Texas Department of Agriculture

Prohibited Noncommercial Cotton Administrative Penalty Matrix

The Texas Agriculture Code (the "Code") §12.020 confers administrative authority on the Texas Department of Agriculture (the department) to assess administrative penalties against any person who violates provisions of Chapter 74 of the Code or a rule adopted pursuant to Chapter 74. The department has implemented stricter enforcement procedures for prohibited noncommercial cotton to reduce hostable habitat for the boll weevil and advance boll weevil eradication in the state. The department hereby establishes an interim prohibited noncommercial cotton administrative penalty matrix.

Three factors are to be considered when assessing administrative penalties: (1) the number of weeks, or portion of a week, the field or property has been out of compliance; (2) the number of acres out of compliance; and (3) any efforts by the producer or landowner to comply with a notice issued by the department. These factors were developed in accordance with §12.020(d) of the Code and with consideration of the purpose and function of the cotton pest control program. The longer a field is left undestroyed or untreated and the more acres that are not in compliance, the greater the probability that boll weevils will cause damage, reproduce, and enter diapause. Diapausing insects represent a threat the following season to cotton in neighboring fields.

PROHIBITED NONCOMMERCIAL COTTON PENALTY FORMULA

A penalty for failure to destroy prohibited noncommercial cotton plants or enter into a compliance agreement with the department within fourteen days of notification by the department of prohibited noncommercial cotton in a field or property will be calculated using the following formula: the penalty will consist of a base amount of $250 per field plus an adjustable amount of $5.00 per acre per each 7 days, or for each portion of a 7 day period, of noncompliance.

Calculation of the number of weeks, or each portion of a week, a field is out of compliance will be counted beginning on the fifteenth day after the official notification to the land operator until the day on which an inspection of the field was found to be compliant.

If a field or property is brought into compliance within fourteen days of the date of notification by the department, no penalty will be assessed. To the extent that the land operator brings a portion of the total acreage into compliance after fourteen days from date of notification of prohibited noncommercial cotton, the department may reduce the adjustable portion of a penalty up to 50%.

The department may increase the adjustable portion of a penalty up to 50% if in any of the previous three years the operator/landowner has committed a violation that resulted in a penalty for prohibited noncommercial cotton. The department also may make reductions in the adjustable portion of a penalty based upon extenuating circumstances as justice may require.

This interim penalty matrix is effective immediately upon publication in the Texas Register. However, the department is seeking comments on the interim matrix from interested persons. Comments on the penalty matrix may be submitted to Dr. Robert Crocker, Coordinator for Pest Management and Citrus Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of this interim matrix in the Texas Register. Any changes to the penalty matrix resulting from comments received will be published in the final matrix and will supersede this interim matrix upon its publication in the Texas Register.

TRD-200901610

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: April 29, 2009

Statement of Purpose. The Texas Department of Agriculture (TDA) requests information for the delivery of broadband service to unserved and underserved Texans. TDA anticipates seeking grants administered through the National Telecommunications and Information Administration (NTIA) and/or the Rural Utilities Service of the United States Department of Agriculture to secure funds for a statewide mapping project, and possibly also for broadband service delivery expansion into more unserved and underserved areas of the state. These funds have been appropriated in the American Recovery and Reinvestment Act (ARRA) of 2009 and TDA is taking this action in anticipation of decisions from the federal agencies on how they will use state governments to administer the funds. This is not a request for proposals but the information submitted will be helpful in developing such a request once the federal agencies make administration decisions.

Pursuant to the initiatives set forth in Broadband Data Improvement Act of 2008 (hereinafter "BDIA"), 47 U.S.C. 1301, et seq., the TDA anticipates the mapping project will be utilized to: (1) provide a baseline assessment of broadband service deployment in the State of Texas; (2) identify and track areas that have low levels of broadband service deployment, the rate at which residential and business users adopt broadband service and other related technology information services, and possible suppliers of such services; (3) identify barriers to the adoption by individuals and businesses of broadband service and related technology information services, including whether or not the demand for services is absent or the supply for such services is capable of meeting the demand for such services; (4) identify the speeds of broadband connections made available to individuals and businesses within the State of Texas; (5) create or facilitate, in accordance with the BDIA a local technology planning team to benchmark technology use across relevant community sectors, set goals for improved technology use within each sector; and develop a tactical business plan for achieving its goals, with specific recommendations for online application development and demand creation; (6) establish a plan to work collaboratively with broadband service providers and information technology companies to encourage deployment and use, especially in unserved areas and areas in which broadband penetration is significantly below the national average, through the use of local demand aggregation, mapping analysis, and the creation of market intelligence to improve the business case for providers to deploy; (7) establish a plan to improve computer ownership and Internet access for unserved areas and areas in which broadband penetration is significantly below the national average; (8) collect and analyze detailed market data concerning the use and demand for broadband service and related information technology services; (9) develop a plan to facilitate information exchange between public and private sectors regarding the use and demand for broadband services between public and private sectors; and (10) create within the State of Texas a geographic inventory map of broadband services, including the data rate benchmarks utilized by the Federal Communications Commissions which reflect different speed tiers, which shall identify gaps in such service through geographic information system mapping and provide a baseline assessment of statewide broadband deployment in terms of households with high speed availability.

Eligibility. Responses will be accepted from contractors with proven experience in delivering statewide broadband mapping, and that can specifically address the initiatives and capabilities set forth in the BDIA. Customer references and a list of completed projects will be required. Additionally, companies with business interest in broadband service delivery and contractors with expertise in broadband service delivery are encouraged to submit information on the topics requested.

Response to RFI. Each response must include the following information:

a. Overview of the Company

Provide a description of the company, including general experience and history in performing broadband mapping services or experience with broadband service delivery, date founded, number and location of offices, total number of professionals and employees in the company, description of specialty practice areas and company philosophy. Describe structure of company ownership (e.g., publicly held corporation, partnership, etc.) any parents, affiliates or subsidiaries of the company.

b. Detailed Plan of the Proposed Broadband Mapping Service

Information provided should include, but not be limited to, responses to the following questions and requests:

(1) Describe the approach your company would take in preparing a map of existing facilities with respect to the following matters: geographic granularity, identification of facilities based on speed tiers and broadband technology, feasibility of integrating a state map into a searchable national database, access by telecommunications providers and public entities to mapping information, and updating the map after the completion of the initial mapping.

(2) In identifying areas that are underserved or unserved, describe the approach your company would take to assess demand for broadband service and the long-term feasibility of broadband service. How would important public and quasi-public users, such as education, health, law enforcement, and local government institutions be incorporated into the assessment?

(3) What steps would your company take to ensure widespread participation of broadband providers and potential providers in the collection of data and the representation of their facilities on the broadband map, including steps to address issues relating to confidentiality of competitively sensitive information and other challenges that may arise?

(4) Please provide an estimate of the cost of preparing a broadband map for the State of Texas. Specify the major tasks that would be included in preparing the map. NOTE: TDA may identify specific project parameters in a possible subsequent request for proposals. Submissions to this current request for information will be used only for informational purposes and it is understood that the cost estimates in subsequent submissions will vary according to those project parameters.

(5) How long would it take your company to complete the broadband map from the date of an award of a contract by the State of Texas?

(6) Please list any prior experience your company has in preparing comprehensive broadband maps for other states.

(7) Does your company have recommendations on how the State of Texas could satisfy its 20% matching obligation under the BDIA? Could your company assist the State of Texas in identifying organizations that would participate in satisfying the match obligation?

(8) Could your company provide assistance in preparing a BDIA grant request for funds for mapping?

(9) Would a broadband map prepared by your company assist the State of Texas in establishing programs to improve computer ownership and Internet access for underserved and unserved areas? If so, how?

Text should be no less than 10-point font type size (Times New Roman or Arial).

The Next Steps. This Request for Information (RFI) is issued solely to assist TDA in its planning processes and for data collection purposes. It does not constitute a Request for Qualifications (RFQ), a Request for Proposals (RFP), or other solicitation document, nor does it represent a definite intention to issue an RFQ or RFP in the future. This RFI does not commit the department to contract for any supply or service whatsoever.

TDA will review all responses that are timely submitted. If funds become available to TDA through the ARRA for this purpose, the department will determine the best plan for broadband mapping and pursue developing it. As the next step, all persons who are interested in developing a broadband inventory map of Texas would be requested to submit their proposal for developing this product.

Deadline for Submission of Responses. Responses to this request should be submitted to Mr. Rick Rhodes, Assistant Commissioner for Rural Economic Development, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. The street address is 1700 North Congress, 11th Floor, Austin, Texas 78711. Fax: (888) 216-9867, e-mail: rick.rhodes@texasagriculture.gov. Submissions must be received no later than 5:00 p.m. on May 15, 2009.

TDA will send an acknowledgement receipt by email indicating the response was received.

Assistance and Questions. Please contact Rick Rhodes (512) 463-7577 or by email at rick.rhodes@texasagriculture.gov with any questions you may have.

TRD-200901613

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: April 29, 2009

Statement of Purpose

The Texas Department of Agriculture (TDA) is requesting proposals for educational exchange opportunities under the Texas-Mexico Agriculture Exchange Program. The purpose of this program is to provide an educational exchange to share information and improve understanding between Mexican and Texas agricultural producers on agricultural production and trade in both states. TDA recently signed a Memorandum of Understanding with the Corporation for Rural Agriculture of Nuevo Leon to implement this program. This will provide a partnership for identifying high quality exchange participants who are appropriately positioned in the Mexican agricultural industry and will therefore establish lasting international business partnerships.

Eligibility

Proposals will be accepted from any producer association, industry organization or university located in the state of Texas.

Program Description

Under the terms of the program, participating organizations will host an exchange participant for a certain term to provide educational training and information sharing regarding the organization's agriculture sector. The exchange participant will work with the host agricultural operation or in an agribusiness and participate in industry activities to gain knowledge about production practices and industry structure.

Exchange participants will be 18-40 years of age, have at least one year of experience working on a farm, ranch or related agribusiness, be enrolled in an educational program in their home country and/or have a recommendation from their home producer or agribusiness organization; have no record of criminal violations; have a passport and obtain all necessary visa documentation; and have proof of medical insurance.

The term of the exchange can be a one-month to six-month term, depending on the needs of the exchange participant and hosting entity. Participating organizations can structure the term of each exchange according to the needs of the applicant and participant and schedule of industry activities.

Upon receipt of proposals, TDA will share the opportunities with participating Mexican states. TDA will assist in matching participants with host organizations. TDA will also provide assistance in identifying opportunities to introduce exchange participants to state and federal government agricultural policies during the term of the exchange.

Funding

Host organizations should provide room and board for the participant as well as transportation costs to any industry events/opportunities included in the exchange. Participants are responsible for the travel expenses to and from the exchange location.

Proposal Requirements

Interested entities should submit an application containing the following information:

1. Host organization contact information regarding exchange.

2. Anticipated term of the exchange.

3. Detailed description of the training and educational opportunities the exchange participant will have as a guest of your organization.

4. Identification of host agricultural operations or businesses and room and board available for the participant.

The preferred application is included as Attachment 1 to this RFP.

