State Office of Administrative Hearings

Correction of Error

The State Office of Administrative Hearings (SOAH) adopted new Chapter 159, Subchapter C, concerning Witnesses and Subpoenas, in the January 16, 2009, issue of the Texas Register (34 TexReg 330). New Subchapter C, comprised of §159.101 and §159.103, was adopted with changes and both sections were republished.

On page 332, second column, the second sentence of §159.103(d) is incorrect.

Subsection (d) should read as follows:

"(d) Subpoena form. A subpoena must be issued on the form provided at www.soah.state.tx.us."

TRD-200900097

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 January 2, 2009, through January 8, 2009. 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's web site. The notice was published on the web site on January 14, 2009. The public comment period for this project will close at 5:00 p.m. on February 13, 2009.

FEDERAL AGENCY ACTIONS:

Applicant: Oynx Pipeline Company; Location: The project is located in Nueces Bay, through State Tracts 707 and 708, from the north shoreline of Nueces Bay between White's Point and Portland in San Patricio County, up into Rincon Canal in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; POB coordinates are Easting: 655439; Northing: 3083768. POE coordinates are Easting: 655786; Northing: 3077900. Project Description: The applicant proposes to install a 2.5-mile-long, 16-inch O.D. natural gas pipeline across Nueces Bay by boring from upland locations and entering bay locations, and thence trenching and excavating once in Nueces Bay. Approximately 15,276 feet will be trenched and 6,717 feet will be bored. Crossing of existing pipelines will be accomplished by excavation. Temporary impacts to the bay bottom include 0.70 acres attributed to trenching, 0.92 acres to the bore pit excavation, and 1.29 acres to the pipeline crossing. CCC Project No.: 09-0066-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00991 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: City of Corpus Christi; Location: The project is located at Laguna Shores Road, between Graham and Husslin' Hornet Streets, along the western shore of the Laguna Madre, in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: Oso Creek NE, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 669940; Northing: 3060190. The proposed mitigation site is a 7.4-acre area located on the southeast corner of the Laguna Shores Wastewater Treatment Plant Property, which is adjacent to the Laguna Madre approximately 0.7 mile north of the proposed project site. The project can be located on the U.S.G.S. quadrangle map titled: Oso Creek NE, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 670300; Northing: 3061650. Project Description: The applicant proposes to elevate and improve the Laguna Shores Road roadway to ensure traffic flow is maintained during high tides, meet future drainage requirements, and provide erosion protection to protect the roadway bed during high tide. CCC Project No.: 09-0067-F1. Type of Application: U.S.A.C.E. permit application #SWG-2006-01048 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: Marquette Galveston Investments; Location: The project is located on a 332.18-acre site adjacent to West Galveston Bay between Eckert's Bayou and the access channel to the Spanish Grant Subdivision, in the City of Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Lake Como, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 312554.78; Northing: 3234637.75. Project Description: Within the 332.18-acre tract, there are 141.72 acres of estuarine wetlands, 7.55 acres of palustrine wetlands and 182.91 acres of non-jurisdictional coastal prairie uplands. The applicant proposes to impact (through excavation and fill activities) 2.45 acres of estuarine wetlands, 1.74 acres of palustrine wetlands and 123.80 acres of non-jurisdictional coastal prairie uplands during the construction of a full-service marina and mixed-use development known as The Marina at West Beach. The marina would include single-family housing, single-family attached housing, and neighborhood commercial properties. The applicant proposes to construct a mixture of bulkheads and soft shorelines in the marina basin and either articulated block mats or concrete rubble revetment is proposed to be installed along the shoreline of the access and circulation channels. The proposed berths would be either fixed or floating, depending on their location in the marina. The applicant proposes to construct approximately 300 in-water slips. To compensate for impacts to wetlands the applicant proposes to permanently protect a 200.88-acre onsite conservation zone comprised of 55.8 acres of prairie uplands, 5.81 acres of palustrine wetlands and 139.27 acres of estuarine wetlands. The applicant also proposes to restore 2.75 acres of estuarine habitat within a previously excavated stock pond by beneficial use of portions of the dredged materials from the marina and access channel. CCC Project No.: 09-0069-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01956 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 Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Marquette Galveston Investments; Location: The project is located on a 547.07-acre tract of land on West Galveston Island in the City of Galveston and Galveston County. It begins approximately one mile west of the seawall at 8-Mile Road and continues to 11-Mile Road. The project boundary comprises most of the property between FM 3005 and Stewart Road, with 1 parcel (Tract 1) totaling 64.26 acres located on the Gulf side of FM 3005. The project can be located on the U.S.G.S. quadrangle map entitled: Lake Como, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 314204.77; Northing: 3234206.78. Project Description: Within the 547.07-acre tract, there are 394.29 acres of non-jurisdictional coastal prairie uplands, 151.48 acres of palustrine wetlands, and 1.30 acres of estuarine wetlands. The applicant proposes to discharge fill material into 50.36 acres of palustrine wetlands and 233.85 acres of non-jurisdictional coastal prairie uplands to construct building and infrastructure sites associated with a mixed use residential and resort development known as The Preserve at West Beach. There would be no impacts to estuarine wetlands. The development would include single-family lots, attached single-family units, mid-rise condominiums, commercial areas, common area/parks, and internal rights-of-way. To compensate for impacts to jurisdictional wetlands the applicant proposes to permanently protect a 128.36-acre conservation zone comprised of 71.39 acres of uplands and 56.97 acres of palustrine wetlands. The applicant proposes restoration and enhancement of existing degraded palustrine wetlands in the conservation zone as compensation. CCC Project No.: 09-0070-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01958 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 Texas Commission on Environmental Quality 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 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-200900099

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: January 12, 2009

Notice of Intent to Amend Contract

Pursuant to Chapters 403 and Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the following notice of intent to increase a major consulting services contract with AKF Consulting LLC as follows:

The contract with AKF Consulting LLC will be amended and increased from not-to-exceed $75,000.00, to not-to-exceed $125,000.00. The term of the contract is from November 27, 2007, through December 31, 2009. There is one (1) option to renew for one (1) additional one (1) year term.

The notice of request for proposals was published in the October 19, 2007, issue of the Texas Register (32 TexReg 7539) (RFP #181a).

The contractor provides consulting and technical advice and assistance to the Comptroller and the Texas Prepaid Higher Education Tuition Board in the ongoing administration of the new Texas Tuition Promise Fund (formerly known as the Texas Tomorrow Fund II).

TRD-200900068

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: January 8, 2009

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/19/09 - 01/25/09 is 18% for Consumer¹ /Agricultural/Commercial²/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/19/09 - 01/25/09 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

TRD-200900112

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 12, 2009

Notice of Texas Education Agency Secure Environment (TEA SE) Access and Notice of the Grant Writer Designation Form for the 2009-2010 Adult Education and Family Literacy Program and Temporary Assistance for Needy Families Program

The competitive grant application for the 2009-2010 Adult Education and Family Literacy (Adult Ed) Program and Temporary Assistance for Needy Families (TANF) Program will be available in the Texas Education Agency (TEA) eGrants system with an expected publication date of February 27, 2009. All external customers and users anticipating a need to access the eGrants system to submit a competitive application under the Adult Ed and TANF programs, or those who anticipate being part of a shared services arrangement, must have a username and password for the Texas Education Agency Secure Environment (TEA SE) to access the eGrants system. Participants are encouraged to request TEA SE access no later than February 2, 2009, to obtain a TEA SE username and password in a timely manner.

Any users who have previously applied for an eGrants TEA SE username and password do not need to reapply. However, users are encouraged to review the role previously requested for their eGrants username and password to ensure it is appropriate. If the role is not correct, users will need to submit a new eGrants TEA SE access request form indicating the change in role. If a username and password were assigned to an individual who should no longer have access, please complete the eGrants TEA SE access form to delete system access for that individual.

A TEA SE username and password are required for each user of eGrants, including authorized officials such as superintendents and executive directors who submit grant applications, employees or contractors who will assist in writing/completing applications in eGrants, and grant personnel who will be completing project progress reports in eGrants. For each user, a single TEA SE username and password is valid for all eGrants applications and is not limited to any one specific grant. Privileges listed under a role apply to all grants and progress/results reports.

To request a username and password, go to http://ritter.tea.state.tx.us/forms/tease/egrants_ext.htm. Information on how to apply for eGrants access can be found at http://ritter.tea.state.tx.us/opge/egrant/.

As part of the TEA eGrants system, the Grant Writer Assignment (GWA) form has been introduced as a mechanism for identifying users who will have access to view and complete the Adult Ed and TANF grant applications. Due to the competitive nature of some grants, certain users will be designated to have access to a grant application by the superintendent or the organization's authorized official. Only the superintendent or the organization's authorized official may complete the form and must denote agreement with the authorization statement on the bottom of the form before the schedule is complete. In addition to the GWA form, the Applicant Designation and Certification (ADC) form must be submitted in order for designated individuals to gain access to the grant application. The ADC form indicates the maximum amount of funds for which an organization will apply based on the federal Adult Ed allocation table for the 2009-2010 school year. Applicants should complete only the federal Adult Ed grant section of the ADC and designate the other funding sources as "Not Applying" to minimize the sections of the grant not needed to submit the initial grant application. The state Adult Ed funds and TANF funds will be made available once the federal Adult Ed competitive review process has been completed. These funds are provided to those organizations awarded the federal Adult Ed grant. The information submitted on the form is considered to be binding. Only the users identified on the form will have access to the grant application.

