In Addition

In Addition

Office of the Attorney General

Notice of Settlement of a Texas Solid Waste Disposal Act Enforcement Action

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Health & Safety Code. Before the State may settle a judicial enforcement action, pursuant to the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.

Case Title and Court: Settlement Agreement in State of Texas v. Jay Eisenberg; Cause No. D-1-GV-07-002505; Travis County District Court.

Background: This suit alleges violations of rules promulgated under the Texas Solid Waste Disposal Act relating to the disposal of solid waste in Dallas, Texas. The Defendant is Jay Eisenberg. The suit seeks injunctive relief and recovery of civil penalties, attorney's fees, court costs.

Nature of Settlement: The settlement awards $20,000.00 in civil penalties, $7,700.00 in attorneys fees, and $142.65 in court costs to the State. The Defendant is also ordered to remove all old material on the property no later than 30 months after the effective date of the judgment.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Vanessa Puig-Williams, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-200806588

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 18, 2008

Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of December 12, 2008, through December 18, 2008. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on December 24, 2008. The public comment period for this project will close at 5:00 p.m. on January 23, 2009.

FEDERAL AGENCY ACTIONS:

Applicant: Port Arthur LNG Holdings, LLC; Location: The project is located at the Sabine-Neches waterway in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Arthur South, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 407354; Northing: 3298171. Project Description: The applicant proposes to construct a combined crude oil, liquefied petroleum gas and refined products import/export terminal along the western bank of the Sabine-Neches Waterway. The proposed berthing slips will be dredged to -48ft (MLLW) or to a depth consistent with the U.S. Army Corps of Engineer's (Corps') planned deepening of the waterway. Each slip will consist of breasting dolphins, mooring dolphins, an approach trestle, pipeway trestle, and a loading/unloading platform. Proposed onshore facilities will include storage tanks and associated piping, pipe racks, pumps, control buildings, and support facilities. Dredged material generated during construction of the proposed slip will be beneficially used to fill areas of degraded marsh in an area known as the Pintail Flats in the J. D. Murphree Wildlife Management Area (WMA). Also included is the relocation of Texas State Hwy 87 (SH 87) and the utility corridors that parallel the highway. The highway relocation measures approximately 3.3 miles in length. The highway relocation was previously permitted on 14 February 2008 through Corps permit number 23734. At the request of the Texas Parks and Wildlife Department (TPWD) an access road will be built to allow continued access in to the WMA. A total of 139.9 acres will be permanently impacted as a result of the proposed project. Approximately 123.1 acres of wetlands will impacted by the construction of the terminal; approximately 97.9 acres of wetlands will be impacted by the SH 87 reroute (81.4 temporary, 16.5 permanent), and approximately 0.3 acres of wetlands may be impacted by the TPWD access road. CCC Project No.: 09-0038-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00497 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Oiltanking Texas City, LP; Location: The project is located on the Texas City Channel, immediately west of the Texas City Industrial Turning Basin, in Texas City, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Texas City, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 314323; Northing: 3249481. Project Description: The applicant proposes to construct a new barge dock within an existing terminal. The construction includes installation of 134 feet of bulkhead, placement of fill material into 0.02 acre of open water, and dredge using mechanical and/or hydraulic excavation 0.55 acre of open water to a depth of 17 feet. The proposed barge dock will also require the installation of 6 new breasting/mooring dolphins. The applicant proposes to place the dredge material into the Shoal Point Dredge Material Placement Area. CCC Project No.: 09-0061-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00255 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Davis Petroleum Corporation; Location: The project is located within Sabine Lake, approximately 1 mile east of Port Arthur, in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Acres, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 392996; Northing: 3307723. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities. Such activities include installation of typical marine barges and keyways, shell and/or gravel pad, production structures with attendant facilities, and flowlines. For the construction of the shell and/or gravel pad, approximately 1,267 cubic yards of shell, gravel, or crushed rock will be discharged to construct a 190-foot-long by 60-foot-wide by at most a 3-foot-deep pad to position the marine barge. CCC Project No.: 09-0062-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00567 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above, including a copy the consistency certifications for inspection, may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200806641

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: December 19, 2008

Notice of Funds Availability - Texas Coastal Management Program Grants Program

The Coastal Coordination Council (Council) files this Notice of Funds Availability to announce the availability of approximately $853,500 in §306/§306A federal grant funds under the Texas Coastal Management Program (CMP). The purpose of awarding these funds is to assist eligible applicants directly impacted by Hurricane Ike, which made landfall on Galveston Island as a category 2 hurricane on September 13, 2008. Hurricane Ike is expected to be third costliest natural disaster in the history of the nation behind Hurricanes Katrina and Andrew.

Funding will be limited to projects listed in this notice that directly assist with the long-term recovery and responsible redevelopment of the coastal areas impacted by Hurricane Ike.

Except as modified below, the Application Guidance for Grant Cycle #14 dated April 2008 applies to proposals pursuant to this RFP. Applicants who submitted a Grant Cycle #14 final application by the October 15, 2008 deadline must resubmit their application to apply for this funding.

Eligible Applicants

The following entities, which were adversely affected by Hurricane Ike and declared a major disaster by the President in his disaster declaration for the State of Texas on September 13, 2008, are eligible to receive grants under this notice.

1. Incorporated cities within the coastal zone boundary.

2. County governments within the coastal zone boundary.

3. Texas state agencies.

4. Texas public colleges/universities.

5. Subdivisions of the state with jurisdiction in the coastal zone (e.g., navigation districts, port authorities, river authorities, and Soil and Water Conservation Districts with jurisdiction in the coastal zone).

6. Councils of governments and other regional governmental entities within the coastal zone boundary.

7. The Galveston Bay Estuary Program.

8. Nonprofit organizations located in Texas that are nominated by an eligible entity in categories 1 - 8 above. A nomination may take the form of a resolution or letter from a responsible official of an entity in categories 1 - 8. The nominating entity is not expected to financially or administratively contribute to the management and implementation of the proposed project.

Project Location

All projects must be located within the CMP boundary and within the counties determined to have been adversely affected by the catastrophe and declared a major disaster by the President in his major disaster declaration for the State of Texas on September 13, 2008. These counties are: Calhoun, Matagorda, Brazoria, Harris, Galveston, Chambers, Jefferson and Orange.

Funding Preferences and Matching Requirement

The Council will consider funding individual projects up to $150,000 (CMP portion only). The applicant must provide a local match of 40% of the total project cost to comply with federal matching requirements. For example, if an applicant is proposing a project that costs $250,000, the most that can be requested in CMP funding is $150,000. The applicant must provide $100,000 (or 40% of the total project cost) in local match. Federal funds, received directly or passed-through by a state agency, cannot be used as match.

Eligible Projects

The Council will accept the following types of projects. The projects are not listed in order of preference.

Non-Construction (§306):

1. Post-storm analysis of impacts to coastal natural resource areas.

2. Cost-benefit analysis of implementing setbacks for beachfront construction.

3. Scientific studies to determine where the natural line of vegetation was impacted and where it recovered on the beachfront one year after Hurricane Ike made landfall.

Construction (§306A):

1. Public access improvement projects.

2. Dune restoration projects.

Scoring Criteria

1. Does this project help implement a local plan to mitigate the impacts of natural hazards? (25 points.)

2. Will this project result in improved community resiliency to natural hazards? (25 points.)

3. Does the project have a direct or indirect beneficial economic or financial impact to the community? (10 points.)

4. Does the applicant document community or local government support for the project? (15 points.)

5. Does the applicant describe/document it is capable of administering and completing the project within an 18-month period? (15 points.)

6. Does the project budget appear reasonable/accurate? (10 points.)

Guidance and Application Package

To obtain a copy of the CMP Grant Cycle #14 Guidance and Application Package, please contact Melissa Porter at (512) 475-1393, (800) 998-4GLO or at melissa.porter@glo.state.tx.us. The requirements to receive federal grant funds are outlined in the guidance. Written requests for the Guidance and Application Package should be addressed to: Coastal Coordination Council, CMP Grants Program, c/o Texas General Land Office (GLO), 1700 North Congress Avenue, Room 335, Austin, Texas 78711-2873. The Guidance and Application Package is also available on the GLO's website at: http://www.glo.state.tx.us/coastal/grants/index.html.

Deadline

The deadline for receiving final grant applications is Wednesday, April 8, 2009 by 5:00 p.m. Final grant applications must be mailed (regular, express, or certified) or hand-delivered to: Coastal Coordination Council, CMP Grants Program, c/o Texas General Land Office, 1700 North Congress Avenue, Room 335, Austin, Texas 78701-1495. Facsimiles, electronic mail transmissions, and applications postmarked on or after the due date and time will not be accepted.

TRD-200806642

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: December 19, 2008

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 2, 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 February 2, 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: AAEMS LLC dba Kwik Mart 2; DOCKET NUMBER: 2008-1487-PST-E; IDENTIFIER: RN102142049; LOCATION: Euless, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §334.49(b)(3)(B) and the Code, §26.3475(d), by failing to inspect and test the protected component for electrical isolation; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all underground storage tanks (USTs) are monitored; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve on each pressurized delivery or product line and ensure that it is securely anchored at the base of the dispenser; 30 TAC §115.246(1) and (4) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for inspection; and 30 TAC §115.242(3)(K) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS) in proper operating condition; PENALTY: $9,521; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: American Acryl L.P.; DOCKET NUMBER: 2008-1553-AIR-E; IDENTIFIER: RN101379287; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(1), Federal Operating Permit (FOP) Number 2655, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to submit the annual compliance certification (ACC) form; and 30 TAC §122.143(4) and §122.145(2)(C), FOP Number 2655, GTC, and THSC, §382.085(b), by failing to timely submit the deviation report; PENALTY: $3,625; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Belvan Corporation; DOCKET NUMBER: 2008-1389-AIR-E; IDENTIFIER: RN100214022; LOCATION: near Midland, Crockett County; TYPE OF FACILITY: natural gas processing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), New Source Review (NSR) Permit Number 9824A, General Condition Number 8, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §§111.111(a)(4)(A)(ii), 116.115(c), and 122.143(4), NSR Permit Number 9824A, Special Condition (SC) Numbers 2, 3, 6, and 7, General Operating Permit (GOP) Number O-00326, Condition Number (b)(8), and THSC, §382.085(b), by failing to maintain records; 30 TAC §116.115(c), NSR Permit Number 9824A, SC Number 5, 40 Code of Federal Regulations (CFR) §60.18(f)(2), and THSC, §382.085(b), by failing to monitor the pilot flame of the emergency flare with a thermocouple or infrared monitor; 30 TAC §101.201(a)(1) and THSC, §382.085(b), by failing to report a reportable emissions event within 24 hours after the discovery; and 30 TAC §122.145(2)(A), GOP Number O-00326, Condition (b)(2), and THSC, §382.085(b), by failing to report deviations; PENALTY: $133,900; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(4) COMPANY: Channel Energy Center, LP; DOCKET NUMBER: 2008-1476-AIR-E; IDENTIFIER: RN100213107; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: power generation plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(1) and (2), FOP Number O-02084, GTC, and THSC, §382.085(b), by failing to submit an annual compliance certification report; and 30 TAC §122.143(4) and §122.145(2)(B), FOP Number O-02084, GTC, and THSC, §382.085(b), by failing to include a calendar day within the semi-annual deviation reporting period; PENALTY: $2,017; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(5) COMPANY: Chevron U.S.A. Inc.; DOCKET NUMBER: 2008-1358-PST-E; IDENTIFIER: RN102483641; LOCATION: Panna Maria, Karnes County; TYPE OF FACILITY: USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, two USTs; and 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: City of Cranfills Gap; DOCKET NUMBER: 2008-1445-PWS-E; IDENTIFIER: RN101384170; LOCATION: Cranfills Gap, Bosque County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(3)(K), by failing to provide a casing vent that is covered with a 16-mesh or finer corrosion-resistant screen; 30 TAC §290.42(e)(4)(A), by failing to provide a small bottle of fresh ammonia solution for testing for chlorine leakage; 30 TAC §290.42(j), by failing to provide documentation that the calcium hypochlorite used in treatment of the water conforms to American National Standards Institute/National Sanitation Foundation Standard 60; 30 TAC §290.44(h)(4), by failing to have backflow prevention assemblies tested and certified to be operating within specifications at least annually; 30 TAC §290.46(j), by failing to complete a customer service inspection certificate; 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, distribution system lines, and related appurtenances in a watertight condition; 30 TAC §290.46(s)(1), by failing to calibrate well meters at least once every three years; and 30 TAC §290.46(n)(3), by failing to keep in file and make available for commission review copies of well completion data; PENALTY: $787; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 440-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: Diamond Water Company dba River Bend Estates; DOCKET NUMBER: 2008-1392-PWS-EIDENTIFIER: RN101221257; LOCATION: Bandera County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(iii), by failing to provide two or more service pumps having a total capacity of two gallons per minute (gpm) per connection; 30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; and 30 TAC §290.46(m)(4), by failing to maintain the water system's ground storage tank in a watertight condition; PENALTY: $280; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2008-1085-AIR-E; IDENTIFIER: RN100542281; LOCATION: Channelview, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Numbers 1768 and 2936, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $16,550; Supplemental Environmental Project (SEP) offset amount of $6,620 applied to Texas Parent Teacher Association - Clean School Bus Program; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: City of Evant; DOCKET NUMBER: 2008-0584-MWD-E; IDENTIFIER: RN101920403; LOCATION: Evant, Coryell County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0011011001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for dissolved oxygen, five-day biochemical oxygen demand, and total suspended solids (TSS); PENALTY: $10,335; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: Gerene Ferguson; DOCKET NUMBER: 2008-1159-PST-E; IDENTIFIER: RN101787885; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: UST; RULE VIOLATED: 30 TAC §334.10(b)(1)(B), by failing to maintain required records pertaining to the UST system; 30 TAC §334.50(a)(1) and (b)(2)(A)(i)(III) and (ii), by failing to provide a method of release detection; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $5,748; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(11) COMPANY: G & J INTERNATIONAL, INC. dba Sunny's Food Mart 3; DOCKET NUMBER: 2008-1344-PST-E; IDENTIFIER: RN101546588; LOCATION: Lewisville, Denton County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training in the operation and maintenance of the Stage II VRS and each employee received in-house Stage II vapor recovery training regarding the purpose and correct operation of the Stage II equipment; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II equipment in proper operating condition; and 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump equipped with Stage II equipment; PENALTY: $4,700; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: City of Gatesville; DOCKET NUMBER: 2008-1361-MWD-E; IDENTIFIER: RN101613685; LOCATION: Coryell County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(4), TPDES Permit Number WQ0010176002, Permit Conditions Number 2.g., and the Code, §26.121(a), by failing to prevent an unauthorized discharge of wastewater; 30 TAC §305.125(9)(A) and TPDES Permit Number WQ0010176002, Monitoring and Reporting Requirements Number 7.a., by failing to report an unauthorized discharge to the TCEQ within the timeframes specified by the permit; 30 TAC §305.125(9)(A) and TPDES Permit Number WQ0010176002, Monitoring and Reporting Requirements Number 7.a., by failing to submit all required information on a noncompliance notification; and 30 TAC §305.125(5) and TPDES Permit Number WQ0010176002, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are properly operated and maintained; PENALTY: $23,000; SEP offset amount of $23,000 applied to Texas Association of Resource Conservation and Development Areas, Inc. - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(13) COMPANY: Glenwood Water Supply Corporation; DOCKET NUMBER: 2008-1393-PWS-E; IDENTIFIER: RN101436780; LOCATION: Upshur County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.41(c)(1)(F), by failing to provide sanitary control easements; 30 TAC §290.42(e)(3)(D), by failing to provide disinfection facilities for determining the amount of disinfectant used daily as well as the amount of disinfectant remaining for use; 30 TAC §290.42(1), by failing to compile and maintain a plant operations manual for operator review and reference; 30 TAC §290.43(c)(8), by failing to maintain the facility's storage tank at plant number four in strict accordance with current American Water Works Association (AWWA) design standards; 30 TAC §290.43(d)(3), by failing to provide the pressure tank at plant number three with a device to readily determine air-water-volume; 30 TAC §290.43(d)(2), by failing to provide the pressure tank at plant number three with a pressure release device; 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(v), by failing to ensure that all water system electrical wiring is securely installed in compliance with a local or national electrical code; 30 TAC §290.121(a) and (b), by failing to make available for commission review a complete up-to-date chemical and microbiological monitoring plan; 30 TAC §290.46(n)(2), by failing to provide an up-to-date map of the distribution system; 30 TAC §290.46(f)(2), (3)(A)(i)(II) and (ii)(II), by failing to provide water system records to commission personnel at the time of the investigation; and 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection; PENALTY: $3,003; ENFORCEMENT COORDINATOR: Epifanio Villareal, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(14) COMPANY: City of Hale Center; DOCKET NUMBER: 2008-1644-PWS-E; IDENTIFIER: RN101383982; LOCATION: Hale Center, Hale County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(c)(4) and TCEQ Agreed Order Docket Number 2007-1402-PWS-E, Ordering Provision Number 3.b.ii., by failing to provide a pressure indicator on the facility's elevated storage tank; and 30 TAC §290.46(f)(2) and TCEQ Agreed Order Docket Number 2007-1402-PWS-E, Ordering Provision Number 3.a.i., by failing to provide facility records to commission personnel at the time of the investigation; PENALTY: $336; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(15) COMPANY: Jeske Construction Company; DOCKET NUMBER: 2008-1419-WQ-E; IDENTIFIER: RN101560324; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: construction company; RULE VIOLATED: the Code, §26.121, by failing to prevent the unauthorized discharge of lime slurry into or adjacent to waters in the state; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Johnson Plate and Tower Fabrication, Inc.; DOCKET NUMBER: 2008-1519-AIR-E; IDENTIFIER: RN100819242; LOCATION: Canutillo, El Paso County; TYPE OF FACILITY: steel tubular tower manufacturing plant for wind turbines; RULE VIOLATED: 30 TAC §106.433(7)(A), 40 CFR §63.3890(b)(1), and THSC, §382.085(b), by failing to comply with the permit by rule for surface coating; and 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization prior to conducting surface coating activities; PENALTY: $12,250; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(17) COMPANY: Lucite International, Inc.; DOCKET NUMBER: 2008-1293-AIR-E; IDENTIFIER: RN102736089; LOCATION: Nederland, Jefferson County; TYPE OF FACILITY: industrial organic chemical plant; RULE VIOLATED: 30 TAC §§113.120, 115.112(a)(1), 116.115(c), and 122.143(4), 40 CFR §63.120(d)(5), FOP Number O-01960, GTC and SC Numbers 1A, 1D, 4, and 19, NSR Air Permit Number 1743, SC Numbers 2 and 10, and THSC, §382.085(b), by failing to maintain the required water flow; and 30 TAC §§116.115(b)(2)(F) and (c), 116.116(a)(1), and 112.143(4), FOP Number O-01960, GTC, and SC Numbers 16 and 19, NSR Air Permit Number 1743, SC Number 1, and THSC, §382.085(b), by failing to maintain emission rates below the allowable emission limits for acrylonitrile; PENALTY: $28,750; SEP offset amount of $11,500 applied to Jefferson County: Retrofit/Replacement of Heavy Equipment and Vehicles with Alternative Fueled Equipment and Vehicles; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(18) COMPANY: Macedonia Eylau Municipal Utility District 1; DOCKET NUMBER: 2008-1574-PWS-E; IDENTIFIER: RN101451920; LOCATION: Bowie County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(2) and (3)(A)(ii)(II) and (iv), by failing to maintain a record of water works operation and maintenance activities and make it available for review during inspections; 30 TAC §290.46(j), by failing to complete a customer service inspection certificate; 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.43(e), by failing to maintain an intruder-resistant fence in good condition; 30 TAC §290.43(c)(8), by failing to maintain the water system's elevated storage tank in strict accordance with current AWWA standards; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(n)(1), by failing to maintain accurate and up-to-date detailed as built-plans and specifications for the elevated storage tank; 30 TAC §290.110(e)(4), by failing to properly complete the disinfection level quarterly reports for the facility each quarter; 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection; and 30 TAC §290.45(b)(1)(D)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; PENALTY: $3,239; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(19) COMPANY: Metroplex Retaining Walls, Inc.; DOCKET NUMBER: 2008-1334-WQ-E; IDENTIFIER: RN100800896; LOCATION: Euless, Tarrant County; TYPE OF FACILITY: concrete production plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES General Permit Number TXG110585, Part III, Permit Requirements, Section A, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations; 30 TAC §305.125(1) and §319.5(b) and TPDES General Permit Number TXG110585, Part III, Permit Requirements, Section A, by failing to collect effluent samples for analysis of the permitted parameters and estimate discharge flows; and 30 TAC §305.125(17) and TPDES General Permit Number TXG110585, Part III, Permit Requirements, Section D.3., by failing to submit the required toxicity report; PENALTY: $17,876; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Mitsubishi Caterpillar Forklift America, Inc.; DOCKET NUMBER: 2008-1469-AIR-E; IDENTIFIER: RN100219161; LOCATION: Houston, Harris County; TYPE OF FACILITY: forklift manufacturing plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit a Title V compliance certification; PENALTY: $1,625; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(21) COMPANY: Monsanto Ag Products, LLC; DOCKET NUMBER: 2008-1314-AIR-E; IDENTIFIER: RN100218940; LOCATION: Plainview, Floyd County; TYPE OF FACILITY: cotton processing plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number O-2701, GTC, and THSC, §382.085(b), by failing to submit the permit compliance certification; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Jeremy Escobar, (512) 239-1460; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(22) COMPANY: Red River Redevelopment Authority; DOCKET NUMBER: 2008-1864-WQ-E; IDENTIFIER: RN101274231; LOCATION: Bowie County; TYPE OF FACILITY: biodiesel plant; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(23) COMPANY: City of Shiner; DOCKET NUMBER: 2008-1685-MWD-E; IDENTIFIER: RN101919181; LOCATION: Shiner, Lavaca County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010280001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for TSS; PENALTY: $2,440; ENFORCEMENT COORDINATOR: Carlie Konkol, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(24) COMPANY: South Rusk County Water Supply Corporation; DOCKET NUMBER: 2008-1551-PWS-E; IDENTIFIER: RN101393544; LOCATION: Laneville, Rusk County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(d) and §290.46(r), by failing to operate the facility to maintain a minimum pressure of 35 pounds per square inch; 30 TAC §290.43(c)(8), by failing to maintain the facility's storage tanks in strict accordance with current AWWA standards; 30 TAC §290.45(b)(1)(D)(i) and THSC, §341.0315(c), by failing to provide two or more well shaving a total capacity of 0.6 gpm per connection; and 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection for the main pressure plane; PENALTY: $1,333; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(25) COMPANY: Dona Stewart; DOCKET NUMBER: 2008-1257-PWS-E; IDENTIFIER: RN101194447; LOCATION: Atlanta, Cass County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(f)(3) and §290.122(b)(2) and THSC, §382.0315(a), by exceeding the maximum contaminant level for total coliform and by failing to provide public notice; 30 TAC §290.109(c)(3)(A)(ii) and §290.122(b)(2), by failing to collect a set of repeat samples within 24 hours of being notified of a total coliform-positive sample result and by failing to provide public notice of the failure to collect repeat samples; and 30 TAC §290.109(c)(2)(F) and §290.122(b)(2), by failing to collect five routine distribution coliform samples during the month following a total coliform-positive sample result and by failing to provide public notice; PENALTY: $2,453; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-37134, (903) 535-5100.