Submission Dates/Locations

Proposals should be submitted via mail or e-mail at the addresses below. A hard copy or electronic copy of the proposal must arrive no later than 5:00 p.m. on June 31, 2009 to the following address:

Physical Address:

Texas Department of Agriculture, Attn: Jason Fenton, 1700 N. Congress Ave., 11th Floor, Austin, TX 78701.

Mailing Address:

Texas Department of Agriculture, Attn: Jason Fenton, P.O. Box 12847, Austin, TX 78711.

The electronic copy should be submitted to: Jason.Fenton@TexasAgriculture.gov.

Questions

Questions regarding this program should be directed to Jason Fenton, with the Texas Department of Agriculture via e-mail at: Jason.Fenton@TexasAgriculture.gov, or via telephone at (512) 475-1615.

Attachment 1 (.pdf)

TRD-200901594

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: April 28, 2009

Texas Clean Air Act Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of a civil enforcement lawsuit under the Texas Clean Air Act and the Texas Water Code. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed Agreed Final Judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Acts.

Case Title and Court: Approval of Agreed Final Judgment in Harris County, Texas and the State of Texas v. Reytec Construction Resources, Inc., et al.; Cause No. 2007-28176, in the 281st Judicial District Court, Harris County, Texas.

Background: This suit alleges violations of the Texas Clean Air Act and the Texas Administrative Code. The defendants Reytec and Magnum have reached an agreement resolving the issues in the case. The suit seeks civil penalties and attorney's fees. The Clean Water Act violations are for rupturing a propane pipeline during a construction project in Harris County. Flammable and toxic gas from the rupture resulted in evacuations of the area for three days.

Proposed Agreed Final Judgment: The Agreed Final Judgment awards $75,500 in civil penalties to the State and Harris County. The State and Harris County will divide the awarded amount. The Agreed Final Judgment also awards the State $2,500 in attorney's fees.

For a complete description of the proposed settlement, the complete Agreed Final Judgment should be reviewed. Requests for copies of the judgments, and written comments on the proposed settlement should be directed to Ryan Fite, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.

TRD-200901561

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: April 27, 2009

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 April 17, 2009, through April 23, 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 web site. The notice was published on the web site on April 29, 2009. The public comment period for this project will close at 5:00 p.m. on May 29, 2009.

FEDERAL AGENCY ACTIONS:

Applicant: Town of South Padre Island; Location: The project is located within the southern approximate 6.25 miles of beachfront in the Town of South Padre Island (Town), and the northern 6.25 miles of Park Road 100 Right-of-Way (ROW) north of the Town, Cameron County, Texas. The project can be located on the U.S.G.S quadrangle map entitled: Port Isabel NW, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 14; Easting: 683160; Northing: 2890585. Project Description: The applicant proposes to amend an existing Department of the Army Permit No. 22190(01). Under the proposed amendment, the applicant would conduct larger scale beach nourishment activities within the previously authorized 6.25-mile shoreline. In addition to the previously authorized sand borrow area located within the State Highway 100 ROW, the applicant is requesting to borrow sand from a beneficial use area located near the entrance of the Brazos Santiago Pass and four offshore ridge sand sources. CCC Project No.: 09-0116-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01276 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: Genesis Producing Company; Location: The project is located in Copano Bay in State Tracts (STs) 97, 112, and 113, approximately 8.1 miles northwest of Rockport, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Bayside, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 14; Easting: 681852; Northing: 3107396. Project Description: The applicant proposes to construct a new 5,305-foot, 8-inch diameter pipeline from an existing surface well location in ST 97 and tie it in to an existing pipeline in ST 113. CCC Project No.: 09-0117-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00739 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: Genesis Producing Company; Location: The project is located in Copano Bay in State Tract 115, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle maps entitled: Rockport and Lamar, Texas. Approximate UTM Coordinates in NAD 83 (meters): Proposed ST 115 Well 1: Zone 14; Easting: 679319; Northing: 3106671. Existing Pipeline tie-in: Zone 14; Easting: 679350; Northing: 3106740. Project Description: The applicant proposes to install, operate and maintain a well structure, flowlines and production platform for the production, transportation and sale of oil and gas resources. Once the new well is complete, the applicant proposes to construct an 8-inch diameter 487-foot flowline to tie in to an existing platform in ST 115. CCC Project No.: 09-0118-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00866 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: Genesis Producing Company; Location: The project is located in Copano Bay in State Tract 95, approximately 8.0 miles northwest of Rockport, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle maps entitled: Bayside, Texas. Approximate UTM Coordinates in NAD 83 (meters): Proposed ST 95 Well 1: Zone 14; Easting: 679793; Northing: 3098319. Existing Pipeline tie-in: Zone 14; Easting: 679828; Northing: 3107581. Project Description: The applicant proposes to install, operate and maintain a well structure, flowlines and production platform for the production, transportation and sale of oil and gas resources. Once the new well is complete, the applicant proposes to construct a 8-inch diameter 337-foot flowline to tie in to an existing platform in ST 95. CCC Project No.: 09-0119-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00867 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: Kirby Inland Marine; Location: The project is located in Old River, at 18350 Market Street, in Channelview, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Highlands, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 300007; Northing: 3297180. Project Description: The applicant proposes to mechanically dredge a barge fleeting area to a depth of -15 feet below mean low tide. Approximately 22,000 cubic yards of material is proposed to be removed. The applicant proposes to place dredged material in uplands on their property at their Buffalo Bayou Barge Fleeting Facility. This Dredge Material Placement Area was previously permitted under permit #19003(04). CCC Project No.: 09-0132-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01691 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Harvest (US) Holdings, Inc.; Location: The project is located near Alligator Point, in West Bay, in Brazoria County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Sea Isle, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 294855; Northing: 3229191. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities at two locations within the project area. Such activities include dredging for access, installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, flowlines and pipelines. The proposed dredged material disposal areas shown in the project plans are potential sites; however, no further specific details were provided at this time. CCC Project No.: 09-0135-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-01236 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: STP Nuclear Operating Company; Location: The project is located on the Colorado River, at 6865 FM 521, in Wadsworth, Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Matagorda, Texas and Palacios NE, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 207053; Northing: 3183388. Project Description: The applicant proposes to amend Permit No. 10570 to repair approximately 1,600 feet of bank revetment along the Colorado River. Sheet piling will be installed, with approximately 1,700 cubic yards of rock for backfill material, and 400 cubic yards of riprap or A-jacks protection will be placed outside the sheet pile and around the blowdown discharge pipes. CCC Project No.: 09-0142-F1. Type of Application: U.S.A.C.E. permit application #SWG-1994-02054 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: T-C Oil Company; Location: The project is located in Aransas and Refugio Counties, Texas, and includes Mission Bay, areas around the city of Bayside in Refugio County, and a portion of Copano Bay. The project can be located on the U.S.G.S. quadrangle maps entitled: Bayside, Mission Bay, Woodsboro, Twin Mott Lake, Lamar, and St. Charles Bay, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; SE Corner, Bayside Quad, Easting: 675000; Northing: 3106900; SW Corner, Woodsboro Quad, Easting: 665000, Northing: 3115250; NW Corner Twin Mott Lake Quad, Easting: 694500; Northing: 3132200; NE Corner St. Charles Bay Quad, Easting: 696700, Northing: 3123050. Project Description: The applicant proposes to conduct standard 3-D seismic survey operations within an approximate 123-square-mile area located in Aransas and Refugio Counties that includes Mission Bay and a portion of Copano Bay. CCC Project No.: 09-0143-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00999 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: Wesley Dishon; Location: The project is located at the Idylwood Street and East Roundbunch Road intersection, in Bridge City, Orange County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Orangefield, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 421420; Northing: 3322581. Project Description: The applicant would like to obtain an after-the-fact permit. The applicant has dredged two (2) canals adjacent to Cow Bayou (the North Canal and a portion of the South Canal). CCC Project No.: 09-0148-F1. Type of Application: U.S.A.C.E. permit application #SWG-2003-01748 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: Port of Galveston (Galveston Wharves); Location: The project is located on the Galveston Ship Channel, at the Port of Galveston wharves along Harborside Drive, in Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates in 83 (meters): Zone 15; Easting: 326729; Northing: 3244217. Project Description: The proposed project will provide for the closure and fill of numerous slips. Each slip will be backfilled with clean structural fill through the use of dump trucks, backhoes, draglines or pipeline to an elevation equal to or greater than the existing dock faces. The closure will consist of the installation of a retaining structure or sheet-pile wall across the entrance of each slip. The retaining structure will be placed in front of the slips along with a combination of silt fencing and booms to contain the fill materials and ensure water quality. CCC Project No.: 09-0150-F1. Type of Application: U.S.A.C.E. permit application #SWG-2000-02800 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 Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200901614

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: April 29, 2009

Notice of Issuance

Request for Qualifications for Independent Examining Services for the Texas Comptroller of Public Accounts, #192h

A. Pursuant to Chapter 111, Subchapter A, §111.0045, Texas Tax Code, the Comptroller of Public Accounts (the Comptroller) issues this Request for Qualifications (RFQ #192h) from qualified independent persons or firms to perform certain services described below. As a clarification, as used in this RFQ #192h and the Comptroller's rules codified at 34 TAC §3.3, the services under any contracts resulting from this RFQ mean tax compliance examination services; such services do not include any attestation services or rendition of an opinion of any nature by any such contractors.

B. The Comptroller issued this RFQ #192h by posting it on the Electronic State Business Daily on May 8, 2009, and, by publishing this RFQ #192h in the May 8, 2009 issue of the Texas Register. The Comptroller solicits a Statement of Qualifications pursuant to Chapter 2254, Subchapter A, of the Texas Government Code from persons or firms that are interested in contracting with the Comptroller to perform examinations that meet the requirements of §111.0045, Texas Tax Code, administrative rules adopted and procedures established by the Comptroller under that statute, and other applicable law. The Comptroller has adopted a rule governing contract examiners as codified at 34 TAC §3.3. Under this RFQ, the Comptroller reserves the right to select and contract with one or more persons or firms to conduct these examinations on an as-needed basis. No minimum amount of examinations or compensation is guaranteed to any selected contractor.

C. The Comptroller solicits Statements of Qualifications in response to this RFQ from existing contract examiners as well as qualified persons or firms not currently or previously under contract with the Comptroller. All respondents, including contract examiners selected under previous RFQs must attend the Mandatory Orientation conducted by the Comptroller prior to receipt of any examination packages under any contract awarded under this RFQ. HOWEVER, RESPONDENTS THAT ARE EXISTING CONTRACTORS AND HAVE RECEIVED AN OFFICIAL NOTICE OF INTENT TO RENEW A CONTRACT THROUGH AUGUST 31, 2010 DO NOT NEED TO SUBMIT A RESPONSE TO THIS RFQ. The contract term under this RFQ shall be for one year ending August 31, 2010 with two (2) renewal options of one (1) year each exercised one (1) year at a time.

D. By this contract examination program, the Comptroller intends to increase the number of examinations of taxpayers. The Comptroller has implemented a program to contract with interested persons and firms that meet the following minimum qualifications and other reasonable qualifications established by the Comptroller consistent with §111.0045, Texas Tax Code, the Comptroller's administrative rules and procedures and other applicable law.

