Part I.
Railroad Commission of Texas
Chapter 3.
Oil and Gas Division
Conservation Rules and Regulations
16 TAC §3.57, §3.76
The Railroad Commission of Texas proposes amendments to §3.57
of this title (relating to reclaiming tank bottoms, other hydrocarbon wastes,
and other waste materials) and §3.76 of this title (relating to fees,
performance bonds and alternate forms of financial security required to be
filed).
The commission proposes to delete §3.57(c)(7) and renumber the subsequent
paragraphs of subsection (c) because the requirements of paragraph (c)(7)
would be replaced by the changes proposed in amendments to §3.76. The
commission proposes to add §3.57(c)(10) to provide a cross-reference
to §3.76(q) to indicate that financial responsibility requirements for
reclamation plants will be governed by §3.76(q).
The commission proposes to amend §3.76(a) to change paragraph (3)
which defines the term "an acceptable record of compliance" to allow one violation
of commission rules provided that the violation was settled through an agreed
order with the commission.
The commission proposes to further amend §3.76(a) to add a new paragraph
(4) which defines the term "commercial facility" as any facility whose owner
or operator receives compensation from others for the storage, reclamation,
treatment, or disposal of oil field fluids or oil and gas wastes that are
wholly or partially trucked or hauled to the facility and whose primary business
purpose is to provide these services if: (1) the facility is permitted under
§3.8 of this title; (2) the facility is permitted under §3.57 of
this title; (3) the facility is permitted under §3.9 of this title and
a collecting pit permitted under §3.8 is located at the facility; or
(4) the facility is permitted under §3.46 of this title and a collecting
pit permitted under §3.8 is located at the facility.
The commission proposes to further amend §3.76 by adding a new subsection
(q) which would require commercial facilities to provide financial security.
Proposed new subsection (q) describes requirements for submission of financial
security information to the commission for review for both new and existing
commercial facilities and provides for notice and hearing in certain situations.
The proposed new subsection (q) also requires that a bond or letter of
credit, in an amount approved by the commission or its delegate and meeting
the requirements of the subsection as to form and issuer, be filed with the
commission prior to receipt of waste at a new facility. After one year from
the effective date of the subsection, an existing facility may not continue
to receive waste unless financial security has been filed with the commission.
An extension of the time for filing financial security may be granted upon
written request and for good cause shown. In addition, the time period for
filing financial security is automatically extended pending final commission
action on review of proposed financial security.
The proposed subsection (q) specifies that the amount of financial security
be estimated by or under supervision of a licensed professional engineer.
The amount of financial security must be equal to or greater than the maximum
amount necessary to close the facility at any time during the permit term,
exclusive of plugging costs, but no less than $10,000. The amount of financial
security required may be reduced by $25,000, an amount equivalent to the minimum
commission form P-5 financial assurance amount. Subsection (q) also provides
that proceeds from financial security provided under the subsection may be
used to plug a well or wells at the facility if the P-5 financial assurance
provided by the operator for plugging wells is insufficient to cover the costs
of plugging such well or wells.
The proposed subsection also specifies that bonds and letters of credit
must be issued by a corporate surety or bank, respectively, authorized to
do business in the State of Texas.
Rita Percival, planner, Oil and Gas Division, has determined that for the
first five-year period the proposed amendments to §3.57 are in effect
there will be no fiscal implications to state or local governments as a result
of enforcing or administering them. Ms. Percival has also determined that
for the first five-year period the amendments to §3.76 are in effect,
there will be fiscal implications to state government as a result of enforcing
or administering them; there are no fiscal implications to local governments.
The effect on state government for the first five-year period the amendments
to §3.76 are in effect will be $20,875 in fiscal year 1998 and $2,269
annually in fiscal years 1999 through 2002. These costs are associated with
staff review and approval of the bonds.
Terri Eaton, assistant director, Office of General Counsel, has determined
that for each year of the first five years the amendments to §3.57 are
in effect, there will be no cost of compliance to small businesses, individuals,
and other affected operators.
Ms. Eaton has also determined that for each year of the first five years
the amendments to §3.76 are in effect, there will be some cost of compliance
for small businesses, individuals, and other affected operators. For the
first year the proposed amendments are in effect, the anticipated cost of
compliance will be approximately $395,000. For the second year the proposed
amendments are in effect, the cost of compliance for all affected operators
will be approximately $270,000. Costs of compliance will increase at a rate
of $21,250 per year thereafter, for a total cost of compliance in the fifth
year after adoption of the amendments of $334,000. The cost of compliance
was estimated in the following manner.
