Texas Department of Agriculture
Cotton Administrative Penalty Matrix
The Texas Agriculture Code (the "Code"), §12.020 confers administrative
authority upon the department to assess administrative penalties against a
person who violates provisions of Chapter 74 of the Code or a rule adopted
pursuant to Chapter 74. The department is hereby amending the penalty matrix
guidelines published in the August 18, 2000, issue of the Texas Register (25
TexReg 8077). These changes, which were requested by all of the Cotton Producer
Advisory Committees for Zones 1-8, are applicable to Zones 1-8, as set out
in 4 Texas Administrative Code, Chapter 20, which requires that all cotton
plants be rendered non-hostable by their applicable stalk destruction dates.
In zones 1-8, no penalty will be assessed if fruiting structures are absent.
However, in zones 9 and 10, destruction of cotton plants must be accomplished
by shredding and plowing. The penalty guideline is being amended to ensure
a more appropriate penalty based upon four factors.
The four factors considered when assessing administrative penalties are:
(1) the fruiting status of the cotton plants; (2) the number of days the field
has been out of compliance; (3) the number of acres out of compliance; and
(4) the efforts of the cotton producer to comply with the destruction deadline.
The factors were developed in accordance with the Code §12.020(d), and
with consideration of the purpose and function of the cotton stalk destruction
program. Since boll weevil and pink bollworm development occurs inside fruiting
structures, the department considers a field that has cotton plants with fruiting
structures to pose a greater hazard than plants that do not have fruiting
structures. Additionally, the longer a field is left undestroyed and the more
acres that are not in compliance, the greater the impact on the number of
boll weevils and pink bollworms entering diapause. These insects represent
a threat the following season, not only to the field out of compliance, but
also to neighboring cotton fields.
COTTON PENALTY FORMULA.
In order to assess penalties for failure to destroy cotton stalks or other
host plants by the appropriate destruction deadline, the following penalty
formula will be used: The penalty will consist of the sum of a base penalty
of $250, plus $0.50 per acre per day of noncompliance. Assignment of penalty
will not be mitigated by the wetness of field conditions.
The calculation of the number of days a field is out of compliance will
be based upon the status of the cotton plants (unharvested, standing stalks,
shredded stalks, regrowth or volunteer) and the method of destruction required
for the particular cotton stalk destruction zone as set out in 4 Texas Administrative
Code, §20.22. In zones with a destruction requirement of shredding and
plowing, for regrowth, shredded stalks, standing stalks and unharvested cotton,
days will be counted from the day following the destruction deadline. For
volunteer cotton, days will be counted from the date of the initial department
inspection documenting that the field has cotton in it. In zones with a destruction
requirement of rendering cotton plants non-hostable, days will be counted
from the day following the destruction deadline for hostable standing stalks
and unharvested cotton. For shredded stalks, regrowth and volunteer cotton,
days will be counted from the date of initial department inspection documenting
that the field has hostable cotton in it.
To the extent that the cotton producer brings a portion of the total acreage
into compliance after initial inspection, or if the cotton producer utilized
a properly labeled herbicide to comply with destruction requirements, the
department may reduce the penalty up to 50%.
The department may increase the penalty up to 50% for a history of violations
of the cotton stalk destruction requirements. The department may also make
additional adjustments in the penalty based upon extenuating circumstances
as justice may require.
This penalty guideline is effective immediately upon publication in the
TRD-200304601
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: July 29, 2003
Texas Health and Safety Code Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Health
and Safety Code. Before the State may settle a judicial enforcement action
under the Water Code, the State shall permit the public to comment in writing
on the proposed judgment. The Attorney General will consider any written comments
and may withdraw or withhold consent to the proposed agreed judgment if the
comments disclose facts or considerations that indicate that the consent is
inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code.
Case Title and Court:
State of Texas v. Bruce
Yoakum, Individually and d/b/a A&A Mobile Home Park
, Case No. GV103176,
In the 53rd District Court of Travis County, Texas.
Nature of Defendant's Operations: Defendant Yoakum, individually and d/b/a
A&A Mobile Home Park, operated a public drinking water system in Cleburne,
Texas. The State filed suit against Defendant to enforce an administrative
order issued by TCEQ and for other violations. Defendant has connected the
water system to Johnson County Rural Water Supply Corporation and is no longer
operating a drinking water system.
Proposed Agreed Final Judgment: The judgment requires Defendant Yoakum
to pay Nine Thousand Dollars and no cents ($9,000.00) in civil penalties and
Six Thousand Dollars and no cents ($6,000.00) in attorney's fees over a two
year period.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to Lisa
Sanders Richardson, 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 information regarding this publication you
may contact A.G. Younger, Agency Liaison at (512) 463-2110.
TRD-200304625
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: July 29, 2003
Facility for Lease Use
Facility Name:
Service Station
Address:
1500 San Jacinto
Gross Square Feet:
1,284
Lease Term:
5 years
Offers are to include a proposed minimum monthly payment and/or a proposed
percentage of gross sales as the monthly payment. Submit proposals in letter
format to
Wayne Wilson by 3:00 P.M., August 22, 2003,
at 1711 San Jacinto, Austin, TX 78701.
Use of this space will be for legitimate purposes only. An award will be
made based on what serves the best interest of the State. The Texas Building
and Procurement Commission has the right to reject any and all offers.
TRD-200304600
Cynthia deRoch
General Counsel
Texas Building and Procurement Commission
Filed: July 29, 2003
Request for Proposal Interoperable Communications Plan
The Central Texas Council of Governments (CTCOG) is accepting proposals
to retain a qualified firm/individual to provide professional consulting services
for the development of a regional interoperable plan. The Contract term is
from the date of execution through October 31, 2003, or upon the completion
of the contracted deliverables as negotiated. The Deliverables consist of
the development of an interoperable communications plan for CTCOG's seven
county planning region. This interoperable communications plans should examine
the following issues: 1) Plan should provide a summary of current communication
capabilities, 2) Plan should identify communications needs and provide recommended
solutions with cost estimates, 3) Plan should consider and involve all applicable
stakeholders including emergency responders, area hospitals and public health
officials, local units of government, other organizations providing emergency
response services (including the Red Cross, ham radio operators, etc.), 4)
Plan should cover the entire planning region of the Central Texas Council
of Governments (Counties of Bell, Coryell, Hamilton, Lampasas, Milam, Mills,
and San Saba), and 5) Plan should acknowledge the use of the available regional
funds to develop mechanisms to meet a majority of the needs identified. A
detailed proposal and cost estimate for the work to be performed under the
terms of this contract should be provided within the response to the RFP.
The selected firm / individual shall have the following qualifications and/or
experience in the following areas: 1) Interoperable communications consulting,
2) Licensed to do business in the State of Texas, 3) Familiar with the development
of regional plans or plans covering a large area with a number of different
stakeholders, 4) Strong technical and system design skills, 5) Familiarity
with radio frequency coverage, radio path analyses, and radio frequency spectrum
capacity requirements, 6) Previous experience with the technical evaluation
of existing system problems and determination of the most-cost effective and
reliable solutions, 7) Understanding and knowledge of industry products available
to serve as possible solutions, and 8) Understanding of applicable federal
and state laws governing communications equipment, including Federal Communications
Commission (FCC) policies.
Proposals will be accepted until 5:00 p.m. on August 15, 2003. Proposals
received after the aforementioned time and date may not be considered. Any
questions regarding the technical aspects of this project are to be directed
to: Molly Bosley, Director of Planning and Regional Services; Phone: (254)
933-7075, ext. 205; Fax: (254) 939-0885; Email: mbosley@ctcogmpo.org.
One (1) original and two (2) copies of the proposal shall be submitted
in a sealed envelope or box bearing the name and address of the respondent
and also be identified in the lower left corner with "Interoperable Communications
Consultant" and be addressed as follows:
US Mail:
Central Texas Council of Governments
Attn: Molly Bosley
P.O. Box 729
Belton, Texas 76513
Hand-Delivered / Express Mail:
Central Texas Council of Governments
Attn: Molly Bosley
550 E. 2nd Avenue, Building A
Belton, Texas 76513
TRD-200304498
Molly Bosley
Central Texas Council of Governments Planning and Regional Services Division
Director
Central Texas Council of Governments
Filed: July 25, 2003
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. 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 these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were deemed administratively complete
for the following projects(s) during the period of July 18, 2003, through
July 24, 2003. The public comment period for these projects will close at
5:00 p.m. on August 29, 2003.
FEDERAL AGENCY ACTIONS:
Applicant: Shell Pipeline Company, L.P.; Location: The project is located
beneath the Sabine River, South of the City of Orange, in Orange County, Texas
and Calcasieu Parish, Louisiana. The project site can be located on the U.S.G.S.
quadrangle map entitled: Orange, Texas. Approximate UTM Coordinates: Zone
15; Easting: 428868; Northing: 3322813. Project Description: The applicant
proposes to replace a portion of an existing 12-inch diameter ethylene pipeline
beneath the Sabine River by directional drill. The pipeline will be installed
with a minimum of 20 feet of cover beneath a depth of -32 feet NGVD. Temporary
workspaces are necessary on the entry and exit points and will require the
temporary discharge of fill material into 0.4 acres of emergent wetland dominated
by bushy bluestem (Andropogon glomeratus) and bigleaf sumpweed (Iva frutescens)
on the entry drill. Work in jurisdictional wetlands will be done from board
mats and the workspaces will be restored to pre-construction contours following
completion of the pipeline installation. The new section of pipeline will
bypass the existing crossing and tie in to the existing line at the entry
and exit points, as depicted. CCC Project No.: 03-0249-F1; Type of Application:
U.S.A.C.E. permit application #12984(01) 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. §125-1387).
Applicant: Laguarta & Company; Location: The project is located at
adjacent to the Gulf Intracoastal Waterway (GIWW) approximately 1,000 feet
east of the intersection of Scurlock Road and Stella Street, 1.4 miles west
of Port O'Connor, Calhoun County, Texas. The project can be located on the
U.S.G.S. quadrangle map entitled: Port O'Connor, Texas. Approximate UTM Coordinates:
Zone 14; Easting: 751250; Northing: 3147200. Project Description: The applicant
proposes to construct a 2.77-acre residential development along shoreline
adjacent to the GIWW. The project as proposed would impact a total of 1.803
acres of jurisdictional area. Approximately 507 feet of shoreline would be
bulkheaded and backfilled to create residential lots. Bulkhead sheet panels
will be installed by vibration or by driving before backfill material is placed
on the site. The backfilling operation would impact approximately 0.033 acre
of upper saltmarsh wetlands and 0.7 acre of unvegetated coastal sand flats
and shallow water habitat. The applicant also proposes to mechanically excavate
approximately 3,060 cubic yards of material from 1.07 acre of waters of the
United States in front of the proposed bulkhead line. The area to be excavated
consists of 0.42 acre of seagrass bed and 0.65 acre of shallow water habitat.
The purpose of the excavation is to make the area accessible for boaters.
Excavated material will be placed with up to 15,000 cubic yards of select
fill from an upland source as backfill material behind (landward from) the
proposed bulkhead. As mitigation for proposed project impacts, the applicant
proposes to excavate uplands offsite to create 0.88 acre of seagrass/open
water ponds, 0.30 acre of low marsh, and 0.12 acre of high marsh for whooping
crane habitat. A 1.3-acre buffer zone would be constructed around the created
tidal habitat and enhanced by planting Carolina wolfberry. Except for wolfberry
taken from the area to be excavated, plant material will be obtained from
on-site wetlands or private sources as stated in the mitigation plan. CCC
Project No.: 03-0253-F1; Type of Application: U.S.A.C.E. permit application
#23038 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. §125-1387).