E. The Comptroller will accept Statements of Qualifications in response to this RFQ from firms and individuals that have the following minimum qualifications:

(i) a bachelor's degree from an accredited senior college or university with a minimum of twenty-four (24) hours of accounting, including six (6) hours of intermediate accounting and three hours of auditing; and

(ii) one (1) year of experience in Texas tax auditing, accounting, or other Texas tax services.

F. For state fiscal year 2010 beginning September 1, 2009, the Comptroller will select, in its sole discretion, those qualified contract examiners to perform examinations on an as-needed and as-assigned basis that the Comptroller identifies as appropriate for inclusion in such contracts. At the time of assignment, the Comptroller will provide selected contract examiners with a preliminary examination package containing the identity and requisite information for each taxpayer that will be examined under the contract. The contracts will provide for one or more awards of not to exceed $180,000 firm fixed price payment to the examiner upon successful completion of the assigned examinations (final examination package) and the Comptroller's written acceptance of the examination report and other contract deliverables, including workpapers. Awards shall be based on the qualifications of the examiners proposed in the Statement of Qualifications submitted. Individual examiners submitting Statements of Qualification who have no other examiner employees shall be considered, in the Comptroller's sole discretion, for one (1) initial $60,000 award and an additional award contingent upon satisfactory performance during the designated milestone periods. Firms in the form of any business entity that may lawfully perform examinations and which have two (2) or more examiners may be considered, in the Comptroller's sole discretion, not to exceed $180,000 per fiscal year during the Contract term, for multiple initial awards per firm of $60,000 for each qualifying examiner and additional awards contingent upon satisfactory performance during the designated milestone periods. Barring unforeseen circumstances only one (1) round of initial awards will be made at the beginning of the one (1) year initial contract term; however, the Comptroller reserves the right, in its sole discretion, to make additional awards during the one (1) year initial contract term. The Comptroller reserves the right, in its sole discretion, to reallocate, after their initial assignment, examination packages among contract examiners based on the Contractor's substantial performance or non-performance under the Contract terms so as to increase or decrease the number of examinations assigned to a particular contract examiner. Payment will be made in accordance with the terms of the Contract. Each Contract will require the examiner to perform and complete the examinations, including the examination reports, for a group of taxpayers that, based on historical examination completion data, should require about 1280 person hours of work for each $60,000 amount to complete at the rate of $46.88 per hour. The estimated hours will be calculated based on the average number of hours required in the past to complete the examinations of each type of business during a period to be determined at the sole discretion of the Comptroller, notwithstanding the fact that a previous examination of a specific taxpayer or business may have required more or less hours than the average. Examiners will be paid for assigned work completed to date in $10,000 increments (except the last payment, if applicable) upon completion of a set number of the examinations assigned as determined by the Comptroller and, upon submission to and acceptance by the Comptroller as provided in the Agreement.

G. In performing assigned examinations and for the contracted lump sum payments, selected contract examiners will complete all work necessary to identify the correct amount of tax that should have been reported by each taxpayer and provide the Comptroller with the data and other information necessary to support any assessment of tax or refund of tax that results from the examination report. Selected contract examiners will also provide any time reports and other written documentation required by the Comptroller. The Comptroller will not make any payments in advance.

H. Under this RFQ, the maximum contract amount paid to any individual examiner without additional examiner employees, an individual examiner with additional examiner employees or a firm with multiple examiners will not exceed $180,000.00 for any state fiscal year during the term of the contract or any extensions.

I. Selected contract examiners must complete all work and submit all examination reports, workpapers and other deliverables no later than required under the terms of the proposed Agreement.

J. Selected contract examiners must meet professional conflict of interest standards and other standards established by the Comptroller to ensure the independence of each assigned examination.

K. Regarding prior employment with the Comptroller, the following provisions shall apply in determining eligibility for contract awards, if any, resulting from this RFQ:

L. Section 2252.901, Texas Government Code reads as follows:

"(a) A state agency may not enter into an employment contract, a professional services contract under Chapter 2254, or a consulting services contract under Chapter 2254 with a former or retired employee of the agency before the first anniversary of the last date on which the individual was employed by the agency, if appropriated money will be used to make payments under the Agreement. This section does not prohibit an agency from entering into a professional services contract with a corporation, firm, or other business entity that employs a former or retired employee of the agency within one year of the employee's leaving the agency, provided that the former or retired employee does not perform services on projects for the corporation, firm, or other business entity that the employee worked on while employed by the agency."

It is the Comptroller's policy that an individual employed by the Comptroller during the last twelve (12) months may not provide services under the Contract as individual or employee of Contractor or another Contractor and may not receive any compensation under the Contract. The twelve (12) month period is measured from the date of separation from Comptroller employment until the date responses to this RFQ are due as stated in this RFQ.

Section 572.054, Texas Government Code, reads in pertinent part as follows:

"(b) A former state officer or employee of a regulatory agency who ceases service or employment with that agency on or after January 1, 1992, may not represent any person or receive compensation for services rendered on behalf of any person regarding a particular matter in which the former officer or employee participated during the period of state service or employment, either through personal involvement or because the case or proceeding was a matter within the officer's or employee's official responsibility.

(c) Subsection (b) applies only to:

(1) a state officer of a regulatory agency; or

(2) a state employee of a regulatory agency who is compensated, as of the last date of state employment, at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule, including an employee who is exempt from the state's position classification plan."

This §572.054(b) prohibition against working on matters that the former employee participated in while employed by the Comptroller applies without limitation to any such past actions by the employee even if longer than twelve (12) months, if the employee's compensation exceeded $33,000 annually while employed by the Comptroller at any time during that employee's employment with the Comptroller. Again, it is the Comptroller's policy interpretation that "matter" includes specific examinations of taxpayers.

M. Time is of the essence in implementation of this program. Respondents to this RFQ must be available to begin accepting assignments no later than September 1, 2009 upon completion of orientation or other timelines established by the Comptroller for such implementation. The Comptroller anticipates awarding multiple Agreements as a result of this RFQ and will not entertain negotiation of the basic terms and conditions. All respondents will be offered the same contract terms and conditions. Respondents should not respond to this RFQ if they cannot agree to the terms and conditions of the sample Agreement. Any resulting Agreements are non-exclusive and the Comptroller may issue additional solicitations for the contracted services at any time. The Comptroller is not obligated to assign any examinations to recipients of contract awards.

N. Questions; Proposed Contract: Questions concerning this RFQ must be in writing and submitted via hand delivery, facsimile, or e-mail no later than May 22, 2009, 2:00 p.m., Central Zone Time (CZT) to Thomas H. Hill, Assistant General Counsel, Contracts, General Counsel Division, Comptroller of Public Accounts, 111 E. 17th Street, ROOM 201, Austin, Texas, 78774, telephone number: (512) 305-8673, facsimile (512) 463-3669 or e-mail at contracts@cpa.state.tx.us. The Comptroller's official response to questions received by this deadline will be posted as an addendum to the Electronic State Business Daily notice as soon as possible after receipt; the Comptroller expects to post these official responses no later than May 29, 2009 or as soon thereafter as practicable. Respondents should note that the Official Response to Questions may contain information modifying the terms and conditions of the RFQ, revising or amending the RFQ and/or other documents attached to the RFQ. For these reasons, respondents should carefully review and consider the Official Response to Questions, amendments or modifications before submitting their Statements of Qualification. A copy of the sample contract, the standard form Respondent Questionnaire described below, mandatory Execution of Statement of Qualifications Form, Required Checklist for Statements of Qualification, and other required documents are all attached to this RFQ for reference and use by respondents.

O. Closing Date: An original with original ink signatures on each document within the Statement of Qualifications requiring signatures and ten (10) hard copies of each Statement of Qualifications clearly marked as copies must be overnighted or hand delivered to and received in the Office of the Assistant General Counsel, Contracts, at the address specified above no later than 2:00 p.m. (CZT), on June 12, 2009. Statements of Qualification received after this time and date will not be considered. No Statements of Qualification will be accepted in any other format or media other than hard copy. Respondents shall be solely responsible for confirming the timely receipt of Statements of Qualifications.

P. Content: Statements of Qualifications must include all of the following information in order to be considered:

1. Checklist in format of Exhibit F to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

2. Transmittal letter that (a) describes specific experience and qualifications of both the firm and each individual in the conduct of state tax examinations; and (b) outlines the respondent's understanding of §111.0045, Texas Tax Code, other relevant provisions of the Texas Tax Code and other related enabling legislation related to conduct of these examinations on an as needed basis;

3. Respondent Identifying Information.

The respondent must provide the following identifying information:

a. name and address of the individual or business entity submitting the proposal;

b. names of all principals;

c. type of business entity (i.e. sole proprietorship, corporation, partnership, limited liability company, etc);

d. state of incorporation or organization and principal place of business (attach copies of articles or other certificates showing official approval by the pertinent governmental entity);

e. name and location of each local examination facility that relates to the respondent's performance under this RFQ;

f. name, address, business and home telephone number, fax number, cell phone number, and e-mail address of the respondent's principal contact person regarding the Contract;

g. the respondent's Federal Employer Identification Number and Texas Tax Identification/Registration Number, if any;

h. full name and address, telephone number, fax number, cell phone number and e-mail address for each shareholder, member, partner, and employee of the respondent who will perform services on the Contract;

i. detail any firm ownership changes which have occurred in the last three years. Are any changes pending?

j. detail any joint ventures or affiliations.

4. Respondent Questionnaire Exhibit A to the RFQ for each individual who will be involved in the project. The Respondent Questionnaire must be on the form contained on the addenda to the Electronic State Business Daily notice of issuance of this RFQ. The response to the RFQ must disclose all personnel who will perform professional services under the terms of the Agreement. Respondent understands only those persons disclosed by the Respondent Questionnaire will be admitted to the required orientation classes. Other equally qualified persons may be substituted, upon prior written consent of the Comptroller, for medical reasons or if the original examiner proposed leaves the firm responding to the RFQ. However, the preceding provisions shall not apply if the examiner disclosed is a sole proprietor or if the examiner disclosed is the sole principal in a business entity responding to this RFQ and no other principals or employees are equally qualified. This provision will be strictly enforced. All information on the Respondent Questionnaire form must be fully filled out and complete in all respects. Evaluation of respondents will be based in part on the information on this form and it is vitally important that the information be fully complete and accurate. Failure to submit a complete, separate, and signed Respondent Questionnaire detailing all courses, dates, and subject of courses by each person who applies to perform examination services may result in disqualification of the Statement of Qualifications;