There are currently 30 reclamation plants permitted under §3.57 and
38 commercial surface disposal facilities permitted under §3.8 of this
title that would be required to provide financial assurance for facility
closure costs under these proposed amendments. It is anticipated that closure
costs for each of these facilities are $100,000 and that each operator owns
or operates
only one facility.
The total bond amount for each of these facilities would therefore be $75,000,
or $100,000 minus the $25,000 credit allowed under the amendments to reflect
the fact that each of these operators has already provided financial assurance
in the amount of $25,000 to the commission. The initial cost per facility
of obtaining a $75,000 bond is estimated to be $3,000 (five percent of the
total bond amount) plus $2,000 to cover services of a licensed professional
engineer, or a total of $5,000 per facility for the first year. The annual
fee for renewal of the bond would be $3,000 per facility (five percent of
the total bond amount).
There are currently 94 commercial facilities permitted under §3.9
and §3.46 (relating to disposal wells and to fluid injection into productive
reservoirs). It is estimated that the cost to close each of these facilities,
exclusive of plugging costs, is $25,000. It is further estimated that half
of the facilities are operated by operators having only one commercial facility.
Therefore, 47 operators would not be required to provide additional financial
assurance and would incur no costs under these amendments. The remaining half
of the facilities are assumed to be operated by persons operating two facilities
each. These operators would be required to provide the full $25,000 financial
assurance for one of their two facilities, for a total of 23.5 (rounded up
to 24) facilities. The initial cost of obtaining a bond for each of these
24 facilities would be $1,250 (five percent of the bond amount) plus $1,000
for the services of a licensed professional engineer. Thereafter, the annual
cost per operator would be the bond renewal fee, estimated to be $1,250.
It is further estimated that five new commercial facilities permitted under
§3.57 or §3.8 (relating to reclaiming tank bottoms, other hydrocarbon
wastes, and other materials and to water protection) and five new commercial
facilities permitted under §3.9 or §3.46 (relating to disposal wells
and to fluid injection into productive reservoirs) will be opened annually
and that each of these 10 facilities will be required to provide financial
assurance.
Ms. Eaton has also determined that the public benefit from adoption of
the proposed amendments will be assurance that funds are available to close
commercial facilities permitted under §§3.8, 3.57, 3.9, and 3.46
of this title (relating to water protection, to reclaiming tank bottoms, other
hydrocarbon wastes, and other materials, to disposal wells and to fluid injection
into productive reservoirs) in the event the owners or operators of such facilities
are unable or unwilling to pay closure costs.
Ms. Percival has determined that the cost of compliance for small businesses
as a result of enforcing or administering the proposed amendments will be
comparable to the costs incurred by oil and gas operators.
Comments on the proposal should be submitted to Mark H. Barnett, Staff
Attorney, Office of General Counsel, Railroad Commission of Texas, P. O.
Box 12967, Austin, TX 78711-2967. Comments will be accepted until 5:00 p.m.
on the 13th day after publication in the
Texas Register
. For further information, please call Mark H. Barnett at (512) 463-6801.
The amendments are proposed under Texas Water Code, §§27.001
et seq., which authorizes the commission to adopt and enforce rules relating
to oil and gas waste disposal wells; Texas Natural Resources Code, §91.101,
which authorizes the commission to adopt rules for the prevention of pollution
of surface or subsurface water associated with the management of oil field
fluids in oil and gas waste; and Texas Natural Resources Code, §91.109,
which authorizes the commission to require performance bonds or other forms
of financial security from a person permitted to manage oil and gas waste.
The Texas Water Code, §§27.001 et seq., and the Texas Natural
Resources Code, §91.101 and §91.109, are affected by the proposed
amendments.
§3.57.Reclaiming Tank Bottoms, Other Hydrocarbon Wastes, and Other Waste Materials.
(a)-(b)
(No change.)
(c)
Permitting process.
(1)-(6)
(No change.)
[
(7)
[
(A)
the permitted facility has been inactive for 12 months;
or
(B)
there has been a violation, or a violation is threatened,
of any provision of the permit, the conservation laws of the state, or rules
or orders of the commission.