Applicant: South Texas Housing Development Corp.; Location: The project
is located in wetlands adjacent to the Laguna Madre on South Padre Island,
west of Padre Boulevard, north of Sunset Drive and south of King's Court Drive,
Cameron County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled: Port Isabel NW, Texas. Approximate UTM Coordinates: Zone 14;
Easting: 682800; Northing: 2891350. Project Description: The applicant proposes
to fill 3.73 acres and excavate 0.52 acres of jurisdictional areas that are
estuarine in character, such as algal flats, saltwater coastal flats and mangroves.
The proposed 14-acre project site includes a 35-lot subdivision, two private
marina areas, a channel and pier out to the Tompkins Channel, and a 175 to
250-room hotel. The request includes an after-the-fact request for the filling
of approximately 0.16 acres of saltwater coastal flat associated with the
Bay Harbor Cove Road cul-de-sac. Proposed onsite mitigation consists of 4.2
acres of enhanced wetlands, 0.11 acre (4,588 sq. ft.) of created open tidal
water, and 0.47 acre (20,538 sq. ft.) of enhanced upland buffer. CCC Project
No.: 03-0254-F1; Type of Application: U.S.A.C.E. permit application #23039
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. §125-1387).
NOTE: The consistency review for this project may be conducted by the Texas
Commission on Environmental Quality as part of its certification under §401
of the Clean Water Act.
Applicant: Neumin Production Company; Location: The project is located
in State Tracts (ST's) N/2 73, N/2 79, S/2 100, N/2 108 and 158 in San Antonio
and Hynes Bays, Calhoun County, Texas. The projects can be located on the
U.S.G.S. quadrangle maps entitled: Austwell, Tivoli SE, and Mosquito Point,
Texas. Approximate UTM Coordinates: ST 73 Zone 14; Easting: 719044; Northing:
3142040; ST 79 Zone 14; Easting: 719552; Northing: 3132937; ST 100 Zone 14;
Easting: 720669; Northing: 3138423; ST 108 Zone 14; Easting: 722396; Northing:
3137885; ST 158 Zone 14; Easting: 728909; Northing: 3129350. Project Description:
The applicant proposes to amend Permit 21558 to include 5 additional state
tracts. The applicant proposes to install, operate, and maintain structures
and equipment necessary for oil and gas drilling, production, and transportation
activities. Such activities include installation of typical marine barges
and keyways, shell and gravel pads, production structures with attendant facilities,
and flowlines. CCC Project No.: 03-0256-F1; Type of Application: U.S.A.C.E.
permit application #21558(01) 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. §125-1387). NOTE: The consistency review for this
project may be conducted by Railroad Commission of Texas as part of its certification
under §401 of the Clean Water Act.
Applicant: City of Baytown; Location: The site can be located at U.S.G.S.
quadrangle map entitled: Morgan's Point, Texas. Approximate UTM Coordinates:
Zone 15; Easting: 307075; Northing: 3287978. CCC Project No.: 03-0260-F1;
Project Description: The applicant proposed to amend Permit Number 18176(03)
to include the dredging of a total of 7,500 cubic yards of sediment out of
the Bayland Park Marina and Tabbs Bayou and to replace wood piling channel
markers as needed. The dredge material will be placed in two containment areas.
To contain the dredge material, these areas will have 24-foot wide eathern
berms. The applicant has since revised the plans to increase the size and
scope of the project area. The project will now include dredging of the northern
boat basin. This is a part of Area "A". This additional area is approximately
100-feet by 400-feet in size, 0.92 acre. This is a 2,500 cubic yard addition.
The total amount of dredge material will now be 10,000 cubic yards. The total
amount of surface area of impacts will be 13.54 acres. Due to the increase
of dredge material the applicant will have to increase the size of the berms
of the dredge placement areas. The placement areas' containment berms will
increase 12-feet in width and two-feet in height. The new size of the berm
will be 36-feet in width and 5-feet in height. Type of Application: U.S.A.C.E.
permit application #18176(04) is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Seneca Resources Corporation; Location: The project is to be
installed in and/or through Blocks A-345 and A-334, High Island Area, Offshore
Texas, OCS Federal Waters, Gulf of Mexico. Project Description: Seneca Resources
Corporation has submitted to Minerals Management Services an application for
a Right-of-Way pipeline to be installed in and/through Blocks A-345, High
Island Area, Offshore Texas, OCS Federal Waters. CCC Project No.: 03-0257-F1;
Type of Application: Pipeline ROW Application according to MMS Notice to Lessees
No. 2002-G15, issued effective December 20, 2002, and in compliance with 15
CFR 930.
Applicant: Richard E. Friedricks, II; Location: The project is located
along the west shoreline area of Laguna Madre, north of Verna Jean Street,
and west of Laguna Boulevard, South Padre Island, Cameron County, Texas. The
project can be located on the U.S.G.S. quadrangle map entitled: Port Isabel,
Texas. Approximate UTM Coordinates: Zone 14; Easting: 682750; Northing: 2890450.
Project Description: The proposed project consists of filling 7,329 square
feet (0.17 acre) of mangrove-dominated wetlands on a five-lot parcel for the
purpose of constructing a condominium development. The development will also
include a sheet pile bulkhead and a dock with four slips. The applicant proposes
an in-lieu mitigation fee arrangement as compensation for wetlands impacts.
The in-lieu mitigation site is in the Nature Conservancy's 1,250-acre Type
I in-lieu fee mitigation area located on the southwest side of the Port Mansfield
jetty. The targeted in-lieu mitigation site is 9.4 acres in size and is to
be preserved as is. The site consists of wind-tidal flats and historic washover
sand flats which appear from aerial photography to be mostly uplands. An in-lieu
fee agreement has not been submitted, nor has a wetland function of the impacted
wetland or the mitigation site been submitted. CCC Project No.: 03-0266-F1;
Type of Application: U.S.A.C.E. permit application #22902 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. §125-1387). NOTE: The
consistency review for this project may be conducted by the Texas Commission
on Environmental Quality as part of its certification under §401 of the
Clean Water Act.
Applicant: LLOG Exploration Company, L.L.C.; Location: The project is to
be installed in and/or through Blocks 693-L and 696-L, Matagorda Island Area,
Offshore Texas, OCS Federal Waters, Gulf of Mexico. Project Description: LLOG
Exploration Company, L.L.C. has submitted to Minerals Management Services
an application for a Right-of-Way pipeline to be installed in and/through
Blocks A-345, High Island Area, Offshore Texas, OCS Federal Waters. CCC Project
No.: 03-0268-F1; Type of Application: Pipeline ROW Application according to
MMS Notice to Lessees No. 2002-G15, issued effective December 20, 2002, and
in compliance with 15 CFR 930.
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 may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O.
Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments
should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.
TRD-200304626
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 30, 2003
Notice of Request for Proposals
Pursuant to Chapter 403, Texas Government Code, and Chapter 2254, Subchapter
A, Texas Government Code; and Chapters 72 - 75, Property Code, the Comptroller
of Public Accounts (Comptroller) announces the issuance of its Request for
Proposals (RFP #160b) from qualified, independent firms to provide professional
out-of-state unclaimed property auditing services to Comptroller. One or more
successful respondents will assist Comptroller in conducting audits of out-state-unclaimed
property holders and providing other related services, as directed by Comptroller.
Comptroller reserves the right to award one or more contracts under this RFP.
The successful respondent(s) will be expected to begin performance of the
contract(s), if any, awarded under this RFP on or about September 1, 2003.
Contact: Parties interested in submitting a proposal should contact Clay
Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 East 17th Street, ROOM G-24, Austin, Texas, 78774 (Issuing Office), telephone
number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will
mail copies of the RFP only to those specifically requesting a copy. The RFP
will be available for pick-up at the above-referenced address on Friday, August
8, 2003, between 10:00 a.m. and 5 p.m., Central Zone Time (CZT), and during
normal business hours thereafter. Comptroller will also make the complete
RFP available electronically on the Texas Marketplace after Friday, August
8, 2003, 10:00 a.m. (CZT).
All written inquiries, questions, and Mandatory Letters of Intent to propose
must be received in the Issuing Office prior to 2 p.m. (CZT) on Friday, August
22, 2003. Prospective respondents are encouraged to fax Letters of Intent
and Questions to (512) 475-0973 to ensure timely receipt. The responses to
questions and other information pertaining to this procurement will be posted
on August 25, 2003, or as soon thereafter as practical, on the Texas Marketplace
at: http://www.marketplace.state.tx.us. Mandatory Letters of Intent and Questions
received after the August 22nd deadline will not be considered. Respondents
are solely responsible for verifying timely receipt in the Issuing Office
of Mandatory Letters of Intent and Questions.
Closing Date: Proposals must be received in the Issuing Office at the location
specified above no later than 2 p.m. (CZT), on Friday, August 29, 2003. Proposals
received in the Issuing Office after this time and date will not be considered.
Respondents are solely responsible for verifying timely receipt of Mandatory
Letters of Intend and Questions in the Issuing Office.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. Comptroller will make the final decision. Comptroller reserves the
right to accept or reject any or all proposals submitted. Comptroller is under
no legal or other obligation to execute a contract on the basis of this notice
or the distribution of any RFP. Comptroller shall pay for no costs incurred
by any entity in responding to this notice or the RFP.
The anticipated schedule of events is as follows:
Issuance of RFP--August 8, 2003, 10:00 a.m. CZT;
Mandatory Letters of Intent and Questions Due--August 22, 2003, 2 p.m.
CZT;
Official Questions and Responses posted--August 25, 2003 (or as soon thereafter
as practical);
Proposals Due--August 29, 2003, 2 p.m. CZT;
Contract Execution--September 1, 2003, or as soon thereafter as practical;
Commencement of Project Activities--September 1, 2003.
TRD-200304621
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: July 29, 2003
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 Sections 303.003,
303.005, and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 08/04/03 -- 08/10/03 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 08/04/03 -- 08/10/03 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Sec. 303.005
3
for the period of 08/01/03 -- 08/31/03 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Sec. 303.005 for the period of 08/01/03
-- 08/31/03 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
3
For variable rate commercial transactions
only.
TRD-200304613
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 29, 2003
Request for Proposal for Cleaning Services
I. Overview
The Deep East Texas Council of Governments is now accepting bids for Cleaning
Services for its Jasper, Lufkin, & Woodville Offices. Bid documents may
be picked up at the DETCOG office on 274 East Lamar, Jasper, Texas 75951 thru
Thursday, September 18, 2003.
II. Obtaining Full RFP and Submission Information
The Full RFP can be obtained at http://www.detcog.org or by contacting:
Bobbie Stott Purchasing Officer
Phone: (409) 384-5704 x245
Fax: (409) 384-5390
Email: bstott@detcog.org
Submission are due to DETCOG no later than 3:00 PM on September 19, 2003.
TRD-200304545
Walter G. Diggles
Executive Director
Deep East Texas Council of Governments
Filed: July 28, 2003
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 290, Drinking Water Surface Water Treatment Rules
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive comments concerning revisions to 30 TAC Chapter
290 under the requirements of Texas Health and Safety Code, §382.017
and Texas Government Code, Subchapter B, Chapter 2001.