(26) COMPANY: TOTAL PETROCHEMICALS USA, INC.; DOCKET NUMBER: 2008-1382-AIR-E; IDENTIFIER: RN102457520; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number 1267, GTC, and THSC, §382.085(b), by failing to submit an annual permit compliance certification; PENALTY: $7,775; SEP offset amount of $3,110 applied to Jefferson County: Retrofit/Replacement of Heavy Equipment and Vehicles with Alternative Fueled Equipment and Vehicles; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(27) COMPANY: Tynan Water Supply Corporation; DOCKET NUMBER: 2008-1102-PWS-E; IDENTIFIER: RN102680238; LOCATION: Bee County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition; PENALTY: $104; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(28) COMPANY: Wagner & Brown, Limited; DOCKET NUMBER: 2008-1567-WR-E; IDENTIFIER: RN105609887; LOCATION: Harrison County; TYPE OF FACILITY: gas well site; RULE VIOLATED: 30 TAC §297.11 and the Code, §11.121, by failing to obtain a water rights permit; PENALTY: $575; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 757013734, (903) 535-5100.

(29) COMPANY: West Hardin County Consolidated Independent School District; DOCKET NUMBER: 2008-1274-MWD-E; IDENTIFIER: RN101518793; LOCATION: Hardin County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(17) and §319.7(d) and TPDES Permit Number WQ0011274001, Monitoring and Reporting Requirements Number 1, by failing to timely submit the discharge monitoring reports (DMRs); 30 TAC §305.125(17) and TPDES Permit Number WQ0011274001, Sludge Provisions, by failing to timely submit the annual sludge report; 30 TAC §305.125(1) and TPDES Permit Number WQ0011274001, Monitoring and Reporting Requirements Number 7.c, by failing to notify the TCEQ within five working days of becoming aware of an effluent permit excursion of 40% or greater; 30 TAC §305.125(5) and TPDES Permit Number WQ0011274001, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §305.125(4), TPDES Permit Number WQ0011274001, Permit Conditions 2.d., and the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge and accumulation of solids in the receiving stream; 30 TAC §305.128(a) and TPDES Permit Number WQ0011274001, Monitoring and Reporting Requirements Number 10, by failing to have an authorized officer or agent sign the DMRs; and 30 TAC §305.126(b)(3) and TPDES Permit Number WQ0011274001, Sludge Provisions, Section I.A.3, by failing to give 180 days notice prior to a change in the sewage sludge disposal practice; PENALTY: $9,579; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(30) COMPANY: Whirlwind Steel Buildings, Inc.; DOCKET NUMBER: 2008-1528-AIR-E; IDENTIFIER: RN100543917; LOCATION: Houston, Harris County; TYPE OF FACILITY: metal building fabrication plant; RULE VIOLATED: 30 TAC §§122.143(2), (4) and (15), 122.145(2)(A) and (B), 122.146(2), 122.165(a)(8), FOP Number O-02060, GTC, and THSC, §382.085(b), by failing to submit complete, accurate, and timely ACCs and the semi-annual deviation reports; PENALTY: $10,700; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-200806620

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 19, 2008

Enforcement Orders

An agreed order was entered regarding Friend Enterprises Inc. dba Friendly Mart, Docket No. 2003-1045-PST-E on December 11, 2008 assessing $15,300 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barham A. Richard, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Evelio Morales dba Casino Grocery and dba Casino Grocery 2, Docket No. 2005-0547-PST-E on December 11, 2008 assessing $61,690 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Mohammed A. Swati dba Sheldon King Savers Food, Docket No. 2005-0602-PST-E on December 11, 2008 assessing $4,280 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2005-0859-AIR-E on December 11, 2008 assessing $20,200 in administrative penalties with $10,100 deferred.

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

A default order was entered regarding Name Investment, Inc. dba Highway Stop, Docket No. 2005-0868-PST-E on December 11, 2008 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lutenbaker-Coleman, Ltd., dba Sandy Hill Concrete fka Sandy Hill Redi-Mix Inc., Docket No. 2005-0869-WQ-E on December 11, 2008 assessing $5,945 in administrative penalties.

An agreed order was entered regarding James Ramirez dba West Beauregard Service Center, Docket No. 2005-0893-PST-E on December 11, 2008 assessing $8,100 in administrative penalties.

An agreed order was entered regarding Vashu Samtani dba Countryside, Docket No. 2005-1523-PST-E on December 11, 2008 assessing $7,650 in administrative penalties.

An agreed order was entered regarding Betty Brown, Docket No. 2005-1856-MLM-E on December 11, 2008 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BASF FINA Petrochemicals Limited Partnership, Docket No. 2005-1862-AIR-E on December 11, 2008 assessing $59,800 in administrative penalties with $29,900 deferred.

An agreed order was entered regarding Asalah Inc. dba Town Tires and Auto Service, Docket No. 2006-0111-PST-E on December 11, 2008 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Garland Kimbrell dba Timber We'll Take It, Docket No. 2006-0395-MSW-E on December 11, 2008 assessing $2,100 in administrative penalties.

An agreed order was entered regarding C. L. Castillo Builders, Inc., Docket No. 2006-0777-WQ-E on December 11, 2008 assessing $1,800 in administrative penalties.

A default order was entered regarding S. P. Holmes., Inc. dba Georgetown 66, Docket No. 2006-0866-PST-E on December 11, 2008 assessing $9,375 in administrative penalties.

An agreed order was entered regarding Bradley S. McClure and Heather L. McClure, Docket No. 2006-0921-MSW-E on December 11, 2008 assessing $2,005 in administrative penalties.

A default order was entered regarding Bluff Springs Food Mart, Inc. dba Bluff Springs Food Mart No. 2, Docket No. 2006-0925-PST-E on December 11, 2008 assessing $4,500 in administrative penalties.

An agreed order was entered regarding Shalynah, Inc. dba Sammys 3, Docket No. 2006-1001-PST-E on December 11, 2008 assessing $11,790 in administrative penalties.

A default order was entered regarding JKY Store Inc. dba Saks Fine Cleaners, Docket No. 2006-1246-DCL-E on December 11, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jennifer Cook, Staff Attorney at (512) 239-1873, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2006-1533-AIR-E on December 11, 2008 assessing $55,200 in administrative penalties with $27,600 deferred.

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

An agreed order was entered regarding BASF FINA Petrochemicals Limited Partnership, Docket No. 2006-1578-AIR-E on December 11, 2008 assessing $203,125 in administrative penalties with $101,562 deferred.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2006-1598-AIR-E on December 11, 2008 assessing $92,677 in administrative penalties with $46,338 deferred.

A default order was entered regarding Kim Phuong Tran dba Kims Cleaners, Docket No. 2006-1694-DCL-E on December 11, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rudy Calderon, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding A.Z.H.E. Corporation dba Forest Conoco, Docket No. 2006-1710-PST-E on December 11, 2008 assessing $3,150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin Thompson, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Seong D. Roh dba South Side Cleaners, Docket No. 2006-1854-DCL-E on December 11, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Sallans, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2006-1960-AIR-E on December 11, 2008 assessing $47,442 in administrative penalties with $23,721.

A default order was entered regarding Royce Richardson, Docket No. 2006-1961-MSW-E on December 11, 2008 assessing $1,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WSWS Company, Docket No. 2006-1984-PWS-E on December 11, 2008 assessing $1,050 in administrative penalties.

An agreed order was entered regarding Bilal Enterprises, Inc. dba Truck Stop 1, Docket No. 2006-2033-PST-E on December 11, 2008 assessing $4,080 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512) 239-6624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Van Der Horst U.S.A. Corporation, Docket No. 2006-2186-IHW-E on December 11, 2008 assessing $44,685 in administrative penalties.

An agreed order was entered regarding Alberto Lopez, Docket No. 2008-0197-PST-E on December 11, 2008 assessing $6,300 in administrative penalties with $1,260 deferred.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding International Wood, LLC, Docket No. 2008-0236-AIR-E on December 11, 2008 assessing $2,375 in administrative penalties with $475 deferred.

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

An agreed order was entered regarding City of Humble, Docket No. 2008-0327-MWD-E on December 11, 2008 assessing $6,500 in administrative penalties with $1,300 deferred.

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

An agreed order was entered regarding Dripping Springs Independent School District, Docket No. 2008-0403-MWD-E on December 11, 2008 assessing $9,450 in administrative penalties with $1,890 deferred.

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

An agreed order was entered regarding Custom Water Co., L.L.C., Docket No. 2008-0417-PWS-E on December 11, 2008 assessing $3,737 in administrative penalties with $747 deferred.

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

An agreed order was entered regarding S Fiberglass, Ltd., Docket No. 2008-0484-AIR-E on December 11, 2008 assessing $2,375 in administrative penalties with $475 deferred.

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

An agreed order was entered regarding Nand Kishore dba Lucky Stop 1, Docket No. 2008-0588-PST-E on December 11, 2008 assessing $7,726 in administrative penalties with $1,545 deferred.

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

An agreed order was entered regarding CFF Recycling USA, Inc., Docket No. 2008-0675-AIR-E on December 11, 2008 assessing $1,550 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Holy Trinity Episcopal School of Greater Houston, Inc., Docket No. 2008-0706-MWD-E on December 11, 2008 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Laredo, Docket No. 2008-0713-MSW-E on December 11, 2008 assessing $2,625 in administrative penalties with $525 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael Graham, Enforcement Coordinator at (806) 796-7092, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kenedy Manor Nursing Homes, Inc., Docket No. 2008-0741-PWS-E on December 11, 2008 assessing $844 in administrative penalties with $168 deferred.

Information concerning any aspect of this order may be obtained by contacting Amanda Henry, Enforcement Coordinator at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Caro Water Supply Corporation, Docket No. 2008-0761-PWS-E on December 11, 2008 assessing $2,312 in administrative penalties with $462 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding UCAR Pipeline Incorporated, Docket No. 2008-0799-AIR-E on December 11, 2008 assessing $9,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Houston Unlimited Inc. Metal Processing, Docket No. 2008-0806-IHW-E on December 11, 2008 assessing $25,000 in administrative penalties with $5,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Oiltanking Beaumont Partners, L.P., Docket No. 2008-0844-AIR-E on December 11, 2008 assessing $5,400 in administrative penalties with $1,080 deferred.

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

An agreed order was entered regarding Cobra Stone, Inc., Docket No. 2008-0855-MLM-E on December 11, 2008 assessing $39,000 in administrative penalties with $7,800 deferred.

Information concerning any aspect of this order may be obtained by contacting Lauren Smitherman, Enforcement Coordinator at (512) 239-5223, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pallet & Crating Co., Inc., Docket No. 2008-0880-AIR-E on December 11, 2008 assessing $1,425 in administrative penalties with $285 deferred.

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

An agreed order was entered regarding McClelland Water Supply Corporation, Docket No. 2008-0891-PWS-E on December 11, 2008 assessing $1,634 in administrative penalties with $327 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NuStar Terminals Texas, Inc., Docket No. 2008-0905-AIR-E on December 11, 2008 assessing $3,625 in administrative penalties with $725 deferred.

An agreed order was entered regarding C.B.H. Services, Inc., Docket No. 2008-0913-AIR-E on December 11, 2008 assessing $3,000 in administrative penalties with $600 deferred.

An agreed order was entered regarding GOPDQ.NET, LLC dba Big K Environmental, Docket No. 2008-0917-MSW-E on December 11, 2008 assessing $8,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Donald Page dba Last Chance Shell, Docket No. 2008-0933-PST-E on December 11, 2008 assessing $6,243 in administrative penalties with $1,248 deferred.

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

An agreed order was entered regarding JERRY SPENCER, L.P. dba JJS Fastop 294, Docket No. 2008-0960-PST-E on December 11, 2008 assessing $4,546 in administrative penalties with $909 deferred.

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

An agreed order was entered regarding Meheboob Momin dba M & S Grocery, Docket No. 2008-0985-PST-E on December 11, 2008 assessing $5,327 in administrative penalties with $1,065 deferred.

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

An agreed order was entered regarding Acme Brick Company, Docket No. 2008-1001-AIR-E on December 11, 2008 assessing $2,925 in administrative penalties with $585 deferred.

An agreed order was entered regarding LCY Elastomers LP, Docket No. 2008-1013-AIR-E on December 11, 2008 assessing $3,650 in administrative penalties with $730 deferred.

An agreed order was entered regarding Gulf South Pipeline Company, LP, Docket No. 2008-1022-AIR-E on December 11, 2008 assessing $2,000 in administrative penalties with $400 deferred.

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

An agreed order was entered regarding Storm Reconstruction Services, Inc., Docket No. 2008-1025-AIR-E on December 11, 2008 assessing $3,000 in administrative penalties with $600 deferred.

An agreed order was entered regarding Zaki Niazi, Docket No. 2008-1069-PST-E on December 11, 2008 assessing $7,875 in administrative penalties with $1,575 deferred.

An agreed order was entered regarding Dirk De Boer dba New Benniger Dairy, Docket No. 2008-1110-AGR-E on December 11, 2008 assessing $2,100 in administrative penalties with $420 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Coastal Transport Co., Inc., Docket No. 2008-1157-PST-E on December 11, 2008 assessing $1,100 in administrative penalties with $220 deferred.

An agreed order was entered regarding Viking Pools, LLC, Docket No. 2008-1172-AIR-E on December 11, 2008 assessing $15,750 in administrative penalties with $3,150 deferred.

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

An agreed order was entered regarding Shy Investment, Inc. dba Times Market 52, Docket No. 2008-1202-PST-E on December 11, 2008 assessing $4,150 in administrative penalties with $830 deferred.

Information concerning any aspect of this order may be obtained by contacting Ross Fife, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding H & W Petroleum Company, Inc., Docket No. 2008-1219-WQ-E on December 11, 2008 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Byron Rusk dba RMS Automotive, Docket No. 2008-1223-PST-E on December 11, 2008 assessing $4,250 in administrative penalties with $850 deferred.

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

An agreed order was entered regarding Lindsey Contractors, Inc., Docket No. 2008-1260-AIR-E on December 11, 2008 assessing $850 in administrative penalties with $170 deferred.

An agreed order was entered regarding Universal Corrosion Specialists, Inc., Docket No. 2008-1292-AIR-E on December 11, 2008 assessing $900 in administrative penalties with $180 deferred.

A field citation was entered regarding Kendrick Oil Company, Docket No. 2008-1501-PST-E on December 11, 2008 assessing $875 in administrative penalties.

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

A field citation was entered regarding Trademark Homes, Inc. Docket No. 2008-1505-WQ-E on December 11, 2008 assessing $700 in administrative penalties.

A field citation was entered regarding Flat Rock Minerals, LLC, Docket No. 2008-1525-WR-E on December 11, 2008 assessing $875 in administrative penalties.

TRD-200806632

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 19, 2008

Notice of Water Rights Applications

Notices issued December 16, 2008 through December 17, 2008.

APPLICATION NO. 12246; Elizabeth L. Carter, Applicant, 3764 Garnet, Houston, Texas 77005, has applied for a Water Use Permit to modify and maintain an existing impoundment structure and reservoir on the North Fork Guadalupe River, Guadalupe River Basin for recreational purposes in Kerr County, Texas. More information on the application and how to participate in the permitting process is given below. The application and fees were received on August 28, 2007. Additional information was received on October 24, 2007. The application was accepted for filing and declared administratively complete on October 30, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 5917A; The San Antonio River Authority (SARA), Applicant, P.O. Box 839980, San Antonio, Texas 78283, has applied for an amendment to Water Use Permit No. 5917 to divert and reuse groundwater-based return flows that will be discharged in the future for municipal, industrial, agricultural, and environmental flows (instream use, riverine habitat, or the bays and estuaries) in the San Antonio River Basin, Bexar County. More information on the application and how to participate in the permitting process is given below. The application and a portion of the required fees were received on July 14, 2008. Additional information and required fees were received on September 17, 2008 and October 3, 2008. The application was declared administratively complete and filed with the Office of the Chief Clerk on October 8, 2008. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by January 22, 2009.

INFORMATION SECTION

To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200806631

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 19, 2008

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on December 17, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Joe McHaney dba Envirosol Environmental Services; SOAH Docket No. 582-07-1986; TCEQ Docket No. 2005-1742-MLM-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Joe McHaney dba Envirosol Environmental Services 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-200806633

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 19, 2008

Texas Facilities Commission

Request for Proposals #303-9-10656-A

The Texas Facilities Commission (TFC), on behalf of the Texas Department of Criminal Justice (TDCJ), announces the issuance of Request for Proposals (RFP) #303-9-10656-A. TFC seeks a five (5) or ten (10) year lease of approximately 6,194 square feet of office space in Galveston County, Texas.

The deadline for questions is January 9, 2009, and the deadline for proposals is January 21, 2009, at 3:00 p.m. The award date is February 19, 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 a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=80313.

TRD-200806645

Kay Molina

General Counsel

Texas Facilities Commission

Filed: December 19, 2008

Request for Proposals #303-9-10824

The Texas Facilities Commission (TFC), on behalf of the Department of Family and Protective Services, announces the issuance of Request for Proposals (RFP) #303-9-10824. TFC seeks a ten (10) year lease of approximately 3,941 sq. ft. of office space in Brownfield, Terry County, Texas.

The deadline for questions is January 2, 2009 and the deadline for proposals is January 16, 2009 at 3:00 p.m. The anticipated award date is February 20, 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.