5. A sample Examination Plan providing a list of the examination procedures and resources that will be utilized to conduct these examinations on an as needed basis if selected by the Comptroller. The Examination plan should list or describe the actual procedures to be used in sufficient detail so as to demonstrate an understanding of internal control, record keeping, and taxpayer reporting responsibilities for sales tax and the appropriate examination procedures necessary for verification of correct amounts of tax. The sample Examination Plan must include all items contained in the General Audit Checklist section of the Comptroller's Auditing Fundamentals Manual, Chapter 3, and all items contained in the Audit Plan published in Chapter 4 of the Comptroller's Sales Tax Audit Policy/Procedures Manual. The sample examination plan should include all necessary procedures and instructions for completing those procedures in sufficient detail to allow any person who meets the one year experience requirement in 34 TAC §3.3 to properly perform a sales and use tax examination with minimal supervision. If portions of any Comptroller publication, manual, or other document are used to prepare the examination plan or incorporated into the plan, the most current version must be used. The Comptroller's audit manuals may be found at the following internet location:

http://www.window.state.tx.us/taxinfo/audit/auditman.htm. Also see the Comptroller's Auditing Fundamentals Manual, Chapter 3 and 4 at http://www.window.state.tx.us/taxinfo/audit/auditfun/3aplan.htm and http://www.window.state.tx.us/taxinfo/audit/auditfun/4entranc.htm, respectively. Chapters 3 and 4 of the Sales Tax Policy/Procedure Manual are at http://www.window.state.tx.us/taxinfo/audit/salestax/3a.htm and http://www.window.state.tx.us/taxinfo/audit/salestax/4a.htm, respectively;

6. Proposed sample Workplan (including Timeline, Tasks and Deliverables) to implement each of the examinations after assignment, including (a) methods for deploying personnel and equipment to perform the examinations timely and otherwise in accordance with each contractual requirement; (b) methods for making personnel available for orientation and examination; (c) date availability for each of the personnel to perform assigned examinations; (d) methods for conducting preliminary (prior to receipt of taxpayer questionnaire) and final (after receipt of taxpayer questionnaire) conflicts checks regarding actual or potential conflicts of interest and notifying the Comptroller prior to accepting or beginning an assignment; and (e) an understanding of the Audit Flowchart Timelines contained in the appendix of the Comptroller's Audit Fundamentals Manual;

7. Statement of whether or not the respondent is a Historically Underutilized Business (HUB) and its efforts and willingness of the respondent to comply with the HUB requirements of Texas law and administrative rules and regulations. In order to be a Historically Underutilized Business, a respondent must be registered as such with the Comptroller's Texas Purchasing and Support Services Division to its rules and regulations concerning the same. You may check the website at http://www.window.state.tx.us/procurement/prog/hub/hub-certification/ or call the Comptroller's HUB Coordinator, Hilda Galaviz at (512) 463-3911;

8. Confirmation of understanding of and willingness to comply with the policies, directives, rules, procedures and guidelines of the Comptroller and other Standards of Performance established by the Comptroller for the conduct of the assigned examinations;

9. Confirmation of understanding of and willingness to adhere to all provisions of the sample Agreement, including, without limitation, the proposed fee arrangements, as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

10. Completed, initialed where applicable, and signed Execution of Statement of Qualifications Form on Exhibit B as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

11. Completed and signed Nondisclosure Agreement on the form set out on Exhibit D to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

12. Signed letter or letters from a qualified insurance agent or agents containing quotations for ALL OF the required insurance coverages described in Section VIII of the Sample Agreement for Professional Services attached to this RFQ as Exhibit C and stating that the coverages are available to the respondent upon selection, if any, of the contract examiner pursuant to this RFQ. In the alternative, respondents may submit current certificates of insurance showing the required coverage is already in force and in effect. Failure to provide information on EACH of the required coverages may result in disqualification of the Respondent's Statement of Qualifications. Respondent's insurance agents shall be ready to immediately issue policies and certificates upon notification of the respondent's selection. Time is of the essence and no Agreements will be executed without the coverage required. A successful respondent's preliminary selection may be rescinded due to failure to have the required insurance coverage by the time set by the Comptroller;

13. Completed, signed, and initialed where applicable Criminal History Certification on the form set out on Exhibit E to this RFQ as posted on the addenda to the Electronic State Business Daily notice of issuance of this RFQ;

14. Signed Statement of representation that the respondent and any persons holding equity interests in respondent and all persons listed as examiners in its Statement of Qualifications are neither respondents under any other Statement of Qualifications responding to this RFQ, nor are employed by, contracted with, and do not own any equity or debt interest in any other respondent to this RFQ; and

15. Compliance with any amendments, modifications, or other requirements and changes to the RFQ set out in the Official Response to Questions in connection with this RFQ and posted by the Comptroller on the Electronic State Business Daily prior to the Closing Date for this RFQ.

The above 15 items shall be submitted in the respondent's Statement of Qualification as separate and independent numbered sections corresponding to the above items. Failure to properly label and fully respond to each of the 15 items above may result in disqualification of the respondent but the Comptroller reserves the right to waive minor variations in responses in the best interests of the Comptroller and of the State of Texas.

Q. Mandatory Orientation Session: All respondents must attend, at their sole cost and expense, mandatory orientation session to be conducted by the Comptroller in Austin on July 28, 2009 through July 30, 2009 or as soon thereafter as possible. Questions regarding this mandatory session should be submitted prior to the deadline for submission of other written questions on this RFQ.

R. Evaluation and Award Procedure: All qualifying Statements of Qualifications received by the deadline above will be evaluated based on the evaluation criteria set out on Exhibit G attached to and made a part of this RFQ. The Comptroller will make the final selections in accordance with Chapter 2254, Subchapter A, Texas Government Code in its sole discretion in the best interests of the Comptroller and the State of Texas. Successful Respondents will be notified by e-mail of their preliminary selection prior to the Mandatory Orientation Session. Notice of contract awards will be published in the Electronic State Business Daily and the Texas Register as soon as possible after all Agreements, if any, resulting from this Statement of Qualifications, are fully executed. Respondents who do not receive a preliminary selection e-mail notice before date the Orientation Session begins should assume that they were not selected although the official notice of award will be not be published at the time of the Mandatory Orientation Session but will be posted at the time stated in the Summary of Schedule in the last paragraph of this RFQ or as soon as practical thereafter. The Electronic State Business Daily may be accessed online at: http://esbd.cpa.state.tx.us/.

S. Protests. Protests regarding this RFQ or actions taken under it shall be governed by the Comptroller's rule located at 34 TAC §1.72, Protests of Agency Purchases.

T. Limitations: The Comptroller reserves the right to accept or reject any or all Statements of Qualifications submitted in response to this RFQ. The Comptroller reserves the further right to evaluate individual examiners employed by a firm or who are employees of a respondent and approve of contract examiners on an individual basis based on the evaluation criteria. The Comptroller is not obligated to execute any contract or contracts or any specific number of contracts as a result of issuing this RFQ. The Comptroller further reserves the right to issue additional RFQs or other solicitations for the contracted or similar services at any time as the Comptroller determines are necessary to ensure an adequate number of examiners for any assigned examination under this program or any similar program. The Comptroller shall pay no costs or any other amounts incurred by any entity in responding to this RFQ. The Comptroller reserves the right to award contracts on the basis of the need to achieve appropriate examination coverage in all geographical areas of the State of Texas and/or nationwide and to evaluate respondents in a manner that will best achieve this need.

U. Under House Bill 3430, 80th Texas Legislature, (transferring §2177.052, Texas Government Code, to Chapter 322, Texas Government Code and redesignating it as §322.020) and as per the following requirements, no later than two (2) business days after Successful Respondent's receipt of notice from the Comptroller of Successful Respondent's tentative contract award, Successful Respondent (and no other respondents) must deliver to the Comptroller four (4) electronic copies of its complete proposal. Successful Respondent shall deliver these electronic copies to the Comptroller via overnight delivery in compliance with all of the following requirements:

Two CDs, each containing a complete copy of the Successful Respondent's Proposal in searchable pdf format. A complete copy of the Proposal includes all documents contained in the Proposal submitted in response to this RFQ including those documents with Successful Respondent's signature. These two identical CDs should be entitled: "Complete copy of [Name of Successful Respondent]'s Proposal. Comptroller's RFQ No. 192h."

Two CDs, each containing a copy of Successful Respondent's Proposal, in searchable pdf format, which has excised, blacked out, or otherwise redacted information from its Proposal that Successful Respondent reasonably considers to be confidential and exempt from public disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code (this should be a de minimis portion, if any, of Successful Respondent's Proposal, such as social security numbers). Each CD shall also contain an Appendix for Successful Respondent's Proposal which provides a cross reference for the location of all information redacted by Successful Respondent and a general description of the redacted information. These two identical CDs should be entitled "For Public Release: Redacted Version of [Name of Successful Respondent]'s Proposal and Exhibits. Comptroller's RFQ No. 192h."

* The Legislative Budget Board (LBB) has now implemented this contracts database. See the LBB website at www.lbb.state.tx.us. The Comptroller shall upload to the LBB's contracts database the text of the complete contract (with limited redaction and appendix) no later than 10 days after date of contract award. In submitting a Proposal in response to this RFQ, Respondents acknowledge that they understand and accept this requirement.

V. Summary of Schedule: The anticipated schedule is as follows: Issuance of RFQ by publication in the May 8, 2009, issue of the Texas Register and issuance of RFQ, including sample contract, on the Electronic State Business Daily--May 8, 2009, 10:00 a.m. CZT; Questions Due--May 22, 2009, 2:00 p.m. CZT; Posting of Official Responses to Questions--May 29, 2009, 5:00 p.m. CZT or as soon thereafter as practical; Statements of Qualification Due--Friday, June 12, 2009, 2:00 p.m. CZT; Mandatory Orientation--July 28, 2009 through July 30, 2009; Contract Execution--August 14, 2009, or as soon thereafter as practical; Notice of Contract Awards posted on Electronic State Business Daily and Texas Register-- August 17, 2009 or as soon thereafter as practical; and Beginning of Examinations--September 1, 2009 upon completion of Orientation and Contract signature, or as soon thereafter as practical.

TRD-200901612

Pamela G. Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: April 29, 2009

Pursuant to Chapter 403 and Chapter 2156, Texas Government Code, and Chapter 54, Subchapter F, Texas Education Code, the Comptroller of Public Accounts (Comptroller) on behalf of the Texas Prepaid Higher Education Tuition Board (Board) announces its Request for Proposals (RFP #192g) for the purpose of obtaining Non-U.S. Equity Passive Index investment management services for the Board for the Texas Tomorrow Fund Guaranteed Tuition Plan (Texas Tomorrow Fund I). The selected contractor (Contractor) will advise and assist the Board and Comptroller in administering the Board's investment activities related to Non-U.S. Equity Passive Index Securities for Texas Tomorrow Fund I. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP on behalf of the Board so that the Board may move forward with retaining the necessary Contractor. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, Contractor will be expected to begin performance of the contract on or about September 1, 2009, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room 201, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on Friday, May 8, 2009, after 10:00 a.m. Central Zone Time (CZT) and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily (ESBD) at: http://esbd.cpa.state.tx.us after 10:00 a.m. CZT on Friday, May 8, 2009.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and Non-Mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. CZT on Friday, May 15, 2009. Prospective proposers are encouraged to fax Non-Mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. Non-Mandatory Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or about Friday, May 29, 2009, the Comptroller expects to post responses to questions on the ESBD. Late Non-Mandatory Letters of Intent and Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. CZT, on Friday, June 5, 2009. Late Proposals will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Proposals in the Issuing Office.

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

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - May 8, 2009, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - May 15, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - May 29, 2009; Proposals Due - June 5, 2009, 2:00 p.m. CZT; Contract Execution - September 1, 2009, or as soon thereafter as practical; Commencement of Services - September 1, 2009.