The proposed amendments to §§290.38, 290.39, 290.41 - 290.47,
290.104, 290.106, 290.107, 290.111, 290.117, 290.121, and 290.122 would address
requirements of the federal Long Term 1 Enhanced Surface Water Treatment Rule,
Filter Backwash Recycling Rule, Lead and Copper Rule Minor Revisions, and
Public Notification Rule promulgated by the United States Environmental Protection
Agency. The proposed amendments would also: specify how the agency implements
the minimum capacity requirements for public water systems; provide requirements
for laboratories at surface water treatment plants; describe air relief device
requirements; revise sanitary control easement, operator certification, security,
maintenance, meter calibration, and electrical wiring requirements; revise
reporting requirements; add items to "Appendix I, Assessment of Hazard and
Selection of Assemblies;" reorganize and modify source water, water treatment,
and turbidity requirements; and provide non-substantive revisions, including
typographical error and formatting corrections, to conform with Texas Register
requirements.
A public hearing on this proposal will be held in Austin on September 3,
2003 at 2:00 p.m. in Building F, Room 2210, at the commission's central office,
located at 12100 Park 35 Circle. The hearing will be structured for the receipt
of oral or written comments by interested persons. Individuals may present
oral statements when called upon in order of registration. There will be no
open discussion during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and will
answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Patricia Durón, Texas Commission on
Environmental Quality, Office of Environmental Policy, Analysis, and Assessment,
MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808.
All comments should reference Rule Log Number 2003- 023-290-WT. Comments must
be received by 5:00 p.m., September 8, 2003. For further information, please
contact Raymond Austin, Policy and Regulations Division, (512) 239-6814.
TRD-200304537
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 28, 2003
The following notices were issued during the period of July 22, 2003 through
July 29, 2003.
The following require the applicants to publish notice in the newspaper.
The public comment period, 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 THIS NOTICE.
CITY OF COLEMAN has applied for a renewal of TCEQ Permit No. 10150-003,
which authorizes the discharge of backwash filter effluent from a water treatment
plant at a daily average flow not to exceed 50,000 gallons per day. The facility
is located on North Mississippi Street in the City of Coleman in Coleman County,
Texas.
CITY OF CROWELL has applied for a renewal of TPDES Permit No. 10638-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 200,000 gallons per day. The facility is located approximately
1/2 mile east of AT&SF Railroad crossing over State Highway 6, in the
southeast corner of the City of Crowell in Foard County, Texas.
EXXONMOBIL OIL CORPORATION which operates a manufacturing plant the produces
industrial organic chemicals and chemical catalytic preparations (inorganic),
has applied for a major amendment to TPDES Permit No. 00462 to add utility
and miscellaneous wastewaters as authorized wastestreams at Outfall 001. The
current permit authorizes the discharge of storm water on an intermittent
and flow variable basis via Outfall 001. The facility is located immediately
north of Smith Island and south of the Neches River, bounded on the south
and east by a modified oxbow and on the northwest by a refinery tank farm,
east of the City of Beaumont, Jefferson County, Texas.
G & C INVESTMENT COMPANY, L.L.P. AND GARLOCK SEALING TECHNOLOGIES,
L.L.C. has applied for a renewal of TPDES Permit No. 11923-001, which authorizes
the discharge of treated domestic wastewater at a daily average flow not to
exceed 5,000 gallons per day. The facility is located in the southwest corner
of an industrial park on Clark-Williams Road, 600 feet south of U.S. Highway
90, approximately 0.5 mile west of South Lake Houston Parkway, and approximately
4.5 miles northeast of the intersection of U.S. Highway 90 and Interstate
Highway 610 in Harris County, Texas.
THE CITY OF HOUSTON, DEPARTMENT OF PUBLIC WORKS AND ENGINEERING has applied
for a renewal of TPDES Permit No. 10495-112, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 820,000
gallons per day. The facility is located south of Huffman-Eastgate Road, approximately
6,500 feet west of the intersection of Farm- to-Market Road 1960 and Huffman-Eastgate
Road in Harris County, Texas.
LM DEVELOPMENT, LP has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. 14455-001, to authorize the
discharge of treated domestic wastewater at a daily average flow not to exceed
750,000 gallons per day. The facility is located approximately 2,400 feet
west-northwest of the intersection of Morton Road and the Grand Parkway and
approximately 600 feet north of Morton Road in Fort Bend County, Texas.
CITY OF LUFKIN has submitted application for a new permit, Proposed Permit
No. 04585, to authorize the land application of sewage sludge for beneficial
use on 150 acres. This permit will not authorize a discharge of pollutants
into waters in the State. The land application site is located approximately
one and one-fourth miles east of the intersection of State Highway 287 and
Farm-to- Market Road 325, approximately two and one-fourth miles east of the
City of Lufkin in Angelina County, Texas.
MCCARTY ROAD LANDFILL TX, LP which operates the McCarty Road Landfill,
a municipal solid waste landfill, has applied for a renewal of TPDES Permit
No. 04134, which authorizes the discharge of storm water, groundwater seepage,
and remediated groundwater on an intermittent and flow variable basis via
Outfall 001; and the discharge of remediated groundwater at a daily average
flow not to exceed 100,000 gallons per day via Outfall 002. The facility is
located at 11013 Old Beaumont Highway, adjacent to U.S. Highway 90, abutted
by Ley Road to the north and Greens Bayou to the east, in the City of Houston,
Harris County, Texas.
RONALD EUGENE SHAFER has submitted application for a new permit, Proposed
Permit No. 04573, to authorize the land application of domestic septage for
beneficial use on 22.92 acres. This permit will not authorize a discharge
of pollutants into waters in the State. The land application site is located
on County Road 423, 1 mile northwest of the intersection of Farm-to-Market
Road 3025 and County Road 423, 2 miles southwest of the intersection of Farm-to-Market
Road 3025 and State Highway 108, approximately 6 miles northwest of the City
of Stephenville in Erath County, Texas.
RONALD E. SPRADLIN, JR. has submitted application for a new permit, Proposed
Permit No. 04439, to authorize the land application of wastewater treatment
plant and water treatment plant for beneficial use on 46 acres. This permit
will not authorize a discharge of pollutants into waters in the State. The
land application site is located on the west side of Farm-to-Market Road 2012
and approximately 1.2 miles from the intersection of Farm-to-Market Road 2012
and Highway 31, approximately 3 miles west of the City of Kilgore in Gregg
and Rusk Counties, Texas.
STEELY LUMBER CO., INC. which operates a sawmill and wood products manufacturing
facility, has applied for a renewal of TPDES Permit No. 04249, which authorizes
the discharge of wet decking wastewater, utility wastewater (boiler blowdown
and steam condensate), and storm water runoff on an intermittent and flow
variable basis via Outfall 001. The facility is located at 1405 Southwood
Drive, approximately 1.5 miles east of the intersection of U.S. Highway 75
and Southwood Drive, approximately 2.5 miles southeast of the City of Huntsville,
Walker County, Texas.
U.S. ARMY CORPS OF ENGINEERS has applied for a renewal of Permit No. 12090-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 95 gallons per day via evaporation on 0.166 acre of pond
area. This permit will not authorize a discharge of pollutants into waters
in the State. The facility and disposal site are located near the Granger
Lake Project Office adjacent to Farm-to-Market Road 971 at the north end of
Granger Dam at a point approximately 8 miles east of the intersection of State
Highway 95 and Farm-to-Market Road 971 in Williamson County, Texas.
U.S. ARMY CORPS OF ENGINEERS has applied for a renewal of Permit No. 12091-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 300 gallons per day via evaporation from a 0.81 acre-foot
capacity evaporation pond. This permit will not authorize a discharge of pollutants
into waters in the State. The facility and disposal site are located northeast
of the Lake Georgetown Dam, approximately 0.5 miles south of Ranch-to-Market
Road 2338 off Cedar Breaks Road and southeast of the Lake Georgetown Project
Office in Williamson County, Texas.
U.S. Army Corps of Engineers has applied for a renewal of Permit No. 12254-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 3,600 gallons per day via evaporation in a 1.73 acre evaporation
pond. This permit will not authorize a discharge of pollutants into waters
in the State. The facility and disposal site are located Friendship Park on
the north side of Granger Lake, approximately 1 mile due southeast of the
eastbound extension of Farm-to-Market Road 971 in Williamson County, Texas.
U.S. ARMY CORPS OF ENGINEERS has applied for a renewal of Permit No. 12254-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 3,600 gallons per day via evaporation in a 1.73 acre evaporation
pond. This permit will not authorize a discharge of pollutants into waters
in the State. The facility and disposal site are located Friendship Park on
the north side of Granger Lake, approximately 1 mile due southeast of the
eastbound extension of Farm-to-Market Road 971 in Williamson County, Texas.
VOPAK LOGISTICS SERVICES USA INC. which operates the Hockley Facility,
a railcar cleaning facility, has applied for a renewal of TPDES Permit No.
03627, which authorizes the discharge of storm water on an intermittent and
flow variable basis via Outfall 001. The facility is located at 17020 Premium
Drive, approximately 0.5 miles southeast of the intersection of U.S. Highway
290 and Kickapoo Road, in the City of Hockley, Harris County, Texas
Written comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information section
above, WITHIN 60 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
RICHFIELD INVESTMENT CORPORATION has applied to the Texas Commission on
Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 13614-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 610,000 gallons per day. The facility is located approximately
1 mile northeast of State Highway 249, approximately 7,000 feet northwest
of Chicago Rock Island and Pacific and Missouri Pacific Railroad crossing,
and approximately 4.5 miles northwest of the City of Tomball in Montgomery
County, Texas.
RICHFIELD INVESTMENT CORPORATION has applied to the Texas Commission on
Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 13636-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 405,000 gallons per day. The application also includes
a request for a temporary variance to the existing water quality standards
for the Decker Branch. The variance would authorize a three-year period in
which the Commission will consider the site-specific standard for Decker Branch
and determine whether to adopt the standard or require the existing water
quality standard to remain in effect. The facility is located approximately
4,500 feet southeast of the intersection of Wright Road and State Highway
249, within an area bounded by Wright Road on the west and by State Highway
249 on the east in Montgomery County, Texas.
TRD-200304602
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 29, 2003
List of Late Filers
Listed below are the names of filers from the Texas Ethics Commission who
did not file reports, or failed to pay penalty fines for late reports in reference
to the listed filing deadline. If you have any questions, you may contact
Robbie Miller at (512) 463-5780 or (800) 325-8506.