(8)
[
(9)
[
(10)
Reclamation plants permitted under
this section shall file financial security as required under §3.76(q)
of this title (relating to fees, performance bonds and alternate forms of
financial security required to be filed).
(d)-(h)
(No change.)
§3.76.Fees, Performance Bonds and Alternate Forms of Financial Security Required to be Filed.
(a)
Definitions. The following words and terms, when used
in this section, shall have the following meanings, unless the context clearly
indicates otherwise:
(1)-(2)
(No change.)
(3)
An acceptable record of compliance
:
[
(A)
A record of compliance showing:
(i)
No referrals to the Commission's enforcement
section relating to a violation;
(ii)
No pending legal enforcement action relating
to a violation; and
(iii)
No outstanding violations; or
(B)
A record of compliance showing:
(i)
Only one enforcement order, provided the
order specifies that it shall not be considered to meet the elements of subparagraph
(A) of this definition and provided the requirements of the order are met;
(ii)
No referrals to enforcement other than
those that are resolved in the order referenced in clause (i) of this subparagraph;
(iii)
No pending enforcement actions other
than those resolved in the order referenced in clause (i) of this subparagraph;
and
(iv)
No outstanding violations other than
those resolved in the order referenced in clause (i) of this subparagraph.
[
[
[
(4)
Commercial facility - A facility
whose owner or operator receives compensation from others for the storage,
reclamation, treatment, or disposal of oil field fluids or oil and gas wastes
that are wholly or partially trucked or hauled to the facility and whose primary
business purpose is to provide these services if:
(A)
the facility is permitted under §3.8
of this title (relating to water protection);
(B)
the facility is permitted under §3.57
of this title (relating to reclaiming tank bottoms, other hydrocarbon wastes,
and other waste materials);
(C)
the facility is permitted under §3.9
of this title (relating to disposal wells) and a collecting pit permitted
under §3.8 is located at the facility; or
(D)
the facility is permitted under §3.46
of this title (relating to fluid injection into productive reservoirs) and
a collecting pit permitted under §3.8 is located at the facility.
(b)-(p)
(No change.)
(q)
Financial security for commercial facilities.
The provisions of this subsection shall apply to the holder of any permit
for a commercial facility.
(1)
Application.
(A)
New permits. Any application for a new
or amended commercial facility permit filed after the effective date of this
subsection shall include:
(i)
a written estimate of the maximum dollar
amount necessary to close the facility prepared in accordance with the provisions
of paragraph (4) of this subsection that shows all assumptions and calculations
used to develop the estimate;
(ii)
a copy of the form of the bond or letter
of credit that will be filed with the commission; and
(iii)
information concerning the issuer of
the bond or letter of credit as required under paragraph (5) of this subsection
including the issuer's name and address and evidence of authority to issue
bonds or letters of credit in Texas.
(B)
Existing permits. Within 180 days of the
effective date of this subsection, the holder of any commercial facility permit
issued on or before the effective date of this subsection shall file with
the commission the information specified in subparagraph (A)(i)-(iii) of this
paragraph.
(2)
Notice and hearing.
(A)
New permits. For commercial facility permits
issued after the effective date of this subsection, the provisions of §3.8
or §3.57 of this title (relating to water protection and to reclaiming
tank bottoms, other hydrocarbons wastes, and other waste materials), as applicable,
regarding notice and opportunity for hearing, shall apply to review and approval
of financial security proposed to be filed to meet the requirements of this
subsection.
(B)
Existing permits. Notice of filing of
information required under paragraph (1)(B) of this subsection shall not
be required. In the event approval of the financial security proposed to
be filed for a commercial facility operating under a permit in effect as
of the effective date of this subsection is denied administratively, the
applicant shall have the right to a hearing upon written request. After hearing,
the examiner shall recommend a final action by the commission.
(3)
Filing of instrument.
(A)
New Permits. A commercial facility permitted
after the effective date of this subsection may not receive oil field fluids
or oil and gas waste until a bond or letter of credit in an amount approved
by the commission under this subsection and meeting the requirements of this
subsection as to form and issuer has been filed with the commission.