Superintendents or organizations' authorized officials and eGrants TEA SE users can view the instructions for the form at http://maverick.tea.state.tx.us:8080/Guidelines/Template%20Forms/TEMPAA05PP2220_I.pdf.

Description. The objectives of the 2009-2010 Adult Ed and TANF programs are to assist adults to become literate and obtain the knowledge and skills necessary for employment and self-sufficiency; assist adults who are parents to obtain the educational skills necessary to become full partners in the educational development of their children; assist adults in the completion of a secondary school education; assist adults who have limited English proficiency with English language acquisition; and assist adults who are incarcerated in a correctional facility or other institution who function at less than a secondary completion level with basic academic and functional context skills.

Project Dates. The Adult Ed and TANF programs will be implemented during the 2009-2010 school year. Applicants should plan for a starting date of no earlier than July 1, 2009, and an ending date of no later than June 30, 2010.

Project Amount. Available funding is approximately $32.7 million in federal Adult Ed funds with approximately $12.7 million available in supplemental state Adult Ed and TANF funds. Each eligible organization can apply for only one project for the 2009-2010 school year. An eligible organization can also participate as a sub-recipient of an eligible organization applying for this grant.

Training Available on Texas Education Telecommunication Network (TETN). TEA is offering training via TETN (TETN Event #34865) on Wednesday, February 25, 2009, from 3:15 p.m. to 5:15 p.m. This training will cover the Adult Ed and TANF grant application and will provide the opportunity for questions and answers. As space is limited, individuals planning to attend the event must reserve seating with their regional education service center.

Further Information. For clarifying information about this notice or the Request for Application (RFA), contact Iris Adams, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. To assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms.

TRD-200900178

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: January 14, 2009

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-09-104 from public school districts and open-enrollment charter schools with a Stage 3 or Stage 4 intervention level for Career and Technical Education under the TEA Performance-Based Monitoring Analysis System. In addition, eligible school districts and open-enrollment charter schools are those that have one or more high school campuses that meet one of the following criteria. (1) In each of the past three school years (2005-2006, 2006-2007, and 2007-2008), at least 55 percent of students were identified as economically disadvantaged and, in school year 2007-2008 only, at least 45 percent of students were identified as being at risk of dropping out of school. (2) The campus was rated Academically Unacceptable in 2008 under the state accountability rating system. (3) The campus would have been rated Academically Unacceptable if the school leaver provision had not been in place in the 2008 state accountability rating system.

A school district may not apply for any campus that is a Disciplinary Alternative Education Program, a Juvenile Justice Alternative Education Program, or an Alternative Education Campus. In addition, a school district or open-enrollment charter school may not apply for any campus with any of the following grants that continue beyond July 1, 2009, the start date of this grant program: (1) High Schools That Work (HSTW) Enhanced Design Network, Cycle 1 and 2 Continuation; (2) Texas High School Redesign and Restructuring (whether funded by TEA, the Communities Foundation of Texas, or the Bill and Melinda Gates Foundation); (3) Early College High School; (4) Texas Science, Technology, Engineering, and Math (T-STEM) Academy; or (5) T-STEM Special Project.

Description. The purpose of the High Schools That Work Enhanced Design Network Grant, Cycle 3, Year 1, is to support high schools in implementing the HSTW redesign model in partnership with the TEA and Southern Regional Education Board. The HSTW design includes a set of Key Practices that impact student achievement and provide direction and meaning to comprehensive school improvement and student learning. High schools that receive funding under this grant will be expected to implement the HSTW Key Practices.

Dates of Project. The High Schools That Work Enhanced Design Network Grant, Cycle 3, Year 1, will be implemented during the 2009-2010 and 2010-2011 school years. Applicants should plan for a starting date of no earlier than July 1, 2009, and an ending date of no later than February 28, 2011.

Project Amount. Funding will be provided for approximately 10 projects. Each project will receive a maximum of $83,500 for the July 1, 2009, through February 28, 2011, project period.

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

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

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

Further Information. For clarifying information about the RFA, contact Rebecca Schroeder, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, March 19, 2009, to be eligible to be considered for funding.

TRD-200900179

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: January 14, 2009

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-09-107 from high-need local education agencies that (1) serve at least 2,500 or 22 percent of children from families with incomes below the poverty line as identified by the 2005 U.S. Census data; and (2) serve one or more schools identified for improvement or corrective action under the No Child Left Behind Act of 2001, Title I, Part A, Section 1116, or have a substantial need for assistance in acquiring and using technology as reflected in the Texas Campus STaR Chart.

Description. The purpose of this RFA is to solicit grant applications from eligible applicants to implement programs that meet the intent of the No Child Left Behind Act of 2001, Title II, Part D, Enhancing Education Through Technology Act of 2001. Programs should address students who lack access to needed courses and be designed to improve students' literacy, academic, and technical skills, the latter of which is becoming increasingly important in our competitive global society. Students can benefit from the use of current technology tools, which enhance the learning process and accommodate different learning styles. Teachers will need to have access to high-quality, relevant, and ongoing professional development not only in the use of these technology tools but also in how to teach using those tools in a modern, interactive, and engaging learning environment. Programs should make systemic changes in the way teachers teach and students learn; create professional learning communities that enable members to share best practices, discuss challenges, and develop strategies for improving instruction using technology; and involve careful planning, supportive leadership, and data-driven decision making. Programs must involve all stakeholders in creating and sustaining professional learning communities.

The Vision 2020, Cycle 2, grant includes two separate strands: (1) Technology Immersion; and (2) Virtual Learning. School districts may apply for both strands but will only receive funding for one strand. Applicants must submit a separate application for each strand.

The purpose of the Technology Immersion strand is to provide high-need schools the opportunity to provide total technology immersion to an entire grade level on one or more campuses or on an entire campus with the necessary supplementary resources to provide (1) a wireless mobile computing device for each educator and student on an immersed campus to ensure on-demand technology access at school and at home; (2) productivity, communication, and presentation software for use as learning tools; (3) online instructional resources that support the state curriculum in English language arts, mathematics, science, and social studies; (4) online assessment tools to diagnose students' strengths and weaknesses or to assess mastery of the core curriculum; (5) professional development for teachers to help them integrate technology into teaching, learning, and the curriculum; and (6) initial and ongoing technical and pedagogical support.

The purpose of the Virtual Learning strand is to provide high-need schools with the necessary resources to provide supplementary online learning opportunities for students and/or teachers via the Texas Virtual School Network and the opportunity to (1) improve student academic achievement through the use of technology in elementary and secondary schools; (2) assist every student in crossing the digital divide by ensuring that every student is technology literate; and (3) encourage the effective integration of technology resources and systems with teacher training and curriculum development to establish research-based instructional methods that can be widely implemented as best practices by state and local educational agencies.

Dates of Project. The Vision 2020, Cycle 2, grant will be implemented during the 2009 - 2010 and 2010 - 2011 school years. Applicants should plan for a starting date of no earlier than September 1, 2009, and an ending date of no later than June 30, 2011.

Project Amount. Funding will be provided for approximately 50 projects. Each project will receive a maximum of $500,000 for the entire 2009 - 2010 and 2010 - 2011 project period. This project is funded 100 percent from federal funds under the No Child Left Behind Act of 2001, Title II, Part D, Subpart 1.

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

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

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

Further Information. For clarifying information about the RFA, contact Rebecca Schroeder, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, April 30, 2009, to be eligible to be considered for funding.

TRD-200900177

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: January 14, 2009

Learn and Serve Texas Grant

Request for Applications (RFA) Concerning Learn and Serve Texas Grant Program

Filing Authority. This Request for Applications (RFA) is authorized under the National and Community Service Act of 1990, 42 USC 12521 et seq. (Learn and Serve America School-based Programs)

Eligible Applicants. The Texas Center for Service-Learning, a statewide initiative of Region 14 Education Service Center (ESC) in collaboration with the Texas Education Agency, is requesting applications from public school districts, open enrollment charter schools, and shared services arrangements (SSAs) of public school districts and education service centers in Texas. Applicants must have at least two partners, one of which must include a private nonprofit community-based organization or government agency that has demonstrated expertise in meeting educational, environmental, public safety, or health and human needs. (If such an organization or agency does not exist in the community, applicants may partner with a nonprofit, not-for-profit, religious, or community organization.) In addition, the community-based organization must have been in existence for at least one year before the start of the program and must make service opportunities available to student participants. Subgrantee programs may also include partnerships with private for-profit businesses, private nonprofit schools, institutions of higher education, government agencies, individuals, and other organizations.

Description. Learn and Serve America: School-Based program grants are designed to assist in developing high-quality service-learning programs in elementary and secondary schools. Learn and Serve America supports school-based programs, composed of Local Education Agencies (LEAs) and their community partners, that provide youth with opportunities to learn and develop their capabilities through service-learning. Service-learning is an educational method which engages young people in service to their communities as a means of developing a lifelong ethic of service, enriching their academic learning, promoting personal growth, and helping them to develop the skills needed for productive citizenship. The goals of these grants are to fund programs that: (a) Encourage elementary and secondary school teachers to create, develop, and offer service-learning opportunities for all school-age youth; (b) Educate teachers about service-learning and incorporate service-learning opportunities into classrooms to enhance academic learning; (c) Coordinate the work of adult volunteers in school; (d) Introduce young people to a broad range of careers and expose them to further education and training; (e) Hire service-learning coordinators to assist with identifying community partners and implementing school-based service-learning programs; (f) Provide the technical assistance and information to facilitate the training of teachers who want to use service-learning in their classrooms; and (g) Assist local partnerships in the planning, development, and execution of service-learning projects.