Deadline: Lobby Activity Report due February 12,
2001
Laura M. Uribarri, Greater El Paso Chamber of Commerce, 10 Civic Center
Plaza, El Paso, Texas 79901-1188
John B. Danks, P.O. Box 140735, Austin, Texas 78714
Pamela R. Beachley, 906 Rio Grande St., Austin, Texas 78701
Joseph R. Pojman, 2026 Guadalupe St., Austin, Texas 78705
A. Michelle Roberts, 203 West 10th Street, Austin, Texas 78701
Albert C. Black Jr., 1133 S. Madison Ave., Dallas, Texas 75208
James Mitchell Thames, 1110 Louis Street, Rosenberg, Texas 77471
Winfred T. Colbert, TXU Electric & Gas, 1601 Bryan St., Ste. 21-142,
Dallas, Texas 75201
M. Winnfield Atkins, 919 Congress Ave., Ste. 1060, Austin, Texas 78701
Deadline: Lobby Activities Report due February 10,
2003
Melodie Stegall, 12208 N. Mopac Expressway, Austin, Texas 78758
Jessica Balladares, 1005 Congress Ave., Ste. 480, Austin, Texas 78701
Deadline: Lobby Activities Report due March 10,
2003
Carlos A. Truan Jr., 1005 Congress Ave., Ste. 350, Austin, Texas 78701-2463
Mark Seale, 1108 Lavaca, Ste. 400, Austin, Texas 78701
Yolanda F. Londono, J.P. Morgan Chase & Co., P.O. Box 2558, Houston,
Texas 77252-8053
Michael J. Warner, P.O. Box 92167, Austin, Texas 78709-2167
Deadline: Lobby Activities Report due April 10,
2003
Carlos A. Truan Jr., 1005 Congress Ave., Ste. 350, Austin, Texas 78701-2463
Michael J. Warner, P.O. Box 92167, Austin, Texas 78709-2167
Melodie Stegall, 12208 N. Mopac Expressway, Austin, Texas 78758
Jennifer N. Stevens, 816 Congress Ave., Ste. 1100, Austin, Texas 78701
Deadline: Lobby Activities Report due May 12, 2003
Michael J. Warner, P.O. Box 92167, Austin, Texas 78709-2167
Jim Warren, 1108 Lavaca, Ste. 400, Austin, Texas 78701
Albert Luna III, 3336 Richmond, Ste. 100, Houston, Texas 77098
Mark Seale, 1108 Lavaca, Ste. 400, Austin, Texas 78701
Martin L. Allday III, P.O. Box 27564, Houston, Texas 77027-7564
Deadline: Personal Financial Statement due May 1,
2000
John Turner, 6009 Hillcrest, Dallas, Texas 75205
Deadline: Personal Financial Statement due June
29, 2001
John Turner, 6009 Hillcrest, Dallas, Texas 75205
Deadline: Personal Financial Statement due February
11, 2002
Domingo Garcia, P.O. Box 2910, Austin, Texas 78768-2910
Deadline: Personal Financial Statement due April
30, 2002
John Turner, 6009 Hillcrest, Dallas, Texas 75205
Shadrick Bogany, 2727 Creek Terrance Dr., Missouri City, Texas 77459
Deadline: Personal Financial Statement due April
30, 2003
John Turner, 6009 Hillcrest, Dallas, Texas 75205
Marvelette C. Fentress Hunter, 1202 Pinemont Dr., Ste. B, Houston, Texas
77018
TRD-200304533
Karen Lundquist
Executive Director
Texas Ethics Commission
Filed: July 25, 2003
Correction of Error
The General Land Office proposed amendments to 31 TAC §15.5 and §15.6,
new §§15.21 - 15.36, and the repeal of §15.11, concerning Coastal
Area Planning in the July 25, 2003, issue of the
Texas Register
(28 TexReg 5795). The General Land Office also proposed
amendments to 31 TAC §§19.2, 19.12, 19.33, and 19.63, concerning
Oil Spill Prevention and Response in the July 25, 2003, issue of the
The certifying official was incorrectly shown as Larry Soward. The correct
certifying official is Larry L. Laine, Chief Clerk, Deputy Commissioner, General
Land Office.
TRD-200304627
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Atser, L.P.
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Atser, L.P. (licensee-L04741) of Houston.
A total penalty of $20,000 is proposed to be assessed the licensee for alleged
violations of conditions in its radioactive materials license and 25 Texas
Administrative Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200304629
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 30, 2003
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Karnes County Hospital District, doing
business as Otto Kaiser Memorial Hospital (registrant-M00732) of Kenedy. A
total penalty of $7,500 is proposed to be assessed the registrant for alleged
violations of 25 Texas Administrative Code, §289.230.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200304630
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 30, 2003
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Michael Fleck, D.C., doing business
as East Texas Chiropractic, (registrant-R18022) of Jasper. A total penalty
of $5,000 is proposed to be assessed the registrant for alleged violations
of 25 Texas Administrative Code, §289.227.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200304632
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 30, 2003
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to Professional Service Industries, Inc.
(licensee-L04942) of Houston. A total penalty of $4,000 is proposed to be
assessed the licensee for alleged violations of 25 Texas Administrative Code,
Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200304631
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 30, 2003
Company Licensing
Application for admission to the State of Texas by HOUSING AUTHORITY PROPERTY
INSURANCE, INC., a foreign fire and/or casualty company. The home office is
in South Burlington, Vermont.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200304628
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: July 30, 2003
Instant Game Number 375 "Wild 7's"
1.0 Name and Style of Game.
A. The name of Instant Game No. 375 is "WILD 7'S". The play style in Game
1 is "match 3 or 2 with doubler". The play style in Game 2 is "key symbol/number
match with doubler". The play style in Game 3 is "key symbol/number match
with doubler". The play style in Game 4 is "yours beats theirs".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 375 shall be $7.00 per ticket.
1.2 Definitions in Instant Game No. 375.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 8,
9, 10, 11, 12, 13, 14, 15, $1.00, $2.00, $5.00, $7.00, $10.00, $11.00, $27.00,
$50.00, $77.00, $100, $1,000, $7,000, $100,000, $177,000, 7 SYMBOL, SNAKE
SYMBOL, ZEBRA SYMBOL, MONKEY SYMBOL, BUFFALO SYMBOL, WILDEBEEST SYMBOL, and
ANTELOPE SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a four
(4) digit security number which will be boxed and placed randomly within the
Serial Number. The remaining nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $7.00, $11.00, $17.00.
H. Mid-Tier Prize - A prize of $27.00, $47.00, $77, $177, $577.
I. High-Tier Prize - A prize of $7,000, $177,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A thirteen (13) digit number consisting of the
three (3) digit game number (375), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 074 within
each pack. The format will be: 375-0000001-000.
L. Pack - A pack of "WILD 7'S" Instant Game tickets contain 75 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of one
(1). The packs will alternate. One will show the front of ticket 000 and back
of 074, while the other fold will show the back of ticket 000 and front of
074.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WILD
7'S" Instant Game No. 375 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 "WILD 7'S"
Instant Game is determined once the latex on the ticket is scratched off to
expose 38 (thirty-eight) play symbols. In Game 1, if the player gets three
identical amounts, the player will win that amount matched. If the player
gets two identical amounts and a "7" symbol the player will win double the
amount matched. In Game 2, if the player matches any of the YOUR SYMBOLS to
the WINNING SYMBOLS, the player will win the amount shown below the matching
YOUR SYMBOL(S). If the player gets a "7" symbol under any of the YOUR SYMBOLS
the player will win double the prize shown below the "7" symbol. In Game 3,
if the player matches any of the YOUR NUMBERS to either of the WINNING NUMBERS,
the player will win the amount shown below the matching YOUR NUMBER(S). If
the player gets a "7" symbol under any of the YOUR NUMBERS the player will
win double the prize shown below the "7" symbol. In Game 4, if the player's
YOUR NUMBER is higher than THEIR NUMBER in the same row across, the player
will win the prize shown for that row. If the player gets a "7" symbol under
YOUR NUMBER, the player will win double the prize for that row in which the
"7" symbol appears. 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,
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;
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 will not have identical play data, spot
for spot.
B. Although not all prizes can be won in each game, all prize symbols may
be used in non-winning locations.
C. Game 1: No more than 2 pairs of like play symbols in this Game.
D. Game 1: No four or more like play symbols in this Game.
E. The "7" doubler symbol will only appear according to the prize structure
and will only appear once in this Game.
F. When the "7" doubler symbol appears in a winning Game, there will be
no more than two like play symbols in this Game.
G. Game 2: No duplicate Your Symbols on a ticket.
H. Game 2: No duplicate Winning Symbols on a ticket.
I. Game 2: No duplicate non-winning prize symbol on a ticket in this game.
J. The "7" doubler symbol will only appear on winning tickets as dictated
by the prize structure.
K. Game 3: No duplicate Your Number play symbols on a ticket.
L. Game 3: No duplicate Winning Number play Symbols on a ticket.
M. Game 3: No duplicate non-winning prize symbols on a ticket in this game.
N. The "7" doubler symbol will only appear on winning tickets as dictated
by the prize structure.
O. Game 4: No duplicate Yours play symbols on a ticket.
P. Game 4: No duplicate Theirs play symbols on a ticket.
Q. Game 4: No duplicate non-winning prize symbols on a ticket in this game.
R. Game 4: The "7" doubler symbol will only appear on winning tickets as
dictated by the prize structure.
S. Game 4: No ties between Yours and Theirs.
2.3 Procedure for Claiming Prizes.
A. To claim a "WILD 7'S" Instant Game prize of $7.00, $11.00, $17.00, $27.00,
$47.00, $77.00, $177, or $577, 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, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $47.00, $77.00, $177, or $577 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 2.3.C of these Game Procedures.
B. To claim a "WILD 7'S" Instant Game prize of $7,000 or $177,000, 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 "WILD 7'S" Instant Game prize,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource 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 "WILD 7'S"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "WILD 7'S" Instant Game, the Texas Lottery shall deposit
the amount of the prize in a custodial bank account, with an adult member
of the minor's family or the minor's guardian serving as custodian for the
minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. 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.
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 therefor, 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 therefor, 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 therefor.
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 6,117,300
tickets in the Instant Game No. 375. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
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. 375 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. 375,
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-200304597
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 29, 2003
This game procedure is amended to reflect changes to the number of tickets
in the game, the number of prizes available for each prize level, and the
odds of winning for each prize level. This amended game procedure supersedes
the game procedure for this game that was published in the June 6, 2003, issue
of the
Texas Register
(28 TexReg 4455).
1.0. Name and Style of Game.
A. The name of Instant Game Number 383 is "CROSSWORD." The play style is
"extended play puzzle."
1.1. Price of Instant Ticket.
A. Tickets for Instant Game Number 383 shall be $3.00 per ticket.
1.2. Definitions in Instant Game Number 383.
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--One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: A, B, C, D, E, F, G,
H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, and blackened square.
D. Play Symbol Caption--the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code--Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number--A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine 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 format will be: 0000000000000.
G. Low-Tier Prize--A prize of $3.00, $5.00, $10.00, or $20.00.
H. Mid-Tier Prize--A prize of $100 or $500.
I. High-Tier Prize--A prize of $5,000 or $35,000.
J. Bar Code--A 22 character interleaved two of five bar code which will
include a three digit game ID, the seven digit pack number, the three digit
ticket number and the nine digit Validation Number. The bar code appears on
the back of the ticket.
K. Pack-Ticket Number--A 13 digit number consisting of the three digit
game number (383), a seven digit pack number, and a three digit ticket number.
Ticket numbers start with 000 and end with 124 within each pack. The format
will be: 383-0000001-000.
L. Pack--A pack of "CROSSWORD" Instant Game tickets contain 125 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of one.