(B)
Existing permits. Except as otherwise
provided in this subsection, after one year from the effective date of this
section, a commercial facility permitted on or before the effective date
of this subsection may not continue to receive oil field fluids or oil and
gas waste unless a bond or letter of credit in an amount approved by the
commission under this subsection and meeting the requirements of this subsection
as to form and issuer has been filed with and approved by the commission.
(C)
Extensions for existing permits. On written
request and for good cause shown, the commission or its delegate may authorize
a commercial facility permitted before the effective date of this subsection
to continue to receive oil field fluids or oil and gas waste after one year
after the effective date of this section even though financial security required
under this subsection has not been filed. In the event the commission or its
delegate has not taken final action to approve or disapprove the amount of
financial security proposed to be filed by the owner or operator under this
subsection one year after the effective date of the section, the period for
filing financial security under this subsection is automatically extended
to a date 45 days after such final commission action.
(4)
Amount.
(A)
Except as provided in subparagraphs (B)
or (C) of this paragraph, the amount of financial security required to be
filed under this subsection shall be an amount approved by the commission
or its delegate as being equal to or greater than the maximum amount necessary
to close the commercial facility, exclusive of plugging costs for any well
or wells at the facility, at any time during the permit term in accordance
with all applicable state laws, commission rules and orders, and the permit,
but shall in no event be less than $10,000.
(B)
The owner or operator of a commercial
facility may reduce the amount of financial security required under this
subsection by $25,000 if the owner or operator holds only one commercial
facility permit.
(C)
The owner or operator of more than one
commercial facility may reduce the amount of financial security required
under this subsection for one such facility by $25,000. The full amount of
financial security required under subparagraph (A) of this paragraph shall
be required for the remaining commercial facilities.
(D)
A qualified professional engineer licensed
by the State of Texas shall prepare or supervise the preparation of a written
estimate of the maximum amount necessary to close the commercial facility
as provided in subparagraph (A) of this paragraph. The owner or operator
of a commercial facility shall submit the written estimate under seal of
a qualified
licensed professional engineer to the commission as required under paragraph
(1) of this subsection.
(E)
Notwithstanding the fact that the maximum
amount necessary to close the commercial facility as determined under this
paragraph is exclusive of plugging costs, the proceeds of financial security
filed under this subsection may be used by the commission to pay the costs
of plugging any well or wells at the facility if the financial security for
plugging costs filed with the commission under subsection (c) of this section
is insufficient to pay for the plugging of such well or wells.
(5)
Issuer and form.
(A)
Bond. The issuer of any commercial facility
bond filed in satisfaction of the requirements of this subsection shall be
a corporate surety authorized to do business in Texas. The form of bond filed
under this subsection shall provide that the bond be renewed and continued
in effect until the conditions of the bond have been met or its release is
authorized by the commission or its delegate.
(B)
Letter of credit. Any letter of credit
filed in satisfaction of the requirements of this subsection shall be issued
by and drawn on a bank authorized under state or federal law to operate in
Texas. The letter of credit shall be an irrevocable, standby letter of credit
subject to the requirements of Texas Business and Commerce Code, §§5.101
- 5.117. The letter of credit shall provide that it will be renewed and continued
in effect until the conditions of the letter of credit have been met or its
release is authorized by the commission or its delegate.
(r)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 18, 1997.
TRD-9716899
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 463-7008
Chapter 23.
Substantive Rules
Customer Service and Protection
16 TAC §23.52, §23.56
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Public Utility Commission of Texas or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Public Utility Commission of Texas proposes
the repeal of §23.52 relating to Tel-Assistance and Lifeline Service
and §23.56 relating to Statewide Dual-Party Relay Service. On August
26, 1997 the commission published in the
Texas Register
proposed new rule §23.142 relating to Lifeline
Service and Link Up Service Programs, §23.143 relating to Tel-Assistance
Service (both at 22 TexReg 8494), and §23.144 relating to Telecommunications
Relay Service (22 TexReg 8513). Upon adoption of these new rules, §23.52
and §23.56 will be duplicative and no longer be necessary. Project Number
18426 has been assigned to the proposed repeal of §23.52 and §23.56.
Diana Zake, senior policy analyst, Office of Policy Development, has determined
that for each year of the first five-year period these repeals are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the repeals.
Diana Zake has determined that for each year of the first five years the
repeals are in effect, the public benefit anticipated as a result of the repeals
will be the elimination of confusion resulting from duplicative rule sections.