The Learn and Serve Texas grant will continue to invest in programs that implement, expand, and sustain high-quality service-learning in Texas public school districts as part of a larger strategy to make service-learning a common experience for all Texas students. Subgrantees under this program are expected to: (1) Expand high-quality service-learning - a form of instruction in which students design projects to address community needs as part of their academic studies - into more K-12 schools, particularly those with large numbers of youth in disadvantaged circumstances, as a strategy to improve retention and graduation through increased civic and academic engagement; (2) Engage young people in service-learning activities that directly address community needs in order to build healthier communities; (3) Develop and maintain community partnerships that provide opportunities for student service-learning activities and student civic and academic engagement; (4) Engage young people in service-learning activities related to the Martin Luther King, Jr., national Day of Service (www.mlkday.gov) on the third Monday in January; (5) Increase civic and academic engagement of participating students as measured by pre- and post-surveys, attendance rates, discipline referrals, and promotion rates; (6) Increase the number and percentage of teachers who use service-learning to meet educational goals; (7) Improve the quality of service-learning through the LEADERS model of service-learning and the K-12 Standards for High-Quality Practice; (8) Sustain and institutionalize service-learning in participating districts through administrative leadership, supportive policies and practices, and integration with other educational programs and school reform initiatives; (9) Provide TxCSL with information about successful service-learning projects, programs, and initiatives for the purpose of project replication, adoption, and adaptation; (10) Ensure participation of program staff and partners (as appropriate) in all required trainings and meetings offered through TxCSL; and (11) Meet all evaluation and reporting requirements as specified in the RFA and/or by the program evaluator, TxCSL, Region 14 ESC, TEA, and CNCS.

Dates of Project. All services and activities related to this proposal will be conducted within specified dates. The starting date will be no earlier than September 1, 2009, with an ending date of no later than August 31, 2012. Programs will be eligible for two years of continuation funding based on evidence of satisfactory progress.

Project Amount. A range of contracts will be awarded from $10,000 to $110,000 based on student ADA. SSAa are allowable to a maximum of $140,000. A total of $1,020,000 is available for grant awards. Continuation funding will be based on satisfactory progress and on general budget approval by the Corporation for National and Community Service (CNCS), the Texas Education Agency, and Region 14 ESC. This project is funded 100% from CNCS federal funds. Applicants must provide matching funds for the grant at the rate of 1:1 in cash or in kind. Matching funds may come from any source, including federal funds, that does not specifically prohibit such use. Funds authorized by or through CNCS, however, may not be used as matching. Indirect costs may not be charged to this grant.

Selection Criteria. Subgrantees will be selected on the basis of total points awarded through a competitive grant review process in which applications receiving 70% or higher of the total points will be considered for funding. Additional factors will be considered prior to selection of the programs recommended for funding to ensure that programs meet the intent and purposes of the authorizing statute and guidance, are cost effective, may be replicable in districts with similar demographics, are diverse with respect to size of districts, are diverse with respect to geographic location in Texas, and demonstrate greatest need. Awards are contingent on the availability of federal funding for this program.

Region 14 ESC is not obligated to execute a resulting grant award, provide funds, or endorse any proposal submitted in response to this RFA. This RFA does not commit Region 14 ESC to pay any costs incurred before a NOGA is executed. The issuance of this RFA does not obligate Region 14 ESC to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of the RFA may be obtained by downloading the application from the Texas Center website at www.txcsl.org; by writing the Texas Center for Service-Learning, 6207 Sheridan Ave., Suite 310, Austin, TX 78723-1060; or by calling (512) 420-0214.

Further Information. For clarifying information about the RFA, contact the Texas Center for Service-Learning at (512) 420-0214. Opportunities for technical assistance will also be indicated in the RFA.

Deadline for Receipt of Proposals. Proposals must be received by mail or delivery service at the Texas Center for Service-Learning by 5:00 p.m. (Central Standard Time), Friday, March 27, 2009, to be considered. Facsimile and e-mail copies will not be accepted.

TRD-200900184

Ronnie Kincaid

Executive Director

Education Service Center, Region XIV

Filed: January 14, 2009

Contract Award Announcement

This contract award notice is being filed by the Employees Retirement System of Texas ("ERS"), in relation to a contract award for independent U.S. and Non-U.S. proxy research, vote advisory and related services. The contractor is Institutional Shareholder Services, Inc. ("ISS"), 2099 Gaither Road, Rockville, Maryland 20850. ISS will provide advice, assistance and customer service and support to ERS on all proxy voting services and related matters including proxy voting policies and ERS proxy voting reports, and independent securities litigation auditing and monitoring services, as requested by ERS. The cost of the contract is for $110,204 per annum, payable in quarterly installments. The contract was executed on January 5, 2009 and the term of the contract is from January 1, 2009 through December 31, 2013.

TRD-200900144

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: January 13, 2009

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 23, 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 23, 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: Acme Brick Company; DOCKET NUMBER: 2008-1418-AIR-E; IDENTIFIER: RN100221993; LOCATION: Malakoff, Henderson County; TYPE OF FACILITY: brick manufacturing plant; RULE VIOLATED: 30 Texas Administrative Code (TAC) §§122.143(4), 122.145(2)(B) and (C), and122.146(2), Federal Operating Permit (FOP) Number O-01784, General Terms and Conditions (GTC), and Texas Health and Safety Code (THSC), §382.085(b), by failing to timely submit an annual compliance certification (ACC) and semi-annual deviation reports; PENALTY: $3,850; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: Avalon Water Supply and Sewer Service Corporation; DOCKET NUMBER: 2008-1716-MWD-E; IDENTIFIER: RN101511863; LOCATION: Avalon, Ellis County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013981001, Effluent Limitations and Monitoring Requirements Numbers 1 and 3, and the Code, §26.121(a)(1), by failing to comply with permit effluent limits for five-day biochemical oxygen demand, pH, total suspended solids (TSS), and flow; and 30 TAC §305.125(17) and TPDES Permit Number WQ0013981001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $9,950; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Bosqueville Green Acres Water Supply Corporation; DOCKET NUMBER: 2008-1532-PWS-E; IDENTIFIER: RN101217008; LOCATION: McLennan County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i), TCEQ Agreed Order Docket Number 2005-0480-PWS-E, Ordering Provision 2.a., and THSC, §341.0315(c), by failing to provide a well capacity of 0.6 gallons per minute per connection; 30 TAC §290.42(1), by failing to compile a thorough plant operations manual and keep it up-to-date for operator review and reference; 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meter; and 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a), by failing to operate the facility at all times under the direct supervision of a water works operator who holds a Class "D" or higher license; PENALTY: $1,474; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Denny Oil Company dba North Street Texaco; DOCKET NUMBER: 2008-1266-MLM-E; IDENTIFIER: RN102381845; LOCATION: Nacogdoches, Nacogdoches County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.51(a)(1) and the Code, §26.121(a) and §26.3475(c)(2), by failing to prevent a spill from an underground storage tank (UST) system; 30 TAC §334.51(a)(3) and the Code, §26.3475(c)(2), by failing to ensure that a fuel transfer operation is continuously monitored by the person conducting the transfer during the entire time that regulated substances are being transferred into a UST system; and 30 TAC §334.51(a)(6) and the Code, §26.3475(c)(2), by failing to assure that spill and overfill prevention equipment are maintained in good operating condition; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(5) COMPANY: E. I. du Pont de Nemours and Company; DOCKET NUMBER: 2008-1315-IWD-E; IDENTIFIER: RN100542711; LOCATION: Orange, Orange County; TYPE OF FACILITY: organic and inorganic chemical manufacturing plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0000475000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for carbonaceous biochemical oxygen demand and pH; PENALTY: $16,275; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: Enstor Katy Storage and Transportation, L.P.; DOCKET NUMBER: 2008-1484-AIR-E; IDENTIFIER: RN102543816; LOCATION: Katy, Fort Bend County; TYPE OF FACILITY: natural gas storage and transportation; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2)(C), and 122.146(2), Permit Number O-00518, GTC, and THSC, §382.085(b), by failing to submit the ACC and a semi-annual deviation report; PENALTY: $3,850; Supplemental Environmental Project (SEP) offset amount of $1,540 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: City of Hempstead; DOCKET NUMBER: 2008-0999-MWD-E; IDENTIFIER: RN101920692; LOCATION: Waller County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010948001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for TSS, ammonia nitrogen, and flow; and 30 TAC §305.125(17) and TPDES Permit Number WQ0010948001, Monitoring and Reporting Requirements Number 1, by failing to timely submit discharge monitoring reports; PENALTY: $7,600; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(8) COMPANY: JO PO AND ASSOCIATES, INC. dba Sunwest Grocery Citgo; DOCKET NUMBER: 2008-1208-PST-E; IDENTIFIER: RN101556256; LOCATION: Alvarado, Johnson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain the required UST records and make them immediately available; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; 30 TAC §334.49(b)(3)(B) and the Code, §26.3475(d), by failing to maintain the interstitial space between the protected component and the secondary containment device free of any soil, backfill material, groundwater, or other substances, and inspect and test the protected component for electrical isolation; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that the UST is monitored in a manner which will detect a release; 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; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube; 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; and 30 TAC §115.221(1) and THSC, §382.085(b), by failing to ensure that the gasoline container is equipped with a submerged fill pipe; PENALTY: $18,900; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Linde Gas North America LLC; DOCKET NUMBER: 2008-1455-AIR-E; IDENTIFIER: RN100217207; LOCATION: La Porte, Harris County; TYPE OF FACILITY: synthetic gas production plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number O-02290, GTC, and THSC, §382.085(b), by failing to submit an annual permit compliance certification; PENALTY: $3,875; ENFORCEMENT COORDINATOR: Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Mullin Independent School District; DOCKET NUMBER: 2008-1711-PWS-E; IDENTIFIER: RN101256550; LOCATION: Mullin, Mills County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(3)(A), by failing to obtain authorization prior to placing a well into service; 30 TAC §290.41(c)(3)(K), by failing to properly install the well casing vent on well number two with an opening that is covered with a 16-mesh or finer corrosion resistant screen; 30 TAC §29.46(f)(2), by failing to provide operating records at the time of the investigation; 30 TAC §290.46(s)(1), by failing to calibrate the meter on well number two at least once every three years; and 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan; PENALTY: $552; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(11) COMPANY: Hermenegildo Bueno dba Paisano Truck Stop; DOCKET NUMBER: 2008-1467-AIR-E; IDENTIFIER: RN100809995; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the maximum Reid vapor pressure (RVP) requirement of seven pounds per square inch absolute (psia); PENALTY: $1,260; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(12) COMPANY: Raytheon Company; DOCKET NUMBER: 2008-1431-AIR-E; IDENTIFIER: RN102207073; LOCATION: Richardson, Dallas County; TYPE OF FACILITY: lens manufacturing plant; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization prior to operation of a lens manufacturing plant; PENALTY: $10,000; SEP offset amount of $4,000 applied to Texas Parent Teacher Association - Clean School Bus Program; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Southwest Convenience Stores, LLC; DOCKET NUMBER: 2008-1662-AIR-E; IDENTIFIER: RN102395662 and RN102017241; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: convenience stores with sales of gasoline; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the seven psia maximum RVP requirement for gasoline; PENALTY: $3,587; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(14) COMPANY: The Lubrizol Corporation; DOCKET NUMBER: 2008-1282-AIR-E; IDENTIFIER: RN100221589; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §122.143(4) and (15) and §122.165(a)(7), FOP Numbers O-01930, O-01932, O-01934, and O-02191, GTC, and THSC, §382.085(b), by failing to ensure that a responsible official certified the accuracy and completeness of the semi-annual deviation report; 30 TAC §122.143(4), FOP Number O-02191, GTC, New Source Review Permit Number 22048, General Condition Number 9, and THSC, §382.085(b), by failing to maintain the thermal oxidizer; and 30 TAC §122.143(4) and (15) and §122.165(a)(7) and (8), FOP Numbers O-01931 and O-01933, GTC, and THSC, §382.085(b), by failing to ensure that a responsible official certified the accuracy and completeness of the ACC; PENALTY: $20,410; SEP offset amount of $10,205 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(15) COMPANY: Toll Brothers, Inc.; DOCKET NUMBER: 2008-1452-WQ-E; IDENTIFIER: RN104981212 and RN104976857; LOCATION: Lakeway, Travis County; TYPE OF FACILITY: residential construction sites; RULE VIOLATED: 30 TAC §281.25(a)(4), Construction General Permit Numbers TXR15BX03 and TXR15BT64, Part III Section F(2)(a)(ii), and the Code, §26.121, by failing to maintain erosion control measures; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