TRD-200806644

Kay Molina

General Counsel

Texas Facilities Commission

Filed: December 19, 2008

Hardeman County

Request for Comments and Proposals: Additional Medicaid Beds

Texas Department of Aging and Disability Services (DADS) rule 40 TAC §19.2322(h)(6) permits the county commissioners court of a rural county with a population of less than 100,000 and with no more than two Medicaid-Certified nursing facilities to request that DADS contract for additional Medicaid nursing facility beds in that county. This may be done without regard to the occupancy rate of available beds in the county.

The Hardeman County Commissioners Court is considering requesting that DADS contract for additional Medicaid nursing facility beds in Hardeman County. The Commissioners Court is soliciting public input and comments on whether the request should be made. Further, the Commissioners Court seeks proposals from persons interested in providing additional Medicaid beds in Hardeman County to determine if qualified entities are interested in submitting proposals to provide these additional Medicaid beds in Hardeman County. Comments and proposals may be submitted to Judge Ronald Ingram at P.O. Box 30, Hardeman County Courthouse, Quanah, Texas 79252-0030.

A public hearing to receive comments and proposals will be held in the Hardeman County Courthouse, Commissioners Courtroom, 300 Main Street, Quanah, Texas, on January 12, 2009 at 9:00 a.m. For additional information call (940) 663-2911.

TRD-200806649

Ronald Ingram

Judge

Hardeman County

Filed: December 19, 2008

Department of State Health Services

Schedules of Controlled Substances

PURSUANT TO THE TEXAS CONTROLLED SUBSTANCES ACT, HEALTH AND SAFETY CODE, CHAPTER 481, THESE SCHEDULES SUPERCEDE PREVIOUS SCHEDULES AND CONTAIN THE MOST CURRENT VERSION OF THE SCHEDULES OF ALL CONTROLLED SUBSTANCES FROM THE PREVIOUS SCHEDULES AND MODIFICATIONS.

This annual publication of the Texas Schedules of Controlled Substances was signed by David L. Lakey, M. D., Commissioner of Health, and will take effect 21 days following publication of this notice in the Texas Register.

Additional information can be obtained by contacting the Department of State Health Services, Drugs and Medical Devices Group, P.O. Box 149347, Austin, Texas 78714-9347. The telephone number is (512) 834-6755 and the website address is http://www.dshs.state.tx.us/dmd.

SCHEDULES

Nomenclature: Controlled substances listed in these schedules are included by whatever official, common, usual, chemical, or trade name they may be designated.

SCHEDULE I

Schedule I consists of:

Schedule I opiates

The following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);

(2) Allylprodine;

(3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);

(4) Alpha-methylfentanyl or any other derivative of Fentanyl;

(5) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl]-N-phenyl-propanamide);

(6) Benzethidine;

(7) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenyl-propanamide);

(8) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);

(9) Betaprodine;

(10) Clonitazene;

(11) Diampromide;

(12) Diethylthiambutene;

(13) Difenoxin;

(14) Dimenoxadol;

(15) Dimethylthiambutene;

(16) Dioxaphetyl butyrate;

(17) Dipipanone;

(18) Ethylmethylthiambutene;

(19) Etonitazene;

(20) Etoxeridine;

(21) Furethidine;

(22) Hydroxypethidine;

(23) Ketobemidone;

(24) Levophenacylmorphan;

(25) Meprodine;

(26) Methadol;

(27) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide), its optical and geometric isomers;

(28) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

(29) Moramide;

(30) Morpheridine;

(31) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

(32) Noracymethadol;

(33) Norlevorphanol;

(34) Normethadone;

(35) Norpipanone;

(36) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]-propanamide);

(37) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);

(38) Phenadoxone;

(39) Phenampromide;

(40) Phencyclidine;

(41) Phenomorphan;

(42) Phenoperidine;

(43) Piritramide;

(44) Proheptazine;

(45) Properidine;

(46) Propiram;

(47) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);

(48) Tilidine; and

(49) Trimeperidine.

Schedule I opium derivatives

The following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine;

(2) Acetyldihydrocodeine;

(3) Benzylmorphine;

(4) Codeine methylbromide;

(5) Codeine-N-Oxide;

(6) Cyprenorphine;

(7) Desomorphine;

(8) Dihydromorphine;

(9) Drotebanol;

(10) Etorphine (except hydrochloride salt);

(11) Heroin;

(12) Hydromorphinol;

(13) Methyldesorphine;

(14) Methyldihydromorphine;

(15) Monoacetylmorphine;

(16) Morphine methylbromide;

(17) Morphine methylsulfonate;

(18) Morphine-N-Oxide;

(19) Myrophine;

(20) Nicocodeine;

(21) Nicomorphine;

(22) Normorphine;

(23) Pholcodine; and

(24) Thebacon.

Schedule I hallucinogenic substances

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this Schedule I hallucinogenic substances section only, the term "isomer" includes optical, position, and geometric isomers):

(1) Alpha-ethyltryptamine (some trade or other names: etryptamine; Monase; alpha ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET; AET);

(2) alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers;

(3) 4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA);

(4) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other names: Nexus; 2C-B; 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB);

(5) 2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);

(6) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names: DOET);

(7) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts and salts of isomers;

(8) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts, and salts of isomers;

(9) 5-methoxy-3,4-methylenedioxy-amphetamine;

(10) 4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);

(11) 1-methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (MPTP);

(12) 4-methyl-2,5-dimethoxyamphetamine (some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methyl-phenethylamine; "DOM"; and "STP");

(13) 3,4-methylenedioxy-amphetamine;

(14) 3,4-methylenedioxy-methamphetamine (MDMA, MDM);

(15) 3,4-methylenedioxy-N-ethylamphetamine (some trade or other names: N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA);

(16) 3,4,5-trimethoxy amphetamine;

(17) N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);

(18) Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine);

(19) Diethyltryptamine (some trade and other names: N,N-Diethyltryptamine; DET);

(20) Dimethyltryptamine (some trade and other names: DMT);

(21) Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)-ethylamine; cyclohexamine; PCE);

(22) Ibogaine (some trade or other names: 7-Ethyl-6,6-beta, 7,8,9,10,12,13-octhydro-2-methoxy-6,9-methano-5H-pyrido[1',2':1,2] azepino [5,4-b] indole; taber-nanthe iboga);

(23) Lysergic acid diethylamide;

(24) Marihuana;

(25) Mescaline;

(26) N-benzylpiperazine (some other names: BZP; 1-benzylpiperazine), its optical isomers, salts and salts of isomers;

(27) N-ethyl-3-piperidyl benzilate;

(28) N-methyl-3-piperidyl benzilate;

(29) Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl);

(30) Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora, whether growing or not, the seeds of the plant, an extract from a part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts;

(31) Psilocybin;

(32) Psilocin;

(33) Pyrrolidine analog of phencyclidine (some trade or other names: 1-(1-phenyl-cyclohexyl)-pyrrolidine, PCPy, PHP);

(34) Tetrahydrocannabinols;

meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

1 cis or trans tetrahydrocannabinol, and their optical isomers;

6 cis or trans tetrahydrocannabinol, and their optical isomers; and

3,4 cis or trans tetrahydrocannabinol, and its optical isomers.

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered);

(35) Thiophene analog of phencyclidine (some trade or other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-thienyl analog of phencyclidine; TPCP); and

(36) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (some trade or other names: TCPy).

Schedule I stimulants

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Aminorex (some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-phenyl-2-oxazolamine);

(2) Cathinone (some trade or other names: 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone; 2-aminopropiophenone and norephedrone);

(3) Fenethylline;

(4) Methcathinone (some other names: 2-(methylamino)-propiophenone; alpha-(methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR1432);

(5) 4-methylaminorex;

(6) N-ethylamphetamine; and

(7) N,N-dimethylamphetamine (some other names: N,N-alpha-trimethylbenzene-ethaneamine; N,N-alpha-trimethylphenethylamine).

Schedule I depressants

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Gamma-hydroxybutyric acid (some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);

(2) Mecloqualone; and

(3) Methaqualone.

SCHEDULE II

Schedule II consists of:

Schedule II substances, vegetable origin or chemical synthesis

The following substances, however produced, except those narcotic drugs listed in other schedules:

(1) Opium and opiate, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine-derived butorphanol, naloxone and its salts, naltrexone and its salts, and nalmefene and its salts, but including:

(1-1) Codeine;

(1-2) Dihydroetorphine;

(1-3) Ethylmorphine;

(1-4) Etorphine hydrochloride;

(1-5) Granulated opium;

(1-6) Hydrocodone;

(1-7) Hydromorphone;

(1-8) Metopon;

(1-9) Morphine;

(1-10) Opium extracts;

(1-11) Opium fluid extracts;

(1-12) Oripavine

(1-13) Oxycodone;

(1-14) Oxymorphone;

(1-15) Powdered opium;

(1-16) Raw opium;

(1-17) Thebaine; and

(1-18) Tincture of opium.

(2) A salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Paragraph (1) of Schedule II substances, vegetable origin or chemical synthesis, other than the isoquinoline alkaloids of opium;

(3) Opium poppy and poppy straw;

(4) Cocaine, including:

(4-1) its salts, its optical, position, and geometric isomers, and the salts of those isomers; and

(4-2) coca leaves and a salt, compound, derivative, or preparation of coca leaves that is chemically equivalent or identical to a substance described by this paragraph, other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine; and

(5) Concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy.

Opiates

The following opiates, including their isomers, esters, ethers, salts, and salts of isomers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Alfentanil;

(2) Alphaprodine;

(3) Anileridine;

(4) Bezitramide;

(5) Carfentanil;

(6) Dextropropoxyphene, bulk (nondosage form);

(7) Dihydrocodeine;

(8) Diphenoxylate;

(9) Fentanyl;

(10) Isomethadone;

(11) Levo-alphacetylmethadol (some trade or other names: levo-alpha-acetylmethadol, levomethadyl acetate, LAAM);

(12) Levomethorphan;

(13) Levorphanol;

(14) Metazocine;

(15) Methadone;

(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane;

(17) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenyl-propane-carboxylic acid;

(18) Pethidine (meperidine);

(19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(22) Phenazocine;

(23) Piminodine;

(24) Racemethorphan;

(25) Racemorphan;

(26) Remifentanil; and

(27) Sufentanil.

Schedule II stimulants

Unless listed in another schedule and except as provided by the Texas Controlled Substances Act, Health and Safety Code, §481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(2) Methamphetamine, including its salts, optical isomers, and salts of optical isomers;

(3) Methylphenidate and its salts; and

(4) Phenmetrazine and its salts.

(5) Lisdexamfetamine, including its salts, isomers, and salts of its isomers.

Schedule II depressants

Unless listed in another schedule, a material, compound, mixture or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Amobarbital;

(2) Glutethimide;

(3) Pentobarbital; and

(4) Secobarbital.

Schedule II hallucinogenic substances

(1) Nabilone (Another name for nabilone: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8, 10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).

Schedule II precursors

Unless specifically excepted or listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances:

(1) Immediate precursor to methamphetamine:

(1-1) Phenylacetone and methylamine if possessed together with intent to manufacture methamphetamine;

(2) Immediate precursor to amphetamine and methamphetamine:

(2-1) Phenylacetone (some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone); and

(3) Immediate precursors to phencyclidine (PCP):

(3-1) 1-phenylcyclohexylamine; and

(3-2) 1-piperidinocyclohexanecarbonitrile (PCC).

SCHEDULE III

Schedule III consists of:

Schedule III depressants

(1) a compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any of their salts and one or more active medicinal ingredients that are not listed in a schedule;

(2) a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any of their salts and approved by the Food and Drug Administration for marketing only as a suppository;

(3) a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances that are specifically listed in other schedules;

(4) Chlorhexadol;

(5) Any drug product containing gamma hydroxybutyric acid, including its salts, isoners, and salts of isomers, for which an application is approved under section 505 of the Federal Food Drug and Cosmetic Act;

(6) Ketamine, its salts, isomers, and salts of isomers. Some other names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;

(7) Lysergic acid;

(8) Lysergic acid amide;

(9) Methyprylon;

(10) Sulfondiethylmethane;

(11) Sulfonethylmethane;

(12) Sulfonmethane; and

(13) Tiletamine and zolazepam or any salt thereof. Some trade or other names for a tiletamine-zolazepam combination product: Telazol. Some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethyl-pyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon.

Nalorphine

Schedule III narcotics

Unless specifically excepted or unless listed in another schedule:

(1) a material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any of their salts:

(1-1) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(1-2) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(1-3) not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

(1-4) not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(1-5) not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(1-6) not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(1-7) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and

(1-8) not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(2) any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts:

(2-1) Buprenorphine.

Schedule III stimulants

Unless listed in another schedule, a material, compound, mixture or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of the substance's isomers, if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Benzphetamine;

(2) Chlorphentermine;

(3) Clortermine; and

(4) Phendimetrazine.

Schedule III anabolic steroids and hormones

Anabolic steroids, including any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and include the following:

(1) androstanediol

(1-1) 3 beta,17 beta-dihydroxy-5 alpha-androstane;

(1-2) 3 alpha,17 beta-dihydroxy-5 alpha-androstane;

(2) androstanedione (5 alpha-androstan-3,17-dione);

(3) androstenediol--

(3-1) 1-androstenediol (3 beta,17 beta-dihydroxy-5 alpha-androst-1-ene);

(3-2) 1-androstenediol (3 alpha,17 beta-dihydroxy-5 alpha-androst-1-ene);

(3-3) 4-androstenediol (3 beta,17 beta-dihydroxy-androst-4-ene);

(3-4) 5-androstenediol (3 beta,17 beta-dihydroxy-androst-5-ene);

(4) androstenedione--

(4-1) 1-androstenedione ([5 alpha]-androst-1-en-3,17-dione);

(4-2) 4-androstenedione (androst-4-en-3,17-dione);

(4-3) 5-androstenedione (androst-5-en-3,17-dione);

(5) bolasterone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyandrost-4-en-3-one);

(6) boldenone (17 beta-hydroxyandrost-1,4,-diene-3-one);

(7) calusterone (7 beta,17 alpha-dimethyl-17 beta-hydroxyandrost-4-en-3-one);

(8) clostebol (4-chloro-17 beta-hydroxyandrost-4-en-3-one);

(9) dehydrochloromethyltestosterone (4-chloro-17 beta-hydroxy-17alpha-methyl-androst-1,4-dien-3-one);

(10) delta-1-dihydrotestosterone (a.k.a. '1-testosterone') (17 beta-hydroxy-5 alpha-androst-1-en-3-one);

(11) 4-dihydrotestosterone (17 beta-hydroxy-androstan-3-one);

(12) drostanolone (17 beta-hydroxy-2 alpha-methyl-5 alpha-androstan-3-one);

(13) ethylestrenol (17 alpha-ethyl-17 beta-hydroxyestr-4-ene);

(14) fluoxymesterone (9-fluoro-17 alpha-methyl-11 beta,17 beta-dihydroxyandrost-4-en-3-one);

(15) formebolone (2-formyl-17 alpha-methyl-11 alpha,17 beta-dihydroxyandrost-1,4-dien-3-one);

(16) furazabol (17 alpha-methyl-17 beta-hydroxyandrostano[2,3-c]-furazan);

(17) 13 beta-ethyl-17 beta-hydroxygon-4-en-3-one;

(18) 4-hydroxytestosterone (4,17 beta-dihydroxy-androst-4-en-3-one);

(19) 4-hydroxy-19-nortestosterone (4,17 beta-dihydroxy-estr-4-en-3-one);

(20) mestanolone (17 alpha-methyl-17 beta-hydroxy-5 alpha-androstan-3-one);

(21) mesterolone (1 alpha-methyl-17 beta-hydroxy-[5 alpha]-androstan-3-one);

(22) methandienone (17 alpha-methyl-17 beta-hydroxyandrost-1,4-dien-3-one);

(23) methandriol (17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-5-ene);

(24) methenolone (1-methyl-17 beta-hydroxy-5 alpha-androst-1-en-3-one);

(25) 17 alpha-methyl-3 beta, 17 beta-dihydroxy-5 alpha-androstane;

(26) 17alpha-methyl-3 alpha,17 beta-dihydroxy-5 alpha-androstane;

(27) 17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-4-ene;

(28) 17 alpha-methyl-4-hydroxynandrolone (17 alpha-methyl-4-hydroxy-17 beta-hydroxyestr-4-en-3-one);

(29) methyldienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9(10)-dien-3-one);

(30) methyltrienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9-11-trien-3-one);

(31) methyltestosterone (17 alpha-methyl-17 beta-hydroxyandrost-4-en-3-one);

(32) mibolerone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyestr-4-en-3-one);

(33) 17 alpha-methyl-delta-1-dihydrotestosterone (17 beta-hydroxy-17 alpha-methyl-5 alpha-androst-1-en-3-one) (a.k.a. '17-alpha-methyl-1-testosterone');

(34) nandrolone (17 beta-hydroxyestr-4-en-3-one);

(35) norandrostenediol--

(35-1) 19-nor-4-androstenediol (3 beta, 17 beta-dihydroxyestr-4-ene);

(35-2) 19-nor-4-androstenediol (3 alpha, 17 beta-dihydroxyestr-4-ene);

(35-3) 19-nor-5-androstenediol (3 beta, 17 beta-dihydroxyestr-5-ene);

(35-4) 19-nor-5-androstenediol (3 alpha, 17 beta-dihydroxyestr-5-ene);

(36) norandrostenedione--

(36-1) 19-nor-4-androstenedione (estr-4-en-3,17-dione);

(36-2) 19-nor-5-androstenedione (estr-5-en-3,17-dione;

(37) norbolethone (13 beta,17alpha-diethyl-17 beta-hydroxygon-4-en-3-one);

(38) norclostebol (4-chloro-17 beta-hydroxyestr-4-en-3-one);

(39) norethandrolone (17 alpha-ethyl-17 beta-hydroxyestr-4-en-3-one);

(40) normethandrolone (17 alpha-methyl-17 beta-hydroxyestr-4-en-3-one);

(41) oxandrolone (17 alpha-methyl-17 beta-hydroxy-2-oxa-[5 alpha]-androstan-3-one);

(42) oxymesterone (17 alpha-methyl-4,17 beta-dihydroxyandrost-4-en-3-one);

(43) oxymetholone (17 alpha-methyl-2-hydroxymethylene-17 beta-hydroxy-[5 alpha]-androstan-3-one);

(44) stanozolol (17 alpha-methyl-17 beta-hydroxy-[5 alpha]-androst-2-eno[3,2-c]-pyrazole);

(45) stenbolone (17 beta-hydroxy-2-methyl-[5 alpha]-androst-1-en-3-one);

(46) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);

(47) testosterone (17 beta-hydroxyandrost-4-en-3-one);

(48) tetrahydrogestrinone (13 beta,17 alpha-diethyl-17 beta-hydroxygon-4,9,11-trien-3-one);

(49) trenbolone (17 beta-hydroxyestr-4,9,11-trien-3-one); and

(50) any salt, ester, or ether of a drug or substance described in this paragraph.

Schedule III hallucinogenic substances

(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in U.S. Food and Drug Administration approved drug product. (Some other names for dronabinol:(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-tri-methyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol).

SCHEDULE IV

Schedule IV consists of:

Schedule IV depressants

Except as provided by the Texas Controlled Substances Act, Health and Safety Code, §481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) Alprazolam;

(2) Barbital;

(3) Bromazepam;

(4) Camazepam;

(5) Chloral betaine;

(6) Chloral hydrate;

(7) Chlordiazepoxide;

(8) Clobazam;

(9) Clonazepam;

(10) Clorazepate;

(11) Clotiazepam;

(12) Cloxazolam;

(13) Delorazepam;

(14) Diazepam;

(15) Dichloralphenazone;

(16) Estazolam;

(17) Ethchlorvynol;

(18) Ethinamate;

(19) Ethyl loflazepate;

(20) Fludiazepam;

(21) Flunitrazepam;

(22) Flurazepam;

(23) Halazepam;

(24) Haloxazolam;

(25) Ketazolam;

(26) Loprazolam;

(27) Lorazepam;

(28) Lormetazepam;

(29) Mebutamate;

(30) Medazepam;

(31) Meprobamate;

(32) Methohexital;

(33) Methylphenobarbital (mephobarbital);

(34) Midazolam;

(35) Nimetazepam;

(36) Nitrazepam;

(37) Nordiazepam;

(38) Oxazepam;

(39) Oxazolam;

(40) Paraldehyde;

(41) Petrichloral;

(42) Phenobarbital;

(43) Pinazepam;

(44) Prazepam;

(45) Quazepam;

(46) Temazepam;

(47) Tetrazepam;

(48) Triazolam;

(49) Zaleplon;

(50) Zolpidem; and

(51) Zopiclone, its salts, isomers, and salts of isomers.