There will be no effect on small businesses as result of repealing these sections.
There is no anticipated economic cost to persons as a result of repealing
these sections.
Diana Zake has also determined that for each year of the first five years
the repeals are in effect there will be no impact on employment in the geographical
area affected by the repeal of these sections.
Comments on the proposed repeals (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711- 3326, within 30 days after publication. All
comments should refer to Project Number 18426.
These repeals are proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated, §14.002 (Vernon 1998)) (PURA),
which provides the Public Utility Commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and jurisdiction.
Cross Index to Statutes: Public Utility Regulatory Act, §14.002.
§23.52.Tel-Assistance and Lifeline Service.
§23.56.Statewide Dual-Party Relay Service.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 18, 1997.
TRD-9716922
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 936-7308
Chapter 401.
Administration of the State Lottery Act
Subchapter D. Lottery Game Rules
16 TAC §401.311
The Texas Lottery Commission proposes new §401.311,
concerning on-line game rules relating to a new on-line game, "Texas Million".
The new section is being proposed to provide specific game details and requirements
for the new on-line game "Texas Million".
Richard Sookiasian, Budget Analyst, has determined that for the first five-year
period the section is in effect the fiscal implications for state government
as a result of enforcing or administering the section will be:
Figure 1: 16 TAC Preamble
Mr. Sookiasian has determined that for the first five-year period the sections
are in effect there will be no fiscal implications for local government as
a result of enforcing or administering the section.
Mr. Sookiasian also has determined that for each year of the first five-year
period the section is in effect the public benefit anticipated as a result
of enforcing the section will be to generate additional revenue for the State
of Texas through the sale of the new on-line game's tickets. Mr. Sookiasian
has also determined that there will be no cost to small businesses or individuals
who are required to comply with the section as proposed, and no effect on
local employment is anticipated.
Comments on the proposal may be submitted to Colette Davis Pena, Assistant
General Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630.
The new section is proposed under Texas Government Code, §466.016,
which provides the Texas Lottery Commission with the authority to adopt rules
governing the type of lottery games to be conducted.
Texas Government Code, Chapter 466 is affected by this proposed section.
§401.311."Texas Million" On-Line Game Rule.
(a)
Texas Million. A Texas Lottery on-line game to be known
as 'Texas Million' is authorized to be conducted by the executive director
under the following rules and under such further instructions and directives
that may issue in furtherance thereof. If a conflict arises between this section
and §401.301 of this title (relating to Lottery Game Rules (General Definitions))
or between this section and §401.304 of this title (relating to On-Line
Game Rules (General)), this section shall have precedence.
(b)
Definitions. In addition to the definitions provided in
§401.301 and §401.304 of this title, and unless the context in this
section otherwise requires, the following definitions listed in paragraphs
(1)-(6) of this subsection apply.
(1)
Number - Any play integer from 00 through 99 inclusive.
(2)
Play - The seven sets of four numbers printed on
the ticket. The player can select only the first set of the seven sets of
four numbers for the 'million dollar prize'. The terminal will randomly select
the remaining six sets of four numbers. The player can also have the terminal
randomly select all seven sets of four numbers.
(3)
Multi Draw - A player may purchase a Texas Million
ticket for up to ten consecutive drawings beginning with the current draw
period.
(4)
Play Board - A field of numbers from 00 through 99
found on the playslip. Each playslip has three play boards on it.
(5)
Playslip- An optically readable card issued by the
Texas Lottery used by players of Texas Million to select plays. There shall
be three play boards on each playslip identified as Game 1, Game 2, and Game
3.
(6)
A playslip has no pecuniary value and shall not constitute
evidence of ticket purchase or of numbers selected.
(c)
Price of ticket. The price of each Texas Million play
shall be $2.00. A player may purchase up to three plays on one playslip.
A player may also select the Multi Draw feature.
(d)
Play for Texas Million.
(1)
Type of play. A Texas Million player must select one set
of four numbers from 00 through 99 for the million dollar cash prize, or
select the Quick Pick option. The on-line terminal will randomly select the
other six sets of four numbers for other cash prizes. The seven sets of four
numbers are divided into three groups. The first group has one set of four
numbers, the second group of numbers has two sets of four numbers, and the
third group has four sets of four numbers. A winning play is achieved only
when two, three or four numbers in one or more of the seven sets of four
numbers selected by the player match, in any order, with the four winning
numbers drawn by the Texas Lottery. Each set of four numbers is a separate
set which must match with the four winning numbers drawn by the Texas Lottery.