TRD-200901605

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: April 29, 2009

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/04/09 - 05/10/09 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 05/04/09 - 05/10/09 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

TRD-200901584

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 28, 2009

Public Hearing Notice

The Credit Union Department will conduct a public hearing on behalf of the Credit Union Commission for the purpose of receiving oral comments on the following proposed new and amended rules: §§91.208, 91.209, 97.101, 97.102, 97.107, 97.113, 97.114, 97.205, 97.207, 97.300, 91.802, and 91.8000. The public hearing will be held at 9:00 a.m. on May 15, 2009 at 914 East Anderson Lane, Austin, Texas 78752. To be considered, an oral comment must be received at this public hearing; at the conclusion of the hearing, no further oral comments will be considered or accepted by the Commission.

Persons with disabilities who are planning to attend the hearing and who have special communication or other accommodation needs should contact Linda Clevlen at the Credit Union Department at (512) 837-9236. Requests should be made as far in advance of the hearing as possible.

TRD-200901595

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 28, 2009

Request for Proposals

APCO P-25 Communications Infrastructure Project

I. Overview

The Deep East Texas Council of Governments (DETCOG) is now accepting bids for our APCO P-25 Communications Infrastructure Project. Bid documents may be picked up at the DETCOG office at 210 Premier Drive, Jasper, Texas 75951, through Wednesday, May 13, 2009, at 5 p.m.

II. Obtaining Full RFP and Submission Information

The full RFP can be obtained at: detcog.org, or by contacting:

Sheryl Benoit, Purchasing Agent

Phone: (409) 384-5704 ext. 230

Fax: (409) 384-5390

E-mail: sbenoit@detcog.org

Submission is due to DETCOG no later than 3 p.m. on May 18, 2009.

TRD-200901615

Walter G. Diggles, Sr.

Executive Director

Deep East Texas Council of Governments

Filed: April 29, 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 June 8, 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 June 8, 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: Child, Inc. dba Flat Creek Crossing Ranch; DOCKET NUMBER: 2008-1918-PWS-E; IDENTIFIER: RN105284301; LOCATION: Blanco County; TYPE OF FACILITY: public water supply (PWS); RULE VIOLATED: 30 Texas Administrative Code (TAC) §290.110(c)(4)(A) and (d)(1)(C)(ii), by failing to monitor the disinfectant residual at representative locations in the distribution system and by failing to possess a test kit to measure the disinfectant residual which employs a diethyl-p-phenylenediamine indicator; 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to operate the disinfectant equipment to maintain a free chlorine residual of 0.2 milligrams per liter throughout the distribution system; 30 TAC §290.46(r), by failing to maintain a minimum pressure of 35 pounds per square inch throughout the distribution system; 30 TAC §290.46(f), by failing to develop and maintain records of water works operation and maintenance activities; 30 TAC §290.41(c)(3)(K), by failing to properly seal the wellhead by a gasket or sealing compound and cover the well casing vent with 16-mesh or finer corrosion-resistant screen; 30 TAC §290.41(c)(3)(L), by failing to terminate the well blow-off line in a downward direction and at a point which will not be submerged by flood waters; 30 TAC §290.41(c)(3)(O), by failing to provide an intruder-resistant fence to protect the facility's well; 30 TAC §290.43(c)(3), by failing to provide an overflow cover that fits tightly with no gap over 1/16 inch for the facility's ground storage tank; and 30 TAC §290.42(e)(5), by failing to completely cover the hypochlorination solution container top to prevent the entrance of dust, insects, and other contaminants; PENALTY: $2,168; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(2) COMPANY: Conroe Independent School District; DOCKET NUMBER: 2009-0289-MWD-E; IDENTIFIER: RN102319746; LOCATION: Montgomery County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012205001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with permitted effluent limits for total suspended solids (TSS) and total ammonia nitrogen; PENALTY: $3,020; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Geaux Corporation; DOCKET NUMBER: 2008-1881-WQ-E; IDENTIFIER: RN105423826; LOCATION: Tyler, Smith County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and §305.125(1) and TPDES General Permit Number TXR15MI96, Part II Section D.1.b, by failing to renew authorization for storm water discharges associated with construction activities; 30 TAC §305.125(1), TPDES General Permit Number TXR15MI96, Part III Section F.2.a.i, and the Code, §26.121(a), by failing to adequately design erosion and sediment controls; and 30 TAC §305.125(1) and TPDES General Permit Number TXR15MI96, Part III Section F.2.c.1 and 3, by failing to construct a sediment basin for a common drainage location that services an area with ten or more acres disturbed at one time; PENALTY: $12,625; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: Harris County Fresh Water Supply District Number 61; DOCKET NUMBER: 2009-0200-MWD-E; IDENTIFIER: RN102183530; LOCATION: Harris County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010876002, Effluent Limits and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for ammonia-nitrogen (NH₃N); PENALTY: $4,600; ENFORCEMENT COORDINATOR: Jeremy Escobar, (512) 239-1460; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(5) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2009-0041-AIR-E; IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), Air Permit Numbers 19823 and 5952A, Special Condition (SC) Number 1, Federal Operating Permit (FOP) Numbers 1320 and 2288, SC Number 13, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1) and §122.143(4), FOP Number 1320, SC Number 2(f), and THSC, §382.085(b), by failing to report an emissions event within the 24-hour timeframe; PENALTY: $28,615; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: LI Holdings, Inc. (formerly known as Lide Industries, Inc.); DOCKET NUMBER: 2008-1926-AIR-E; IDENTIFIER: RN101698439; LOCATION: Mexia, Freestone County; TYPE OF FACILITY: tank manufacturing plant; RULE VIOLATED: 30 TAC §106.433(6)(A), Agreed Order Docket Number 2006-2045-AIR-E, Ordering Provisions 3(a)(iii) and (xi), New Source Review (NSR) Permit by Rule Registration Number 27190, and THSC, §382.085(b), by failing to comply with the ordering provisions of an agreed order and by exceeding permit by rule emissions limits; PENALTY: $28,378; Supplemental Environmental Project offset amount of $14,189 applied to Texas Parent Teacher Association - Clean School Bus Program; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: Montgomery County Municipal Utility District Number 15; DOCKET NUMBER: 2009-0228-MWD-E; IDENTIFIER: RN102184413; LOCATION: Montgomery County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011395001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permit effluent limits for NH₃ N; PENALTY: $950; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(8) COMPANY: David Golden dba Nema Enterprises; DOCKET NUMBER: 2007-1067-WQ-E; IDENTIFIER: RN103785259; LOCATION: Lumberton, Hardin County; TYPE OF FACILITY: sign manufacturing; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activities; PENALTY: $3,280; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(9) COMPANY: Jose Oliveros; DOCKET NUMBER: 2009-0567-WOC-E; IDENTIFIER: RN105691760; LOCATION: Bexar County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: Jon D. Piatt; DOCKET NUMBER: 2009-0564-OSI-E; IDENTIFIER: RN105053037; LOCATION: Denton, Denton County; TYPE OF FACILITY: on site sewage; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Post Oak Hill Water Supply Corporation; DOCKET NUMBER: 2009-0092-PWS-E; IDENTIFIER: RN101175438; LOCATION: Burleson County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes (TTHM); PENALTY: $355; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: Reed Parque Limited Partnership; DOCKET NUMBER: 2009-0271-MWD-E; IDENTIFIER: RN101516375; LOCATION: Harris County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013968001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for TSS and ammonia nitrogen; PENALTY: $2,700; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(13) COMPANY: Rolling Hills Water Service, Inc.; DOCKET NUMBER: 2009-0198-PWS-E; IDENTIFIER: RN101229177; LOCATION: Hood County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the MCL for TTHM; PENALTY: $355; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 2309 Grave Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: SUDAN FEEDYARD, INC.; DOCKET NUMBER: 2008-1633-MLM-E; IDENTIFIER: RN101514404; LOCATION: Sudan, Lamb County; TYPE OF FACILITY: cattle feedlot; RULE VIOLATED: 30 TAC §321.36(1) and Concentrated Animal Feeding Operation (CAFO) General Permit Part III.A.10(c), by failing to collect carcasses within 24 hours of death and properly dispose of the carcasses within three days of death; 30 TAC §335.6(a), by failing to notify the executive director that storage, processing, or disposal activities are planned, at least 90 days prior to engaging in such activities; and 30 TAC §305.125(1) and CAFO General Permit Part III.A.10(b), by failing to properly maintain earthern confinement pens to ensure good drainage and minimize ponding; PENALTY: $7,280; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(15) COMPANY: Texas Parks and Wildlife Department; DOCKET NUMBER: 2009-0083-PWS-E; IDENTIFIER: RN101230290; LOCATION: Brown County; TYPE OF FACILITY: state park with PWS; RULE VIOLATED: 30 TAC §290.42(f)(1)(E)(ii), by failing to provide adequate containment facilities for all liquid chemical storage tanks; 30 TAC §290.42(e)(4)(B), by failing to protect gas chlorination equipment and gas cylinders that are installed on the outside of a building from adverse weather conditions and vandalism; and 30 TAC §2980.42(d)(10)(C)(iv), by failing to provide clarification basins that are not equipped with mechanical sludge removal facilities with a side wall water depth of at least 12 feet; PENALTY: $1,095; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(16) COMPANY: The Crosby Group, Inc.; DOCKET NUMBER: 2009-0548-WQ-E; IDENTIFIER: RN103214631; LOCATION: Longview, Gregg County; TYPE OF FACILITY: iron and steel forgings; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(17) COMPANY: The Lubrizol Corporation; DOCKET NUMBER: 2008-1904-AIR-E; IDENTIFIER: RN101058410; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number 6221, SC Numbers 1 and 2.B., 40 CFR §60.18(c)(2), and THSC, §382.085(b), by failing to prevent unauthorized emissions and to maintain a constant pilot flame on the flare; and 30 TAC §101.201(a)(1)(B) and (c) and THSC, §382.085(b), by failing to report an emissions event and to submit a final report; PENALTY: $3,510; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: Thompson Water Company, Inc.; DOCKET NUMBER: 2008-1214-MWD-E; IDENTIFIER: RN102329752; LOCATION: Freestone County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011508001, Effluent and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for dissolved oxygen, five-day biochemical oxygen demand, and fecal coliform; PENALTY: $16,500; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(19) COMPANY: TransPecos Foods, L.P.; DOCKET NUMBER: 2009-0549-WQ-E; IDENTIFIER: RN102076635; LOCATION: Reeves County; TYPE OF FACILITY: frozen fruit; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.