Schedule IV stimulants

Unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of those isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Cathine [(+)-norpseudoephedrine];

(2) Diethylpropion;

(3) Fencamfamin;

(4) Fenfluramine;

(5) Fenproporex;

(6) Mazindol;

(7) Mefenorex;

(8) Modafinil;

(9) Pemoline (including organometallic complexes and their chelates);

(10) Phentermine;

(11) Pipradrol;

(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]; and

(13) Sibutramine.

Schedule IV narcotics

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs or their salts:

(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit; and

(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).

Schedule IV other substances

Unless specifically excepted or unless listed in another schedule, a material, compound, substance's salts:

(1) Butorphanol, including its optical isomers; and

(2) Pentazocine, its salts, derivatives, compounds, or mixtures.

SCHEDULE V

Schedule V consists of:

Schedule V narcotics containing non-narcotic active medicinal ingredients

A compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that also contain one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;

(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;

(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) Not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams; and

(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

Schedule V stimulants

Unless specifically exempted or excluded or unless listed in another schedule, a compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:

(1) Pyrovalerone.

Schedule V depressants

Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:

(1) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].

TRD-200806595

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: December 18, 2008

Texas Department of Housing and Community Affairs

2009 Community Services Block Grant State Discretionary Funds Notice of Funding Availability (NOFA)

I. Background and Purpose of Community Services Block Grant State Discretionary Funds Notice of Funding Availability (NOFA).

The Community Services Block Grant (CSBG) funds, funded through the U.S. Department of Health and Human Services, are to be utilized to ameliorate the causes of poverty in communities. States are allowed to utilize the CSBG funds in accordance with §675(C), Uses of Funds, Public Law 105-285. Per the CSBG Act, 42 USC §9907(b)(1)(A) - (H), if a state uses less than 100% of the grant to make grants under subsection (a) of this section, the state shall use the remainder of the grant or allotment CSBG for activities that may include training and technical assistance, coordination of program and services, statewide coordination and communication among eligible entities, analyzing the distribution of funds, asset building programs, supporting innovative programs and services to eliminate poverty, promote self-sufficiency, promote community revitalization, and supporting activities consistent with the purpose of the CSBG Act.

The Texas Legislature designated the Texas Department of Housing and Community Affairs (the Department) to administer this program pursuant to §2306.094, Texas Government Code.

The Department has been notified that the 2009 CSBG award for Texas is $31,311,979, of which $900,000 will fund projects which are awarded funding based on the results of the applications received in response to this NOFA.

II. Notice of Funding Availability.

The Department will accept applications in response to the Community Services Block Grant State Discretionary Funds Notice of Funding Availability. ESGP funds will be made available to eligible applicants to carry out the purpose of the Community Services Block Grant based on this statewide competitive NOFA process.

III. CSBG NOFA Qualifications.

Applicants responding to this NOFA must meet the qualifications of the NOFA. Eligible applicants include Community Services Block Grant eligible entities, private non-profit organizations with an existing status as a §501(c) tax-exempt entity as defined by the Internal Revenue Service, units of local government, and regional councils. Applicant organizations must be headquartered within the State of Texas.

IV. Contract Period.

The contract period will be April 1, 2009 through March 31, 2010.

V. Maximum Amount of Request.

The maximum amount that can be requested is $125,000 per application. No more than one application per organization will be accepted.

VI. Application Deadline and Availability.

The 2009 CSBG Discretionary Funds NOFA will be posted on the Department's website: http://www.tdhca.state.tx.us/cs.htm#CSBG and organizations on the Department's list serve will receive an e-mail notification that the NOFA is available on the Department's web-site as well as current CSBG and Emergency Shelter Grants Program subrecipients.

Deadline for Receipt: Tuesday, January 20, 2009 by 5:00 p.m. CST

Mailing Address: Ms. Amy M. Oehler, Director

Community Affairs Division

Texas Department of Housing and Community Affairs

Post Office Box 13941

Austin, Texas 78711-3941

(All U.S. Postal Service including Express)

Courier Delivery: 221 East 11th Street, 1st Floor

Austin, Texas 78701

(FedEx, UPS, Overnight, etc.)

Hand Delivery: If you are hand delivering the application, contact J. Al Almaguer at (512) 475-3908 (Al.Almaguer@tdhca.state.tx.us ) or Rita Gonzales-Garza at (512) 475-3905 (Rita.Garza@tdhca.state.tx.us) when you arrive at the lobby of our building for application acceptance.

Questions. Questions pertaining to the content of the 2009 CSBG Discretionary Funds NOFA may only be directed to Rita Gonzales-Garza at (512) 475-3905 (Rita.Garza@tdhca.state.tx.us) and J. Al Almaguer at (512) 475-3908 (Al.Almaguer@tdhca.state.tx.us).

TRD-200806629

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 19, 2008

HOME Investment Partnerships Program 2008 Single Family Owner-Occupied Housing Assistance, Tenant-Based Rental Assistance, and Homebuyer Assistance Programs Notice of Funding Availability (NOFA)

(1) Summary.

(a) The Texas Department of Housing and Community Affairs ("the Department") announces the availability of $27,034,118 in funding from the HOME Investment Partnerships Program (HOME) funds for single family housing programs including owner-occupied housing assistance, homebuyer assistance, and tenant-based rental assistance to assist low income Texans.

(b) The availability and use of these funds is subject to the Department's HOME Program Rule at Title 10 Texas Administrative Code (10 TAC) Chapter 53 in effect at the time the application is submitted, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code. Other federal regulations may also apply such as, but not limited to, 24 CFR Parts 50 and 58 for environmental requirements, 24 CFR §85.36 and §84.42 for conflict of interest and 24 CFR Part 5, Subpart A for fair housing. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program.

(2) Allocation of Funds.

(a) These funds are made available through the Department's 2008 annual HOME allocation from the U.S. Department of Housing and Urban Development (HUD) and may also include uncommitted, deobligated and program income HOME funds. The funds are set-aside for eligible applicants proposing to provide assistance to eligible homeowners in need of rehabilitation or reconstruction of their primary residence, homebuyers for the acquisition including downpayment and closing costs toward the purchase of a home, and households seeking tenant-based rental assistance. Households assisted with HOME funds must be at or below 80% of the Area Median Family Income (AMFI), as defined by HUD.

(b) In accordance with Texas Government Code §2306.111, housing funds awarded in the HOME Program must be allocated utilizing the Regional Allocation Formula (RAF) developed by the Department. Funds are allocated for each Program Activity to each Uniform State Service Region and rural and urban area types.

(c) In accordance with 10 TAC §53.48(a) this NOFA will be an open application cycle. Funds will be available on a first-come first-served basis for HOME Program Activities specified in this NOFA. Applications submitted prior to 5:00 p.m. October 15, 2008, were subject to the Regional Allocation Formula.

(d) Any funds not requested in an application received by 5:00 p.m. October 15, 2008 have collapsed and made available statewide (excluding PJs) in any Uniform State Service Region. Funds will remain set-aside within each HOME Program Activity. Applications will be accepted by the Department on an on-going basis until the earlier of the request of all funds or 5:00 p.m. Thursday, January 15, 2009, regardless of method of delivery.

(e) On Friday, January 16, 2009 any funds not requested under the statewide, Program Activity specific open cycle, will be made available in any Uniform State Service Region (excluding PJs) for any eligible HOME Program Activity specified in this NOFA. Applications will be accepted by the Department on an on-going basis until the earlier of the award of all funds or 5:00 p.m. Thursday, April 30, 2009, regardless of method of delivery.

(3) Limitation on Funds.

(a) Funds will not be eligible for use in a Participating Jurisdiction (PJ). Any HOME funds available for serving households in a PJ will only be made available under a separate NOFA for Persons with Disabilities as described in the 2008 State of Texas Consolidated Plan One-Year Action Plan.

(b) The Department awards HOME funds to eligible entities and the maximum award amount may not exceed $390,000, including administrative costs, for Owner-Occupied Housing Assistance, $312,000, including administrative costs, for Homebuyer Assistance, and $336,000, including administrative costs, for Tenant-Based Rental Assistance. Up to $520,000, including administrative costs may be awarded to Homebuyer Assistance applicants whose Service Area includes multiple counties within a Uniform State Service Region. An Applicant may submit an Application to apply for additional funding as long as the Applicant is 100% committed on their current contract for the same activity funded under this NOFA.

(c) With the exception of Tenant-Based Rental Assistance, the minimum HOME assistance amount per unit may not be less than $1,000 per HOME assisted unit. The per-unit subsidy may not exceed the per-unit dollar limits established by the U.S. Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act, which are applicable to the area in which the housing is located, and as published by HUD. The purchase price of the housing unit, plus the value of the rehabilitation or reconstruction if applicable, must not exceed 95% of the area's median purchase price as specified in the HUD §203(b) Limits.

(d) Each applicant that is awarded HOME funds may also be eligible to receive funding for administrative costs. The award amount for administrative costs shall not exceed the amount allowed per 10 TAC §53.85. Administrator must use funds for Administrative costs in accordance with 24 CFR §92.207. For the OCC and HBA Program Activities, funds for Administrative Costs cannot exceed 4% of the total project costs for the entire contract term. For the TBRA Program Activity, funds for Administrative Costs cannot exceed 4% of the total project funds per year of the Contract term.

(e) In accordance with §53.72, before the effective date of the HOME Contract, the Contract Administrator may incur and be reimbursed for travel costs, as provided for with Administrative funds, related to mandatory implementation training required by the Department as a condition of receiving a HOME award and Contract.

(4) Eligible and Prohibited Activities.

(a) Eligible activities include those permissible under the federal HOME Final Rule at 24 CFR §92.205 and the Department's HOME Program Rule at 10 TAC §53.31 for OCC, §53.32 for HBA, and §53.33 for TBRA.

(b) Prohibited activities include those at 24 CFR §92.214 and 10 TAC §53.37.

(5) Eligible and Ineligible Applicants.

(a) Eligible Applicants are Units of General Local Government, Nonprofit Organizations, Public Housing Authorities (PHAs), and for-profit entities.

(b) Applicants may be ineligible for funding if they meet any of the criteria listed in 10 TAC §53.42 of the Department's HOME Program Rule. Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.

(6) Matching Funds.

Applicants will be required to submit documentation on all financial resources to be used in the development that may be considered match to the Department's federal HOME requirements. Applicants must provide firm commitments as defined in accordance with the Federal HOME rules at 24 CFR §92.218 and the Department's Match Guide and will be provided with the appropriate forms and instructions on how to report eligible match.

(7) Affordability Requirements.

(a) Applicants should be aware that there are minimum affordability periods necessary for HOME-assisted housing. The unit assisted must be the primary residence of the homebuyer. Single family housing units assisted with HOME funds must comply with the required affordability requirements as defined at 24 CFR §92.254. Awarded entities will provide the HOME assistance to the homebuyer in the form of a loan. Each loan will be in the form of a zero percent (0%) interest, deferred forgivable loan with a term based on the total amount of assistance provided and in accordance with 24 CFR §92.254. All loans to assisted homebuyers must be evidenced by loan documents provided by the Department. Each loan to an assisted homebuyer and homeowners must be payable to Department. Each loan for reconstruction or rehabilitation shall be evidenced by a construction loan agreement, note, deed of trust, mechanic's lien note, and mechanic's lien contract secured by the property and must be fully executed before any construction activities commence.

(b) If at any time prior to the full loan period there occurs a resale of the property, a refinance of any superior lien, a repayment of any superior lien, or if the unit ceases to be the assisted Household's principal residence, the remaining loan balance shall become due and payable.

(c) Forgiveness of the loan balance is calculated based on a pro-rata annual share of the loan term. The anniversary date of the loan shall constitute completion of the year. Any partial year shall not be waived. The amount due will be based on the pro-rata share number of years of the remaining loan term.

(d) In the event the home is sold (voluntary or involuntary); the assisted Household will pay the loan balance from the shared net proceeds of the sale. The shared net proceeds are the sales price minus superior loan repayment (other than HOME funds) and any closing costs. A copy of the HUD closing statement must be provided.

(8) Site and Construction Restrictions.

(a) Pursuant to 24 CFR §92.251, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, HOME-assisted new construction or rehabilitation must meet, as applicable, the International Residential Code, Texas Minimum Construction Standards (TMCS) and be in compliance with the basic access standards in new construction, established by §2306.514, Texas Government Code. In addition, housing that is rehabilitated with funds awarded under this NOFA must meet all applicable energy efficiency standards established by §2306.187 of the Texas Government Code, and energy standards as verified by RESCHECK, in accordance with the Final Rule.

(b) At the completion of the assistance, all properties must meet the International Residential Code and local building codes. If a home is reconstructed, the applicant must also ensure compliance with the universal design features in new construction, established by §2306.514 of the Texas Government Code, required for any applicant utilizing federal or state funds administered by TDHCA in the construction of single family homes.

(c) All other HOME-assisted housing (e.g., acquisition) must meet all applicable State and local housing quality standards and code requirements and if there are no such standards or code requirements, the housing must meet the housing quality standards in 24 CFR §982.401. When HOME funds are used for a rehabilitation development the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).

(d) Rental units secured though HOME assistance must be inspected prior to occupancy and must comply with Housing Quality Standards (HQS) established by HUD in 24 CFR Part 92.

(9) Owner-Occupied Housing Assistance (OCC).

(a) A total of $20,123,882 in funding released under this NOFA may be used to administer an Owner-Occupied Housing Assistance Program to provide eligible households with loans for the rehabilitation or reconstruction of existing owner-occupied housing and earning 80% or less of the Area Median Family Income (AMFI) as defined by HUD. As defined in 10 TAC §53.31(d)(1), the home must be the principal residence of the homeowner.

(b) In accordance with 10 TAC §53.47(a)(1), the maximum award amount for OCC shall not exceed $390,000, including administrative costs, per Application. In accordance with §53.85 up to 4% of the total project costs may be requested for administrative costs.

(c) Owner-Occupied Housing Assistance to a household is provided in the form of a loan and in accordance with 10 TAC §53.31(g), the maximum amount of assistance is the total of construction costs and soft costs provided to an eligible household. The total construction costs are limited to:

(i) Rehabilitation that is Reconstruction: The lesser of $73.00 per square foot or $80,000, if the Reconstruction includes actual costs for an aerobic septic system and/or demolition. If the Reconstruction includes costs for an aerobic septic system and/or demolition, the total construction costs cannot exceed $73.00 per square foot exclusive of the aerobic septic system and demolition costs; and

(ii) Rehabilitation that is not Reconstruction: $30,000.

(d) In accordance with 10 TAC §53.73(a)(1), the contract term for OCC Program Activity shall not exceed twenty-four (24) months and performance under the contract will be evaluated according to the following benchmarks:

(i) Six (6) months, exempt administrative and broad review environmental clearance must be complete, and if not tiering, the first Household to be assisted must be environmentally cleared;

(ii) Eight (8) months, Authority to Use Grant Funds must be fully executed and all Households to be assisted must be environmentally cleared;

(iii) Twelve (12) months, 100% of funds must be committed to Households to be assisted;

(iv) Eighteen (18) months, 100% of Household's Loans must be closed, if applicable;

(v) Twenty-two (22) months, 100% of construction must be complete for all Households to be assisted; and

(vi) Twenty-four (24) months, 100% funds drawn and 100% of match requirement supplied.

(10) A minimum threshold score of 25 is required in order to be considered for funding. The following threshold criteria listed in the subsection are mandatory requirements at the time of application submission unless specifically indicated otherwise and will be included in the written agreement, if awarded funds:

(a) Affordable Housing Needs Score: Points range from zero to seven as published by the Department. Maximum 7 points.

(b) Match: Per 24 CFR §92.218, the Department will recognize eligible forms of matching contributions made from nonfederal resources. The following table will be used to determine match requirement and associated points:

OCC Housing Program Required Community Match Contributions (.pdf)

(c) Income Targeting: In order to meet its annual goal of assisting very low to extremely low income families, the Department incentivizes application points for income targeting of households assisted. The following table will be used to determine income targeting requirements and associated points. Maximum 20 points.

(d) In accordance with the Housing Assistance Rider of the Department's Legislative Appropriation, in order to meet the 30% and below AMFI goal, Applicants, if awarded, may use the state average median family income to determine income eligibility for eligible households living in those counties where the area median family income is lower than the state average median family income.

Point Incentives for Income Targeting (.pdf)

(e) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least $120,000 to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are reimbursed by program funds. Evidence of this commitment and the amount of the commitment must be included in the Applicant's resolution and budget.

(f) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment and amount of cash reserves for use during the contract period, source of funds for match obligation and match dollar amount, naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services. The resolution must be signed and dated within the six (6) months preceding the application submission date.

(g) Description of Demand: All applicants must submit a narrative that describes in detail the demand evidenced for the proposed number of units to be assisted in the proposed service area. Source data, calculations, assumptions, and pictures of housing stock must be included.

(11) Homebuyer Assistance (HBA).

(a) Approximately $3,455,118 of HOME Funds released under this NOFA shall be used to administer a Homebuyer Assistance Program, providing downpayment and closing cost assistance (including soft costs) to eligible first time homebuyers for the acquisition of affordable single family housing.

(b) In accordance with 10 TAC §53.47(a)(1), the maximum award amount for HBA shall not exceed $312,000, including administrative costs, per Application; however, up to $520,000, including administrative costs, may be awarded to HBA Applicants whose Service Area includes multiple counties within a Uniform State Service Region. In accordance with 10 TAC §53.85(a)(1), for the HBA Program Activities, funds for Administrative costs cannot exceed 4% of the total project costs for the entire Contract term.

(c) In accordance with §53.32(e), the maximum amount of assistance is the total of the downpayment and closing cost assistance and soft costs provided to an eligible household. The total amount of downpayment and closing cost assistance is limited to $20,000.

(d) In accordance with §53.32(m), the following first lien purchase loan requirements are imposed for households receiving Homebuyer Assistance:

(i) No adjustable rate mortgage loans (ARMs) or interest rate buy-down loans are allowed;

(ii) No mortgages with a loan to value equal to or greater than 100% are allowed;

(iii) No Subprime Mortgage Loans are allowed;

(iv) An origination fee and any other fees associated with the mortgage loan may not exceed 2% of the loan amount; and

(v) The debt to income ratio (back-end ratio) may not exceed 45%.

(e) HBA assistance will be in the form of a 0% interest 5 or 10 year deferred forgivable loan contingent upon the total amount of assistance, creating a 2nd or 3rd lien with a term based on the federal affordability requirements as defined in 24 CFR §92.254.

(f) In accordance with 10 TAC §53.73(a)(2), the contract term for the HBA Program Activity shall not exceed twenty-four (24) months and performance under the contract will be evaluated according to the following benchmarks:

(i) Six (6) months, exempt administrative and environmental clearance must be complete for at least one Household to be assisted;

(ii) Twelve (12) months, environmental clearance must be complete for at least 50% of the Households to be assisted, 50% of funds must be committed, 25% of funds drawn, and 25% of match supplied;

(iii) Eighteen (18) months, environmental clearance must be complete for at least 75% of the Households to be assisted, 75% of funds must be committed, 50% of funds drawn, and 50% of match requirement supplied; and

(iv) Twenty-four (24) months, 100% of funds must be committed, 100% of funds drawn, and 100% of matched supplied.

(g) A minimum threshold score of 15 is required in order to be considered for funding. The following threshold criteria listed in the subsection are mandatory requirements at the time of application submission unless specifically indicated otherwise and will be included in the written agreement, if awarded funds:

(i) Affordable Housing Needs Score: Points range from zero to seven, as published by the Department. Maximum 7 points.

(ii) Match: the following table will be used to determine match requirement and associated points:

HBA Program Required Community Match Contribution (.pdf)

(iii) Income Targeting: In order to meet its annual goal of assisting very low to extremely low income families, the Department incentivizes application points for income targeting of households assisted The following table will be used to determine income targeting requirements and associated points. Maximum 20 points.

Point Incentives for Income Targeting (.pdf)

(iv) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least $60,000 to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are paid by program funds. Evidence of this commitment and the amount must be included in the Applicant's resolution and budget.

(v) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment and the amount of cash reserves for use during the contract period, source of funds for match obligation and match dollar amount, naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services. The resolution must be signed and dated within the six (6) months preceding the application deadline date.