(2)
Method of play. The player will use playslips to
make number selections for the first set of four numbers. The other six sets
of four numbers will be selected by a random number generator operated by
the computer, referred to as Quick Pick. The on-line terminal will read the
playslip and issue ticket(s) with corresponding plays. If a playslip is not
available, the on-line retailer may enter the selected numbers via the keyboard.
However, the retailer shall not accept telephone or mail-in requests to manually
enter selected numbers. If offered by the lottery, the player may also choose
the Quick Pick feature and have the random number generator operated by the
on-line terminal randomly select all seven sets of four numbers.
(3)
Multiple prizes. The total number of prizes that
can be won from one play is seven. The holder of a winning ticket may win
only one prize for each set of four numbers and shall only be entitled to
the highest prize category won by the set of four numbers.
(e)
Prizes for Texas Million.
(1)
Prize amounts. At the discretion of the executive director,
a prize amount may be altered temporarily for marketing or promotional purposes.
This temporary alteration of the prize amount will be announced in advance
of ticket sales for the affected draw. Prize amounts are a guaranteed amount
except in the situation where more than ten prizes are won in the first prize
group in a single drawing wherein the prize in the first prize group becomes
pari-mutuel for a total prize value of $10,000,000. Otherwise, each Texas
Million player who matches two, three or four numbers in any one set of four
numbers per play will be guaranteed a set prize amount as follows:
Figure 2: 16 TAC §401.311(e)(1)
(2)
Prize pool. The prize pool for Texas Million prizes
shall be 50% of Texas Million sales for each drawing. The amount of actual
prizes won may vary since most prize amounts are guaranteed.
(3)
Prize categories.
(A)
First Prize consists of matching all four numbers in the
first group of numbers with the winning numbers. This prize must be claimed
at the Austin claim center.
(B)
Second Prize consists of matching all four numbers in
either one of the two sets of four numbers in the second group of numbers
with the winning numbers.
(C)
Third Prize consists of matching all four numbers in any
one of the four sets of four numbers in the third group of numbers with the
winning numbers.
(D)
Fourth Prize consists of matching any three numbers in
any one of the seven sets of four numbers on the ticket with the winning numbers,
excluding any situation where a First, Second or Third prize has already been
won for that set of four numbers.
(E)
Fifth Prize consists of matching any two numbers in any
one of the seven sets of four numbers on the ticket with the winning numbers,
excluding any situation where a First, Second, Third or Fourth prize has already
been won for that set of four numbers.
(4)
Prize reserve fund. The prize reserve fund may
be increased or decreased depending on amounts won by winners as compared
to the appropriate percentage of the prize pool. The prize reserve fund may
be decreased by any amounts won by winners, due to the guaranteed prize amounts.
For example, money may be allocated from the prize reserve fund to the Texas
Million prize pool if the prize liability is greater than the 50% prize pool
for that drawing. The prize reserve fund will also increase or decrease depending
upon the number of times the First Prize is won. If the First Prize of a guaranteed
$1,000,000 is not won after each drawing, the amount of money in that prize
pool will be designated to the prize reserve fund. If multiple winners claim
the First Prize of a guaranteed $1,000,000, the additional million dollar
prize money will come from the prize reserve fund, up to ten First Prizes,
where upon the First Prize becomes pari-mutuel on a value of $10,000,000.
The pari-mutuel prize amount shall be calculated by dividing the prize category
contributions of the First Prize pool for that drawing, plus prize reserve
monies up to $10,000,000, by the number of shares for the prize category.
(5)
Unclaimed prize fund. In the event any player who
has a valid winning ticket does not claim the prize within 180 days after
the drawing in which the prize was won, the prize amount shall be added to
the unclaimed prize fund and all rights to the prize shall terminate.
(f)
Odds of winning. The following table shown in this subsection
sets forth the odds of winning and guaranteed prizes in each prize category,
based upon the total number of possible combinations of matching 2, 3 or 4
numbers in one set of four numbers per play. The overall odds of winning are
1:20.
Figure 3: 16 TAC §401.311(f)
(g)
Ticket purchases.