TRD-200900149

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 13, 2009

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 (TWC), §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 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 13, 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 13, 2009. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: Guss Lines dba Lines Cactus Grove Mobile Home Park; DOCKET NUMBER: 2008-1164-PWS-E; TCEQ ID NUMBER: RN104103247; LOCATION: 2408 West Highway 90, Alpine, Brewster County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.271(b), §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; PENALTY: $1,191; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(2) COMPANY: Shane Walls; DOCKET NUMBER: 2007-1743-LII-E; TCEQ ID NUMBER: RN105239586; LOCATION: 12750 Preston Road, Building E-1, Frisco, Collin County; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: TWC, §37.003, Texas Occupations Code, §1903.251, 30 TAC §30.5(b) and §344.4(a), by failing to refrain from advertising or representing himself to the public as a person who can perform services for which a license or registration is required, when not possessing a current license or registration; and Texas Occupations Code, §1903.251 and 30 TAC §344.58(b), by failing to comply with irrigator installer requirements by unauthorized use of the license of someone else who is a licensed irrigator; PENALTY: $400; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200900174

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 14, 2009

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is 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 13, 2009. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO 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 DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 13, 2009. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Fairmont Cleaners, Inc. dba Fairmont Cleaners; DOCKET NUMBER: 2006-1316-DCL-E; TCEQ ID NUMBER: RN104086384; LOCATION: 4850 Fairmont Parkway, Pasadena, Harris County; TYPE OF FACILITY: dry cleaners drop station; RULES VIOLATED: 30 TAC §337.10(a) and Texas Health and Safety Code (THSC), §374.102, by failing to complete and submit the required dry cleaners drop station registration form to the TCEQ for the facility; PENALTY: $1,185; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(2) COMPANY: Kenneth Poppe and Gloria Poppe dba Poppe's Pub & Grub; DOCKET NUMBER: 2008-0553-PWS-E; TCEQ ID NUMBER: RN105452650; LOCATION: 13176 Farm-to-Market Road 236, Victoria, Victoria County; TYPE OF FACILITY: restaurant with a public water supply; RULES VIOLATED: 30 TAC §290.39(m), by failing to provide written notification to the commission of the startup of a new public water supply system or reactivation of an existing public water supply system; and 30 TAC §290.42(b)(1) and (e), by failing to provide disinfection facilities for all groundwater supplies for the purpose of microbiological control and distribution protection; PENALTY: $850; STAFF ATTORNEY: Rebecca Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(3) COMPANY: Nam Sun Paek dba Metro Cleaners; DOCKET NUMBER: 2008-1232-DCL-E; TCEQ ID NUMBER: RN103955506; LOCATION: 101 East Harwood Road, Suite 100, Hurst, Tarrant County; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.11(e), TWC, §7.051(a)(1)(B), THSC, §374.102(e), and TCEQ Default Order Docket Number 2006-0855-DCL-E, Ordering Provision Number 2.a, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.14(c), TWC, §5.702, and TCEQ Default Order Docket Number 2006-0855-DCL-E, Ordering Provision Numbers 1 and 2.b, by failing to pay outstanding dry cleaner fees, administrative penalties, and associated late fees for TCEQ Financial Account numbers 23800079, 24000029, and 24000463; PENALTY: $2,006; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Triumph Christian Center Inc.; DOCKET NUMBER: 2006-1792-PWS-E; TCEQ ID NUMBER: RN101251866; LOCATION: 6601 Farm-to-Market Road 762, Richmond, Fort Bend County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(A) and THSC, §341.033(d), by failing to perform routine bacteriological monitoring of the public water supply and by failing to provide public notification of the failure to perform routine bacteriological monitoring of the public water supply for the months of August 2005 - January 2006 and April and May 2006; PENALTY: $2,800; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

TRD-200900173

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 14, 2009

The following notices were issued during the period of December 17, 2008 through January 13, 2008.

The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.

INFORMATION SECTION

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 24 has applied for a renewal of TPDES Permit No. WQ0014440001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located approximately 1,800 feet south of the intersection of County Road 144 and County Road 281, off County Road 144 and west of the Atchison, Topeka & Sante Fe Railroad in Brazoria County, Texas.

CITY OF CRANFILLS GAP has applied for a renewal of TPDES Permit No. WQ0014169001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located approximately 900 feet southeast of the intersection of State Highway 22 and Farm-to-Market Road 219 (3rd Street) in Bosque County, Texas.

CITY OF HILLSBORO has applied for a renewal of TPDES Permit No. WQ0010630001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,810,000 gallons per day. The facility is located adjacent to George Street, approximately 700 feet southwest of the intersection of Parham Street and George Street in Hill County, Texas.

CITY OF SOMERVILLE has applied for a renewal of TPDES Permit No. WQ0010371001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located adjacent to Farm-to-Market Road 1361, approximately 0.5 mile northeast of the intersection of Farm-to-Market Road 1361 and State Highway 36, east of the City of Somerville in Burleson County, Texas.

CITY OF TEAGUE AND CITY OF FAIRFIELD has applied for a renewal of TPDES Permit No. WQ0013579001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 3.4 miles southwest of the intersection of U.S. Highway 84 and Interstate Highway 45 and approximately 1.1 miles south of the intersection of U.S. Highway 84 and Boyd Prison Road in Freestone County, Texas.

HABC LTD has applied for a minor amendment to TCEQ Permit No. WQ0014587001, to revise the permitted drip irrigation field area to reflect areas identified in the Settlement Agreement between Headwaters Development and Save Our Springs Association (SOS). The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 325,000 gallons per day via a subsurface drip irrigation system on a public accessible 12-acre wildflower meadow and drip irrigation system on a public accessible 63-acre area of natural habitat. The facility and disposal site will be located approximately 3 miles northeast of the intersection of Rural Route 12 and U.S. Highway 290 in Dripping Springs, Texas and approximately 1.8 miles due north of US Highway 290 in Hays County, Texas.

HJ TRAILS END LTD has applied for a new permit, Proposed Permit No. WQ0014863001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 78,000 gallons per day via public access subsurface drip irrigation system with a minimum area of 18.71 acres. The draft permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 78,000 gallons per day via public access subsurface drip irrigation system with a minimum area of 18.60 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located approximately 0.77 mile south of the intersection of Johnson Road and Trails End Road in the extra-territorial jurisdiction of the City of Austin and the extra-territorial jurisdiction of the City of Cedar Park in Travis County, Texas.