(vi) Description of Demand: It will be a threshold requirement to submit a narrative that describes in detail the demand evidenced for the proposed number of units to be assisted in the proposed service area. Source data, calculations and assumptions must be included.

(vii) Homebuyer Counseling: It will be a threshold requirement for each applicant to submit the level of homebuyer counseling that will be provided. A minimum of eight (8) hours of homebuyer counseling must be provided. Evidence must include documentation describing the level of homebuyer counseling proposed, including post purchase counseling. Applicant must state who will provide the homebuyer counseling. A copy of the curriculum and a copy of the proposed written agreement for service provider (if the applicant is not providing the service) must also be provided.

(12) Tenant-Based Rental Assistance (TBRA).

(a) Approximately $3,455,118 of HOME funds released under this NOFA shall be used to administer a Tenant-Based Rental Assistance Program to provide eligible households rental subsidies, including security and utility deposits to tenants earning 80% or less of the Area Median Family Income (AMFI) as defined by HUD. In accordance with 24 CFR §92.216, not less than 90% of the households assisted with respect to TBRA or rental units, must have incomes at or below 60% of the AMFI, as defined by HUD.

(b) In accordance with 10 TAC §53.47(a)(1) the maximum award amount for TBRA shall not exceed $336,000, including administrative costs, per Application. In accordance with §53.85(a)(1), for the TBRA program activity, funds for administrative costs cannot exceed 4% of the total project funds per year of the Contract term. In accordance with 10 TAC §53.73(a)(3) the contract term for TBRA shall not exceed thirty-six (36) months, however, individual household assistance is limited to twenty-four (24) months.

(c) Through the TBRA program, rental subsidy and security and utility deposit assistance is provided to tenants as a grant, in accordance with written tenant selection policies, for a period not to exceed twenty-four (24) months, which shall include among its objectives the securing of a permanent source of affordable housing on or before the expiration of the rental subsidy. Security deposits and utility deposits may be provided in conjunction with rental assistance. A security deposit cannot exceed two (2) months rent for the unit.

(d) As per 10 TAC §53.33, the Household must comply with the following initial eligibility requirements: participate in an approved self-sufficiency program; maintain principal residency in the rental unit for which the subsidy is being provided; be an income eligible household; reside in a rental unit that is located within the Administrator's Service Area; and meet all other eligibility requirements.

(e) As defined in 10 TAC §53.33(d) the rental standard must not exceed HUD's "Fair Market Rent for the Housing Choice Voucher Program." Rental units must be inspected prior to occupancy and must comply with Housing Quality Standards established by HUD.

(f) In accordance with 10 TAC §53.73(a)(3), the contract term for the TBRA Program shall not exceed thirty-six (36) months and performance under the contract will be evaluated according to the following benchmarks:

(i) Six (6) months, exempt administrative environmental clearance must be complete and application intake complete for 30% for Households to be assisted;

(ii) Nine (9) months, application intake complete for 75% for Households to be assisted;

(iii) Twelve (12) months, 100% of funds must be committed to Households to be assisted and 25% of funds drawn;

(iv) Eighteen (18) months, 100% of funds already committed and 35% of funds drawn;

(v) Twenty-four (24) months, 100% of funds already committed and 50% of funds drawn; and

(vi) Thirty-six (36) months, 100% of funds already committed and 100% of funds drawn.

(i) Affordable Housing Needs Score: Points range from zero to seven, as published by the Department. Maximum 7 points.

(ii) Income Targeting - Maximum 20 points: In order to meet its annual goal of assisting very low to extremely low income families, the Department incentivizes application points for income targeting of households assisted. The following table will be used to determine income targeting requirements and associated points.

Point Incentives for Income Targeting (.pdf)

(iii) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least one (1) month of rent for the number of households proposed to serve as stated in the application to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are reimbursed by program funds. Evidence of this commitment and the amount must be included in the Applicant's resolution and budget.

(iv) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment and amount of cash reserves for use during the contract period, source of funds for match obligation and match dollar amount, naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services. The resolution must be signed and dated within the six (6) months preceding the application deadline date.

(v) Description of Demand: It will be a threshold requirement to submit a narrative that describes in detail the demand evidenced for the proposed number of units to be assisted in the proposed service area. Source data, calculations and assumptions must be included.

(vi) TBRA Self Sufficiency Program: It will be a threshold requirement for each Applicant to submit a proposed detailed Self Sufficiency Plan and must describe the process for the transition of households to permanent housing by the end of the 24-month rental assistance contract term.

(1) The documentation must describe the necessary components for the overall plan proposed for transition of potential tenants. This plan, like a case management plan, should detail the need of the tenant, how these needs will be addressed including any agreements with service providers who shall assist the tenant at meeting these needs, and a proposed timeframe for completing those activities. The plan must include:

(a) A sample household budget which will utilize existing sources of income such as employment, disability payments and other types of support that details how the assisted household will afford to be self-sufficient by the end of the 24-month rental assistance.

(b) If additional income is required to attain self-sufficiency, a plan for attaining the required education or training, or a job search plan must be included.

(c) Specific housing goals that will be completed on or before the end of the 24-month assistance period include: finding permanently subsidized housing, affordable market housing or other permanent housing solutions. The plan should include the required steps such as completing an application, approximate waiting time to get into the type of housing desired and the cost of the housing to the tenant.

(13) Review Process.

(a) Pursuant to 10 TAC §53.48(a), each application will be handled on a first-come, first-served basis as further described in this section. Each application will be assigned a "received date" based on the date and time it is physically received by the Division. Then each application will be reviewed on its own merits as applicable. Applications will continue to be prioritized for funding based on their "received date". Applications will be reviewed for applicant and activity eligibility, and threshold criteria as described in this NOFA.

(i) The Department will ensure review of materials required under the NOFA and Application Submission Procedures Manual (ASPM) and will issue a notice of any Administrative Deficiencies within forty-five (45) days of the received date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase will be reviewed for recommendation to the Board by the Committee.

(ii) Because Applications are processed in the order they are received by the Department, it is possible that the Department will expend all available HOME funds before an Application has been completely reviewed. If on the date an Application is received by the Department, no funds are available under this NOFA, the Applicant will be notified that no funds exist under the NOFA and the Application will not be processed.

(b) Pursuant to 10 TAC §53.42 if a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department, will be terminated without being processed as an Administrative Deficiency.

(c) The Department may decline to consider any Application if the proposed activities do not, in the Department's sole determination, represent a prudent use of the Department's funds. The Department is not obligated to proceed with any action pertaining to any Applications that are received, and may decide it is in the Department's best interest to refrain from pursuing any selection process. The Department reserves the right to negotiate individual elements of any Application

(d) All Applicants will be processed through the Department's Application Evaluation System, and will include a previous award and past performance evaluation. Poor past performance may disqualify an Applicant for a funding recommendation or the recommendation may include conditions.

(e) Funding recommendations of eligible Applicants will be presented to the Department's Governing Board of Directors based on eligibility and limited by the total amount of funds available under this NOFA and the maximum award amount.

(f) In accordance with §2306.082, Texas Government Code and 10 TAC §53.6, it is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC §1.17

(g) An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.

(14) Application Submission.

(a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on Thursday, April 30, 2009, regardless of method of delivery.

(b) The Department will accept applications from 8:00 a.m. to 5:00 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. Question regarding this NOFA should be addressed to:

HOME Division

221 E. 11th Street

Austin, Texas 78701

Telephone: (512) 463-8921

E-mail: HOME@tdhca.state.tx.us

(c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.

(d) Applicants must submit one complete printed copy of all Application materials and one complete scanned copy on a disc of the Application materials as detailed in the Application Submission Procedures Manual (ASPM). All scanned copies must be scanned in accordance with the guidance provided in the ASPM.

(e) All Application materials including manuals, NOFA, program guidelines, and all applicable HOME rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the HOME Rule and threshold requirements in effect at the time of the Application submission. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.

(f) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. Per §2306.147(b), Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee. The Application fee is not an allowable or reimbursable cost under the HOME Program.

(g) This NOFA does not include text of the various applicable regulatory provisions that may be important to the HOME Program. For proper completion of the application, the Department strongly encourages potential applicants to review the State and Federal regulations, and contact the HOME Division for guidance and assistance.

(h) Application Workshop: the Department conducted application workshops in locations throughout the State which provided an overview of the HOME Program Activities eligible under this NOFA and also provided Application preparation and submission requirements, evaluation criteria, and state and federal program information.

(i) Audit Requirements: An applicant is not eligible to apply for funds or any other assistance from the Department unless a past audit or Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b) relating to Delinquent Audits and Related Issues. This is a threshold requirement outlined in the application, therefore applications that have outstanding past audits will be disqualified. Staff will not recommend applications for funding to the Department's Governing Board unless all unresolved audit findings, questions or disallowed costs are resolved per 10 TAC §1.3(c) relating to Delinquent Audits and Related Issues.

(j) Applications must be sent via overnight delivery to:

HOME Division

Texas Department of Housing and Community Affairs

221 East 11th Street

Austin, Texas 78701-2410

or via the U.S. Postal Service to:

HOME Division

Texas Department of Housing and Community Affairs

Post Office Box 13941

Austin, Texas 78711-3941

NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular HOME Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.

TRD-200806611

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 19, 2008

HOME Investment Partnerships Program Community Housing Development Organization (CHDO) Rental Housing Development Program Notice of Funding Availability (NOFA)

1) Summary

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of approximately $6,337,106 in funding from the HOME Investment Partnerships Program for Community Housing Development Organizations (CHDO) to develop affordable rental housing for low-income Texans. The availability and use of these funds is subject to the Department's HOME Program Rule at Title 10 Texas Administrative Code (10 TAC) Chapter 53 in effect at the time the application is submitted, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code. Other federal regulations may also apply such as, but not limited to, 24 CFR Parts 50 and 58 for environmental requirements, Davis-Bacon Act for labor standards, 24 CFR §85.36 and §84.42 for conflict of interest and 24 CFR Part 5, Subpart A for fair housing. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program.

2) Allocation of HOME Funds

a) These funds are made available through the Department's allocation of HOME funds from the U.S. Department of Housing and Urban Development (HUD). The funds are set-aside for eligible CHDO and rental housing development proposals which involve new construction, rehabilitation, acquisition and rehabilitation of affordable housing development activities. All funds released under this NOFA are to be used for the creation of affordable rental housing for low-income Texans earning 80% or less of the Area Median Family Income (AMFI).

b) In accordance with 10 TAC §53.48, this NOFA will be conducted as an open application cycle and funding will be available on a first-come, first-served basis. Applications submitted prior to 5:00 p.m. on August 25, 2008 were subject to the Regional Allocation Formula. Any funds not requested in an application received by 5:00 p.m. August 25, 2008, have collapsed into an open application cycle with funding available statewide and not subject to the RAF. Applicants are encouraged to review the application process cited above and described herein. Applications that do not meet minimum threshold and financial feasibility will not be considered for funding. Based on the availability of funds, applications for the statewide open application cycle will be accepted until 5:00 p.m. April 30, 2009.

c) The Department awards HOME funds, typically as a loan, to eligible recipients for the provision of housing for low, very low and extremely low-income individuals and families, pursuant to 10 TAC §53.41. Award amounts are limited to no more than $4,000,000 per development. The minimum HOME award may not be less than $1,000 per HOME assisted unit. The maximum award may not exceed 90% of the Total Development Costs ("TDC") unless a resolution of support and commitment for a financial contribution to the development is made by the local unit of government in which the proposed development resides or the proposed development is located in an area where the HUD Fair Market Rents are less than the Calculated HOME Rents (the Calculated HOME Rents in this section refers to the calculated rent for a household earning 65% of the area median income for High HOME or 50% of the area median income for Low HOME before considering the HUD determined Fair Market Rent. The final High and Low HOME Rents for underwriting, operations and compliance is always limited to the lesser of this calculated rent and the HUD determined Fair Market Rent) but will be limited follows:

Maximum HOME Award Based on Total Development Costs (.pdf)

d) The remaining percentage of total development cost must be in the form of permanent loans with a maturity of at least twenty (20) years, in-kind contributions or grants from third-party private or public entities. Developments with USDA or other government-sponsored loans that will remain as permanent financing may be used to satisfy this requirement from a public or private entity. Loans or grants from the Department will not satisfy this requirement. The per-unit subsidy may not exceed the per-unit dollar limits established by the United States Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act, which are applicable to the area in which the development is located, and as published by HUD. For rental housing developments, the Department's underwriting guidelines in 10 TAC §1.32 will be used which set as a feasibility criterion a 1.15 debt coverage ratio minimum. Where the anticipated debt coverage ratio in the year after completion exceeds 1.35 before considering the proposed HOME funds, a repayable loan, in whole or part will be recommended.

e) Each CHDO that is awarded HOME funds may also be eligible to receive a grant for CHDO Operating Expenses. Applicants will be required to submit organizational operating budgets, audits and other financial and non-financial materials detailed in the HOME application. The award amount for CHDO Operating Expenses shall not exceed $50,000. Awards for operating expenses will be drawn over a two-year period of time. The Department reserves the right to limit an Applicant to receive not more than one award of CHDO Operating Expenses during the same fiscal year and to further limit the award of CHDO Operating Expenses.

f) Developments involving rehabilitation must establish that the rehabilitation will substantially improve the condition of the housing and will involve at least $15,000 per unit in direct hard costs, unless the property is also being financed by the United States Department of Agriculture's Rural Development program. When HOME funds are used for a rehabilitation development the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).

g) When Department funds will have a first lien position and funds are used for new construction and/or rehabilitation, assurance of completion of the development in the form of payment and performance bonds in the full amount of the construction contract will be required. Such assurance of completion will run to the Department as obligee and must be documented prior to closing.

3) Eligible and Prohibited Activities

a) Eligible activities will include those permissible under the federal HOME Rule at 24 CFR §92.205, the State HOME Rules at 10 TAC §53.34 and §53.50, which involve only the acquisition, rehabilitation or construction of affordable developments.

b) Prohibited activities include those under federal HOME rules at 24 CFR §92.214 and 10 TAC §53.37.

c) Development funds will not be eligible for use in a Participating Jurisdiction (PJ). Any HOME funds available for serving households in a PJ will only be made available under a separate NOFA for Persons with Disabilities as described in the 2009 State of Texas Consolidated Plan One-Year Action Plan.

d) Refinancing of federally financed properties or use of HOME funds for properties constructed within five (5) years of the submission of an Application for assistance will not be permissible.

4) Eligible and Ineligible Applicants

a) The Department provides HOME CHDO funding to qualified nonprofit organizations eligible for CHDO certification. CHDO Certification will be awarded in accordance with the rules and procedures as set forth in the HOME rules at 10 TAC §53.50, Community Housing Development Organization (CHDO) Certification. A separate application process is required for CHDO Certification. Review and approval of the CHDO Certification occurs during the threshold review process, however Applicants will not receive a formal certification until the award of the HOME funds has been approved by the Department's Board. The CHDO Application package will be available with all other application materials on the Department's website. A new Application for CHDO certification must be submitted to the Department with each new Application for HOME Development funds under the CHDO set aside.

b) CHDO Applicants must be the Sponsor, Owner or Developer of the proposed Development. Applicants who apply through a Limited Partnership will be required to provide evidence, at the time of CHDO certification and commitment, that the CHDO Applicant is the Managing General Partner of the partnership and has effective control (decision making authority) over the development and management of the property, pursuant to 24 CFR §92.300.

c) Applicants may be ineligible for funding if they meet any of the criteria listed in §53.42 of the Department's HOME rule, and ineligibility with any requirements under 10 TAC §49.5(a) excluding paragraphs (5) - (8). Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.

5) Matching Funds

6) Rental Housing Development Affordability Requirements

a) Applicants should be aware that there are minimum affordability standards necessary for HOME assisted rental developments. Initial occupancy income restrictions require that at least 90% of the units are affordable to persons below 60% AMFI and that 20% of the units are affordable to person below 50% AMFI. Over the remaining affordability period, at least 20% of HOME assisted units should be affordable to persons earning 50% or less than the AMFI, all remaining units must be affordable to persons earning 80% or less than the AMFI.

b) Each development will have a two-tier affordability term.

i) The first tier will entail the federally required affordability term. For new construction or acquisition of new housing, this term is twenty (20) years. For rehabilitation or acquisition of existing housing, the term is five (5) years if the HOME investment is less than $15,000 per unit; ten (10) years if the HOME investment is $15,000 to $40,000 per unit; and fifteen (15) years if the HOME investment is greater than $40,000 per unit. This first tier is subject to all federal laws and regulations regarding HOME requirements, recapture, net proceeds and affordability.

ii) The second tier of affordability is the additional number of years required to bring the total term of affordability up to thirty (30) years or the term of the loan agreement. For example, the second tier of affordability on a 10-year federal affordability term is twenty (20) additional years. The second tier, or remaining term, is subject only to state regulations and affordability requirements.

c) Properties will be restricted under a Land Use Restriction Agreement ("LURA"), or other such instrument as determined by the Department for these terms. Among other restrictions, the LURA may require the owner of the property to continue to accept subsidies which may be offered by the federal government, prohibit the owner from exercising an option to prepay a federally insured loan, impose tenant income-based occupancy and rental restrictions, or impose any of these and other restrictions as deemed necessary at the sole discretion of the Department in order to preserve the property as affordable housing on a case-by-case basis.

7) Site and Development Restrictions

a) Pursuant to 24 CFR §92.251, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, HOME-assisted new construction or rehabilitation must meet, as applicable, one of three model codes: Uniform Building Code (ICBO), National Building Code (BOCA), Standard (Southern) Building Code (SBCCI); or the Council of American Building Officials (CABO) one or two family code; or the Minimum Property Standards (MPS) in 24 CFR §200.925 or §200.926. To avoid duplicative inspections when Federal Housing Administration (FHA) financing is involved in a HOME-assisted property, a participating jurisdiction may rely on a Minimum Property Standards (MPS) inspection performed by a qualified person. Newly constructed housing must meet the current edition of the Model Energy Code published by the Council of American Building Officials.

b) All other HOME-assisted housing (e.g., acquisition) must meet all applicable State and local housing quality standards and code requirements and if there are no such standards or code requirements, the housing must meet the housing quality standards in 24 CFR §982.401. When HOME funds are used for a rehabilitation development the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).

c) Housing must meet the accessibility requirements at 24 CFR Part 8, which implements §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and covered multifamily dwellings, as defined at 24 CFR §100.201, must also meet the design and construction requirements at 24 CFR §100.205, which implement the Fair Housing Act (42 U.S.C. §§3601-3619). Additionally, pursuant to the 2009 Qualified Allocation Plan (QAP), §49.9(h)(4)(H), Developments involving New Construction (excluding New Construction of nonresidential buildings) where some Units are two-stories and are normally exempt from Fair Housing accessibility requirements, a minimum of 20% of each Unit type (i.e. one bedroom, two bedroom, three bedroom) must provide an accessible entry level and all common-use facilities in compliance with the Fair Housing Guidelines, and include a minimum of one bedroom and one bathroom or powder room at the entry level. A certification will be required after the Development is completed from an inspector, architect, or accessibility specialist. Any Developments designed as single family structures must also satisfy the requirements of §2306.514, Texas Government Code.

d) All of the current Qualified Allocation Plan and Rules 10 TAC §49.6, excluding subsections (d), (f), (g) and (h) apply.

e) Developments involving new construction will be limited to 252 Units. These maximum Unit limitations also apply to those Developments which involve a combination of rehabilitation and new construction. Developments that consist solely of acquisition/rehabilitation or rehabilitation only may exceed the maximum Unit restrictions. The minimum number of units shall be 4 units, pursuant to 10 TAC §53.45(b).

