The Department of Assistive and Rehabilitative Services (DARS), Division for Deaf and Hard of Hearing Services (DHHS) is requesting proposals for new grant awards for Fiscal Year 2005 for projects under the Hard of Hearing Services program The purpose of this program is to expand or otherwise improve the provision of services to individuals who are hard of hearing, late-deafened or oral deaf.

Note to Applicants: The estimated funding levels in this notice do not bind DHHS to make awards or to any specific number of awards or funding levels.

Contact: Parties interested in submitting a proposal should contact the Division for Deaf and Hard of Hearing Services, P.O. Box 12904, Austin, Texas 78711, 512-407-3250 (Voice) or 512-407-3251 (TTY), to obtain a complete copy of the RFP. The RFP is also available for pick-up at 4800 North Lamar, Suite 100, Austin, Texas 78756, during normal business hours. The RFP is not available through fax. The RFP will also be available on the DHHS website at www.tcdhh.state.tx.us.

Closing Date: Proposals must be received in the DHHS Office, 4800 North Lamar, Suite 100, Austin, Texas 78756 no later than 5 p.m. on August 13, 2004. Proposals received after this time and date will not be considered.

Award Procedure: All proposals will be subject to evaluation by a review team using a scoring method based on the evaluation criteria set forth in the RFP. The review team will determine which proposals best meet the established criteria and will make selection recommendations for each priority to the Assistant Commissioner. Any applicant may be asked to clarify any information in their proposal, which may involve either written or oral presentations of requested information. The initial contract awards could start as early as September 1, 2004.

DHHS reserves the right to accept or reject any or all proposals submitted. DHHS is under no legal or other obligation to execute a grant on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits DHHS to pay for any costs incurred prior to the award of a grant.

TRD-200404391

Terrell I. Murphy

Commissioner

Department of Assistive and Rehabilitative Services

Filed: July 6, 2004

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. 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 project(s) during the period of June 24, 2004, through July 1, 2004. The public comment period for these projects will close at 5:00 p.m. on August 6, 2004.

FEDERAL AGENCY ACTIONS:

Applicant: Cinco Natural Resources Corporation ; Location: The project is located in Matagorda Bay, State Tract 150, NW/4, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Carancahua Pass, Texas. Approximate UTM Coordinates for the State Tract 150 Well No. 2 and the beginning of the proposed 723.4 foot pipeline in NAD 27 (meters): Zone 14; Easting: 757437; Northing: 3163388. The pipeline would tie into the existing ST 150 Well No.1 located at UTM Coordinates: Zone 14; Easting: 757651; Northing: 3163412. Project Description: The applicant proposes to install, operate, and maintain State Tract 150 Well No. 2. The applicant also proposes to construct a 723.4-foot pipeline to run from State Tract 150 Well No 2 to the existing State Tract Well No. 1. The applicant proposes to place a shell pad constructed of approximately 4,500 cubic yards of shell, crushed rock, or washed gravel as a base for the proposed drilling rig and production facility. A temporary trench (approximately 2-foot wide by 723.4-foot long by 3-foot deep) measuring approximately 1,446.8 square feet would be constructed by jetting, disking or plowing during pipeline installation. Up to 5 feet of bay bottom (7,234 square feet) to either side of the trench would be temporarily affected. The trench is expected to fill in naturally. Water depths in the project area range between minus 9.5 feet mean low tide (MLT) and minus 10.5 feet MLT. These oil field development activities include the installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines. Once construction has ended the shell pads would be left in place. CCC Project No.: 04-0214-F1; Type of Application: U.S.A.C.E. permit application #23439 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 §1251-1387). Note: The consistency review for this project may be conducted by the Railroad Commission under §401 of the Clean Water Act.

Applicant: The Houston Exploration Company ; Location: The project is located approximately 16 miles SE of Galveston in the Galveston Anchorage Area, Block 191, Offshore, in Federal waters of the Gulf of Mexico, Texas. The project can be located at Latitude: 29' 08" 03 degree, Longitude 94' 35" 19 degree or State Plane Coordinates, South Central Texas, NAD 27 (feet): X=3,407,891; Y=499,516. Project Description: The applicant proposes to install, operate, and maintain a typical jack-up rig, caisson well protector, with appurtenant structures and equipment necessary to conduct oil and gas drilling production operations for Galveston Block 191, Well No. 1 and Caisson No. 1. CCC Project No.: 04-0220-F1; Type of Application: U.S.A.C.E. permit application #23475 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: City of Corpus Christi ; Location: The project is located in Placement Area (PA) Number 2 for the North Padre Island Storm Damage Reduction and Environmental Restoration (Packery Channel) Project on the northern end of Padre Island at the north side of Packery Channel, off of Zahn Road, Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Crane Islands SW, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 676500; Northing: 3056250. Project Description: The applicant proposes to replace the cellular concrete mattresses that were to be placed on PA No. 2 as part of the Packery Channel Project with a boat ramp. Approximately 950 cubic yards of material would be mechanically excavated to achieve a maximum depth of -9 feet mean low/low water. Excavated material would be spread over the project site. The proposed ramp would be 90.5 feet wide by 91 feet long and consist of 50 cubic yards of 6-inch cellular concrete mattresses and 100 cubic yards of 1-foot-thick of 5-100-pound blanket stone placed below the mean high/high water elevation as well as non-woven geotextile. Some of this material would be placed as riprap along the sides of the ramp. The ramp would be divided into two 32-foot lanes by an 8- by 85-foot timber/composite material dock with an L-head loading dock on each side for staging and accessibility. The L-head docks would consist of an 8- by 75-foot walkway with a 10- by 25.75-foot terminal structure. An asphalt parking lot and roadway would also be constructed on the site to support the boat ramp. A mitigation plan for impacts associated with the Packery Channel Project has already been approved. CCC Project No.: 04-0217-F1; Type of Application: U.S.A.C.E. permit application #23427 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 §1251-1387).