(1)
Texas Million tickets may be purchased only at a licensed
location from a lottery retailer authorized by the director to sell on-line
tickets.
(2)
Texas Million tickets shall show the player's selection
of numbers and numbers selected by Quick Pick, play amount, drawing date(s),
validation and reference numbers.
(3)
It shall be the exclusive responsibility of the player
to verify the accuracy of the player's selection(s), draw date(s) and other
data printed on the ticket. A ticket is a bearer instrument until signed.
(4)
Except as provided in subsection (d)(2) of this section,
Texas Million tickets must be purchased using official Texas Million playslips.
Playslips which have been mechanically completed are not valid. Texas Million
tickets must be printed on official Texas Lottery on-line game paper stock
and purchased at a licensed location through an authorized Texas Lottery retailer's
on-line terminal.
(h)
Drawings.
(1)
The Texas Million drawing shall be held every Friday evening
at 9:58 p.m. Central Time except that the drawing schedule may be changed
by the executive director, if necessary.
(2)
Texas Million tickets will not be sold from 9:45
p.m. Central Time to 10:00 p.m. Central Time on drawing days.
(3)
The drawings will be conducted by Texas Lottery officials.
(4)
Each drawing shall determine, at random, four winning
numbers in accordance with Texas Million drawing procedures. Any numbers drawn
are not declared winning numbers until the drawing is certified by the lottery
in accordance with the drawing procedures. The winning numbers shall be used
in determining all Texas Million winners for that drawing.
(5)
Each drawing shall be witnessed by an independent
certified public accountant. All drawing equipment used shall be examined
by at least one lottery security representative, the drawing supervisor, and
the independent certified public accountant immediately prior to a drawing
and immediately after a drawing.
(6)
A drawing will not be invalidated based on the financial
liability of the lottery.
(i)
Announcement of retailer incentive or bonus program. The
director shall announce each retailer incentive or bonus program prior to
its commencement. The announcement shall specify the beginning and ending
time, if applicable, of the incentive or bonus program and the value of the
award(s).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717069
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 344-5113
(7)
It shall be a permit condition that
a reclamation plant operator maintain financial responsibility and resources
to operate and close the reclamation site in accordance with the state law,
Commission rules, and the permit. The operator shall show evidence of financial
responsibility by submitting a bond or letter of credit in the amount of $100,000
in a form prescribed by the Commission. The bond or letter of credit may be
in a lesser amount provided the operator shows that the lesser amount will
be sufficient to operate and close the reclamation site in accordance with
state law, Commission rules, and the permit. The bond or letter of credit
shall be renewed and continued in effect until its conditions have been met
or release is authorized by the Commission.
]
(8)
] Except as provided in
subparagraphs (A) and (B) of this paragraph, a permit to operate a reclamation
plant shall remain in effect until canceled at the request of the operator.
Existing permits subject to annual renewal may be renewed so as to remain
in effect until canceled. Such renewal shall be subject to the requirements
of paragraph
(10)
[
(7)
] of this subsection. A reclamation
plant permit may be canceled by the commission after notice and opportunity
for hearing, if:
(9)
] If the operator
objects to the cancellation, the operator must file, within 15 days of the
date shown on the notice, a written objection and request for a hearing to
determine whether the permit should be canceled. If such written request
is timely filed, the cancellation will be suspended until a final order is
issued pursuant to the hearing. If such request is not received within the
required time period, the permit will be canceled. In the event of an emergency
which presents an imminent pollution, waste, or public safety threat, the
commission may suspend the permit until an order is issued pursuant to the
hearing.
(10)
] A permit to operate
a reclamation plant is not transferable. A new permit must be obtained by
the new operator.
--a record of compliance showing:
]
(A)
No referrals to the Commission's legal
enforcement section relating to a violation;
]
(B)
No pending legal enforcement action relating
to a violation; and
]
(C)
No outstanding violations.
]
(q)
] Hazardous waste generation
fee. A person who generates hazardous oil and gas waste, as that term is defined
in § 3.98 of this title (relating to Standards for Management of Hazardous
Oil and gas Waste), shall pay to the commission the fees specified in subsection
(z) of § 3.98.
Part II.
Public Utility Commission of Texas
Part IX.
Texas Lottery Commission
Chapter 402.
Bingo Regulation and Tax