8) Threshold Criteria

a) Housing units subsidized by HOME funds must be affordable to low, very-low or extremely low-income persons. Mixed Income rental developments may only receive funds for units that meet the HOME program affordability standards. All applications intended to serve persons with disabilities must adhere to the Department's Integrated Housing Rule at 10 TAC §1.15.

b) For funds being used for Rental Housing Developments, the Recipient must establish a reserve account consistent with §2306.186, Texas Government Code, and as further described in 10 TAC §1.37, pursuant to 10 TAC §53.45(c).

c) All applications will be required to meet Section 8 Housing Quality Standards detailed under 24 CFR §982.401, Texas Minimum Construction Standards, as well as the Fair Housing Accessibility Standards and §504 of the Rehabilitation Act of 1973. Developments must also meet all local building codes or standards that may apply. If the development is located within a jurisdiction that does not have building codes, developments must meet the most current International Building Code.

d) Pursuant to 10 TAC §53.8(a), Applicants for Rental Development activities will be required to provide written notification to each of the following persons or entities fourteen (14) days prior to the submission of any application package. Failure to provide written notifications fourteen (14) days prior to the submission of an application package at a minimum will cause an application to be terminated under competitive application cycles. Applicants must provide notifications to:

i) the executive officer and elected members of the governing board of the community where the development will be located. This includes municipal governing boards, city councils, and County governing boards;

ii) all neighborhood organizations whose defined boundaries include the location of the Development;

iii) executive officer and Board President of the school district that covers the location of the Development;

iv) residents of occupied housing units that may be rehabilitated, reconstructed or demolished; and

v) the State Representative and State Senator whose district covers the location of the Development.

vi) the notification letter must include, but not be limited to, the address of the development site, the number of units to be built or rehabilitated, the proposed rent and income levels to be served, and all other details required of the NOFA and Application Manual.

e) The following Threshold Criteria listed in this subsection are mandatory requirements at the time of Application submission unless specifically indicated otherwise:

i) To encourage the inclusion of families and individuals with the highest need for affordable housing, applicants for rental housing development must target a minimum of 5% of the total units for individuals or families earning 30% or less of area median family income for the development site. Additionally, 20% of the total units proposed must be HOME units. Developments with existing and continuing USDA 515 program loans and rental assistance or project-based Section 8 are exempt from this minimum target requirement.

ii) All units targeting Extremely Low Income households at 30% of area median income and 30% of area median income must also restrict rents at comparable levels using the Housing Tax Credit program rents calculated annually by the Department and available on the Department's website (www.tdhca.state.tx.us). These additional restrictions will limit the tenant paid portion of the rent and any applicable utility allowance.

iii) If the Applicant elects to restrict 10% of all units for households at or below 30% of AMFI and at least 50% of all units for households at or below 50% of AMFI, and those units are not designated to serve very or extremely low-income households through another subsidy source with the exception of developments with existing and continuing USDA 515 program loans and rental assistance or project-based Section 8, the Department may allow a forgivable loan only for those extremely and/or very low-income units. Developments layered with Housing Tax Credits are not eligible for this optional election unless the funds are deducted from eligible basis. Applications must still meet the requirements of the Real Estate Analysis (REA) Rules and Guidelines in 10 TAC §1.32.

iv) Staff will not recommend to the Department's Governing Board any contingent payment loans except for applications with first lien debt that is insured by HUD or the Federal Housing Administration (FHA) or for applications with other lenders with which the Department has a Memorandum of Agreement permitting such contingent payment debt structures. All contingent payment loans must also meet the minimum debt coverage ratio requirements in the Real Estate Analysis Rules and Guidelines described in 10 TAC §1.32.

v) To encourage the involvement of other public agencies and private entities in affordable housing, applicants must provide a minimum percentage of the total development costs in loans, in-kind contributions, or grants from third-party public or private entities as identified in §2(c) of this NOFA.

vi) All of the Qualified Allocation Plan and Rules in effect at the time of application submission at 10 TAC §49.9(h), excluding paragraph (4)(J), (11), (12), (14)(G) and (15).

vii) An applicant is not eligible to apply for funds or any other assistance from the Department unless audits are current at the time of application or the Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b).

9) Review Process

a) Pursuant to 10 TAC §53.48, each application will be handled on a first-come, first-served basis as further described in this section. Each application will be assigned a Received Date based on the date and time it is physically received by the Division. Then each application will be reviewed on its own merits in three review phases, as applicable. Applications will continue to be prioritized for funding based on their Received Date unless they do not proceed into the next phase(s) of review. Applications proceeding in a timely fashion through a phase will take priority over applications that may have an earlier Received Date but that did not timely complete a phase of review. Applications will be reviewed for Applicant and Activity Eligibility, Threshold Criteria, and Financial Feasibility as described in this NOFA.

i) Phase One will begin as of the Received Date and will include a review of eligibility and threshold criteria and all Application requirements. The Department will ensure review of materials required under the NOFA and ASPM and will issue a notice of any Administrative Deficiencies for threshold criteria and eligibility within forty-five (45) days of the Received Date. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into Phase Two, if applicable. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds.

ii) Phase Two will include a comprehensive review for financial feasibility. Financial feasibility reviews will be conducted by the Real Estate Analysis (REA) Division consistent with 10 TAC §1.32. REA will create an underwriting report identifying staff's recommended Loan terms, the Loan or Grant amount and any conditions to be placed on the Development. The Department will issue a notice of any Administrative Deficiencies within forty-five (45) days of the date the Application enters Phase Two. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into Phase Three, if applicable. Applications with Administrative Deficiencies not satisfied within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase and do not require additional review in Phase Three will be considered for placement on the next available Board meeting agenda.

iii) Phase Three will only entail the review of the CHDO Certification Application. The Department will ensure review of these materials and issue notice of any Administrative Deficiencies on the CHDO Certification Application within thirty (30) days of the Application enters Phase Three. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into the final review phase of the Application process. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Only upon satisfaction of all Administrative Deficiencies will the Application be forwarded to the final phase of the Application process. Upon completion of the applicable final review phase, the Application will be considered for placement on the next available Board meeting agenda.

iv) Because Applications are processed in the order they are received by the Department, it is possible that the Department will expend all available HOME funds before an Application has completed all phases of its review. In the case that all HOME funds are committed before an Application has completed all phases of the review process, the Department will notify the applicant that their application will remain active for ninety (90) days in its current phase. If new HOME funds become available, Applications will continue onward with their review without losing their Received Date priority. If HOME funds do not become available within ninety (90) days of the notification, the Applicant will be notified that their Application is no longer under consideration. The Applicant must reapply to be considered for future funding. If on the date an Application is received by the Department, no funds are available under this NOFA, the Applicant will be notified that no funds exist under the NOFA and the Application will not be processed.

b) Pursuant to 10 TAC §53.42 if a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department, will be terminated with notice and rights to appeal but without being processed as an Administrative Deficiency. To the extent that a review was unable to be performed, specific reasons for the Department's determination of ineligibility will be included in the termination letter to the Applicant.

c) A site visit will be conducted as part of the HOME Program development feasibility review. Applicants must receive recommendation for approval from the Department to be considered for HOME funding by the Board.

d) The Department may decline to consider any Application if the proposed activities do not, in the Department's sole determination, represent a prudent use of the Department's funds. The Department is not obligated to proceed with any action pertaining to any Applications which are received, and may decide it is in the Department's best interest to refrain from pursuing any selection process. The Department strives, through its loan terms, to securitize its funding while ensuring the financial feasibility of a Development. The Department reserves the right to negotiate individual elements of any Application.

e) In accordance with §2306.082 Texas Government Code and 10 TAC §53.6, it is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 Texas Administrative Code §1.17.

f) An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.

10) Application Submission

a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on April 30, 2009. The Department will accept applications from 8:00 a.m. to 5:00 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. For questions regarding this NOFA please contact Cameron Dorsey at (512) 475-2669 or via e-mail at cameron.dorsey@tdhca.state.tx.us.

b) If an Application is submitted to the Department that requests funds from two separate housing finance programs, the Application will be handled in accordance with the guidelines for each housing program. The Applicant is responsible for adhering to the deadlines and requirements of both programs.

c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.

d) Applicants must submit the Application materials as detailed in the Final ASPM in effect at the time the application is submitted. All scanned copies must be scanned in accordance with the guidance provided in the Final ASPM in effect at the time the application is submitted.

e) The application consists of several parts as further described in the Final ASPM. A complete application for each proposed development must be submitted in an electronic PDF format on a recordable compact disc (CD-R). Incomplete applications or improperly compiled applications will not be accepted. Applicants must submit the application materials as detailed in the Final ASPM in effect at the time the application is submitted.

f) Third party reports - If all applicable third party reports are not received at the time of application submission, the Application will be terminated.

g) If a development has an existing Housing Tax Credit allocation or HOME contract with the Department and construction on the development has not begun, an abbreviated application for a HOME award or for an increase in the existing HOME award can be submitted under this NOFA. If additional funds are sought, such an application may also request that the terms for the additional HOME funds also apply for the funds in existing HOME Contract. The entire amount of HOME funds received from the Department may not exceed the maximum award per development as reflected in this NOFA. An application qualifying for the abbreviated application process may be considered by staff to have already met the threshold requirements in Section (8)(e)(vi) of this NOFA without additional review unless staff determines additional documentation is required in accordance with paragraph (h) below.

h) The requirements of the abbreviated application will be reflected in the Application Submission Procedures Manuel (ASPM). In addition to the application requirements in the ASPM, staff may use discretion to determine if additional information that is typically required in the full application (including third party reports) is necessary or prudent in order to review for compliance with state or federal rules or due to changes in the market since last reviewed by the Department. Full application and an amendment may be required for any application that includes changes to the previous Board approved application beyond those that are directly related to the development costs, financing structure or additional HOME program related requirements or that affect an existing allocation of Housing Tax Credits.

i) All Application materials including manuals, NOFA, program guidelines, and all applicable HOME rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the HOME Rule and threshold requirements in effect at the time of the Application submission. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.

j) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $500.00 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. §2306.147(b) of the Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee. An Application fee is not required for applications submitted pursuant to Paragraph (g) above and that have an existing HOME Contract with the Department. The Application fee is not a reimbursable cost under the HOME Program.

k) Applications must be sent via overnight delivery to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

221 East 11th Street

Austin, Texas 78701-2410

or via the U.S. Postal Service to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

Post Office Box 13941

Austin, Texas 78711-3941

NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular HOME CHDO Rental Housing Development Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.

TRD-200806610

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 19, 2008

HOME Investment Partnerships Program Rental Housing Development Program Notice of Funding Availability (NOFA)

1) Summary

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of approximately $19,486,052 in funding from the HOME Investment Partnerships Program for the development of affordable rental housing for low-income Texans. The availability and use of these funds is subject to the State HOME Rules at Title 10 Texas Administrative Code (TAC) Chapter 53 ("HOME Rules") in effect at the time application is submitted, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code. Other Federal regulations may also apply such as, but not limited to, 24 CFR Parts 50 and 58 for environmental requirements, Davis-Bacon Act for labor standards, 24 CFR §85.36 and §84.42 for conflict of interest and 24 CFR Part 5, Subpart A for fair housing. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program.

2) Allocation of HOME Funds

a) These funds are made available through the Department's allocation of HOME funds from the U.S. Department of Housing and Urban Development (HUD). These HOME funds have been set-aside for rental housing development activities. At least $2,000,000 of these funds are set-aside for rental development proposals which involve the acquisition and rehabilitation of existing affordable housing that is at-risk of losing the benefit of a subsidy in the form of a below-market interest rate loan, interest rate reduction, rental subsidy, Section 8 housing assistance payment, rental supplement payment, rental assistance payment, or equity incentive. The remaining funds will be available to all eligible applicants for rental development activities. Applications for the Preservation Set-Aside must include evidence that any stipulation to maintain affordability in the contract granting the subsidy is at-risk of expiring, or that the federally insured mortgage on the Development is eligible for prepayment, within the next twenty-four (24) months from the date of application submission. An Application for a Development that includes the demolition of the existing units which have received any of the previously listed benefits will not qualify as a Preservation Development unless the redevelopment will include the same site and is supplemented with HOPE VI funding or funding from the Local Housing Authority's capital grant fund. All funds released under this NOFA are to be used for the creation of affordable rental housing for low-income Texans earning 80% or less of the Area Median Family Income (AMFI).

c) The Department awards HOME funds, typically as a loan, to eligible recipients for the provision of housing for low, very low and extremely low-income individuals and families, pursuant to 10 TAC §53.41. Award amounts are limited to no more than $3 million per development unless the Applicant is certified by the Department as a Community Housing Development Organization (CHDO). Awards amounts are limited to no more than $4 million per development for CHDOs. The minimum HOME award may not be less than $1,000 per HOME assisted unit. The maximum award may not exceed 90% of the Total Development Costs ("TDC") unless a resolution of support and commitment for a financial contribution to the development is made by the local unit of government in which the proposed development resides or the proposed development is located in an area where the HUD Fair Market Rents are less than the Calculated HOME Rents but will be limited follows:

Maximum HOME Award Based on Total Development Costs (TDC) (.pdf)

d) The remaining percentage of total development cost must be in the form of permanent loans with a maturity of at least twenty (20) years, in-kind contributions or grants from third-party private or public entities. Developments with USDA or other government-sponsored loans that will remain as permanent financing may be used to satisfy this requirement from a public or private entity. Loans or grants from the Department will not satisfy this requirement. The per-unit subsidy may not exceed the per-unit dollar limits established by the United States Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act, which are applicable to the area in which the development is located, and as published by HUD. The Department's underwriting guidelines in 10 TAC §1.32 will be used which set as a feasibility criterion a 1.15 debt coverage ratio minimum. Where the anticipated debt coverage ratio in the year after completion exceeds 1.35 before considering the proposed HOME funds, a repayable loan, in whole or part, will be recommended.

3) Eligible and Prohibited Activities

b) Prohibited activities include those under federal HOME rules at 24 CFR §92.214 and 10 TAC §53.37.

c) Rental development funds will not be eligible for use in a Participating Jurisdiction (PJ). Any HOME funds available for serving households in a PJ will only be made available under a separate NOFA for Persons with Disabilities as described in the 2009 State of Texas Consolidated Plan One-Year Action Plan.

d) Refinancing of federally financed properties or use of HOME funds for properties constructed within five (5) years of the submission of an Application for assistance will not be permissible.

4) Eligible and Ineligible Applicants

a) The Department provides HOME funding to qualified nonprofit organizations, for-profit entities, sole proprietors, public housing authorities and units of general local government.

b) Applicants may be ineligible for funding if they meet any of the criteria listed in §53.42 of the Department's HOME rule, and ineligibility with any requirements under 10 TAC §49.5(a) excluding subsections (5) - (8). Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.

5) Matching Funds

6) Rental Housing Development Affordability Requirements

a) Applicants should be aware that there are minimum affordability standards necessary for HOME assisted rental developments. Initial occupancy income restrictions require that at least 90% of the units are affordable to persons below 60% AMFI and that 20% of the units are affordable to person below 50% AMFI. Over the remaining affordability period at least 20% of HOME assisted units should be affordable to persons earning 50% or less than the AMFI, all remaining units must be affordable to persons earning 80% or less than the AMFI.

b) Each development will have a two-tier affordability term.

7) Site and Development Restrictions

c) Housing must meet the accessibility requirements at 24 CFR Part 8, which implements §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and covered multifamily dwellings, as defined at 24 CFR §100.201, must also meet the design and construction requirements at 24 CFR §100.205, which implement the Fair Housing Act (42 U.S.C. 3601 - 3619). Additionally, pursuant to the 2009 Qualified Allocation Plan (QAP), 10 TAC §49.9(h)(4)(H), Developments involving New Construction (excluding New Construction of nonresidential buildings) where some Units are two-stories and are normally exempt from Fair Housing accessibility requirements, a minimum of 20% of each Unit type (i.e. one bedroom, two bedroom, three bedroom) must provide an accessible entry level and all common-use facilities in compliance with the Fair Housing Guidelines, and include a minimum of one bedroom and one bathroom or powder room at the entry level. A certification will be required after the Development is completed from an inspector, architect, or accessibility specialist. Any Developments designed as single family structures must also satisfy the requirements of §2306.514, Texas Government Code.

d) All of the current Qualified Allocation Plan and Rules 10 TAC §49.6, excluding subsections (d), (f), (g) and (h) apply.

8) Threshold Criteria

ii) all neighborhood organizations whose defined boundaries include the location of the Development;

iii) executive officer and Board President of the school district that covers the location of the Development;

iv) residents of occupied housing units that may be rehabilitated, reconstructed or demolished; and

v) the State Representative and State Senator whose district covers the location of the Development.

e) The following Threshold Criteria listed in this subsection are mandatory requirements at the time of Application submission unless specifically indicated otherwise:

i) To encourage the inclusion of families and individuals with the highest need for affordable housing, applicants must target a minimum of 5% of the total units for individuals or families earning 30% or less of area medium income for the development site. Additionally, 20% of the total units proposed must be HOME units. Developments with existing and continuing USDA 515 program loans and rental assistance or project-based Section 8 are exempt from this minimum target requirement.

ii) If the Applicant elects to restrict 10% of all units for households at or below 30% of AMFI and at least 50% of all units for households at or below 50% of AMFI, and those units are not designated to serve very or extremely low-income households through another subsidy source with the exception of developments with existing and continuing USDA 515 program loans and rental assistance or project-based Section 8, the Department may allow a forgivable loan only for those extremely and/or very low-income units. Developments layered with Housing Tax Credits are not eligible for this optional election unless the funds are deducted from eligible basis. Applications must still meet the requirements of the Real Estate Analysis (REA) Rules and Guidelines in 10 TAC §1.32.

iii) Staff will not recommend to the Department's Governing Board any contingent payment loans except for applications with first lien debt that is insured by HUD or the Federal Housing Administration (FHA) or for applications with other lenders with which the Department has a Memorandum of Agreement permitting such contingent payment debt structures. All contingent payment loans must also meet the minimum debt coverage ratio requirements in the Real Estate Analysis Rules and Guidelines described in 10 TAC §1.32.

iv) All units targeting Extremely Low Income households at 30% of area median income and 30% of area median income must also restrict rents at comparable levels using the Housing Tax Credit program rents calculated annually by the Department and available on the Department's website (www.tdhca.state.tx.us). These additional restrictions will limit the tenant paid portion of the rent and any applicable utility allowance.

vi) All of the Qualified Allocation Plan and Rules in effect at the time of application submission at 10 TAC §49.9(h), excluding subsections (4)(J), (11), (12), (14)(G) and (15).

vii) To qualify for up to $4 million per development and/or a grant for CHDO Operating Expenses the application must qualify for HOME CHDO funding. HOME CHDO funding is provided to qualified nonprofit organizations eligible for CHDO certification. CHDO Applicants must be the Sponsor, Owner or Developer of the proposed Development. Applicants who apply through a Limited Partnership will be required to provide evidence, at the time of CHDO certification and commitment, that the CHDO Applicant is the Managing General Partner of the partnership and has effective control (decision making authority) over the development and management of the property, pursuant to 24 CFR §92.300. CHDO Certification will be awarded in accordance with the rules and procedures as set forth in the HOME rules at 10 TAC §53.50, Community Housing Development Organization (CHDO) Certification. A separate application process is required for CHDO Certification. Review and approval of the CHDO Certification occurs during the threshold review process, however Applicants will not receive a formal certification until the award of the HOME funds has been approved by the Department's Board. The CHDO Application package will be available with all other application materials on the Department's website. A new Application for CHDO certification must be submitted to the Department with each new Application for HOME Development funds under the CHDO set aside.

viii) An applicant is not eligible to apply for funds or any other assistance from the Department unless audits are current at the time of application or the Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b).

9) Review Process

ii) Phase Two will include a comprehensive review for financial feasibility for RHD and Single Family Development Program Activities. Financial feasibility reviews will be conducted by the Real Estate Analysis (REA) Division consistent with 10 TAC §1.32 of this title. REA will create an underwriting report identifying staff's recommended Loan terms, the Loan or Grant amount and any conditions to be placed on the Development. The Department will issue a notice of any Administrative Deficiencies within forty-five (45) days of the date the Application enters Phase Two. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into Phase Three, if applicable. Applications with Administrative Deficiencies not satisfied within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase and do not require additional review in Phase Three will be considered for placement on the next available Board meeting agenda.

iii) Phase Three will only entail the review of the CHDO Certification Application, if applicable. The Department will ensure review of these materials and issue notice of any Administrative Deficiencies on the CHDO Certification Application within thirty (30) days of the Application enters Phase Three. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into the final review phase of the Application process. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds or must elect to withdraw the CHDO Certification Application. Only upon satisfaction of all Administrative Deficiencies will the Application be forwarded to the final phase of the Application process. Upon completion of the applicable final review phase, the Application will be considered for placement on the next available Board meeting agenda.

b) Pursuant to the QAP and 10 TAC §53.42 if a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department, will be terminated with notice and rights to appeal but without being processed as an Administrative Deficiency. To the extent that a review was unable to be performed, specific reasons for the Department's determination of ineligibility will be included in the termination letter to the Applicant.

c) A site visit may be conducted as part of the HOME Program development feasibility review. Applicants must receive recommendation for approval from the Department to be considered for HOME funding by the Board.

e) In accordance with §2306.082, Texas Government Code and 10 TAC §53.6, it is the Department's policy to encourage the use of appropriate Alternative Dispute Resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC §1.17.

f) An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.