(20) COMPANY: Trinity at Windfern LLC; DOCKET NUMBER: 2009-0327-MWD-E; IDENTIFIER: RN102916178; LOCATION: Harris County; TYPE OF FACILITY: mobile home park with wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013509001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for TSS and ammonia nitrogen; and 30 TAC §21.4 and the Code, §5.702, by failing to pay fees and associated late fees; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(21) COMPANY: Union Oil Company of California; DOCKET NUMBER: 2009-0269-IWD-E; IDENTIFIER: RN102596210; LOCATION: Jefferson County; TYPE OF FACILITY: oil warehousing and storage; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0000316000, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a), by failing to comply with permitted effluent limitations for total copper and pH; PENALTY: $8,400; ENFORCEMENT COORDINATOR: Carlie, Konkol, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(22) COMPANY: Eli Gravriel Sasson dba West Houston Mobile Home Park; DOCKET NUMBER: 2009-0024-MWD-E; IDENTIFIER: RN102182920; LOCATION: Houston, Harris County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014830001, Interim Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limits for ammonia nitrogen; and 30 TAC §305.125(17) and §319.7(d) and TPDES Permit Number WQ0014830001, Monitoring and Reporting Requirements Number 1, by failing to timely submit monthly discharge monitoring reports; PENALTY: $4,892; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(23) COMPANY: Whitehead Construction, Inc. dba Ponderosa Estates; DOCKET NUMBER: 2009-0550-WQ-E; IDENTIFIER: RN105705131; LOCATION: Ector County; TYPE OF FACILITY: construction company; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.

(24) COMPANY: Gail A. Wright; DOCKET NUMBER: 2009-0250-LII-E; IDENTIFIER: RN105168207; LOCATION: Plano, Collin County; TYPE OF FACILITY: irrigator; RULE VIOLATED: 30 TAC §344.24(a) (previously 30 TAC §344.70), by failing to comply with local regulations that require reasonable inspection requirements, ordinances, or regulations designed to protect the PWS; PENALTY: $356; ENFORCEMENT COORDINATOR: Michael Graham, (806) 796-7092; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200901580

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 28, 2009

The following notices were issued during the period of March 30, 2009 through April 23, 2009.

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

AQUA UTILITIES INC. which operates the Country View Estates water system, a reverse osmosis drinking water plant, has applied for a new permit, proposed Permit No. WQ0004860000, to authorize the disposal of reverse osmosis reject water at a daily average flow not exceed 15,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and evaporation ponds are located northeast of Medina Lake on Park Road 37, approximately 2.5 miles west of State Highway 16 and approximately 10.5 miles northwest of the City of Helotes, on County Scene Road, approximately 0.2 mile north of Park Road 37, Medina County, Texas.

CITY OF BELLVILLE has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010385002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located at 307 West Hickory Street, approximately 4,500 feet southwest of the Austin County Courthouse and approximately 1.0 mile south-southwest of the intersection of State Highway 36 and State Highway 159 with Farm-to-Market Road 1456 in the City of Bellville in Austin County, Texas.

SOUTH HAMPTON RESOURCE INC. which operates a bulk organic chemicals manufacturing plant, has applied for a minor amendment to clarify the reporting requirements for the two (2) separate discharges that occur and are reported at Outfall 003. The existing permit WQ0001403000 authorizes the discharge of process wastewater commingled with cooling tower blowdown, boiler blowdown, and storm water runoff at a daily average flow not to exceed 114,000 gallons per day via Outfall 001; storm water bypass, boiler blowdown, cooling tower blowdown, and steam condensate on an intermittent and flow variable basis via Outfall 002; storm water from the diked storage tank areas (tanks 52, 54, 55, 56, 57, 61, 64, 83 and 84) on an intermittent and flow variable basis via Outfall 003; and storm water from the diked storage tank area (product storage/shipment facility) on an intermittent and flow variable basis via Outfall 004. The facility is located the manufacturing plant is located on Farm-to-Market Road 418 West, approximately 1,000 feet north of the intersection of Farm-to-Market Road 418 and Farm-to-Market Road 1122, and 3.5 miles northwest of the City of Silsbee, Hardin County, Texas.

CITY OF LOCKNEY has applied for a renewal of Permit No. WQ0010211001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day via surface irrigation of 112 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 0.1 mile south of U.S. Highway 70 and 1.0 mile east of Farm-to-Market Road 378, and southeast of the City of Lockney in Floyd County, Texas.

BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 has applied for a renewal of TPDES Permit No. WQ0010797001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 675,000 gallons per day. The facility is located approximately 3/4 mile south southeast of Nolanville, on South Nolan Creek in Bell County, Texas.

CITY OF DICKENS has applied for a renewal of Permit No. WQ0011138001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 44,000 gallons per day via surface irrigation of 200 acres of privately owned farm land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 3,200 feet south of U.S. Highway 82 and one mile east of State Highway 70 in Dickens County, Texas. The wastewater treatment facility and disposal site are located in the drainage basin of Salt Fork Brazos River in Segment No. 1238 of the Brazos River Basin.

AQUA UTILITIES INC. has applied for a major amendment to TPDES Permit No. WQ0011193001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 800,000 gallons per day to a daily average flow not to exceed 960,000 gallons per day. The facility is located approximately 2,000 feet southeast of the intersection of Fisher and Brittmore Roads in Harris County, Texas.

AQUA DEVELOPMENT INC. has applied for a renewal of TPDES Permit No. WQ0014175001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 225,000 gallons per day. The facility is located approximately 2.5 miles east of the intersection of Farm-to-Market Road 360 and State Highway 36 in Fort Bend County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 152 has applied for a renewal of TPDES Permit No. WQ0014532001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 980,000 gallons per day. The facility is located along Rice Field Road, 3,600 feet southeast of the intersection of Farm-to-Market Road 2977 and Rice Field Road in Fort Bend County, Texas 77469.

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 94 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014656001 to reduce the Interim II phase daily average flow from 560,000 gallons per day to 355,000 gallons per day and authorize sludge transport to Blue Bell Manor Utility Co., Inc., TPDES Permit No. WQ0011473001. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,080,000 gallons per day. The facility is located approximately 8,300 feet southeast of the intersection of Springs Trails Ridge and Riley-Fuzzell Road on the north side of Spring Creek in Montgomery 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-200901606

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 29, 2009

Notice issued April 14, 2009 through April 22, 2009.

APPLICATION NO. 12393; Intercontinental Terminals Company, LLC, P.O. Box 698, Deer Park, Texas 77536, Applicant, has applied for a Water Use Permit to divert and use not to exceed 60 acre-feet of water per year from two diversion points on Buffalo Bayou (the Houston Ship Channel), tributary of the San Jacinto River, tributary of Galveston Bay, San Jacinto River Basin, for industrial purposes in Harris County. The application was received on November 7, 2008, and additional information was received on January 22, and February 19, 2009. Fees received on October 1, 2008, from a previously returned application were retained and applied to the current application. The application was declared administratively complete and accepted for filing on January 26, 2009. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 12-3575D; B.N. Huddleston, P.O. Box 109, DeLeon, Texas 76444, Applicant, has applied for an amendment to Certificate of Adjudication No. 12-3575 to extend or delete the expiration date of December 31, 2009 to divert and use water from three reservoirs on an unnamed tributary of Copperas (Rush) Creek and on Copperas (Rush) Creek, Brazos River Basin in Comanche County. More information on the application and how to participate in the permitting process is given below. The application and a portion of the fees were received on January 12, 2009. Additional information and fees were received on March 9 and 17, 2009. The application was accepted for filing and declared administratively complete on March 19, 2009. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

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

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

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

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

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

TRD-200901607

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 29, 2009

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 24, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. The Fort Worth Boat Club; SOAH Docket No. 582-08-2379; TCEQ Docket No. 2007-1117-MWD-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against The Fort Worth Boat Club on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.

TRD-200901608

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 29, 2009

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 27, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Rodney Hyer; SOAH Docket No. 582-09-2073; TCEQ Docket No. 2007-0553-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Rodney Hyer on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.

TRD-200901609

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 29, 2009

Request for Proposals #303-9-11601

The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), announces the issuance of Request for Proposals (RFP) #303-9-11601. TFC seeks a five (5) or ten (10) year lease of approximately 3,526 square feet of office space in Cleveland, Texas.

The deadline for questions is May 22, 2009, and the deadline for proposals is June 5, 2009, at 3:00 p.m. The award date is July 10, 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=82174.

TRD-200901602

Kay Molina

General Counsel

Texas Facilities Commission

Filed: April 28, 2009

The Texas Facilities Commission (TFC), on behalf of the Texas Department of Criminal Justice (TDCJ), announces the issuance of Request for Proposals (RFP) #303-9-11609. TFC seeks a five (5) or ten (10) year lease of approximately 12,441 square feet of office space in Fort Worth, Tarrant County, Texas.

The deadline for questions is May 19, 2009 and the deadline for proposals is May 29, 2009 at 3:00 p.m. The award date is July 15, 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=82183.

TRD-200901581

Kay Molina

General Counsel

Texas Facilities Commission

Filed: April 28, 2009

The Texas Facilities Commission (TFC), on behalf of the Texas Department of Criminal Justice (TDCJ), announces the issuance of Request for Proposals (RFP) #303-9-11647. TFC seeks a five (5) or ten (10) year lease of approximately 5,909 square feet of office space in Galveston County, Texas.

The deadline for questions is May 15, 2009, and the deadline for proposals is May 29, 2009, at 3:00 p.m. The award date is June 30, 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=82164.

TRD-200901593

Kay Molina

General Counsel

Texas Facilities Commission

Filed: April 28, 2009

The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), and the Department of Aging and Disability Services (DADS), announces the issuance of Request for Proposals (RFP) #303-9-11657. TFC seeks a five (5) or ten (10) year lease of approximately 14,060 square feet of office space in San Benito, Texas.

The deadline for questions is May 19, 2009 and the deadline for proposals is May 29, 2009 at 3:00 p.m. The award date is July 15, 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=82170.

TRD-200901583

Kay Molina

General Counsel

Texas Facilities Commission

Filed: April 28, 2009

The Texas Facilities Commission (TFC), on behalf of the Texas Animal Health Commission, announces the issuance of Request for Proposals (RFP) #303-9-11662. TFC seeks a five year lease of approximately 5,400 square feet of warehouse space in Rockdale, Texas.

The deadline for questions is May 15, 2009 and the deadline for proposals is May 22, 2009 at 3:00 p.m. The award date is June 17, 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=82158.

TRD-200901579

Kay Molina

General Counsel

Texas Facilities Commission

Filed: April 27, 2009

The Texas Facilities Commission (TFC), on behalf of the Office of the Attorney General, announces the issuance of Request for Proposals (RFP) #303-9-11663. TFC seeks a five or ten year lease of approximately 13,399 square feet of office space in San Antonio, Texas.

The deadline for questions is May 18, 2009 and the deadline for proposals is May 28, 2009 at 3:00 p.m. The award date is July 15, 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=82163.

TRD-200901620

Kay Molina

General Counsel

Texas Facilities Commission

Filed: April 29, 2009

The Texas Facilities Commission (TFC), on behalf of the Texas Parks and Wildlife Department, announces the issuance of Request for Proposals (RFP) #303-9-11670. TFC seeks a five year lease of approximately 1,227 square feet of office space in San Marcos, Texas.

The deadline for questions is May 19, 2009 and the deadline for proposals is May 29, 2009 at 3:00 p.m. The award date is July 15, 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=82159.