There will be two fanfold configurations for this game. Configuration A will
show the front of ticket 000 and the back of ticket 124. Configuration B will
show the back of ticket 000 and the front of ticket 124.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "CROSSWORD"
Instant Game Number 383 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 "CROSSWORD" Instant Game is determined once the latex on the ticket
is scratched off to expose 139 play symbols. The player must scratch off all
18 boxed squares in the YOUR LETTERS to reveal 18 letters. For each of the
18 letters revealed in YOUR LETTERS, the player must scratch the same letter
each time it is found in the CROSSWORD. For example, if the letter E is revealed
in your letters, the player must scratch all E's in the CROSSWORD. There are
three small letters above and beside the your letters that appear under the
latex on the ticket. These are smaller in size than your letters and are not
your letters to be used in playing the game. If the player has scratched three
or more complete words in the crossword, the player will win the corresponding
prize found in the prize legend on the back of the ticket. Only one prize
can be claimed per ticket. The player must then scratch the corresponding
letters found in the CROSSWORD puzzle. A "word" must contain at least three
letters. A "word" cannot be formed by linking letters diagonally or by reading
the letters from the bottom to top. Letters combined to form a complete "word"
must appear in an unbroken horizontal or vertical string of letters in the
CROSSWORD. An unbroken string of letters cannot be interrupted by a block
space. Words within words are not eligible for a prize. Every single letter
in the unbroken string must: (a) be revealed in YOUR LETTERS, and (b) be included
to form a "word". The possible complete words for this ticket are shown on
the CROSSWORD panel. Each possible complete word consists of three or more
letters and occupies an entire word space. Players must match all of the letters
in a possible complete word in order to complete the word. If the letters
revealed form three or more complete words on the CROSSWORD panel each of
which occupy a complete word space, the player will win the prize shown in
the prize legend for forming that number of words. 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. 139 possible 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,
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;
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 139 possible 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 139 possible Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 139 possible 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. A ticket can only win once.
B. Adjacent tickets in a pack will not have identical patterns.
C. Each ticket consists of a Your Letters area and one crossword puzzle
grid.
D. The crossword puzzle grid will be formatted with at least 109,000 configurations
(i.e. puzzle layouts not including words).
E. All crossword puzzle grid configurations will be formatted within a
grid that contains 11 spaces (height) by 11 spaces (width).
F. Each word will appear only once per ticket on the crossword puzzle grid.
G. Each letter will only appear once per ticket in the Your Letters play
area.
H. Each Crossword Puzzle Grid will contain 19 words per puzzle per ticket
made up of the following: a) 4 sets of 3-letter words; b) 5 sets of 4-letter
words; c) 3 sets of 5-letter words; d) 3 sets of 6-letter words; e) 1 set
of 7-letter words; f) 2 sets of 8-letter words; g) 1 set of 9-letter words.
I. There will be a minimum of three vowels in the Your Letters play area.
J. The length of words found in the crossword puzzle grid will range from
3-9 letters.
K. Only words from the approved word list will appear in the crossword
puzzle grid.
L. You will never find a word horizontally (in either direction), vertically
(in either direction), or diagonally (in either direction) in the Your Letters
play area that matches a word in the crossword puzzle grid.
M. Each crossword puzzle grid will have a maximum number of different grid
formations with respect to other constraints. That is, for identically formatted
crossword puzzles (i.e. the same grid), all "approved words" will appear in
every logical (i.e. 3 letter word = 3 letter space) position, with regards
to limitations caused by the actual letters contained in each word (i.e. will
not place the word "ZOO" in a position that causes an intersecting word to
require the second letter to be "Z", when in fact, there are no approved words
with a "Z" in the second letter position).
N. No one letter, with the exception of vowels, will appear more than nine
times in the crossword puzzle grid.
O. No ticket will match 11 words or more.
P. Three to 10 completed words will be revealed as per the prize structure
on winning tickets.
Q. All non-winning tickets will contain a) one completed word approximately
20% of the time; b) and two completed words approximately 80% of the time.
R. 16 to 18 Your Letters will open at least one letter in the crossword
puzzle grid.
2.3. Procedure for Claiming Prizes.
A. To claim a "CROSSWORD" Instant Game prize of $3.00, $5.00, $10.00, $20.00,
$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, make payment of the amount due the
claimant and physically void the ticket; provided that the Texas Lottery Retailer
may, but is not, in some cases, required to pay a $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 2.3.C
of these Game Procedures.
B. To claim a "CROSSWORD" Instant Game prize of $5,000 or $35,000, 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 "CROSSWORD" 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; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource 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 "CROSSWORD"
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 "CROSSWORD" 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. 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.
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 therefor, 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 therefor, 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 therefore.
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 6,104,750
tickets in the Instant Game Number 383. The approximate number and value of
prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0. End of the Instant Game. The Executive Director may, at any time,
announce a closing date (end date) for the Instant Game Number 383 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 Number
383, 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.
The following is a list of words approved by the Texas Lottery Commission
for use in this game.
TRD-200304457
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 23, 2003
1.0 Name and Style of Game.
A. The name of Instant Game No. 393 is "PICNIC PAYOUT". The play style
is "key symbol match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 393 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 393.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00,
$5.00, $10.00, $20.00, $50.00, $100, $300, $1,000, $3,000, $20,000, BASKET
SYMBOL, SUNGLASSES SYMBOL, ICE CREAM CONE SYMBOL, UMBRELLA SYMBOL, BALL SYMBOL,
SUN SYMBOL, KITE SYMBOL, WATERMELON SYMBOL, TABLE SYMBOL, TENT SYMBOL, COOLER
SYMBOL, BIKE SYMBOL, SANDWICH SYMBOL, and ANT SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a four
(4) digit security number which will be boxed and placed randomly within the
Serial Number. The remaining nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $8.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, or $300.
I. High-Tier Prize - A prize of $3,000 or $20,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (393), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 393-0000001-000.
L. Pack - A pack of "PICNIC PAYOUT" Instant Game tickets contain 250 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of two
(2). Tickets 000 and 001 will be on the top page, tickets 002 and 003 will
be on the next page and tickets 248 and 249 will be on the last page. Please
note that books will be in an A-B configuration.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "PICNIC
PAYOUT" Instant Game No. 393 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 "PICNIC
PAYOUT" Instant Game is determined once the latex on the ticket is scratched
off to expose 22 (twenty-two) play symbols. If the player matches any of the
YOUR SYMBOLS to either of the LUCKY SYMBOLS, the player will win the prize
shown below the matching YOUR SYMBOL. No portion of the display printing nor
any extraneous matter whatsoever shall be usable or playable as a part of
the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
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;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Symbol play symbols on a ticket.
C. No more than one pair of duplicate non-winning prize symbols on a ticket.
D. No duplicate Lucky Symbol play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "PICNIC PAYOUT" Instant Game prize of $2.00, $4.00, $8.00,
$10.00, $20.00, $50.00, $100, or $300, 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, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100, or $300 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 2.3.C of these Game Procedures.
B. To claim a "PICNIC PAYOUT" Instant Game prize of $3,000 or $20,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment
will be made to the bearer of the validated winning ticket for that prize
upon presentation of proper identification. When paying a prize of $600 or
more, the Texas Lottery shall file the appropriate income reporting form with
the Internal Revenue Service (IRS) and shall withhold federal income tax at
a rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "PICNIC PAYOUT" 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; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource 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 "PICNIC PAYOUT"
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 "PICNIC PAYOUT" 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. 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.
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 therefor, 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 therefor, 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 therefore.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,178,250
tickets in the Instant Game No. 393. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
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. 393 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. 393,
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-200304599
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 29, 2003
This game procedure is amended to reflect changes to the number of tickets
in the game, the number of prizes available for each prize level, and the
odds of winning for each prize level. This amended game procedure supersedes
the game procedure for this game that was published in the May 2, 2003, issue
of the
Texas Register (28 TexReg 3761).
1.0. Name and Style of Game.
A. The name of Instant Game Number 395 is "$1,000,000 CLASSIC." The play
style in Game 1 is "key number match with auto win and 10X win." The play
style in Game 2 "match three with doubler." The play style in Game 3 is "key
symbol match." The play style in Game 4 is "beat score." The play style in
Game 5 "key symbol match." The play style in Game 6 is "match three with doubler."
1.1. Price of Instant Ticket.
A. Tickets for Instant Game Number 395 shall be $20.00 per ticket.
1.2. Definitions in Instant Game Number 395.
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--One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible 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, $1.00, $2.00,
$4.00, $5.00, $10.00, $20.00, $50.00, $100, $200, $500, $1,000, $5,000, $ONE
MILL, NUGGET SYMBOL, CLASSIC SYMBOL, GOLD BAR SYMBOL, STACK OF COINS SYMBOL,
MONEY BAG SYMBOL, DIAMOND SYMBOL, POT OF GOLD SYMBOL, PIGGY BANK SYMBOL, WALLET
SYMBOL, HORSESHOE SYMBOL, HEADS SYMBOL, TAILS SYMBOL, STAR SYMBOL, STACK OF
BILLS SYMBOL.
D. Play Symbol Caption--the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code--Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number--A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine 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 format will be: 0000000000000.
G. Low-Tier Prize--A prize of $20.00.
H. Mid-Tier Prize--A prize of $40.00, $70.00, $100, $200, $350, $500.
I. High-Tier Prize--$5,000, $1,000,000.
J. Bar Code--A 22 character interleaved two of five bar code which will
include a three digit game ID, the seven digit pack number, the three digit
ticket number and the nine digit Validation Number. The bar code appears on
the back of the ticket.
K. Pack-Ticket Number--A 13 digit number consisting of the three digit
game number (395), a seven digit pack number, and a three digit ticket number.
Ticket numbers start with 000 and end with 074 within each pack. The format
will be: 395-0000001-000.
L. Pack--A pack of "$1,000,000 CLASSIC" Instant Game tickets contain 75
tickets, which are packed in plastic shrink-wrapping and fanfolded in pages
of one. The packs will alternate from pack to pack. Fanfold A: ticket front
000 will be the top ticket and 074 back will be on the last page. Fanfold
B: ticket back 000 will be on the top and ticket front 074 will be on the
last page.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "$1,000,000
CLASSIC" Instant Game Number 395 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 "$1,000,000 CLASSIC" Instant Game is determined once the latex on the
ticket is scratched off to expose 69 play symbols. In Game 1, if the player
matches any of YOUR NUMBERS to any of the WINNING NUMBERS, the player will
win the prize shown for that number. If the player gets a gold nugget symbol,
the player will win that prize automatically. If the player gets a "CLASSIC"
symbol the player will win 10 times that prize automatically. In Game 2, if
the player gets three like amounts, the player will win that amount. If the
player gets two like amounts plus a gold bar symbol, the player will win double
that amount. In Game 3, if the player gets a pot of gold symbol the player
will win $20 automatically. In Game 4, if the player's YOUR NUMBER is higher
than THEIR NUMBER within a game, the player will win the prize shown. In Game
5, if the player finds two like symbols, the player will win $40 instantly.
In Game 6, if the player gets three like amounts, the player will win that
amount. If the player gets two like amounts plus a stack of bills symbol,
the player will win double that amount. 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 69 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,
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;
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 69 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 69 Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 69 Play Symbols on the ticket must be printed in the Symbol
font and must correspond precisely to the artwork on file at the Texas Lottery;
the ticket Serial Numbers must be printed in the Serial font and must correspond
precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket
Number must be printed in the Pack-Ticket Number font and must correspond
precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2. Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. Although not all prize symbols may be won in each prize symbol location,
they may appear randomly throughout the locations on non-winning locations.
C. Game 1: No duplicate Winning Numbers play symbols.
D. Game 1: No duplicate non-winning Your Numbers on a ticket.
E. Game 1: No prize amount in a non-winning spot will correspond with the
Your Number play symbol (i.e. 5 and $5).
F. Game 1: The "CLASSIC" symbol will only appear as dictated by the prize
structure.
G. Game 2: No four or more of a kind.
H. Game 2: No more than two pairs of like amounts.
I. Game 2: The doubler "gold bar" symbol will only appear as dictated by
the prize structure.
J. Game 3: The "pot of gold" symbol will only appear as dictated by the
prize structure.