10) Application Submission

a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on April 30, 2009. The Department will accept applications from 8 a.m. to 5 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. For questions regarding this NOFA please contact Cameron Dorsey at (512) 475-2669 or via e-mail at cameron.dorsey@tdhca.state.tx.us.

c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.

e) The application consists of several parts as described in the Final ASPM. A complete application for each proposed development must be submitted in an electronic PDF format on a recordable compact disc (CD-R). Incomplete applications or improperly compiled applications will not be accepted. Applicants must submit the application materials as detailed in the Final ASPM in effect at the time the application is submitted.

f) Third party reports - If all applicable third party reports are not received at the time of application submission, the Application will be terminated.

j) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $500.00 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee. An Application fee is not required for applications submitted pursuant to paragraph (g) above and that have an existing HOME Contract with the Department. The Application fee is not a reimbursable cost under the HOME Program.

k) Applications must be sent via overnight delivery to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

221 East 11th Street

Austin, Texas 78701-2410

or via the U.S. Postal Service to:

HOME Division

Texas Department of Housing and Community Affairs

Attn: Barbara Skinner

Post Office Box 13941

Austin, Texas 78711-3941

NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular HOME Rental Housing Development Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.

TRD-200806609

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 19, 2008

Housing Trust Fund 2009 Texas Homeownership SuperNOFA Program Notice of Funding Availability (NOFA)

1) Summary.

a) The Texas Department of Housing and Community Affairs ("the Department") announces the availability of $1,000,000 in funding from the Housing Trust Fund (HTF) 2009 appropriation to fund housing assistance programs. Funds will be made available for Homebuyer Assistance (HBA) and Housing Rehabilitation Assistance (HRA).

b) The availability and use of these funds is subject to the Department's Housing Trust Fund Rule at 10 TAC Chapter 51 ("HTF Program Rule") and Chapter 2306, Texas Government Code, in effect at the time an application is submitted. Other regulations may also apply such as, but not limited to, 24 CFR §84.36 and §2306.5545, Texas Government Code, for conflict of interest, 24 CFR §5.609 for income qualification, 24 CFR Part 5, Subpart A for fair housing, and Chapter 2156, Texas Government Code, and the Uniform Grant Management Act (Chapter 783, Texas Government Code and 1 TAC Chapter 5) for procurement. Applicants are encouraged to familiarize themselves with all of the applicable rules that govern the program.

2) Appropriation of Housing Trust Funds.

a) Funds are made available through the Housing Trust Fund and are not subject to the Regional Allocation Formula. All funds released under this Notice of Funding Availability (NOFA) shall be used for the creation of affordable housing for eligible homebuyers earning 50% or less of the Area Median Family Income (AMFI) as defined by the U. S. Department of Housing and Urban Development (HUD).

b) This NOFA will be an Open Application Cycle and funding will be available on a first-come, first-served statewide basis (including Participating Jurisdictions). Applications will be accepted by the Department on regular business days until 5:00 p.m., Friday, May 1, 2009, regardless of method of delivery. Applicants are encouraged to review the application process cited in 10 TAC §51.8 and §51.12 and as described herein. Applications that do not meet minimum threshold criteria will not be considered for funding.

3) Limitation on Funds.

a) The Department awards 2009 Homeownership SuperNOFA funds to eligible organizations. The maximum award amount may not exceed $250,000, including project, administrative, and soft costs, per Program Activity.

b) Applicants may be eligible to receive up to 4% of project costs for funding for Administrative Costs. Administrative Costs may include:

i) Application intake and processing;

ii) Affirmative marketing and brochures;

iii) Travel costs for administration and contract training;

iv) Professional Services;

v) Construction and disbursement documentation preparation;

vi) Information services;

vii) Procurement of Contractor;

viii) Project document preparation;

ix) Schedule of values; and

x) Work write-up summary.

c) Soft costs are limited to 10% of project costs. Soft Costs may include:

i) Application intake and processing;

ii) Inspections;

iii) Procurement of Contractor;

iv) Schedule of values; and

v) Work write-up summary.

4) Activity and Applicant Eligibility.

a) Eligible and Prohibited Activities are specified in the Department's Housing Trust Fund Rule. Eligible Activities will include those permissible in 10 TAC §51.6. Prohibited Activities include those in 10 TAC §51.7.

b) Eligible Applicants are Units of General Local Government, Nonprofit Organizations, and Public Housing Agencies Authorities (PHA's). Applicants may be ineligible for funding if they meet any of the criteria listed in 10 TAC §51.8(d).

c) Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.

5) Affordability Requirements.

a) All Housing Trust Fund-assisted housing must follow the income qualification guidelines in 24 CFR §5.609.

b) Awarded organizations will provide the Homeownership SuperNOFA Program assistance to the homebuyer in the form of a loan. Each loan will be in the form of a 0% interest, deferred forgivable loan with a term based on the Households AMFI and as further described in §9 of this NOFA. All loans to assisted homebuyers/homeowners must be evidenced by loan documents provided by the Department and must be payable to the Department.

c) If at any time prior to the full loan period there occurs a resale of the property, a refinance of any superior lien, a repayment of any superior lien, or if the unit ceases to be the assisted Household's principal residence, the remaining loan balance shall become due and payable.

d) Forgiveness of the loan balance is calculated based on a pro-rata annual share of the loan term. The anniversary date of the loan shall constitute completion of the year. Any partial year shall not be waived. The amount due will be based on the pro-rata share number of years of the remaining loan term.

e) In the event the home is sold (voluntary or involuntary), the assisted Household will pay the loan balance from the shared net proceeds of the sale. The shared net proceeds are the sales price minus superior loan repayment (other than Homeownership SuperNOFA Program funds) and any closing costs. A copy of the HUD closing statement must be provided.

6) Construction Standards and Requirements.

a) Housing that is constructed or rehabilitated with HTF funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, HTF-assisted new construction or rehabilitation must meet, as applicable, the International Residential Code, the HOME Program Texas Minimum Construction Standards (TMCS) and be in compliance with the basic access standards in new construction, established by §2306.514, Texas Government Code. In addition, housing that is rehabilitated with funds awarded under this NOFA must meet all applicable energy efficiency standards established by §2306.187, Texas Government Code, and energy standards as verified by RESCHECK.

b) At the completion of the assistance, all properties must meet the International Residential Code and local building codes. If a home is reconstructed, the applicant must also ensure compliance with the universal design features in new construction, established by §2306.514, Texas Government Code, required for any applicant utilizing federal or state funds administered by TDHCA in the construction of single family homes.

c) All other HTF-assisted housing (e.g., acquisition) must meet all applicable State and local housing quality standards and code requirements and if there are no such standards or code requirements, the housing must meet the Housing Quality Standards in 24 CFR §982.401. When HTF funds are used for a rehabilitation development, the entire unit must be brought up to the applicable property standards.

d) Housing that is assisted with HTF funds must comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4821 - 4846) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§4851 - 4856).

e) Awarded organizations must comply with the requirements of §2156.062, Texas Government Code and the rules promulgated by the Office of the Governor under the Uniform Grant Management Act (Chapter 783, Texas Government Code and 1 TAC Chapter 5) for applicable procurement laws and procedures.

f) Awarded organizations must ensure that the demolition and removal of all dilapidated units on the lot occurs prior to the Household's occupancy of the Newly Constructed or Rehabilitated housing unit.

g) Awarded organizations must ensure and verify that each building construction contractor performing activities in the amount of $10,000 or more under the Contract is registered and maintains good standing with the Texas Residential Construction Commission in accordance with Chapters 401 and 416 of the Texas Property Code.

h) Awarded organizations must ensure and verify that each housing unit being rehabilitated in the amount of $10,000 or more under the Contract is registered with the Texas Residential Construction Commission in accordance with §426.003 of the Texas Property Code.

i) Awarded organizations must provide building construction contractor oversight and ensure builder's risk coverage is provided.

j) Awarded organizations must ensure that the demolition of any housing unit does not occur less than six (6) months prior to the Contract end date.

k) Awarded organizations must ensure a Certificate of Construction Completion must be submitted to the Department upon completion of construction-related activities.

7) Affirmative Marketing Program Requirements.

a) Recipients of Housing Trust Funds must adopt affirmative marketing policies and procedures in furtherance of Texas' commitment to non-discrimination and equal opportunity in housing Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status or disability.

b) The affirmative marketing requirements and procedures adopted must include:

i) Methods for informing the public, owners, and potential tenants about Federal Fair Housing Laws and the awarded applicant's affirmative marketing policy (e.g., the use of the Equal Housing Opportunity logotype or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups);

ii) Requirements and practices each awarded applicant must adhere to in order to carry out the Department's affirmative marketing procedures and requirements (e.g., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster);

iii) Procedures to be used by awarded applicants to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, places of worship, employment centers, fair housing groups, or housing counseling agencies);

iv) Records that will be kept describing actions taken by the awarded applicants and by owners to affirmatively market units and records to assess the results of these actions; and

v) A description of how the awarded applicants will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met.

8) Conflict of Interest.

a) In the procurement of property and services by recipients of Housing Trust Funds, the conflict of interest provisions in 24 CFR §85.36 and §2306.5545, Texas Government Code apply.

b) No persons who exercise or have exercised any functions or responsibilities with respect to activities assisted with HTF funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HTF-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.

c) The conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient which is receiving HTF funds.

9) Homebuyer Assistance Program Details.

a) Funds released under this NOFA can be allocated to administer a Homebuyer Assistance (HBA), including downpayment and closing cost assistance to eligible homebuyers for the acquisition of affordable and accessible single family housing. Eligible first-time homebuyers must not have owned a home in the three (3) years prior to the receipt of assistance.

b) Eligible homebuyers may receive loans up to $10,000 for down payment, gap financing and closing costs.

i) If the assisted household has an income that is less than 50% of the area median family income, the assistance will be in the form of a 0% interest ten (10) year deferred, forgivable loan creating a 2nd or 3rd lien.

ii) If the household income is below 30% of the AMFI, the assistance will be in the form of a 0% interest five (5) year deferred, forgivable loan creating a 2nd or 3rd lien.

c) The following first lien purchase loan requirements are imposed for households receiving assistance:

i) No adjustable rate mortgage loans (ARMs) are allowed.

ii) No mortgages with a loan to value equal to or greater than 100% are allowed;

iii) No subprime mortgage loans are allowed;

iv) An origination fee and any other fee associated with the mortgage loan may not exceed 2% of the loan amount; and

v) The income ratio (back-end ratio) may not exceed 45%.

d) The contract term for the HBA Program Activity shall not exceed twenty-four (24) months and performance under the contract will be evaluated according to the following benchmarks:

i) Six (6) months, 25% of funds must be committed;

ii) Twelve (12) months, 50% of funds must be committed, 25% of funds drawn;

iii) Eighteen (18) months, 75% of funds must be committed 50% of funds drawn; and

iv) Twenty (24) months, 100% of funds already committed and 100% of funds drawn.

10) Homebuyer Assistance Threshold Criteria.

The following threshold criteria listed in the subsection are mandatory requirements at the time of application submission unless specifically indicated otherwise and will be included in the written agreement, if awarded funds:

i) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least $30,000 to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are paid by program funds. Evidence of this commitment and the amount must be included in the Applicant's resolution and budget.

ii) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment and the amount of cash reserves for use during the contract period, naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services. The resolution must be signed and dated within the six months preceding the application deadline date.

iii) Description of Demand: It will be a threshold requirement to submit a narrative that describes in detail the demand evidenced for the proposed number of units to be assisted in the proposed service area. Source data, calculations and assumptions must be included.

iv) Homebuyer Counseling: It will be a threshold requirement for each applicant to submit the level of homebuyer counseling that will be provided. A minimum of eight (8) hours of homebuyer counseling must be provided. Evidence must include documentation describing the level of homebuyer counseling proposed, including post purchase counseling. Applicant must state who will provide the homebuyer counseling. A copy of the curriculum and a copy of the proposed written agreement for service provider (if the applicant is not providing the service) must also be provided.

11) Housing Rehabilitation Assistance Program Details.

a) Funds released under this NOFA can be allocated to administer a Housing Rehabilitation Assistance (HRA) for eligible homeowners for the rehabilitation of owner-occupied single family housing. The homeowner must own the property and it must be the principal residence of the homeowner.

b) Eligible homebuyers may receive loans up to $30,000 for rehabilitation costs, including barrier removal.

i) If the assisted household has an income that is less than 50% of the area median family income, the assistance will be in the form of a 0% interest 20-year deferred, forgivable loan creating a 1st, 2nd, or 3rd lien.

ii) If the household income is below 30% of the AMFI, the assistance will be in the form of a 0% interest 10-year deferred, forgivable loan creating a 1st, 2nd, or 3rd lien.

c) The contract term for the HRA Program Activity shall not exceed twenty-four (24) months and performance under the contract will be evaluated according to the following benchmarks:

i) Six (6) months, 25% of funds must be committed;

ii) Twelve (12) months, 50% of funds must be committed, 25% of funds drawn;

iii) Eighteen (18) months, 75% of funds must be committed, 50% of funds drawn; and

iv) Twenty (24) months, 100% of funds already committed and 100% of funds drawn.

12) Housing Rehabilitation Assistance Threshold Criteria.

13) Application Review Process.

a) The application review process is described in 10 TAC §51.12.

b) Each application will be handled on a first-come, first-served basis as further described in this section. Each application will be assigned a "received date" based on the date and time it is physically received by the Department. Then each application will be reviewed on its own merits as applicable. Applications will continue to be prioritized for funding based on their "received date". Applications will be reviewed for applicant and activity eligibility, and threshold criteria as described in this NOFA.

c) All Applicants will be processed through the Department's Application Evaluation System, and will include a previous award and past performance evaluation. Poor past performance may disqualify an Applicant for a funding recommendation or the recommendation may include conditions.

d) Applicants Must Meet or Exceed Threshold Criteria.

i) The Department will ensure review of materials required under the NOFA and Application Guide and will issue a notice of any Administrative Deficiencies within forty-five (45) days of the received date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase will be reviewed for recommendation to the Board.

ii) If a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department, will be terminated without being processed as an Administrative Deficiency.

e) Because Applications are processed in the order they are received by the Department, it is possible that the Department will expend all available HTF funds before an Application has been completely reviewed. If on the date an Application is received by the Department, no funds are available under this NOFA, the Applicant will be notified that no funds exist under the NOFA and the Application will not be processed.

f) The Department may decline to consider any Application if the proposed activities do not, in the Department's sole determination, represent a prudent use of the Department's funds. The Department is not obligated to proceed with any action pertaining to any Applications that are received, and may decide it is in the Department's best interest to refrain from pursuing any selection process. The Department reserves the right to negotiate individual elements of any Application.

g) Funding recommendations of eligible Applicants will be presented to the Department's Governing Board of Directors based on eligibility and limited by the total amount of funds available under this NOFA and the maximum award amount.

14) Appeals and Dispute Resolutions.

a) It is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009 of the Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154 of the Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator.

b) For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC, Subchapter A §1.17 and §2306.082, Texas Government Code.

c) An Applicant may appeal decisions made by staff in accordance with 10 TAC, Subchapter A §1.7.

15) Application Submission.

a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on May 1, 2009, regardless of method of delivery.

b) The Department will accept applications from 8 a.m. to 5 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. Question regarding this NOFA should be addressed to:

Texas Department of Housing and Community Affairs

Attn: Housing Trust Fund Program Administrator

HOME and Housing Trust Fund Programs Division

221 East 11th Street

Austin, Texas 78701

Telephone: (512) 463-8921

E-mail: HTF@tdhca.state.tx.us

c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.

d) Applicants must submit one complete printed copy of all Application materials and one complete scanned copy of the Application materials provided on compact disc (CD-ROM or DVD-ROM).

e) All Application materials including manuals, NOFA, program guidelines, and all applicable HTF rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the Housing Trust Fund Program Rule and threshold requirements in effect at the time of the Application submission. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.

f) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee. The Application fee is not an allowable or reimbursable cost under the Homeownership SuperNOFA Program.

g) Application Workshop: the Department will present application workshops in locations throughout the State which will provide an overview of the Homeownership SuperNOFA Program Activities eligible under this NOFA and will also provide Application preparation and submission requirements, evaluation criteria, and state and federal program information. The Application workshop schedule and registration will be posted on the Department's website at www.tdhca.state.tx.us.

h) Audit Requirements: An applicant is not eligible to apply for funds or any other assistance from the Department unless a past audit or Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b). This is a threshold requirement outlined in the application, therefore applications that have outstanding past audits will be disqualified. Staff will not recommend applications for funding to the Department's Governing Board unless all unresolved audit findings, questions or disallowed costs are resolved per 10 TAC §1.3(c).

i) Applications must be sent via overnight delivery to:

Texas Department of Housing and Community Affairs

HOME and Housing Trust Fund Programs Division

Attn: Housing Trust Fund Program Administrator

221 East 11th Street

Austin, Texas 78701-2410

or via the U.S. Postal Service to:

Texas Department of Housing and Community Affairs

HOME and Housing Trust Fund Programs Division

Attn: Housing Trust Fund, Program Administrator

Post Office Box 13941

Austin, Texas 78711-3941

NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular Housing Trust Fund Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable regulations.

TRD-200806608

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 19, 2008

Housing Trust Fund 2009 Texas Veterans Housing Support Program Notice of Funding Availability (NOFA)

1) Summary.

a) The Texas Department of Housing and Community Affairs ("the Department") announces the availability of $1,000,000 in funding from the Housing Trust Fund (HTF) 2009 appropriation to fund housing assistance programs for veterans. Funds will be made available for Veteran Homebuyer Assistance (VHA), Veteran Homebuyer Assistance with Rehabilitation (VHAR), and Veteran Rental Assistance (VRA).

b) The availability and use of these funds is subject to the Department's Housing Trust Fund Rule at 10 TAC Chapter 51 ("HTF Program Rule") and Chapter 2306, Texas Government Code in effect at the time an application is submitted. Other regulations may also apply such as, but not limited to, 24 CFR §84.36 and §2306.5545, Texas Government Code, for conflict of interest, 24 CFR §5.609 for income qualification, 24 CFR Part 5, subpart A for fair housing, and Chapter 2156, Texas Government Code and the Uniform Grant Management Act (Chapter 783, Texas Government Code and 1 TAC Chapter 5) for procurement. Applicants are encouraged to familiarize themselves with all of the applicable rules that govern the program.

c) Veteran-A veteran is a Person who:

i) Served no fewer than ninety (90) continuous days on active duty (including active duty for training) in the Army, Navy, Air Force, Marines, Coast Guard or United States Public Health Service (unless discharged sooner by reason of a service-connected disability), or a reserve component of one of the listed branches of service, or have enlisted or received an appointment in the Texas National Guard after completing all initial active duty training requirements as a condition of enlistment or appointment, or have completed twenty (20) years in a reserve component so as to be eligible for retirement as a condition of enlistment or appointment, or, if currently an active duty member of a listed service or a full-time reservist, have completed the initial service obligation;

ii) Served after Sept. 16, 1940 (for Texas veterans who entered the armed services before Jan. 1, 1977, and who have been discharged from active duty less than 30 years); and/or

iii) Been honorably discharged.

2) Appropriation of Housing Trust Funds.

a) Funds are made available through the Housing Trust Fund and are not subject to the Regional Allocation Formula. All funds released under this NOFA shall be used for the creation of affordable housing for Texas veterans earning 80% or less of the Area Median Family Income (AMFI) as defined by the U.S. Department of Housing and Urban Development (HUD). Priority will be given to veterans with disabilities.

b) This NOFA will be an Open Application Cycle and funding will be available on a first-come, first-served statewide basis. Applications will be accepted by the Department on regular business days until 5:00 p.m., Friday, May 1, 2009, regardless of method of delivery. Applicants are encouraged to review the application process cited in 10 TAC §51.8 and §51.12 and as described herein. Applications that do not meet minimum threshold criteria will not be considered for funding.

3) Limitation on Funds.

a) The Department awards Veterans Housing Support Program funds to eligible organizations. The maximum award amount may not exceed $250,000, including project, administrative, and soft costs, per Program Activity.

b) Applicants may be eligible to receive up to 4% of project costs for funding for Administrative Costs. Administrative Costs may include:

i) Application intake and processing;

ii) Affirmative marketing and brochures;

iii) Travel costs for administration and contract training;

iv) Professional Services;

v) Construction and disbursement documentation preparation;

vi) Information services;

vii) Procurement of Contractor;

viii) Project document preparation;

ix) Schedule of values; and

x) Work write-up summary.

c) Soft costs are limited to 10% of project costs. Soft Costs may include:

i) Application intake and processing;

ii) Inspections;

iii) Procurement of Contractor;

iv) Schedule of values; and

v) Work write-up summary.