TRD-200901619

Kay Molina

General Counsel

Texas Facilities Commission

Filed: April 29, 2009

Public Notice

The Workforce Solutions Golden Crescent announces the availability of their Draft Strategic Plan Modification for October 1, 2009 through September 30, 2010 for public comment beginning May 13, 2009 through June 24, 2009. The plan can be viewed at Workforce Solutions Golden Crescent at one of the following locations: http://www.gcworkforce.org; 120 S. Main #501, Victoria, Texas; 1800 S. Highway 35 #H, Pt. Lavaca, Texas; 1137 N. Esplanade, Cuero, Texas; 329 W. Franklin, Goliad, Texas; 427 St. George #101, Gonzales, Texas; 903 S. Wells, Edna, Texas; 727 S. Promenade, Hallettsville, Texas; and 307 Crittenden St., Yoakum, Texas.

Programs provided by the Workforce Solutions Golden Crescent are Career Center services for the general public, including at a minimum Wagner-Peyser Employment Services; Workforce Investment Act services for adults, dislocated workers, and youth; Temporary Assistance for Needy Families Choices Program; Supplemental Nutrition Assistance Program Employment & Training; Project Reintegration of Offenders; TAA/NAFTA/TAA; Child Care Services; Child Care Training, and Communities In Schools programs. Eligible program beneficiaries who reside in Calhoun, DeWitt, Goliad, Gonzales, Jackson, Lavaca, and Victoria Counties may be provided appropriate employment and educational services through these programs.

All persons wishing to comment on the Strategic Plan may do so at one of the addresses above or by fax to (361) 573-0225 no later than June 24, 2009. Corrections and changes to this notice and/or the Strategic Plan may be found on our website at http://www.gcworkforce.org.

TRD-200901624

Henry Guajardo

Executive Director

Golden Crescent Workforce Development Board

Filed: April 29, 2009

Notice of Adopted Reimbursement Rate for Large, State-Operated Intermediate Care Facilities for Persons with Mental Retardation

Adopted Rates. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) has adopted the following per diem reimbursement rates for large, state-operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR).

Per Diem Rates for Large, State-Operated ICF/MR Services Large State-Operated ICF/MR Facilities-Medicaid Only clients Adopted interim daily rate: $409.98

Large State-Operated ICF/MR Facilities-Dual-eligible Medicaid/Medicare clients Adopted interim daily rate: $392.41

HHSC conducted a public hearing on March 30, 2009, to receive public comment on the proposed rates. The hearing was held in accordance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires that public hearings be held on proposed reimbursement rates before such rates are approved by HHSC. The proposed rates and public hearing notice were published in the March 6, 2009, issue of the Texas Register (34 TexReg 1749). The adopted rates are to be effective September 1, 2008.

Methodology and Justification. The adopted rates were determined in accordance with the rate setting methodologies codified at Texas Administrative Code (TAC) Title 1 Chapter 355, Subchapter D, §355.456(e), relating to Reimbursement Determination for State-Operated Facilities. The rate changes are being made based on actual and projected increases in costs to operate these facilities.

TRD-200901577

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 27, 2009

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the award of contract #529-08-0187-00002 to Altarum Institute, an entity with a principal place of business at 3520 Green Court, Suite 300, Ann Arbor, Michigan 48105. The contractor will provide Court-Ordered ("Children and Pregnant Women (CPW)") study (in compliance with Frew, et al. v. Hawkins, et a1.) of the CPW population which is comprised of Class Members who have health conditions/risks or high-risk pregnancies and have a need for case management services to prevent illness(es) or medical condition(s) to maintain function or slow further deterioration and who want case management services.

The total value of the contract with Altarum Institute is $758,644.25. The contract was executed on April 23, 2009 and will expire (in sixteen months) on or about August 23, 2010, unless extended or terminated sooner by the parties. Altarum Institute will produce numerous documents and reports during the term of the contract, with the final reporting due by (450 days after start) or on or about July 19, 2010.

TRD-200901589

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 28, 2009

Request for Proposals: Campaign to Develop a College-Going Culture in Texas

PURPOSE: The three (3) major objectives of the Campaign to Develop a College-Going Culture in Texas are as follows:

To increase awareness of and build support for the Texas College and Career Readiness Standards;

To develop a commitment among stakeholders to create a college-going culture in Texas public schools that prepares all students for a post-secondary education; and

To clarify the processes of applying for admission and student financial aid.

The audiences of the Campaign include:

Business and community leaders at the state and local level;

Leaders, including faculty, of public and higher education institutions in Texas; and

Parents and students in the public school system.

AWARDING OF CONTRACT: Agreement/Contract will be negotiated with an entity that is selected from among the Applicants who submit a Proposal under a Request for Proposals (RFP) and that are determined through the evaluation process to have a successful Proposal. Submission of a Proposal confers no rights of Applicant to an award or to a subsequent Contract/Agreement, if there is one. The issuance of the RFP does not guarantee that a Contract/Agreement will ever be awarded. THECB reserves the right to amend the terms and provisions of the RFP, negotiate with Applicant, add, delete, or modify the Contract/Agreement and/or the terms of Proposal submitted, extend the deadline for submission of Proposal, or withdraw the RFP entirely for any reason solely at THECB's discretion. An individual Proposal may be rejected if it fails to meet any requirement of the RFP.

INQUIRIES: All inquiries shall be directed to Laurie Frederick, Program Specialist, at Laurie.Frederick@thecb.state.tx.us.

Applicant must not discuss a Proposal with any other THECB employee unless authorized by the Point of Contact. Questions must be submitted in writing and received no later than May 15, 2009 at 5:00 p.m. CST. All responses by THECB must be in writing in order to be binding. Any information deemed by THECB to be important and of general interest or which modify requirements of the RFP shall be sent in the form of an addendum to all Applicants that have submitted a Notice of Intent or a Proposal.

CLOSING DATE: June 30, 2009.

TRD-200901592

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: April 28, 2009

Homelessness Prevention Rapid Re-Housing Program

Notice of Funding Availability (NOFA)

I. Background and Purpose of Homelessness Prevention Rapid Re-Housing Program funds.

The Homelessness Prevention Rapid Re-Housing Program (HPRP) funds, funded through the U.S. Department of Housing and Urban Development, are to be utilized for the provision of financial assistance, housing relocation and stabilization services, data collection and evaluation, and administrative costs. HPRP is designed to be part of a continuum of assistance to enable persons who are homeless or at risk of homelessness to maintain housing. The intent of HPRP is to transition program participants rapidly to stability, either through their own means or with public assistance, as appropriate. HPRP is not intended to provide long-term support for program participants (no more than eighteen (18) months). HPRP will fund homelessness prevention assistance to individuals and households who would otherwise become homeless--many due to the economic crisis--and to assistance to re-house persons rapidly who are homeless, as defined by §103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. §11303).

The Texas Department of Housing and Community Affairs (Department) has been notified that the HPRP award for Texas is $41,472,772. The funds will be awarded based on a competitive process and on the results of the review of applications submitted in response to this NOFA.

II. Notice of Funding Availability (NOFA).

The Department will accept applications in response to the HPRPR NOFA through May 22, 2009.

III. NOFA Qualifications.

Applicants responding to this NOFA must meet the qualifications of the NOFA and must be either a unit of general local government or a private non-profit organization with an existing status as a §501(c) tax-exempt entity as defined by the Internal Revenue Service.

IV. Proposed Contract Period.

The proposed contract period is August 2009 through July 2011.

V. Minimum and Maximum Amount of Request.

The minimum amount that can be requested is $250,000 and the maximum amount that can be requested is $1,000,000 per application.

VI. Application Deadline and Availability.

The Homelessness Prevention Rapid Re-Housing Program NOFA will be posted on the Department's website: http://www.tdhca.state.tx.us/recovery/detail-homelessness.htm and organizations on the Department's list serve will receive an e-mail notification that the NOFA is available on the Department's web-site as well as current CSBG and Emergency Shelter Grants Program subrecipients.

Deadline for Receipt: Friday, May 29, 2009 by 5:00 p.m. CST

Mailing Address:

Ms. Rita D. Gonzales-Garza, Project Manager

Community Services Section

Texas Department of Housing and Community Affairs

Post Office Box 13941

Austin, Texas 78711-3941

(All U.S. Postal Service including Express)

Courier Delivery:

221 East 11th Street, 1st Floor

Austin, Texas 78701

(FedEx, UPS, Overnight, etc.)

Hand Delivery: If you are hand delivering the application, contact J. Al Almaguer at (512) 475-3908 (Al.Almaguer@tdhca.state.tx.us) or Aurora Carvajal at (512) 475-1187 (a.carvaja@tdhca.state.tx.us) when you arrive at the lobby of our building for application acceptance.

HPRP NOFA Application Workshop

May 7, 2009, 8:00 a.m. - 5:00 p.m. in Austin, Texas at The Commons Center, JJ Pickle Research Campus, 10100 Burnet Road (off Mopac/Loop 1, exit Braker), building #137. Persons do not need to register to attend workshop. Attendance is not mandatory and will not be a factor in awarding HPRP funds.

Questions. Questions pertaining to the content of the Homelessness Prevention Rapid Re-Housing Program NOFA may only be directed to Rita Gonzales-Garza at (512) 475-3905 (rita.garza@tdhca.state.tx.us) and Stuart Campbell at (512) 463-7961 (stuart.campbell@tdhca.state.tx.us).

TRD-200901582

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 28, 2009

Request for Proposals - Contract Financial Monitoring

The Houston-Galveston Area Council (H-GAC) solicits qualified individuals or firms to provide financial monitoring services for the Gulf Coast Workforce system for the American Recovery and Reinvestment Act of 2009. The successful bidder or bidders will be offered a contract, beginning on or around June 16, 2009 through October 31, 2009. H-GAC may renew the contract for up to a full year depending on our need for additional monitoring services and a contractor's performance.

Prospective bidders may obtain a copy of the Request for Proposals online at http://www.theworksource.org or by contacting Carol Kimmick at (713) 627-3200 or by sending email to carol.kimmick@h-gac.com. Responses are due at H-GAC offices by 12:00 noon Central Daylight Time on Tuesday, May 19, 2009. Late proposals will not be accepted. There will be no exceptions.

TRD-200901603

Jack Steele

Executive Director

Houston-Galveston Area Council

Filed: April 29, 2009

Company Licensing

Application for admission to the State of Texas by COLONY SPECIALTY INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Columbus, Ohio.

Application to change the name of AIG SUNAMERICA LIFE ASSURANCE COMPANY to SUNAMERICA ANNUITY AND LIFE ASSURANCE COMPANY, a foreign life company. The home office is in Phoenix, Arizona.

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

TRD-200901616

Brenda Caldwell

Assistant General Counsel

Texas Department of Insurance

Filed: April 29, 2009

Instant Game Number 1196 "Bonus Break the Bank"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1196 is "BONUS BREAK THE BANK". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1196 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1196.

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, MONEY STACK SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $500, $1,000, $7,500 and $75,000.

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. 1196 - 1.2D

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

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

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

H. High-Tier Prize - A prize of $1,000, $7,500 or $75,000.

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 (1196), 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: 1196-0000001-001.