K. Game 4: No duplicate non-winning games.
L. Game 4: No ties between Yours and Theirs in a game.
M. Game 4: No duplicate non-winning prize symbols.
N. Game 6: No four or more of a kind.
O. Game 6: No more than 2 pairs of like amounts.
P. Game 6: The doubler "stack of bills" symbol will only appear as dictated
by the prize structure.
2.3. Procedure for Claiming Prizes.
A. To claim a "$1,000,000 CLASSIC" Instant Game prize of $20.00, $40.00,
$70.00, $100, $200, $350, 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, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a, $70.00, $100, $200, $350, 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 2.3.C of these Game Procedures.
B. To claim a "$1,000,000 CLASSIC" Instant Game prize of $5,000 or $1,000,000,
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 "$1,000,000 CLASSIC" 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; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource 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 "$1,000,000
CLASSIC" 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 "$1,000,000 CLASSIC" 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. 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.
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 therefor, 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 therefor, 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 therefore.
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 3,055,350
tickets in the Instant Game Number 395. The approximate number and value of
prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0. End of the Instant Game. The Executive Director may, at any time,
announce a closing date (end date) for the Instant Game Number 395 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 Number
395, 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-200304458
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 23, 2003
1.0 Name and Style of Game.
A. The name of Instant Game No. 399 is "TEXAS I-35". The play style is
"key symbol match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 399 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 399.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: $1.00, $2.00, $3.00,
$4.00, $5.00, $8.00, $10.00, $20.00, $35.00, $100, $350, $3,500, $35,000,
PRETZEL SYMBOL, HAMBURGER SYMBOL, FRENCH FRIES SYMBOL, HOT DOG SYMBOL, BOTTLE
SYMBOL, ICE CREAM SYMBOL, COOLER SYMBOL, GLASSES SYMBOL, DETOUR SIGN SYMBOL,
TRAFFIC LIGHT SYMBOL, CAR SYMBOL, TIRE SYMBOL, and GAS PUMP SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a four
(4) digit security number which will be boxed and placed randomly within the
Serial Number. The remaining nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $3.00, $5.00, $8.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $35.00, $45.00, $100, or $350.
I. High-Tier Prize - A prize of $3,500 or $35,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (399), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 124 within
each pack. The format will be: 399-0000001-000.
L. Pack - A pack of "TEXAS I-35" Instant Game tickets contain 125 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of one
(1). There will be 2 (two) fanfold configurations for this game. Configuration
A will show the front of ticket 000 and the back of ticket 124. Configuration
B will show the back of ticket 000 and the front of ticket 124.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TEXAS
I-35" Instant Game No. 399 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 "TEXAS I-35"
Instant Game is determined once the latex on the ticket is scratched off to
expose 22 (twenty-two) play symbols. If the player matches any of the YOUR
SYMBOLS to either of the TRAVEL SYMBOLS, the player will win the prize shown
below the matching YOUR SYMBOL. If the player gets a gas pump symbol in the
YOUR SYMBOLS play area, the player will win double the prize shown below the
gas pump symbol. No portion of the display printing nor any extraneous matter
whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
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;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Symbol play symbols on a ticket.
C. No duplicate non-winning prize symbols on a ticket.
D. No duplicate Travel Symbol play symbols on a ticket.
E. The "gas pump" symbol will only appear on winning tickets according
to the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "TEXAS I-35" Instant Game prize of $3.00, $5.00, $8.00, $10.00,
$20.00, $35.00, $45.00, $100, $350, 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, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $45.00, $100, or $350 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 2.3.C of these Game Procedures.
B. To claim a "TEXAS I-35" Instant Game prize of $3,500 or $35,000, 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 "TEXAS I-35" 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; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource 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 "TEXAS I-35"
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 "TEXAS I-35" 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. 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.
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 therefor, 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 therefor, 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 therefor.
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 5,135,375
tickets in the Instant Game No. 399. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
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. 399 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. 399,
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-200304598
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 29, 2003
Notice of Administrative Hearing
Wednesday, September 3, 2003, 1:00 p.m.
State Office of Administrative Hearings, William P. Clements Building,
300 West 15th Street, 4th Floor,
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
vs. Joe Watkins dba Watkins Investments to hear alleged violations of Sections
7(b) and 7(c) (currently found at Sections 1201.101(b) and 1201.101(c) of
the Occupations Code) of the Act and Sections 80.123(b) and 80.123(c) of the
Rules by not selling/negotiating to sell two or more manufactured homes within
a consecutive twelve month period without obtaining, maintaining, or possessing
a valid retailer's and/or broker's license. SOAH 332-03-4047. Department MHD2003001336-UR.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3578, jhicks@tdhca.state.tx.us
TRD-200304503
Timothy K. Irvine
Executive Director
Manufactured Housing Division
Filed: July 25, 2003
Notice of Application for Amendment to Certificated Service Area Boundaries within Travis County, Texas
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on July 24, 2003, for an amendment to certificated
service area boundaries within Travis County, Texas.
Docket Style and Number: Application of Oncor Electric Delivery Company
for a Certificate of Convenience and Necessity for Service Area Boundaries
within Travis County. Docket Number 28205.
The Application: Oncor Electric Delivery Company (Oncor) filed an application
to amend certificated service area boundaries in Travis County. The existing
service area boundary separating Oncor and Bluebonnet Electric Cooperative,
Incorporated's (Bluebonnet) certificated service areas bisects the Customer's
(Centex) multiphase development, known as the Villages of Elm Creek, located
in Travis County. Two small sections of large phases of the Elm Creek development,
that are located in the dually certificated areas of Oncor and Bluebonnet,
are located in the singly certificated service area boundaries in the area
to be revised to more closely align with development phase boundaries and
allow Oncor to serve the small areas currently located in the singly certificated
service area of Bluebonnet. Oncor requested an amendment to its certificate
to include the small areas located in the singly certificated areas of Bluebonnet
in its certificate; Bluebonnet has agreed to have its certificate amended
to delete these areas. The proposed certification amendment will alleviate
the current problem of residential lots that are bisected by the certification
boundary and will allow efficient provision of electric service to distinct
phases of the Customer's development.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas no later than August 15, 2003, 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 28205.
TRD-200304620
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 29, 2003
On July 21, 2003, Business Telecom, Inc. filed an application with the
Public Utility Commission of Texas (commission) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60117. Applicant intends to reflect a pro forma change in ownership/control.
The Application: Application of Business Telecom, Inc. for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
28155.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
August 13, 2003. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 28155.
TRD-200304452
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 23, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application filed on July 8, 2003, for approval of
annual purchased power and conservation factor true-up.
Docket Title and Number: Application of Southwestern Electric Power Company
for Approval of Annual Purchased Power and Conservation Factor True-Up. Docket
Number 28103.
The Application: Southwestern Electric Power Company (SWEPCO) filed an
application with the commission for annual adjustment of its purchased power
conservation factor (PPCF). For this annual adjustment, SWEPCO seeks to modify
its PPCF in order to (1) collect a 2002 under recovery of $4,989 and a 2003
cost of $400,000 for the low-income demand-side management program; and (2)
credit a 2002 over recovery of $135,015 and collect the 2003 estimated cost
of $889,650 for the renewable energy resources component. Additionally, SWEPCO
requested that the commission approve the proposed revised PPCF factors to
be collected for a one-year period, approve the changes to the PPCF to update
the interclass allocations, correct a typographical error in the tariff, and
include the actual factors in the tariff.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas by August 25, 2003, 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 at 1-800-735-2989.
All comments should reference Docket Number 28103.
TRD-200304496
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on July 22, 2003, for a certificate of convenience
and necessity in Montgomery County, Texas.
Docket Style and Number: Application of Entergy Gulf States, Incorporated
(EGSI) for a Certificate of Convenience and Necessity (CCN) for a Transmission
Line in Montgomery County. Docket Number 27935.
The Application: EGSI filed an application with the Public Utility Commission
of Texas for a Certificate of Convenience and Necessity to acquire and operate
a single-circuit 138-kV transmission line in Montgomery County, Texas. The
estimated cost of the project is approximately $1.1 million. There are no
alternates to the acquisition of this existing transmission line filed in
EGSI's application. The description of the route for the proposed transmission
line is as follows:
Preferred Route - The transmission line project currently originates at
a substation located and owned by Natural Gas Pipeline of America (NGPL) at
their Compressor Station No. 302, located on the east side of Farm-to-Market
Road (FM) 1485 in southeastern Montgomery approximately 13 miles southeast
of Conroe, Texas. There is approximately 0.2 mile of line constructed on the
compressor station site. From the compressor station, the transmission line
extends approximately 200 feet to the southeast then turns east and continues
to the east for approximately 600 feet before turning to the south. The line
continues south for approximately 0.9 mile where it turns southeasterly on
the east side of the FM 1485 right-of-way. The line continues along the road
to the southeast for approximately 0.4 mile, then turns southwest, crosses
FM 1485, and continues approximately 0.5 mile. From there, the line turns
west, continues approximately 0.3 mile, and then turns to the south along
the east side of a private road. The line parallels the road to the south
for approximately 0.2 mile then west for another 0.2 mile. It then crosses
Nichols Lane and continues west for approximately 0.4 mile. The line turns
north and traverses 0.2 mile, then turns west and continues for approximately
2.6 miles. The line then continues south for approximately 0.4 mile to a tap
on EGSI's Line 571. The total length of the existing transmission line is
approximately 6.5 miles. EGSI proposes to construct a substation immediately
southwest of the intersection of Firetower Road and FM 1485, and connect the
existing transmission to the new substation. The additional line required
to connect the existing line to the new substation (approximately 0.3 mile)
would occur on NGPL and EGSI property.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by September 5, 2003, 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 27935.
TRD-200304495
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 24, 2003
On July 25, 2003, LSSi Corp. filed an application with the Public Utility
Commission of Texas (commission) to relinquish its service provider certificate
of operating authority (SPCOA) granted in SPCOA Certificate Number 60290.
Applicant intends to relinquish its certificate.
The Application: Application of LSSi Corp. for an Amendment to its Service
Provider Certificate of Operating Authority, Docket Number 28210.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
August 13, 2003. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 28210.
TRD-200304559
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application for sale, transfer, or merger on July 23, 2003, pursuant
to the Public Utility Regulatory Act, Texas Utilities Code Annotated §§37.154
(Vernon 1998 & Supplement 2003).
Docket Style and Number: Application of LCRA Transmission Services Corporation
for Sale, Transfer, or Merger of Certain Assets to Austin Energy, Docket Number
28195.
The Application: The application is based upon a transaction whereby LCRA
Transmission Services Corporation sold, to Austin Energy, the remaining one-half
interest in the transmission line from the Fayette Power Project to the Lytton
Springs Substation that the City of Austin did not already own. Subsequent
to the transaction, the City of Austin will own 100% of the first circuit
and LCRA Transmission Services Corporation will own the second circuit.
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 28195.
TRD-200304524
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on July 24, 2003, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Fiesta Telephone Company, LP for
a Service Provider Certificate of Operating Authority, Docket Number 28206
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service.
Applicant's requested SPCOA geographic area includes the area served by
SBC Texas and Verizon in the 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
August 13, 2003. 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 28206.
TRD-200304558
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on July 25, 2003, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Network Billing Systems, LLC for
a Service Provider Certificate of Operating Authority, Docket Number 28217
before the Public Utility Commission of Texas.
Applicant intends to provide T1-Private Line, Fractional T1 services, and
dedicated T1- Service.
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
August 13, 2003. 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 28217.