4) Activity and Applicant Eligibility.

c) Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.

5) Affordability Requirements.

a) All Housing Trust Fund-assisted housing must follow the income qualification guidelines in 24 CFR §5.609 for VHA, VRA and VHAR and adjusted income guidelines in 24 CFR §5.611 for VRA.

b) Awarded organizations will provide the VHA and VHAR assistance to the homebuyer in the form of a loan. Each loan will be in the form of a 0% interest, 10-year deferred forgivable loan with a term based on the Households AMFI and as further described in §9 of this NOFA. All loans to assisted homebuyers must be evidenced by loan documents provided by the Department and must be payable to the Department.

e) In the event the home is sold (voluntary or involuntary), the assisted Household will pay the loan balance from the shared net proceeds of the sale. The shared net proceeds are the sales price minus superior loan repayment (other than Veterans Housing Support Program funds) and any closing costs. A copy of the HUD closing statement must be provided.

6) Construction Standards and Requirements.

d) Housing that is assisted with HTF funds must comply with the Lead-Based Paint Poisoning Prevention Act (42 USC §§4821 - 4846) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 USC §§4851 - 4856).

e) Awarded organizations must comply with the requirements of §2156.062,Texas Government Code and the rules promulgated by the Office of the Governor under the Uniform Grant Management Act, Chapter 783, Texas Government Code and 1 TAC Chapter 5) for applicable procurement laws and procedures.

f) Rental units secured through VRA must be inspected prior to occupancy and must comply with the Housing Quality Standards in 24 CFR §982.401.

g) Awarded organizations must ensure that the demolition and removal of all dilapidated units on the lot occurs prior to the Household's occupancy of the Newly Constructed or Rehabilitated housing unit.

h) Awarded organizations must ensure and verify that each building construction contractor performing activities in the amount of $10,000 or more under the Contract is registered and maintains good standing with the Texas Residential Construction Commission in accordance with Chapters 401 and 416 of the Texas Property Code.

i) Awarded organizations must ensure and verify that each housing unit being rehabilitated in the amount of $10,000 or more under the Contract is registered with the Texas Residential Construction Commission in accordance with §426.003 of the Texas Property Code.

j) Awarded organizations must provide building construction contractor oversight and ensure builder's risk coverage is provided.

k) Awarded organizations must ensure that the demolition of any housing unit does not occur less than six (6) months prior to the Contract end date.

l) Awarded organizations must ensure a Certificate of Construction Completion must be submitted to the Department upon completion of construction-related activities.

7) Affirmative Marketing Program Requirements.

b) The affirmative marketing requirements and procedures adopted must include:

ii) Requirements and practices each awarded applicants must adhere to in order to carry out the Department's affirmative marketing procedures and requirements (e.g., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster);

iv) Records that will be kept describing actions taken by the awarded applicants and by owners to affirmatively market units and records to assess the results of these actions; and,

8) Conflict of Interest.

a) In the procurement of property and services by recipients of Housing Trust Funds, the conflict of interest provisions in 24 CFR §85.36 and §2306.5545, Texas Government Code, apply.

b) No persons who exercise or have exercised any functions or responsibilities with respect to activities assisted with HTF funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HTF-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds hereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.

c) The conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient which is receiving HTF funds.

9) Veterans Homebuyer Assistance (VHA) and Homebuyer Assistance with Rehabilitation (VHAR) Program Details.

a) Funds released under this NOFA can be allocated to administer a Veterans Homebuyer Assistance Program (VHA) and Veterans Housing Assistance with Rehabilitation (VHAR), including downpayment and closing cost assistance to eligible veteran homebuyers for the acquisition, or acquisition and rehabilitation, of affordable and accessible single family housing. Eligible veteran homebuyers must not have owned a home in the three (3) years prior to the receipt of assistance.

b) Eligible veteran homebuyers may receive loans up to $35,000 for down payment, closing costs and rehabilitation. A maximum of $15,000 of the $35,000 loan can be used for down payment and closing costs. The balance of the assistance can be used for needed accessibility modifications.

i) If the assisted household has an income that is less than 60% of the area median family income or if the head or co-head of the household is an income-qualified up to 80% AMFI disabled veteran, the assistance will be in the form of a 0% interest five (5) year deferred, forgivable loan creating a 2nd or 3rd lien.

ii) If the household income is below 80% of the AMFI, but more than 60% of the AMFI, then the homebuyer assistance will be in the form of a 0% interest ten (10) year deferred, forgivable loan creating a 2nd or 3rd lien.

c) The following first lien purchase loan requirements are imposed for households receiving Veteran Homebuyer Assistance:

i) No adjustable rate mortgage loans (ARMs) are allowed.

ii) No mortgages with a loan to value equal to or greater than 100% are allowed;

iii) No subprime mortgage loans are allowed;

iv) An origination fee and any other fee associated with the mortgage loan may not exceed 2% of the loan amount; and

v) The income ratio (back-end ratio) may not exceed 45%.

d) The contract term for the VHA and VHAR Program Activity shall not exceed twenty-four (24) months and performance under the contract will be evaluated according to the following benchmarks:

i) Six (6) months, 25% of funds must be committed;

ii) Twelve (12) months, 50% of funds must be committed, 25% of funds drawn;

iii) Eighteen (18) months, 75% of funds must be committed, 50% of funds drawn; and

iv) Twenty (24) months, 100% of funds must be committed and 100% of funds drawn.

10) VHA and VHAR Threshold Criteria.

i) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least $35,000 to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short-term deficits that are paid by program funds. Evidence of this commitment and the amount must be included in the Applicant's resolution and budget.

ii) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment and the amount of cash reserves for use during the contract period, naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as childcare, nutrition programs, job training assistance, health services, or human services. The resolution must be signed and dated within the six months preceding the application deadline date.

11) Veterans Rental Assistance (VRA) Program Details.

a) Funds released under this NOFA can be allocated toward the Veterans Rental Assistance Program to provide eligible households rental subsidies, including security and utility deposits to tenants earning 80% or less of the Area Median Family Income (AMFI) as defined by HUD.

b) The contract term for VRA shall not exceed forty (40) months; however, individual household assistance is limited to thirty-six (36) months.

c) The Household must comply with the following initial eligibility requirements: participate in an approved self-sufficiency program; maintain principal residency in the rental unit for which the subsidy is being provided; be an income eligible household; reside in a rental unit that is located within the Administrator's Service Area; and meet all other eligibility requirements.

d) Through the VRA program, rental subsidy and security and utility deposit assistance is provided to tenants as a grant, in accordance with written tenant selection policies, for a period not to exceed thirty-six (36) months, which shall include among its objectives the securing of a permanent source of affordable housing on or before the expiration of the rental subsidy. Security deposits and utility deposits may be provided in conjunction with rental assistance. A security deposit cannot exceed two (2) months rent for the unit.

e) The rental standard must not exceed HUD's "Fair Market Rent for the Housing Choice Voucher Program." Rental units must be inspected prior to occupancy and annually by a qualified HQS inspector, and must comply with Housing Quality Standards established by HUD in 24 CFR §982.401.

f) The contract term for the VRA Program shall not exceed forty (40) months and performance under the contract will be evaluated according to the following benchmarks:

i) Six (6) months, application intake complete for 30% for Households to be assisted;

ii) Twelve (12) months, application intake complete for 75% for Households to be assisted;

iii) Eighteen (18) months, 100% of funds must be committed to Households to be assisted and 25% of funds drawn;

iv) Twenty-four (24) months, 100% of funds already committed and 35% of funds drawn;

v) Thirty-six (36) months, 100% of funds already committed and 50% of funds drawn; and

vi) Forty (40) months, 100% of funds already committed and 100% of funds drawn.

12) Veterans Rental Assistance (VRA) Threshold Criteria.

i) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least one month of rent for the number of households proposed to serve as stated in the application to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are reimbursed by program funds. Evidence of this commitment and the amount must be included in the Applicant's resolution and budget.

ii) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment and amount of cash reserves for use during the contract period, , naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services. The resolution must be signed and dated within the six months preceding the application deadline date.

iv) VRA Self Sufficiency Program: It will be a threshold requirement for each Applicant to submit a proposed detailed Self Sufficiency Plan and must describe the process for the transition of households to permanent housing by the end of the thirty-six (36) month rental assistance contract term. The documentation must describe the necessary components for the overall plan proposed for transition of potential tenants. This plan, like a case management plan, should detail the need of the tenant, how these needs will be addressed including any agreements with service providers who shall assist the tenant at meeting these needs, and a proposed timeframe for completing those activities. The plan must include:

(A) A sample household budget which will utilize existing sources of income such as employment, disability payments and other types of support that details how the assisted household will afford to be self-sufficient by the end of the thirty (30) month rental assistance.

(B) If additional income is required to attain self-sufficiency, a plan for attaining the required education or training, or a job search plan must be included.

(C) Specific housing goals that will be completed on or before the end of the thirty-six (36) month assistance period include: finding permanently subsidized housing, affordable market housing or other permanent housing solutions. The plan should include the required steps such as completing an application, approximate waiting time to get into the type of housing desired and the cost of the housing to the tenant.

13) Application Review Process.

a) The application review process is described in 10 TAC §51.12.

d) Applicants Must Meet or Exceed Threshold Criteria.

i) The Department will ensure review of materials required under the NOFA and Application Guide and will issue a notice of any Administrative Deficiencies within 45 days of the received date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase will be reviewed for recommendation to the Board.

14) Appeals and Dispute Resolutions.

a) It is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator.

b) For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC, Subchapter A §1.17 and §2306.082, Texas Government Code.

c) An Applicant may appeal decisions made by staff in accordance with 10 TAC, Subchapter A §1.7.

15) Application Submission.

a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on Friday, May 1, 2009, regardless of method of delivery.

Texas Department of Housing and Community Affairs

Attn: Housing Trust Fund Program Administrator

HOME and Housing Trust Fund Programs Division

221 East 11th Street

Austin, Texas 78701

Telephone: (512) 463-8921

E-mail: HTF@tdhca.state.tx.us

c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.

d) Applicants must submit one complete printed copy of all Application materials and one complete scanned copy of the Application materials provided on compact disc (CD-ROM or DVD-ROM).

f) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. Section §2306.147(b), Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee. The Application fee is not an allowable or reimbursable cost under the Veterans Housing Support Program.

g) Application Workshop: the Department will present application workshops in locations throughout the State which will provide an overview of the Veterans Housing Support Program Activities eligible under this NOFA and will also provide Application preparation and submission requirements, evaluation criteria, and state and federal program information. The Application workshop schedule and registration will be posted on the Department's website at www.tdhca.state.tx.us.

i) Applications must be sent via overnight delivery to:

Texas Department of Housing and Community Affairs

HOME and Housing Trust Fund Programs Division

Attn: Housing Trust Fund Program Administrator

221 East 11th Street

Austin, Texas 78701-2410

or via the U.S. Postal Service to:

Texas Department of Housing and Community Affairs

HOME and Housing Trust Fund Programs Division

Attn: Housing Trust Fund, Program Administrator

Post Office Box 13941

Austin, Texas 78711-3941

TRD-200806607

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 19, 2008

Texas Department of Insurance

Third Party Administrator Applications

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

Application of COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED, a foreign third party administrator. The home office is NOIDA, INDIA.

Application of HALLMARK MANAGEMENT, LLC (using the assumed name HALLMARK MANAGEMENT WORKERS COMPENSATION SERVICES, LLC), a foreign third party administrator. The home office is OKLAHOMA CITY, OKLAHOMA.

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

TRD-200806634

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: December 19, 2008

Texas Public Finance Authority

Notice of Award

Pursuant to Texas Government Code, Chapter 2254, the Texas Public Finance Authority announces this notice of the award of a consulting contract with respect to Request for Proposal No. 2008-347-002 for executive search services. The Board of Directors of the Authority awarded the contract to Dorothy Drummer & Associates, 1801 Lavaca Street, Suite 115-A, Austin, Texas 78701. The amount of the contract is $35,000 plus reimbursement of approved expenses.

The notice of the Request for Proposal was published in the November 28, 2008, issue of the Texas Register (33 TexReg 9816).

TRD-200806625

Judith Porras

Interim Executive Director and General Counsel

Texas Public Finance Authority

Filed: December 19, 2008

Public Utility Commission of Texas

Notice of Award of a Major Consulting Contract

The Public Utility Commission of Texas (PUCT) announces the award of contract #473-09-00155 to Quanta Technology, an entity with a principal place of business at 4020 Westchase Boulevard, Suite 300, Raleigh, North Carolina 27607. The Contractor will undertake, but is not limited to, the following tasks:

1. Review and evaluate data collected by the PUC from electric and telecommunications utilities related to hurricanes and tropical storms impacting the Texas coast within the last ten years to assess infrastructure damage caused by wind, trees/flying debris, inland flooding, and storm surge and the associated restoration costs.

2. Evaluate the cost to electric utilities of the following programs throughout the State of Texas:

a. implementation of vegetation management programs that require annual inspection of overhead facilities as compared to regularly scheduled vegetation management required under current standards set by the North American Electric Reliability Corporation (NERC) and the Electric Reliability Council of Texas (ERCOT).

b. implementation of an annual ground-based inspection program for overhead facilities, including poles and other support structures, as compared to the regularly scheduled inspections of utility poles and overhead equipment currently used.

3. Evaluate the costs and benefits of implementing the following requirements in hurricane-prone areas (within 50 miles of the Texas coast):

a. construction of new electric substations and telecommunications central offices above the 100-year floodplain

b. providing adequate back-up power for central offices and substations

c. construction of new transmission lines and/or replacement of existing structures designed to meet NESC wind loading standards in effect on December 1, 2008

d. deployment of particular types of transmission structures, specifically wood, concrete, and steel for new construction or expansion of existing lines

e. building underground transmission and distribution lines, including new construction, expansion of existing lines, or rebuilds

4. Evaluate the impact that changes in technology such as the use of advanced meters and the implementation of the Smart Grid would have on the reliability of the provision of electric service following a hurricane.

The benefits and costs for each of the individual programs and requirements listed above shall be determined on both a total amounts statewide and per customer basis. The analysis shall not be restricted to an examination of costs and benefits experienced by the electric and telecommunications utilities but will also include the benefits to individuals and businesses associated with decreases in restoration times in conjunction with the implementation of the recommendations, including factors such as lost wages and loss of business productivity that occur during power outages. The evaluation shall take into account that some homes and businesses will not benefit from the shorter restoration times, because significant structural damages may prevent them from safely receiving power.

The Contractor's report will include recommendations identifying the programs (separately or in combination) that will provide the maximum benefit per cost expended on both a state-wide and regional (Gulf Coast) basis.

The total value of the contract is $190,000. The contract was executed on December 22, 2008 and will expire on February 27, 2009, unless extended by the PUCT. The Contractor must complete and submit all reports under the contract to the PUCT by February 27, 2009.

TRD-200806600

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 18, 2008

Texas Department of Transportation

Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site:

www.txdot.gov/about_us/public_hearings_and_meetings/aviation.htm

Or visit www.txdot.gov, click on Citizen, click on Public Hearings, and then click on Aviation.

Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 1-800-68-PILOT.

TRD-200806617

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: December 19, 2008

Public Notice - Creation of Specialty License Plates

Under Title 43, Texas Administrative Code, §17.28(i)(1)(D), the Texas Department of Transportation is required to publish notice of all tentatively approved specialty license plates for public comment. The department will accept comments on these specialty license plates until 5:00 p.m. on Monday, January 12, 2009.

The specialty license plate tentatively approved and open for comment is: Marine Engineers Beneficial Association (MEBA). This plate will be available to the general public and will not have qualifying restrictions. The license plate image may be viewed at:

www.txdot.gov,

keyword: plate vote. All comments will be considered prior to the final decision.

Please e-mail comments to tbelk@dot.state.tx.us or write to Tammy Belk, Texas Department of Transportation, Vehicle Titles and Registration Division, 4000 Jackson Avenue, Austin, Texas 78779-0001. For more information go to www.txdot.gov.

TRD-200806616

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: December 19, 2008

Texas Water Development Board

Request for Applications for State Fiscal Year 2009 Agricultural Water Conservation Fund

The Texas Water Development Board (TWDB) solicits Request for Applications (RFAs) for the state fiscal year 2009. The total amount of the grants to be awarded by the TWDB shall not exceed $600,000 from the Agricultural Water Conservation Fund. The rules governing the Agricultural Water Conservation Fund (31 Texas Administrative Code Chapter 367), guidelines, and instructions are available upon request from the TWDB.

Summary of the RFA

Solicitation Date (Opening): January 2, 2009

Due Date (Closing): March 4, 2009 at 12:00 p.m. Central Standard Time

Anticipated Award Date: Approximately May 1, 2009

Estimated Total Funding: $600,000

Eligible applicants: State Agencies and Political Subdivisions

Technical Contact: Aung K. Hla, Team Lead, Agricultural Water Conservation Section

Texas Water Development Board

P.O. Box 13231, Austin, Texas 78711-3231

Phone: (512) 463-7940

E-mail: aung.hla@twdb.state.tx.us

Agricultural Water Conservation Grant Categories:

1. Irrigation water use metering

This category includes the purchase, installation, maintenance and data collection services of irrigation meters, including telemetry accessories. The successful applicants will be required to properly design and install meters in producers' fields, or in irrigation canal systems, that will facilitate the collection of accurate and reliable data. Applicants are required to provide TWDB with annual irrigation water use data (per acre by crop) for each meter installed for a period of five years.

2. Conservation education and public awareness

Applicants must design, develop and deliver agricultural water conservation education in a statewide or on a regional scale. The conservation education projects may be completely new or built upon existing programs that meet the needs of rural communities. The projects may include but are not limited to hands-on outdoor and indoor activities for children, youth and adults, water festival camps, and summer internships programs with groundwater conservation districts and irrigation districts. Applicants are encouraged to seek and build partnerships with other political subdivisions and state agencies for sharing the cost of the projects. The applicants must delineate the expected water conservation outcomes of the project.

3. Innovative technology transfer

The proposed innovative technology transfers must develop and demonstrate processes or methods to enhance the quality and reliability of new agricultural water conservation technologies, best management practices, and may also include emerging technologies for estimating statewide irrigation water use. To be given priority consideration, the tools employed in the project should be transferable to TWDB staff. Applicants are encouraged to build partnerships with local, state, and federal entities for collecting, and sharing data resources. The proposal must clearly delineate the impacts of the project on agricultural water conservation in particular and water resources planning in general.

4. Economic impacts of reduction of irrigation water use

This study is designed to evaluate the socio-economic impacts on local communities and regional economies resulting from proposals to reduce irrigation water use if the reductions are or are not implemented. The scope of work is limited to geographical areas impacted by recognized or projected depletion of aquifers within Texas. To be given consideration, the applicants are encouraged to build partnerships with other institutions that have conducted exemplary research and studies for related projects.

Grant Amount

Up to $600,000 has been initially authorized for fiscal year 2009 assistance for agricultural water conservation grants from the TWDB's Agricultural Water Conservation Fund (Fund). Funds will be awarded through a statewide competitive grants process. TWDB may fund single-and multi-year projects, not to exceed three years. The available funding for the four categories is anticipated to award approximately three to five projects based on previous years' experience. All proposals will be evaluated based upon the specific criteria set forth in this solicitation.

Description of Applicant Criteria

The applicable scope of work, schedule, and contract amount will be negotiated after the TWDB selects the most qualified applicants. Failure to arrive at mutually agreeable terms of a contract with the most qualified applicant shall constitute a rejection of the Board's offer and may result in subsequent negotiations with the next most qualified applicant. The TWDB reserves the right to reject any or all applications if staff determines that the application(s) does not adequately meet the required criteria or if the funding available is less than the requested funding.

Deadline for Submission of Applications

Six double-sided, double-spaced copies of a completed application must be filed with the TWDB no later than March 4, 2009 at 12:00 p.m. Central Standard Time. Applications can be directed either in person to David Carter, Texas Water Development Board, Stephen F. Austin Building, Room 531, 1700 North Congress Avenue, Austin, Texas 78701; or by mail to David Carter, Texas Water Development Board, P.O. Box 13231 Capitol Station, Austin, Texas 78711-3231.

TRD-200806570

Kenneth L. Petersen

General Counsel

Texas Water Development Board

Filed: December 18, 2008