K. Pack - A pack of "BONUS BREAK THE BANK" 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 "BONUS BREAK THE BANK" Instant Game No. 1196 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 "BONUS BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose 38 (thirty-eight) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the LUCKY NUMBERS play symbols within the same game, the player wins prize shown for that number. If a player reveals a "MONEY STACK" play symbol, the player wins prize shown 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 38 (thirty-eight) 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 38 (thirty-eight) 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 38 (thirty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 38 (thirty-eight) 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. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

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

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

E. A non-winning prize symbol will never be the same as a winning prize symbol.

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

G. The MONEY STACK (auto win) play symbol will never appear more than once in a game, but may appear once in both games on tickets that win 2 or more times.

H. No YOUR NUMBER play symbol in one game will match a LUCKY NUMBER play symbol in the other game.

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

2.3 Procedure for Claiming Prizes.

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

B. To claim a "BONUS BREAK THE BANK" Instant Game prize of $1,000, $7,500 or $75,000, 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 "BONUS BREAK THE BANK" 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 "BONUS BREAK THE BANK" 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 "BONUS BREAK THE BANK" 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 15,000,000 tickets in the Instant Game No. 1196. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1196 - 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. 1196 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. 1196, 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-200901574

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 27, 2009

Request for Proposals to Develop a Regional Rideshare Application

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

NCTCOG is requesting written proposals from consultant firms to develop a regional internet-based rideshare software application for the Dallas-Fort Worth region. The application will allow commuters to locate and establish carpool and vanpool matches and determine the status of seating availability in existing pools. The application will link commuters located throughout the North Central Texas region. It will also assist regional transit agencies in their quest to match carpool and vanpool users. The rideshare application will be fully integrated into the existing NCTCOG Try Parking It website and will build upon existing application code to ensure a seamless connection to the Try Parking It website. Restrictions will be placed on the use of the existing code to activities directly related to the development of the rideshare application for NCTCOG. Engineering services are not anticipated for this effort.

Due Date

Proposals must be received no later than 5:00 p.m., Central Daylight Time, on Friday, June 5, 2009, to Sonya Jackson, Principal Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the Request for Proposals, contact Therese Bergeon, at (817) 695-9267.

Contract Award Procedures

The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.

Regulations

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

TRD-200901621

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: April 29, 2009

Notice of Application for Approval of Code of Conduct and Organizational Structure

Notice is given to the public of the filing on April 3, 2009, with the Public Utility Commission of Texas (commission) of an application for approval of code of conduct and organizational structure as required by PURA §39.157. The filing is required prior to securing a Certificate of Convenience and Necessity for specific facilities.

Docket Title and Number: Application of Wind Energy Transmission Texas, LLC for Approval of its Code of Conduct and Organizational Structure, Docket Number 36856 before the Public Utility Commission of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 22, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36856.

TRD-200901622

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 29, 2009

Notice is given to the public of an application for determination of system restoration costs filed pursuant to the Public Utility Regulatory Act, Texas Utility Code Annotated §14.001 and Senate Bill 769.

Docket Style and Number: Application of Entergy Texas, Inc. for Determination of 2008 System Restoration Costs, Docket Number 36931.

The Application: On April 21, 2009, Entergy Texas, Inc. (ETI) filed with the Public Utility Commission of Texas (commission) an application for determination that system restoration costs of $577,506,566 following Hurricanes Ike and Gustav, incurred through February 28, 2009, plus certain estimates, were and are reasonable and necessary to enable ETI to restore electric service to its customers and ETI's electric utility infrastructure. Specifically, ETI requests a commission determination (1) that the incurred and estimated costs are eligible for recovery and securitization; (2) authorizing ETI's carrying cost rate; and (3) approving the manner in which the system restoration costs will be functionalized and allocated in a subsequent proceeding. ETI's application included witness testimonies in support of its application, a proposed protective order, and proposed notice.

The commission has jurisdiction over this application pursuant to the Public Utility Regulatory Act, Texas Utility Code Annotated §14.001 and Senate Bill 769 (SB 769). SB 769 was passed by the Texas Legislature on April 7, 2009, and signed by the Governor. The purpose of SB 769 is to enable an electric utility to timely recover system restoration costs after a hurricane or similar natural disaster and to use securitization financing to recover the distribution-related costs and the Electric Reliability Council of Texas, Inc. Transmission Cost of Service mechanism to recover the transmission-related costs. SB 769 establishes a 150-day period to process this application. Accordingly, the 150-day period for this proceeding ends September 18, 2009.

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 36931.

TRD-200901530

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 23, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 22, 2009, for an amendment to certificated service area for a service area exception within Grayson County, Texas.

Docket Style and Number: Application of Grayson-Collin Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for an Electric Service Area Exception within Grayson County. Docket Number 36932.

The Application: Grayson-Collin Electric Cooperative, Inc. (Grayson-Collin) filed an application for a service area boundary exception to allow Grayson-Collin to provide service to a specific customer located within the certificated service area of Oncor Electric Delivery Company, LLC (Oncor). The U.S. Army Corps of Engineers has requested that Grayson-Collin be authorized to provide retail electric service to the Denison Dam. Oncor has provided a letter of concurrence for the proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than May 15, 2009 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 36932.

TRD-200901597

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 28, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 21, 2009, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Zayo Bandwidth, LLC for a Service Provider Certificate of Operating Authority, Docket Number 36929 before the Public Utility Commission of Texas.

Applicant intends to provide Ethernet services. Applicant's requested SPCOA geographic area includes the geographic area of Texas served by all incumbent local exchange companies.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 13, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36929.

TRD-200901578

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 27, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 24, 2009, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of WIRESTAR, INC. for a Service Provider Certificate of Operating Authority, Docket Number 36934 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, T1-Private Line, and long distance services.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 13, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 36934.

TRD-200901598

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 28, 2009

Notice is given to the public of the filing on April 28, 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 May 8, 2009.

Docket Title and Number: Application of Verizon Southwest, Inc. for Approval of LRIC Study for Operator Assistance - Collect and Third Number Pursuant to P.U.C. Substantive Rule §26.215, Docket Number 36942.

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 36942. 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 36942.

TRD-200901599

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 28, 2009

Notice is given to the public of Wes-Tex Telephone Cooperative, Inc. (Wes-Tex Telephone) application filed with the Public Utility Commission of Texas (commission) on April 8, 2009, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.

Tariff Control Title and Number: Wes-Tex Telephone Cooperative, Inc. Statement of Intent of to Implement a Minor Rate Change Pursuant to Substantive Rule §26.171; Tariff Control Number 36896.

The Application: Wes-Tex Telephone filed an application to implement a minor rate change to the following services: 1-Party Exchange Access Line rates for residence and business customers; Key Trunk Hunting Exchange and PBX Trunk Exchange Access Line rates for business customers; and non-recurring rates for the Primary Service Ordering Charge, Subsequent Service Ordering Charge, Central Office Access Line Charge, Premises Visit Charge, and Returned Check Charge in its Member Services Tariff. The Cooperative also proposes to remove the 2-Party Exchange Access Line rates for residence and business customers as Wes-Tex has no subscribers for these obsolete services.

In its Long Distance Message Telecommunications Service Tariff (LDMTS), Wes-Tex proposes to increase the following Two-Point Service Charges: Operator Assisted, Station-to-Station Service, Person-to-Person Service and Other Services; and the local and intraLATA Directory Assistance Services. The Cooperative also proposes to eliminate the free three-call allowance for a single-line and subsequent call allowance for additional lines to Directory Assistance Service. In addition, Wes-Tex proposes to remove the obsolete Two-Point Service Charges for Operator Assisted, Fully Automated, Station-to-Station, Collect Calls and Billed to Third Number Calls that are no longer provided by the Cooperative's Directory Assistance and Operator Service Provider, AT&T Texas.

The proposed effective date for the proposed rate changes is July 31, 2009. The estimated annual revenue increase recognized by Wes-Tex Telephone is $25,163.28 or less than 5% of Wes-Tex Telephone's gross annual intrastate revenues. Wes-Tex Telephone has 2,682 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 July 1, 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 July 1, 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 36896.

TRD-200901531

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 23, 2009

PUC RFP No. 473-09-00307

Deadline for proposal submission: 5:00 p.m., Central Daylight Time, Friday, May 22, 2009.

The Public Utility Commission of Texas (PUCT or commission) is issuing a Request for Proposals (RFP) for a technical writer to revise and update the Employee Handbook (the Handbook). The Handbook contains information for agency employees on a variety of topics including agency policies and procedures, state employee benefits, and federal employment protections.

The Handbook needs to be updated to reflect changes in state and federal laws, new agency policies and procedures, current agency organization, and changes to various forms. The PUCT seeks a writer who can organize, update, and index the Handbook.

Among the technical writer's duties will be reviewing the contents and organization of the Handbook; evaluating the Handbook's writing style, organization, and format in terms of readability and ease of use; communicating the evaluation to the Director of Human Resources; and drafting a revised Handbook that retains the subject matter in the current Handbook as well as additional topics provided by the Director of Human Resources.

The complete RFP is on the PUC website at: http://www.puc.state.tx.us/about/procurement/currentrfps.cfm.

To obtain a copy of the RFP, contact Chris Wood, Purchaser at (512) 936-7069; chris.wood@puc.state.tx.us; or PUCT, P.O. Box 13326, Austin, TX 78711-3326.

TRD-200901529

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 23, 2009

Request for Proposal

The South Plains Regional Workforce Development Board (dba WorkForce Solutions South Plains) announces the issuance of a Request for Proposal (#RFP-2009-50-002-WFS-CC) to solicit proposals from qualified and eligible organizations for the management and operation of South Plains Workforce Center Services, Youth Services and Child Care Services. Proposing entities must submit proposals for the entire South Plains Regional Workforce Development area which consists of Bailey, Cochran, Crosby, Dickens, Floyd, Garza, Hale, Hockley, King, Lamb, Lubbock, Lynn, Motley, Terry and Yoakum counties. Proposals to serve less than the entire area will be deemed non-responsive. The selected provider will directly manage the primary functions of workforce services, client services and provider management for the South Plains Region. WorkForce Solutions South Plains expects to award one or more contracts.

All written inquiries and questions must be received at the above-referenced address not later than 5:00 p.m. (CDT) on Friday, May 22, 2009. Questions received after this time and date will not be considered. A mandatory pre-proposal conference will be held on May 26, 2009 at 1:30 p.m.

The submission deadline for proposals is June 19, 2009 at 5:00 p.m. The successful respondent(s) will be expected to begin performance of the contract on October 1, 2009. All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. WorkForce Solutions South Plains reserves the right to accept or reject any or all proposals submitted. WorkForce Solutions South Plains is under no legal or other obligation to issue an award on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits WorkForce Solutions South Plains to pay for any costs incurred prior to the award of a contract.

Parties interested in submitting a proposal may obtain information by contacting Maria Keenmon at (806) 744-1987 or Maria.Keenmon@spworkforce.org. A copy of the RFP may be downloaded from the WorkForce website at http://www.spworkforce.org or from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/.

WorkForce Solutions South Plains is an Equal Opportunity Employer/Program. Historically Underutilized Businesses (HUBs) are encouraged to apply. Auxiliary aid and services are available upon request to individuals with disabilities.

TRD-200901623

Maria Keenmon

Strategic Planner

WorkForce Solutions South Plains

Filed: April 29, 2009