TRD-200304560
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2003
Notice is given to the public of Livingston Telephone Company, Incorporated's
(Livingston) application filed with the Public Utility Commission of Texas
(commission) on July 18, 2003, to make a tariff rate change.
Docket Title and Number: Livingston Telephone Company's Statement of Intent
to Revise the Application of its Secondary Service Order Charge Effective
November 1, 2003 Pursuant to P.U.C. Substantive Rule §26.171. Tariff
Control Number 28152.
The Application: Livingston filed a statement of intent to implement a
one-time charge of $15.00 (secondary service order charge) applicable to the
customer's new local service provider (LSP) or primary interexchange carriers
(PICs) when there is a change in a customer's current LSP or PIC(s) and when
Livingston is required to notify the PIC(s) of the change in accordance with
the commission rules.
The estimated annual revenue effect of this tariff change is $14,400. In
addition, Livingston estimates that this tariff change, together with any
other proposed or approved tariff changes in the 12-months preceding, will
increase the regulated intrastate gross annual revenues of Livingston by $140,728
or 3.18%.
Customers have a right to petition the commission for a review of this
application. The commission may suspend the application for further review
if the lesser of 5.0% or 1,500 of Livingston's existing customers sign a complaint
relating to the proposed change. The deadline to comment or request to intervene
in this proceeding is October 1, 2003. Persons wishing to comment or intervene
should contact the Public Utility Commission of Texas, Customer Protection
Division, P.O. Box 13326, Austin, Texas 78711-3326 or call the commission
at (512) 936-7120 or in Texas (toll-free) at 1-888-782-8477. Hearing- and
speech-impaired individuals with text telephones (TTY) may contact the commission
at (toll-free) 1-800-735-2988.
TRD-200304561
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2003
On July 22, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Dobson Cellular Systems, Incorporated, collectively referred to
as applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2003) (PURA). The joint application has been
designated Docket Number 28173. The joint application and the underlying interconnection
agreement are available for public inspection at the commission's offices
in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing three copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
28173. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 22, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28173.
TRD-200304505
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
On July 22, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Logix Communications Corporation, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2003) (PURA). The joint application has been designated Docket
Number 28174. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing three copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
28174. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 22, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28174.
TRD-200304506
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
On July 22, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Focal Communications Corporation of Texas, collectively referred
to as applicants, filed a joint application for approval of amendment to an
existing interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2003) (PURA). The joint application has been
designated Docket Number 28179. The joint application and the underlying interconnection
agreement are available for public inspection at the commission's offices
in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing three copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
28179. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 22, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28179.
TRD-200304507
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
On July 22, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Broadview Networks, Incorporated, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2003) (PURA). The joint application has been designated Docket
Number 28180. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing three copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
28180. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 22, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 28180.
TRD-200304508
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
On July 23, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and AT&T Broadband Phone of Texas, LLC, collectively referred to
as applicants, filed a joint application for approval of amendment to an existing
interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2003) (PURA). The joint application has been
designated Docket Number 28193. The joint application and the underlying interconnection
agreement are available for public inspection at the commission's offices
in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing three copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
28193. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by August 25, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 28193.
TRD-200304510
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
Notice is given to the public of the filing, on July 22, 2003, with the
Public Utility Commission of Texas, 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 about August 1, 2003.
Docket Title and Number. Verizon Southwest's Application for Approval of
LRIC Study for Extended Metro Service (EMS) Pursuant to P.U.C. Substantive
Rule 26.215, Docket Number 28169.
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 28169. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
Customer Protection Division at (512) 936-7120. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200304499
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
Notice is given to the public of the filing, on July 22, 2003, with the
Public Utility Commission of Texas, 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 August 1, 2003.
Docket Title and Number. Southwestern Bell Telephone, LP doing business
as SBC Texas Application for Approval of LRIC Study for Service Date Change
Charge/Dispatch Charge Pursuant to P.U.C. Substantive Rule 26.215, Docket
Number 28171.
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 28171. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission
Customer Protection Division at (512) 936-7120. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-200304500
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
On July 22, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Phone-Link, Incorporated, collectively referred to as applicants,
filed a joint application for approval of interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA).
The joint application has been designated Docket Number 28172. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing three copies of the comments with the commission's filing clerk.
Additionally, a copy of the comments should be served on each of the applicants.
The comments should specifically refer to Docket Number 28172. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
August 22, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28172.
TRD-200304504
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
On July 23, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Plateau Wireless, collectively referred to as applicants, filed
a joint application for approval of interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA).
The joint application has been designated Docket Number 28192. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing three copies of the comments with the commission's filing clerk.
Additionally, a copy of the comments should be served on each of the applicants.
The comments should specifically refer to Docket Number 28192. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
August 25, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136. All correspondence should refer to Docket Number 28192.
TRD-200304509
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
On July 23, 2003, Southwestern Bell Telephone, LP doing business as SBC
Texas and Broadriver Communications Corporation, collectively referred to
as applicants, filed a joint application for approval of interconnection agreement
under §252(i) of the federal Telecommunications Act of 1996, Public Law
Number 104-104, 110 Statute 56, (codified as amended in scattered sections
of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act,
Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement
2003) (PURA). The joint application has been designated Docket Number 28194.
The joint application and the underlying interconnection agreement are available
for public inspection at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing three copies of the comments with the commission's filing clerk.
Additionally, a copy of the comments should be served on each of the applicants.
The comments should specifically refer to Docket Number 28194. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
August 25, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28194.
TRD-200304513
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
On July 24, 2003, GTE Southwest, Incorporated doing business as Verizon
Southwest and Broadriver Communications Corporation, collectively referred
to as applicants, filed a joint application for approval of interconnection
agreement under §252(i) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2003) (PURA). The joint application has been designated Docket
Number 28207. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing three copies of the comments with the commission's filing clerk.
Additionally, a copy of the comments should be served on each of the applicants.
The comments should specifically refer to Docket Number 28207. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
August 26, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28207.
TRD-200304514
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
On June 12, 2003, Lightyear Comunicaciones, Incorporated and GTE Southwest,
Incorporated doing business as Verizon Southwest, collectively referred to
as applicants, filed a joint application for approval to adopt the rates,
terms, and conditions of a previously-approved interconnection agreement adopted
pursuant to the §252(e) of the federal Telecommunications Act of 1996,
Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 &
Supplement 2003) (PURA). The joint application has been designated Docket
Number 28208. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing three copies of the comments with the commission's filing clerk.
Additionally, a copy of the comments should be served on each of the applicants.
The comments should specifically refer to Docket Number 28208. As a part of
the comments, an interested person may request that a public hearing be conducted.
The comments, including any request for public hearing, shall be filed by
August 26, 2003, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or by phone
at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936- 7136. All correspondence should refer to Docket Number 28208.
TRD-200304515
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 25, 2003
The Public Utility Commission of Texas (commission) proposes a new form,
Copies of the proposed filing package are available in the commission's
Central Records Division, Room G-113, under Project Number 26892. Copies of
the form may also be accessed via the Internet at http://www.puc.state.tx.us/electric/projects/26892/26892.cfm.
Written comments on the proposed form and related question may be submitted
to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress
Avenue, Austin, Texas, 78711 on or before September 8, 2003. Reply comments,
if any should be submitted on or before September 18, 2003. All comments should
refer to Project Number 26892.
Questions concerning the proposed form or this notice should be directed
to Darryl Tietjen, Director of Financial Analysis, Financial Review Division,
at 512-936-7436 or darryl.tietjen@puc.state.tx.us. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at 512-936-7136.
TRD-200304557
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2003
The Public Utility Commission of Texas (commission or PUCT) announces a
Request for Offers (RFO) for private consultant services pursuant to Texas
Government Code, Chapter 2254, Subchapter B. The consultant will assist the
commission with the day-to-day operation of the Electric Reliability Council
of Texas (ERCOT) Wholesale Electricity Market, including evaluation of proposed
changes to the market rules.
The PUCT hereby discloses that similar services have been previously provided
to the commission by a consultant. The PUCT intends to award this contract
to Dr. Shmuel Oren, the consultant who is currently providing consulting services
to the commission relating to oversight of the electric market and competition
in Texas, unless a better offer is received.
In accordance with Texas Government Code §2254.026, the PUCT has determined
that there is a substantial need for these consulting services and the commission
cannot adequately perform the services with its own personnel or obtain the
consulting services through a contract with another state governmental agency.
The PUCT has submitted a request to the Governor's Office of Budget and Planning
for a finding of fact that the requested consulting services are necessary.
The PUCT's award of a major consulting contract is contingent upon its receipt
of such a finding.
Eligible Proposers.
The PUCT is requesting
offers from entities with experience in electric market monitoring activities.
Specifically, proposers should have (1) extensive background in economics
of market operation, engineering aspects of electricity generation and transmission,
and operations research modeling; (2) extensive knowledge of electric industry
restructuring and competitive wholesale electricity markets in the United
States and abroad; (3) full familiarity with the current market design in
the ERCOT wholesale electricity market; and (4) a minimum of three years experience
providing advice regarding ERCOT wholesale electricity market operation and
direct involvement with the development of the ERCOT wholesale electricity
market operation and design. Entities that meet the definition of a historically
underutilized business (HUB), as defined in Texas Government Code §2161.001,
are encouraged to submit an offer.
Project Description.
The consultant will:
(1) work with commission staff and ERCOT stakeholders to implement the new
Texas Nodal market design approved by the commission in PUCT Project Number
26376; (2) participate in meetings and discussions with commission staff and
ERCOT stakeholders assessing major market conditions and issues; (3) advise
the PUCT Market Oversight Division in detecting the abuse of market power
and other anticompetitive behaviors by market participants and assist Staff
in resulting investigation; and (4) provide other services identified in the
RFO. A complete description of the Scope of Services is set forth in the RFO.
The consultant will be expected to begin performance of the contract on or
about September 18, 2003. The budgeted amount for this contract is $5,200
per month for 13 hours of consultation and a travel allowance of up to $500,
in keeping with State of Texas travel guidelines, per required trip to Austin.
Review and Award Criteria.
Each offer will
first be screened for completeness and timeliness. Offers that are deemed
incomplete will not be reviewed. In selecting a consultant, the PUCT will
base its choice on demonstrated competence, knowledge, and qualifications
and on the reasonableness of the proposed fee for the services. If other considerations
are equal, the PUCT will give preference to a consultant whose principal place
of business is in Texas or who will manage the consulting contract wholly
from an office in Texas. The criteria and review process are further described
in the RFO. Proposers will be notified in writing of the selection.
Requesting the RFO.
A complete copy of the
RFO for Consulting Services to assist the PUCT with the day-to-day operation
of the ERCOT Wholesale Electricity Market may be obtained by writing Lisa
Trueper, Purchaser, Public Utility Commission of Texas, William B. Travis
Building, 1701 North Congress Avenue, Austin, Texas 78701, or by e-mail: lisa.trueper@puc.state.tx.us.
The RFO will be published on the following websites: the Public Utility Commission
of Texas website at www.puc.state.tx.us under "Hot Topics" and the Electronic
Business Daily website sponsored by the Texas Department of Economic Development
at www.marketplace.state.tx.us. The RFO will be available August 8, 2003,
and will be mailed on that date to all parties that have requested a copy
and to a list of prospective proposers prepared by PUC Staff.
For Further Information.
For clarifying information
about this RFO, contact Lisa Trueper, Purchaser, Public Utility Commission
of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin,
Texas 78701, or e-mail: lisa.trueper@puc.state.tx.us.