KT MINING INC. which operates the Calvert Mine, has applied for a major amendment to TPDES Permit No. WQ0002881000 to authorize the removal of Outfall 009 and to add Outfalls 018, 019, and 020 for the discharge of wastewater from the active mine area, and Outfalls 118, 119, and 120 for the discharge of wastewater from the post mining area. The current permit authorizes the discharge of wastewater from the active mining area and previously monitored effluents (treated domestic wastewater from Outfall 201 and treated oily wastewater from Outfall 301) on an intermittent and flow variable basis via Outfall 001; the discharge of wastewater from the post mining area and previously monitored effluent on an intermittent and flow variable basis via Outfall 101; the discharge of wastewater from the active mining area on an intermittent and flow variable basis via Outfalls 004, 008, 010, 013, 015, and 016; the discharge of wastewater from the post mining area on an intermittent and flow variable basis via Outfalls 104, 108, 110, 113, 114, 115, and 116; the discharge of groundwater at a volume not exceed 14,400,000 gallons during any 24-hour period via Outfall 011; the discharge of ground water at a volume not exceed 4,320,000 gallons during any 24-hour period via Outfalls 012 and 017; and the discharge of wastewater from a treatment pond (mine pit water and storm water) on an intermittent and flow variable basis via Outfall 009. The facility is located between State Highway 6 and State Highway 46 on Tidwell Prairie Road, approximately 4.5 miles southeast of the City of Bremond, Robertson County, Texas.

MIRANDO CITY WATER SUPPLY CORPORATION has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit WQ0014207001 to authorize the addition of an interim phase to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 68,000 gallons per day and to authorize a change in treatment process to include individual septic tanks in lieu of a facultative lagoon. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 125,000 gallons per day. The facility is located due south of the Tex-Mex Railroad and 3,000 feet due west of the intersection of State Highway 359 and Farm-to-Market Road 2895 in Webb County, Texas.

PEASTER INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. WQ0013589001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 36,000 gallons per day. The facility is located at 8512 Farm-to-Market Road 920 approximately 1,200 feet southeast of the intersection of Farm-to-Market Road 920 and Harwell Lake Road in Parker County, Texas.

RICHEY ROAD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0012378002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The facility is located at 1820 Candle Park Ridge, approximately 3,300 feet northeast of the intersection of Hardy Toll Road and W.W. Thorne Drive, and 3 miles south-southwest of the City of Westfield in Harris County, Texas.

SHERWYN DALLAS WOOD has applied for a new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004843000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing dairy cattle facility at a maximum capacity of 990 head of which all are milking cows. The facility is located on the south side of Farm-to-Market Road 913, approximately 2.5 miles south of the intersection of Farm-to-Market Road 913 and U.S. Highway 67, said intersection is located approximately 7 miles south of the intersection of U.S. Highway 281 and U.S. Highway 67 in Stephenville in Erath County, Texas.

THE CITY OF LEANDER has applied for a renewal of TPDES Permit No. WQ0012644001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,250,000 gallons per day. The facility is located at 10201 Ranch-to-Market Road 2243, approximately 4,000 feet east of the intersection of U.S. Highway 183 and Ranch-to-Market Road 2243 in Williamson County, Texas.

THE CITY OF WAELDER has applied for a renewal of TPDES Permit No. WQ0014252001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located at 605 South H Street, on the north bank of Baldridge Creek in the southeast portion of the City of Waelder approximately 0.71 mile southeast of the intersection of U. S. Highway 90 and State Highway 97 in Gonzales County, Texas.

THE SALVATION ARMY has applied for a renewal of TPDES Permit No. WQ0013904001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located on the southern portion of Camp Hoblitzelle, approximately 1.5 miles south of the intersection of Farm-to-Market Road 875 and Farm-to-Market Road 663, south of the Town of Midlothian in Ellis County, Texas.

UNITED STATES DEPARTMENT OF THE ARMY has applied for a renewal of TPDES Permit No. WQ0012096001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located one mile east of Avenue F, south of 16th Street, at North Fort Hood in Coryell County, Texas.

WHARTON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 has applied for a renewal of TPDES Permit No. WQ0014019001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located approximately one mile east of the intersection of U.S. Highway 90A and State Highway 60, 200 feet west of a braided portion of the San Bernard River in Wharton County, Texas.

WELLBORN SPECIAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0013850001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. TCEQ received this application on October 20, 2008. The facility is located 4,500 feet southwest of Farm-to-Market Road 2154 on Koppe Bridge Road and approximately 1 mile south of Wellborn in Brazos County, Texas.

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

TRD-200900180

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 14, 2009

Request for Proposals #303-9-10711

The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), announces the issuance of Request for Proposals (RFP) #303-9-10711. TFC seeks a five (5) year lease of approximately 7,000 square feet of warehouse space in Beaumont, Texas.

The deadline for questions is January 30, 2009, and the deadline for proposals is February 9, 2009, at 3:00 p.m. The award date is March 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 an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=80553.

TRD-200900172

Kay Molina

General Counsel

Texas Facilities Commission

Filed: January 13, 2009

Invitation for Offers

In accordance with the provisions of Texas Government Code, Chapter 2254, the Texas Forensic Science Commission and Sam Houston State University will be seeking Invitation for Offers to hire a consultant to deliver an expert review of the Brandon Lee Moon case, a Texas case sexual assault case involving probable negligent serological testing and DNA methodologies which will include but not be limited to the following:

1. The consultant is required to have expertise in serological testing and DNA testing methodologies as well court room testimony experience. This expertise and experience must include that of ABO blood group and secretor status testing and the interpretation of DNA typing results from multiple analysis modalities, including RFLP, DQ-alpha and STR analysis.

2. A review of the education, hiring, training and supervision records of the serology analyst who conducted the initial testing of the evidentiary material and known reference samples from this sexual assault case. The expert will be required to deliver an opinion as to whether the serologist conducting the analysis of the evidentiary material had the necessary expertise, training and supervision to conduct the appropriate analysis.

3. A review of the analysis, interpretation and testimony of the serological evidence in the 1987 and 1988 rape prosecution of Brandon Lee Moon. The expert will be required to deliver an opinion as to whether any of the serological testing conducted was flawed and whether the testimony provided was incorrect or misleading, providing potential to inappropriately bias the jury. The expert will also be required to deliver an opinion on whether the analysis and/or testimony of the serologist conducting the testing constituted negligence or misconduct.

4. An opinion as to whether the appropriate controls or supervision of the serological testing procedures were in place to identify any potential errors in the analysis or subsequent testimony.

5. A review of the RFLP testing performed by Lifecodes and any reports issued which suggested that Mr. Moon could not have been the source of the evidence in this case.

6. A review of subsequent serological testing in 1996, suggesting potential errors committed in the original testing.

7. Examination of any documentation as to the request for additional testing and collection of new samples and the basis for further delays.

The President of Sam Houston State University has made a finding of fact that the consulting services are necessary. Sam Houston State University does not currently have in house expertise to complete this project. The Commission believes that for purposes of the investigation the Brandon Lee Moon investigation must be conducted as an independent review.

The purpose of this engagement is to investigate the interpretation of the forensic evidence in the Brandon Lee Moon case, provide an opinion of the interpretations, and advise the Commission in the development of recommendations to the resolve any forensic negligence that may have occurred.

An award will be made to the proposer that submits the highest ranked proposal based on evaluation criteria developed by the University. As authorized by law, the University reserves the right to reject any and all bids. As authorized by law, the University reserves the right to select the bidder that, in its judgment, provides the best value.

Parties interested in the Invitation for Offers and evaluation criteria should contact:

Leigh M. Tomlin

Sam Houston State University

College of Criminal Justice

Texas Forensic Science Commission

Box 2296

816 17th Street

Huntsville, Texas 77341

Phone: 1-888-296-4232

Fax: 1-888-305-2432

Email: info@fsc.state.tx.us

The proposal submission deadline will be Monday, February 23, 2009, at 5 p.m. Central Prevailing Time.

TRD-200900150

Fernando Gomez

General Counsel, Texas State University System

Texas Forensic Science Commission

Filed: January 13, 2009

Public Notice

The Golden Crescent Workforce Development Board (Board) will release its Request for Bids for Fiscal Monitor on January 19, 2009.

The Board is responsible for administering the workforce development system, including job training, employment, and employment-related educational programs in Calhoun, DeWitt, Goliad, Gonzales, Jackson, Lavaca and Victoria counties.

A complete set of specifications may be obtained by calling (361) 576-5872. Interested parties must provide a written response no later than 5:00 p.m. February 13, 2009.

Evaluation of Bids: February16 - 20, 2009.

Negotiations: February 24, 2009.

Contract dates will be: March 1, 2009 - August 31, 2009.

Note: Historically Underutilized Businesses to be awarded 5 bonus points. HUB Certificate must be attached as part of the bid submission.

TRD-200900064

Henry Guajardo

Executive Director

Golden Crescent Workforce Development Board

Filed: January 7, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rate

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 17, 2009, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for Texas Health Steps (THSteps) Behavioral Health Personal Care Services (PCS) associated with medical policy changes. Behavioral Health PCS are new benefits provided to children with a behavioral health/mental retardation (BH/MR) diagnosis and physical conditions with a BH/MR diagnosis. Services delivered to Medicaid clients under age 21 under the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Program are referred to as THSteps services in Texas. The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.082 and 1 Texas Administrative Code (TAC), §355.201(e) - (f), which require public hearings on proposed Medicaid reimbursements.