Deadline for Receipt of Offers.
Offers must
be marked "Confidential" and received no later than 3:00 p.m. (CST) on Wednesday,
September 3, 2003 in the Public Utility Commission of Texas Central Records,
Room G-113, Public Utility Commission of Texas, William B. Travis Building,
1701 North Congress Avenue, Austin, Texas 78701. Offers received in Central
Records after 3:00 p.m. will not be considered. Offers may be filed in Central
Records between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on
holidays. Regardless of the method of submission of the offer, the commission
will rely solely on the time/date stamp of Central Records in establishing
the time and date of receipt. Offers should be filed under Project Number
23100.
TRD-200304614
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 29, 2003
The Public Utility Commission of Texas (commission or PUC) is issuing a
Request for Proposals (RFP) for assistance in maintaining the electric and
statewide "Do Not Call" Lists. The commission is authorized to enter into
a contract for the operation of a database. This RFP is being undertaken pursuant
to the commission's authority under Texas Business and Commerce Code §§43.101
- 43.104, as amended during the 78th Legislative Regular Session, and Texas
Utilities Code §39.1025. The commission is responsible for establishing
and operating a database that lists the names, zip codes, and telephone numbers
of consumers in this state who object to receiving unsolicited telemarketing
or telephone calls. In addition to this general list, the commission must
also establish and operate a database of electric consumers who object to
receiving unsolicited telemarketing or telephone calls relating to the customer's
choice of retail electric providers. The commission currently has a contract
with Gryphon Networks to perform these services. Gryphon is eligible to submit
a proposal to continue operating the Texas No Call databases.
To be considered, the proposals must arrive at the PUC on or before 3:00
p.m., C.S.T., Monday, August 18, 2003. The vendor will be designated by the
commission on or about August 21, 2003 and must be prepared to commence service
on September 1, 2003.
Eligible Proposers.
By statute, only entities
that have maintained a national no-call list database for more than two years
containing the names and telephone numbers of consumers in Texas who have
previously requested to be added to the vendor's national no-call list are
eligible for an award of any contract resulting from this RFP. Entities that
meet the definition of a historically underutilized business (HUB), as defined
in Chapter 2161, Texas Government Code, §2161.001, are encouraged to
submit a proposal.
Project Description.
This RFP contains three
basic services for which a vendor is needed. These services include, but are
not limited to, the following: (1) enrollment services via telephone, internet,
and mail to accept applications and fees; (2) data entry and maintenance of
database(s) to compile registrant information; and, (3) access to the Do Not
Call List by appropriate parties upon proper request. The commission will
provide the vendor with the use of its toll-free 1-866-896-6225 telephone
number and website address at www.texasnocall.com.
Compensation.
The PUC has not been appropriated
any funds for the purposes of operating the Do Not Call List. All compensation
to the vendor shall come from the PUC-approved fees paid by applicants for
inclusion on the Statewide No Call List and Electric No Call List and from
Registered Entities that seek access to the Do Not Call Lists.
Selection Criteria.
A proposal will be selected
based on the ability of the proposer to provide the best value to the state.
In addition to the proposer's ability to carry out all of the requirements
contained in this RFP and demonstrated competence and qualifications of the
proposer, the reasonableness of the proposed fee will be considered. A team
of staff evaluators will review all the proposals submitted. A complete description
of selection criteria is set forth in the RFP. Proposers will be notified
in writing of the selection.
Requesting the Proposal.
A complete copy
of the RFP may be obtained by written request to Lisa Trueper, Purchaser,
Public Utility Commission of Texas, William B. Travis Building, 1701 North
Congress Avenue, Austin, Texas 78701, or by fax (512) 936-7058, or by e-mail
lisa.trueper@puc.state.tx.us. The RFP will be published on the following Web
sites: the Public Utility Commission of Texas website at www.puc.state.tx.us
under "Hot Topics" and the Electronic Business Daily website sponsored by
the Texas Department of Economic Development at www.marketplace.state.tx.us.
The RFP will be available August 4, 2003 and will be mailed on that date to
all parties who have requested a copy and to a list of prospective proposers
prepared by PUC staff.
Deadline for Receipt of Proposals.
Proposals
must be marked "Confidential" and received no later than 3:00 p.m. on Monday,
August 18, 2003, in the Public Utility Commission of Texas Central Records,
Room G-113, Public Utility Commission of Texas, William B. Travis Building,
1701 North Congress Avenue, Austin, Texas 78701. Proposals received in Central
Records after 3:00 p.m. on Monday, August 18, 2003, will not be considered.
Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m.,
Monday through Friday, except on holidays. Regardless of the method of submission
of the proposal, the commission will rely solely on the time/date stamp of
Central Records in establishing the time and date of receipt. Proposals should
be filed under Project Number 24376.
TRD-200304622
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 29, 2003
Public Notice--Disadvantaged Business Enterprise Goals, Fiscal Year 2004
In accordance with Title 49, Code of Federal Regulations, Part 26, recipients
of federal-aid funds authorized by the Transportation Equity Act for the 21st
Century (TEA 21) are required to establish Disadvantaged Business Enterprise
(DBE) programs. Section 26.45 requires the recipients of federal funds, including
the Texas Department of Transportation, to set overall goals for DBE participation
in U.S. Department of Transportation assisted contracts. As part of this goal-setting
process, the Texas Department of Transportation is publishing this notice
to inform the public of the proposed overall goals, and to provide instructions
on how to obtain copies of documents explaining the rationale for each goal.
The proposed Fiscal Year 2004 DBE goals are 12.44% for highway design and
construction, 14.59% for aviation and 6.02% for public transportation. The
proposed goals and goal-setting methodology for each are available for inspection
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, for 30
days following the date of this notice. The information may be viewed in the
office of the Texas Department of Transportation, Construction Division, Business
Opportunity Programs Section, 200 West Riverside Drive, Austin, Texas 78704.
The department will accept comments on the DBE goals for 45 days from the
date of the notice. Comments can be sent to Efrem Casarez, Construction Division,
125 East 11th Street, Austin, Texas 78701; Toll Free (866) 480-2518; Fax:
(512) 486-5500; or E-mail:
ecasarez@dot.state.tx.us
TRD-200304460
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 24, 2003
The airport sponsor listed, through its agent, the Texas Department of
Transportation (TxDOT), intends to engage aviation professional engineering
firms for services pursuant to the Government Code, Chapter 2254, Subchapter
A. TxDOT, Aviation Division will solicit and receive qualifications for professional
engineering design services as described in the listed project scope.
Airport Sponsor: City of Fort Worth, Fort Worth Meacham International Airport.
TxDOT CSJ No.: 0302MEACH Scope: Provide engineering/design services to: Overlay
TW C & C1, replace airfield lighting regulators, install RW guidance sign
caps, Mark RW 16-34, 17-35, 9-27, rehabilitate TW hangar access area and apron.
The expected time from the initial notice to proceed until completion of the
final design phase is 120 calendar days.
Future items in the next five years may include engineering designs services
to: Rehab/Reconstruct runways, taxiways, and aprons, improve runway safety
area, construct access taxiway, add additional fencing, and reinstall MALSR.
Project Manager: Alan Schmidt, P.E.
Interested firms shall utilize the Form 439, titled "Aviation Engineering
Services Questionnaire" (August 2000 version). The forms may be requested
from TxDOT, Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483,
Phone number, 1-800-68-PILOT (74568). The form may be e-mailed by request
or downloaded from the TxDOT web site, URL address
http://www.dot.state.tx.us/business/avnconsultinfo.htm
Download the file from the selection "Engineer Services Questionnaire Packet".
The form may not be altered in any way, and all printing must be in black.
QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (
Note: The form is in MS Word
).
Two completed, unfolded copies of Form 439 (August 2000 version), must
be postmarked by U. S. Mail by midnight August 20, 2003 (CDST). Mailing address:
TxDOT, Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483.
Overnight delivery must be received by 4:00 p.m. (CDST) on August 21, 2003;
overnight address: TxDOT, Aviation Division, 200 East Riverside Drive, Austin,
Texas, 78704. Please send Form 439's to the attention of
Amy Deason
. Hand delivery must be received by 4:00 p.m. August 22,
2003 (CDST); hand delivery address: 150 East Riverside Drive, 5th Floor, South
Tower, Austin, Texas 78704. The two pages of instructions should not be forwarded
with the completed questionnaires. Electronic facsimiles will not be accepted.
E-MAIL DELIVERY OPTION.
Your form 439 may
be e-mailed to TxDOT, at e-mail address:
AVNRFQ@dot.state.tx.us
E-mails must be
received by 4:00 p.m.
, August
20, 2003. Received times will be determined by the marked time and date as
the e-mail is received into the TxDOT network system. Please allow sufficient
time to ensure delivery into the TxDOT system by the deadline. After receipt,
you will be electronically notified of receipt by return e-mail. Return notification
may be delayed by a day or two, as the forms will be opened and printed at
the TxDOT offices. Before e-mailing the form, please confirm your completion
of the form. TxDOT will directly print the transmittal and
not change the formatting or information contained on the form following receipt.
Signatures will not be required on electronically submitted forms.
You may type in the responsible party's name on the signature line.
The airport sponsor's duly appointed committee will review all professional
qualifications and may select three to five firms to submit proposals. Those
firms selected will be required to provide more detailed, project-specific
proposals which address the project team, technical approach, Disadvantage
Business Enterprise (DBE) participation, design schedule, and other project
matters, prior to the final selection process.
The final engineer selection by the committee will generally be made following
the completion of review of Request for Qualification statements/proposals
and/or engineer interviews. TxDOT reserves the right to reject any or all
statements of qualifications, and to conduct new professional services selection
procedures.
If there are any procedural questions, please contact Amy Deason, Grant
Manager, or Alan Schmidt, P.E., Project Manager, for technical questions at
1-800-68-PILOT (74568).
TRD-200304466
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 24, 2003
Office of the Attorney General
Texas Building and Procurement Commission
Central Texas Council of Governments
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Deep East Texas Council of Governments
Texas Commission on Environmental Quality
Notice of Water Quality Applications
Texas Ethics Commission
General Land Office
Texas Department of Health
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Karnes County Hospital District, dba Otto Kaiser Memorial Hospital
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Michael Fleck, D.C., dba East Texas Chiropractic
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to Professional Service Industries, Inc.
Texas Department of Insurance
Texas Lottery Commission
Instant Game Number 383 "Crossword"
Instant Game Number 393 "Picnic Payout"
Instant Game Number 395 "$1,000,000 Classic"
Instant Game Number 399 "Texas I-35"
Manufactured Housing Division
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Approval of Annual Purchased Power and Conservation Factor True-Up
Notice of Application for Certificate of Convenience and Necessity in Montgomery County, Texas
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Sale, Transfer, or Merger
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Filing Made for Approval of a Tariff Rate Change Pursuant to P.U.C. Substantive Rule §26.171
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Intent to File LRIC Pursuant to P.U.C. Substantive Rule 26.215
Public Notice of Intent to File LRIC Pursuant to P.U.C. Substantive Rule 26.215
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Request for Comments on Filing Package for PURA §39.262 True-up Proceedings
Request for Offers for Consulting Services
Request for Proposals to Assist the Public Utility Commission of Texas in Maintaining the Electric and Statewide "Do Not Call" Lists
Texas Department of Transportation
Public Notice--Requests for Qualifications for Engineering Services--Aviation Division
Texas Workers' Compensation Commission