Proposal. The new payment rates for THSteps Behavioral Health PCS are proposed to be effective April 1, 2009.

Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8441(12)(B), which addresses the reimbursement methodologies for PCS under the EPSDT Program.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after February 2, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at Josie.Wheatfall@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

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

TRD-200900145

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 13, 2009

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 17, 2009, at 1:30 p.m. to receive public comment on the proposed multiple Medicaid payment rates for Texas Health Steps (THSteps) Diagnostic Dental Services associated with medical policy changes. Services delivered to Medicaid clients under age 21 under the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Program are referred to as THSteps services in Texas. The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.082 and 1 Texas Administrative Code (TAC), §355.201(e) - (f), which require public hearings on proposed Medicaid reimbursements.

Proposal. The new payment rates for THSteps Diagnostic Dental Services are proposed to be effective April 1, 2009.

Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8441(11), which addresses the reimbursement methodology for dental services under the EPSDT Program.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after February 2, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at Josie.Wheatfall@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

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

TRD-200900146

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 13, 2009

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 17, 2009, at 1:30 p.m. to receive public comment on the multiple proposed updated Medicaid payment rates resulting from Quarterly Medicaid Fee Reviews. The procedure codes covered by the Quarterly Medicaid Fee Reviews include multiple Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) codes; multiple surgery and medical services procedure codes with total components, professional components, and technical components; multiple non-clinical laboratory procedure codes; physician-administered drugs/biologicals; and clinical laboratory procedure codes. The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.082 and 1 Texas Administrative Code (TAC), §355.201(e) - (f), which require public hearings on proposed Medicaid reimbursements.

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

Methodology and justification. The proposed updated payment rates are calculated in accordance with 1 TAC §355.8021, which addresses the reimbursement methodology for DMEPOS; 1 TAC §355.8085, which addresses the reimbursement methodology for physician services, including surgery, medical services, and physician-administered drugs/biologicals; 1 TAC §355.8081, which addresses the reimbursement methodology for non-clinical laboratory services; and 1 TAC §355.8610, which addresses the reimbursement methodology for clinical laboratory services.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after February 2, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at Josie.Wheatfall@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

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

TRD-200900148

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 13, 2009

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 17, 2009, at 1:30 p.m. to receive public comment regarding the proposed Medicaid payment rates for Doctor of Dentistry Services as a Limited Physician associated with medical policy changes. The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.082 and 1 Texas Administrative Code (TAC), §355.201(e) - (f), which require public hearings on proposed Medicaid reimbursements.

Proposal. The new payment rates for Doctor of Dentistry Services as a Limited Physician are proposed to be effective April 1, 2009.

Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physician services, including Doctor of Dentistry Services.

Briefing Package. A briefing package describing the proposed payment rate will be available on or after February 2, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at Josie.Wheatfall@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

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

TRD-200900151

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 13, 2009

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 17, 2009, at 1:30 p.m. to receive public comment on the proposed Medicaid Telemedicine Facility Fees for the patient site associated with medical policy changes. The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.082 and 1 Texas Administrative Code (TAC), §355.201(e) - (f), which require public hearings on proposed Medicaid reimbursements.

Proposal. The new Telemedicine Facility Fees for the patient site is proposed to be effective April 1, 2009.

Methodology and Justification. The proposed payment rate is calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physician services.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after February 2, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at Josie.Wheatfall@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

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

TRD-200900157

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 13, 2009

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 17, 2009, at 1:30 p.m., to receive public comment on proposed Medicaid payment rates for seat lifts for use with furniture and power leg and seat elevation systems associated with Home Health Mobility Aids medical policy changes. The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rates for these new Home Health Mobility Aids benefits are proposed to be effective April 1, 2009.

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

Briefing Package. A briefing package describing the proposed payment rates will be available on or after February 2, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at josie.wheatfall@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

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

TRD-200900147

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 13, 2009

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 17, 2009, at 1:30 p.m., to receive public comment on proposed Medicaid payment rates for electric patient lifts associated with Home Health Mobility Aids medical policy changes. The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rate for the seat lifts are proposed to be effective April 1, 2009.

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

Briefing Package. A briefing package describing the proposed payment rates will be available on or after February 2, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at josie.wheatfall@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

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

TRD-200900155

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 13, 2009

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 17, 2009, at 1:30 p.m., to receive public comment on proposed Medicaid payment rates for 2009 Healthcare Common Procedure Coding System (HCPCS) annual benefit additions. The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The multiple procedure codes covered by the 2009 HCPCS annual benefit additions include Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) codes; medical, surgery, assistant surgery and anesthesia services delivered by physicians and certain other practitioners procedure codes; laboratory procedure codes; radiation treatment services, including total component, professional component, and technical component procedure codes; physician-administered drugs/biologicals procedure codes; clinical laboratory procedure codes; and ambulatory surgical center (ASC) procedure codes. The proposed payment rates for 2009 HCPCS annual benefit additions are proposed to be effective January 1, 2009.

Methodology and Justification. The proposed payment rates were calculated in accordance with 1 TAC §355.8021, which addresses the reimbursement methodology for DMEPOS; 1 TAC §355.8085, which addresses the reimbursement methodology for physician services, including medical service, surgery, assistant surgery, anesthesia and physician-administered drugs/biologicals; 1 TAC §355.8081, which addresses the reimbursement methodology for non-clinical laboratory services and radiation treatment services; 1 TAC §355.8610, which addresses the reimbursement methodology for clinical laboratory services; and 1 TAC §355.8121, which addresses the reimbursement methodology for ASCs.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after February 2, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at josie.wheatfall@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

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

TRD-200900156

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 13, 2009

Third Party Administrator Applications

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

Application of BEN-E-LECT, a foreign third party administrator. The home office is VISALIA, CALIFORNIA.

Application of U.S. IMAGING NETWORK, a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

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

TRD-200900181

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 14, 2009

Request for Applications - FY2010 Discretionary Grant Program

Task Force on Indigent Defense

Visit website at www.courts.state.tx.us/tfid for more information.

Contact: Whitney Stark, Grants Administrator

Phone: (512) 936-6996

TRD-200900101

James Bethke

Director, Task Force on Indigent Defense

Texas Judicial Council

Filed: January 12, 2009

Instant Game Number 1171 "Fiesta"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1171 is "FIESTA". The play style is "key number match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1171 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 1171.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, PIÑATA SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $1,000 and $20,000.

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

Figure 1: GAME NO. 1171 - 1.2D

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

F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.

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

H. High-Tier Prize - A prize of $1,000 or $20,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1171), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1171-0000001-001.

K. Pack - A pack of "FIESTA" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B, C and D configuration.

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FIESTA" Instant Game No. 1171 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "FIESTA" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either WINNING NUMBER play symbol, the player wins PRIZE shown for that number. If a player reveals a "PIÑATA" play symbol, the player wins DOUBLE the PRIZE shown for that symbol! No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

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

16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. The "PIÑATA" (doubler) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.

C. No more than two (2) matching non-winning prize symbols will appear on a ticket.

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

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

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

G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).

H. The top prize symbol will appear on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

A. To claim a "FIESTA" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to, pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "FIESTA" Instant Game prize of $1,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "FIESTA" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "FIESTA" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "FIESTA" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 7,080,000 tickets in the Instant Game No. 1171. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1171 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1171 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1171, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200900102

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 12, 2009

1.0 Name and Style of Game.

A. The name of Instant Game No. 1172 is "SUPER WILD 8'S". The play style for this game is "multiple games".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1172 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1172.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 8 SYMBOL, $5.00, $8.00, $10.00, $15.00, $18.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000, $50,000, 1X SYMBOL, 2X SYMBOL, and 4X SYMBOL.

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

Figure 1: GAME NO. 1172 - 1.2D

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

F. Low-Tier Prize - A prize of $5.00, $8.00, $10.00, $18.00 or $20.00.

G. Mid-Tier Prize - A prize of $40.00, $100 or $500.

H. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1172), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1172-0000001-001.

K. Pack - A pack of "SUPER WILD 8'S" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SUPER WILD 8'S" Instant Game No. 1172 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "SUPER WILD 8'S" Instant Game is determined once the latex on the ticket is scratched off to expose 53 (fifty-three) Play Symbols. In Game 1, if the player reveals 2 matching numbers within a PLAY, the player wins the PRIZE shown for that play. If a player reveals an "8" symbol within a PLAY, the player wins 8 TIMES the PRIZE shown for that play! In Game 2, if the player reveals 3 "8" symbols in a row, column or diagonal, the player wins PRIZE shown in PRIZE BOX. The player scratches the BONUS BOX for a chance to win up to 4 TIMES the prize won. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 53 (fifty-three) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 53 (fifty-three) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

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

16. Each of the 53 (fifty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 53 (fifty-three) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. The top prize symbol will appear on every ticket unless otherwise restricted.

D. GAME 1: The "8" (win x 8) play symbol will only appear as dictated by the prize structure.

E. GAME 1: No more than three matching non-winning prize symbols will appear in this game.

F. GAME 1: No duplicate non-winning play symbols in this game.

G. GAME 1: No duplicate non-winning PLAYS in any order in this game.

H. GAME 1: The $8 and $18 prize symbols will only appear on winning PLAYS as dictated by the prize structure.

I. GAME 2: There will be no occurrence of three or more matching play symbols on a ticket, with the exception of the "8" play symbol in this game.

J. GAME 2: There will be at least three "8" play symbols in this game.

K. GAME 2: There will only be one occurrence of three "8"s in a row, column or diagonal line on winning tickets in this game.

L. GAME 2: The BONUS BOX play symbols of "2X" (win x 2) and "4X" (win x 4) will appear on winning tickets only as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "SUPER WILD 8'S" Instant Game prize of $5.00, $8.00, $10.00, $18.00, $20.00, $40.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $40.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "SUPER WILD 8'S" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "SUPER WILD 8'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "SUPER WILD 8'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "SUPER WILD 8'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 7,080,000 tickets in the Instant Game No. 1172. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1172 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1172 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1172, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200900089

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 9, 2009

1.0 Name and Style of Game.

A. The name of Instant Game No. 1181 is "LUCKY DOG DOUBLER". The play style for this game is "row/column/diagonal with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1181 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 1181.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: PAW SYMBOL, DOG SYMBOL, DOG HOUSE SYMBOL, DOG COLLAR SYMBOL, BONE SYMBOL, $1.00, $2.00, $5.00, $10.00, $20.00, $50.00, $100, $500 and $1,000.

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

Figure 1: GAME NO. 1181 - 1.2D

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

F. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.

G. Mid-Tier Prize - A prize of $40.00, $50.00, $100 or $500.

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

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1181), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1181-0000001-001.

K. Pack - A pack of "LUCKY DOG DOUBLER" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LUCKY DOG DOUBLER" Instant Game No. 1181 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "LUCKY DOG DOUBLER" Instant Game is determined once the latex on the ticket is scratched off to expose 9 (nine) Play Symbols. If a player reveals three matching symbols in any one row, column or diagonal, the player wins the PRIZE shown. If the player reveals three (3) "PAW" play symbols in any one row, column or diagonal, the player wins DOUBLE the PRIZE shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 9 (nine) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 9 (nine) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

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

16. Each of the 9 (nine) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 9 (nine) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. There will be only one occurrence of three "PAW" (doubler) play symbols appearing in a row, column or diagonal on winning tickets as dictated by the prize structure.

C. There will be only one occurrence of three matching play symbols other than the "PAW" (doubler) appearing in a row, column or diagonal on winning tickets as dictated by the prize structure.

D. Every ticket will contain at least two "PAW" (doubler) play symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY DOG DOUBLER" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to, pay a $40.00, $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "LUCKY DOG DOUBLER" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "LUCKY DOG DOUBLER" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "LUCKY DOG DOUBLER" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "LUCKY DOG DOUBLER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 9,120,000 tickets in the Instant Game No. 1181. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1181- 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1181 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1181, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200900103

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 12, 2009

1.0 Name and Style of Game.

A. The name of Instant Game No. 1182 is "FIVE STAR CASH". The play style is "key number match with win all".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1182 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1182.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, DOUBLE DOLLAR SYMBOL, DOLLAR BILL SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $200, $2,000 and $50,000.

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

Figure 1: GAME NO. 1182 - 1.2D

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

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

G. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $200.

H. High-Tier Prize - A prize of $2,000 or $50,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1182), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1182-0000001-001.

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

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FIVE STAR CASH" Instant Game No. 1182 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "FIVE STAR CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a "DOUBLE DOLLAR" play symbol, the player wins the PRIZE shown for that symbol instantly. If the player reveals a "DOLLAR BILL" play symbol, the player wins ALL 20 PRIZES instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

B. The "DOLLAR BILL" (win all) play symbols will only appear on intended winning tickets and only as dictated by the prize structure.

C. The "$$" (auto win) play symbol will never appear more than once on a ticket.

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

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

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

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

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

I. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).

J. The top prize symbol will appear on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "FIVE STAR CASH" Instant Game prize of $2,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "FIVE STAR CASH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "FIVE STAR CASH" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "FIVE STAR CASH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000 tickets in the Instant Game No. 1182. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1182 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1182 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1182, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200900104

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 12, 2009

1.0 Name and Style of Game.

A. The name of Instant Game No. 1183 is "MONEY TREE". The play style is "key number match with win all".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1183 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 1183.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, DOLLAR BILL SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $1,000 and $20,000.

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

Figure 1: GAME NO. 1183 - 1.2D

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

F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.

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

H. High-Tier Prize - A prize of $1,000 or $20,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1183), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1183-0000001-001.

K. Pack - A pack of "MONEY TREE" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B, C and D configuration.

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MONEY TREE" Instant Game No. 1183 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "MONEY TREE" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either WINNING NUMBER play symbol, the player wins PRIZE shown for that number. If a player reveals a "DOLLAR BILL" play symbol, the player wins ALL 10 PRIZES instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

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

16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. The "DOLLAR BILL" (win all) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.

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

D. No more than two (2) matching non-winning prize symbols will appear on a ticket.

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

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

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

H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).

I. The top prize symbol will appear on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

A. To claim a "MONEY TREE" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to, pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "MONEY TREE" Instant Game prize of $1,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "MONEY TREE" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "MONEY TREE" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "MONEY TREE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 1183. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1183 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1183 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1183, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200900105

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 12, 2009

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

The Public Utility Commission of Texas (commission) received an application on January 5, 2009, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Cebridge Acquisition, L.P. d/b/a Suddenlink Communications for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36554 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the city limits of Coahoma and Reno, Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 36554.

TRD-200900092

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 9, 2009

The Public Utility Commission of Texas received an application on January 9, 2009, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Time Warner Cable for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36576 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the City of Elgin, Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 36576.

TRD-200900164

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 5, 2009, for approval of a special amortization, from January 1, 2008 through March 31, 2011, for digital electronic switch equipment and circuit equipment - digital subscriber carrier equipment. Further, the application seeks adoption of a previously-approved depreciation rate, effective January 1, 2009, pursuant to §52.252 and §53.056, of the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED (Vernon 2007 & Supplemental 2008) (PURA). A summary of the application follows.

Docket Title and Number: Application of Mid-Plains Rural Telephone Cooperative, Inc. (Mid-Plains) for Approval of a Special Amortization and Adoption of Depreciation Rate for New Class of Property Pursuant to P.U.C. Substantive Rule §26.206, Docket Number 36552.

The Application: Mid-Plains requested approval of a special amortization over a 39-month period, from January 1, 2008 to March 31, 2011, for Account Number 2212.000 - Digital Electronic Switch and for Account Number 2232.500 - Circuit Equipment - Subscriber Carrier. Mid-Plains stated that due to advances in new technologies and the need to meet demand for anticipated, expanded, and enhanced broadband services, it will be necessary to replace the equipment sooner than anticipated. In addition, Mid-Plains requested adoption of an 8.33% depreciation rate for a new class of property, soft switch equipment, effective January 1, 2009. The depreciation rate and parameters used to determine the rate will be similar to that expected by Mid-Plains and was previously approved by the commission in Application of Wes-Tex Telephone Cooperative, Inc. for Approval of Depreciation Rate Increase Pursuant to P.U.C. Substantive Rule §26.206, Docket Number 29940, Notice of Approval (September 7, 2005).

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 36552.

TRD-200900095

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 9, 2009

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 6, 2009, for designation as an eligible telecommunications carrier (ETC) and eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.418 and §26.419, respectively.

Docket Title and Number: Application of XIT Telecommunication & Technology, Ltd. for Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider. Docket Number 36563.

The Application: XIT Telecommunication & Technology, Ltd. is requesting ETC/ETP designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e) and P.U.C. Substantive Rule §26.417, the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs and ETPs for service areas set forth by the commission. XIT Telecommunication & Technology, Ltd. seeks ETC/ETP designation in the Hereford wire center (HRFRTXHF) in the service area of non-rural incumbent local exchange company, Southwestern Bell Telephone Company d/b/a AT&T Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by February 12, 2009. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 36563.

TRD-200900091

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 9, 2009

Notice is given to the public of an application for sale, transfer, or merger filed with the Public Utility Commission of Texas on January 5, 2009, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §39.158 (Vernon 2007 & Supplement 2008) (PURA).

Docket Style and Number: Application of Exelon Corporation, Exelon Xchange, and Exelon Generation Company, LLC Pursuant to §39.158 of the Public Utility Regulatory Act, Docket Number 36555.

The Application: Exelon Corporation, Exelon Xchange (Exelon Companies) and Exelon Generation Company, LLC (Exelon Generation) (collectively, Applicants) filed an application for approval of affiliation and consolidation with NRG Energy, Inc. (NRG). Applicants seek approval of the acquisition of voting securities of NRG and the subsequent restructuring and consolidation of the assets of Exelon Generation and NRG by the Exelon Companies. The affiliated or consolidated entity will own the generating assets currently owned by Exelon Generation and NRG. Exelon Xchange will be the surviving company and corporate parent of NRG and its subsidiaries.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 36555.

TRD-200900090

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 9, 2009

Notice is given to the public of the filing on January 7, 2009, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215. The applicant will file the LRIC study on or after January 19, 2009.

Docket Title and Number: Application of Verizon Southwest, Inc. for Approval of LRIC Study for Optional, Nonbasic Service of Business Category Search Pursuant to P.U.C. Substantive Rule §26.215, Docket Number 36571.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 36571. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 36571.

TRD-200900094

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 9, 2009

Notice is given to the public of Ganado Telephone Company, Inc. (Ganado Telephone) application filed with the Public Utility Commission of Texas (commission) on December 31, 2008, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.

Tariff Control Title and Number: Application of Ganado Telephone Company, Inc. for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171; Tariff Control Number 36549.

The Application: Ganado Telephone Company, Inc. (Ganado Telephone) filed an application with the commission, pursuant to the P.U.C. Substantive Rule §26.171, to implement minor rate changes to its monthly Residential, Business rates and certain non-recurring service charges. The proposed effective date for the proposed rate changes is May 1, 2009. The estimated annual revenue increase recognized by Ganado Telephone is $47,314 or less than 5% of Ganado Telephone's gross annual intrastate revenues. Ganado Telephone has 2,585 access lines (residence and business) in service in the state of Texas.

If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by March 13, 2009, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).

Persons wishing to comment on this application should contact the Public Utility Commission of Texas by March 13, 2009. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 36549.

TRD-200900163

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 2009

Notice is hereby given to the public of the January 7, 2009, filing with the Public Utility Commission of Texas (commission) of the petition of the Electric Reliability Council of Texas (ERCOT) for approval of re-election of unaffiliated directors.

Docket Style and Number: Petition of the Electric Reliability Council of Texas for Approval of Re-Election of Unaffiliated Directors, Docket Number 36566.

The Application: ERCOT seeks approval of re-election of unaffiliated directors of the ERCOT Board. The commission has jurisdiction over this matter pursuant to Public Utility Regulatory Act, Texas Utilities Code Annotated §39.151 (Vernon 2007 and Supplement 2008). ERCOT's corporate members approved the re-elections of Michehl Gent and Jan Newton as unaffiliated directors. Mr. Gent and Ms. Newton were re-nominated on November 17, 2008, by the nominating committee and re-elected by the membership at the Annual Meeting on December 9, 2008. Mr. Gent's term expires in February 2009 and Ms. Newton's term expires in August 2009. The re-elected unaffiliated directors will serve the remainder of their current terms and will then continue serving pending commission consideration for approval.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or 1-800-735-2989. All correspondence should refer to Docket Number 36566.

TRD-200900093

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 9, 2009

Request for Proposals: Rural Performance and Quality Improvement Program

The Office of Rural Community Affairs (ORCA) seeks to procure the services of a qualified independent organization to coordinate, manage and expand the existing statewide rural performance and quality improvement Network (PI/QI) for Texas small rural hospitals; focusing on quality improvement, measurement and increasing the number of hospitals reporting to the Centers for Medicare and Medicaid Services (CMS) Hospital Compare public reporting database for hospital quality measures.

DEADLINE: Proposals must be received by ORCA by close of business day on February 9, 2009 . Proposals submitted electronically or by facsimile transmission will not be accepted and will not be eligible for funding. Projected Start Date of Project is February 15, 2009.

Program Goals: The purpose of this program is to continue and expand the current statewide, rural performance and quality improvement network which is based on the balanced scorecard (BSC) framework and to assist rural hospitals to deliver high-quality care, increase patient safety, reduce medical errors, improve hospital performance and assist CAHs with the CART reporting process.

Eligibility, Qualification, and Program Specifications: Organizations with demonstrable experience and history in working with Texas rural hospitals with balanced scorecards, performance measurement, quality of care and patient safety are eligible to respond to this Request for Proposals (RFP). ORCA invites qualified Applicants to submit proposals for the management of a cost-effective, rural performance and quality improvement program. Responses showing ways to partner with the Texas Medical Foundation Health Quality Institute and experience working with the CMS Abstraction and Reporting Tool (CART) are strongly preferred. Selected Applicant will work with ORCA staff as necessary to ensure achievement of program goals.

Availability of Funds: This program is supported by funds from the Medicare Rural Hospital Flexibility (Flex) Program, Grant No. H54RH00055, and the Small Rural Hospital Improvement Program (SHIP), Grant No. H3HRH00002, awarded by the U.S. Department of Health and Human Services, Health Resources and Services Administration's (HRSA) Office of Rural Health Policy (ORHP). ORCA may commit up to $200,000 for this program for FY 2009.

Project Period: The project period will be approximately 11 months and will begin from the date of the award contract. The project period may be extended, by mutual agreement, for one (1) year subject to the availability of funding.

Screening, Evaluation and Selection of Proposals: Proposals will be screened for eligibility and completeness. Incomplete responses and those that do not meet the guidelines and requirements in this RFP will not be evaluated; remaining responses will be evaluated for funding considerations based on the evaluation criteria in the RFP. Selected Applicant will receive the Notice of Grant Award (NGA) and the Award Contract from ORCA. The announcement of selection is not legally binding until an award contract is fully executed. Proposals submitted in response to this RFP will remain with ORCA and will not be returned. ORCA neither accepts any obligation by the retention of these proposals, nor commits to awarding any contract as a result of this RFP.

Contact Person: To obtain a copy of the application and guidance, please contact:

Office of Rural Community Affairs

1700 North Congress, Suite 220

Austin, Texas 78701

Attn: Cindy Miller

Email: cmiller@orca.state.tx.us

Telephone: (512) 936-6701 or 800-544-2042

TRD-200900066

Charles S. (Charlie) Stone

Executive Director

Office of Rural Community Affairs

Filed: January 7, 2009

Aviation Division - Request for Proposal for Aviation Engineering Services

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

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

Current Project: City of New Braunfels. TxDOT CSJ No. 0915NBRNF. Scope: Phase 1: Overlay and mark a portion of the northeast parking apron, Taxiways A, B, C, D, E, F, terminal apron and Runway 13-31; overlay/relocate jog in Taxilane A to Taxiway A; improve drainage; regrade ditches; replace inlet grates. Phase II: Replace MIRLs on Runway 13-31; install MITLs Taxiway A; replace PAPI-4 on Runway 13; install signage; and relocate/replace lighting vault at the New Braunfels Municipal Airport.

The DBE/HUB goal for the current project is 12%. TxDOT Project Manager is Harry Lorton, P.E.

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

1. Construct Taxiway G from mid field Runway 17-35 to main terminal

2. Construct new Taxiway G from Apron to Runway 17/Taxiway E intersection

3. Overlay/reconstruct additional portions of Northeast Parking Apron

4. Reconstruct and Mark Runway 17-35

5. Rehabilitate and Mark Hangar Apron and Taxilane

6. Install abbreviated ALS

7. Install REIL Runway 31

8. Install PAPI-4 Runway 17-35

Please note:

The City of New Braunfels is allowing interested consultants to visit the airport only on the two dates listed below:

February 3, 2009 from 1:30 - 5:00 and February 4, 2009 from 8:00 - 12:00.

Interested persons may come any time during these hours. Airport staff will be on site to address questions as need arises. Please do not call the city to set appointments.

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

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

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

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

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

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

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format.

The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

Seven completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than February 17, 2009, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Sheri Quinlan.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each.

The criteria for evaluation engineering proposals can be found at

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

All firms will be notified and the top rated firm will be contacted to begin fee negotiations.

The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Sheri Quinlan, Grant Manager. For technical questions, please contact Harry Lorton, Project Manager.

TRD-200900111

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 12, 2009

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

Airport Sponsor: City of Paris. TxDOT CSJ No.: 09MPPARIS. Prepare airport planning studies which include, but are not limited to, Airport Master Planning (information regarding existing and future conditions, proposed facility development to meet existing and future demand, constraints to develop, anticipated capital needs, financial considerations, management structure and options, as well as an updated Airport Layout Plan), noise analyses, environmental analyses, land use planting, pavement conditions surveys, drainage studies, and airspace analyses.

There is no DBE goal. TxDOT Project Manager is Sandra Braden.

Interested firms shall utilize the latest version of Form AVN-551 titled "Aviation Planning Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at

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

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-551, firms are encouraged to download Form AVN-551 from the TxDOT website as addressed above. Utilization of Form AVN-551 from a previous download may not be the exact same format. Form AVN-551 is a PDF Template.

Please note:

Six completed, unfolded copies of Form AVN-551 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than February 17, 2009, at 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Delia Lopez Molina.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluation of consultants for airport planning projects can be found at

http://www.txdot.gov/services/aviation/consultant.htm.

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

Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Delia Lopez Molina, Grant Manager. For technical questions, please contact Sandra Braden, Project Manager.

TRD-200900182

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 14, 2009

Invitation for Consultants to Provide Offers of Consulting Services

In accordance with Texas Government Code, Chapter 2254, Texas A&M University-Kingsville (the "University") is seeking responses from consultants through a Request for Proposals (RFP) number B900019.

The University is looking for a consultant firm with professional and experienced staff to evaluate the University Compensation System and to make recommendations for a comprehensive compensation program based on a market study as per the Scope of Work described in the RFP.

The study requires in-depth expertise in job analysis, access to compensation information for a broad scope of employees and extensive experience in policy development for compensation programs as well as extensive experience in job classification administration.

The consulting firm will assist in the development and implementation of a job evaluation system, evaluate current positions and assist in the development of relevant pay policies.

The firm will also review and recommend appropriate salary ranges, classification plan and FLSA compliance.

The University President has made a finding that the Consulting Services are necessary.

While the University has a substantial need for the Consulting Services, the University does not currently have staff with expertise or experience with the Consulting Services and the University cannot obtain such Consulting Services through a contract with another state governmental entity.

The award for services will be made by the process indicated in Request for Proposals.

The University will: (1) base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and (2) if other considerations are equal, give preference to a consultant firm whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.

The individual to be contacted with an offer to provide such consulting services or to obtain a copy of the Request for Proposals B900019 for the consulting services identified in this invitation is:

Ralph W. Stephens

MSC 212

700 University Boulevard

Kingsville, Texas 78363

Phone: (361) 593-3814

Email: procurement@tamuk.edu

The proposal submission deadline will be February 23, 2009.

TRD-200900067

Don Barwick

HUB and Procurement Manager

The Texas A&M University System

Filed: January 8, 2009