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. Gwen Spriggs, Council Administrative Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or gwen.spriggs@glo.state.tx.us. Comments should be sent to Ms. Spriggs at the above address or by fax at (512) 475-0680.

TRD-200404403

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: July 7, 2004

Office of Consumer Credit Commissioner

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 and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 07/12/04 - 07/18/04 is 18% for Consumer ¹ /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 07/12/04 - 07/18/04 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.

TRD-200404404

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 7, 2004

Texas Education Agency

Request for Applications Concerning Career and Technology Education State Leadership Projects

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under RFA #701-04-037 from local education agencies, eligible institutions, regional education service centers, or a consortium of two or more of these entities that has the capacity and resources to provide statewide projects in Texas. Eligible institutions are institutions of higher education or local education agencies providing education at the postsecondary level.

Description. The purpose of this RFA is to solicit grant applications from eligible applicants to carry out statewide programs to (a) support the development and improvement of rigorous career and technology education programs; (b) develop, coordinate, and conduct sustainable, intensive program-specific professional development; (c) support effective secondary/postsecondary partnerships in providing seamless, non-duplicative career and technology education by screening and documenting the training and credentials of Advanced Technical Credit Program Teachers; (d) develop a comprehensive, coordinated framework of career pathway models for career and technology education; and (e) provide online instructional materials, teaching resources, and information on meeting the unique needs of students who are members of special populations.

Dates of Project. The Career and Technology Education State Leadership Projects will be implemented during the 2004-2005 and 2005-2006 school years. Applicants should plan for a starting date of no earlier than January 1, 2005, and an ending date of no later than May 31, 2006.

Project Amount. Funding will be provided for approximately 19 projects. Each project will receive awards ranging from $10,000 to $325,000 for the 2004-2005 school year. Continuation funding, if available, will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the commissioner of education and the U.S. Congress. This project is funded 100 percent from Carl D. Perkins Vocational and Technical Education federal funds.

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

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

Requesting the Application. A complete copy of RFA #701-04-037 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/opge/disc/index.html for viewing and downloading.

Further Information. For clarifying information about the RFA, email Career@tea.state.tx.us, Division of Curriculum, Texas Education Agency. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any additional information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://www.tea.state.tx.us/opge/disc/index.html.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, September 9, 2004, to be eligible to be considered for funding.

TRD-200404402

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: July 7, 2004

Texas Commission on Environmental Quality

Notice of Comment Period and Announcement of Public Meeting on Proposed Amendments to the Standard Permit for Temporary Rock Crushers

The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity for public comment and will conduct a public meeting to receive testimony concerning proposed amendments to the standard permit for temporary rock crushers proposed for issuance under Texas Health and Safety Code, Texas Clean Air Act, §382.05195, Standard Permit, and Title 30 Texas Administrative Code (TAC) Chapter 116, Subchapter F, Standard Permits.

PROPOSED AMENDED STANDARD PERMIT

The proposed amendments to the standard permit for temporary rock crushers are applicable to temporary rock or concrete crushing facilities that use the standard permit to authorize operations. The proposed amendments implement changes associated with House Bill 1287 passed in the 78th Legislature, 2003. House Bill 1287 modified provisions of the Texas Clean Air Act concerning distance limitations for concrete crushing facilities. The proposed amendments also include changes to improve readability, changes to increase flexibility, various corrections and updates, and a restriction on the use of the standard permit to authorize permanent or long-term crushing operations. Most requirements concerning emission limits, control requirements, and recordkeeping have not changed substantially.

The New Source Review Program under Chapter 116 requires any person who plans to construct any new facility or to engage in the modification of any existing facility that may emit air contaminants into the air of the state to obtain a permit in accordance with 30 TAC §116.111, General Application; satisfy the de minimis criteria of 30 TAC §116.119, De Minimis Facilities or Sources; or satisfy the conditions of a standard permit, a flexible permit, or a permit by rule before any actual work is begun on the facility. A standard permit authorizes the construction or modification of new or existing facilities that are similar in terms of operations, processes, and emissions.

An amendment to a standard permit is subject to the procedural requirements of 30 TAC §116.605, Standard Permit Amendment and Revocation, which includes a 30-day public comment period and a public meeting to provide an additional opportunity for public comment. Any person who may be affected by the emission of air pollutants from facilities that may be registered under the standard permit is entitled to submit written or verbal comments regarding the proposed standard permit.

PUBLIC MEETING

A public meeting on the proposed amendments to the standard permit for temporary rock crushers will be held in Austin, Texas. The meeting 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. Open discussion with the audience will not occur during the meeting; however, TCEQ staff will be available to discuss the standard permit for temporary rock crushers 30 minutes prior to the meeting and staff will also answer questions after the meeting. The public meeting will be held on Friday, August 20, 2004, at 10:00 a.m., at the Texas Commission on Environmental Quality in Building F, Room 2210, 12100 Park 35 Circle, Austin.

PUBLIC COMMENT AND INFORMATION

Copies of the proposed amendments to the standard permit for temporary rock crushers may be obtained from the TCEQ Web site at http://www.tnrcc.state.tx.us/permitting/airperm/nsr_permits/files/amendtrc.pdf or by contacting the TCEQ, Office of Permitting, Remediation, and Registration, Air Permits Division, at (512) 239-1250. Comments may be mailed to Michael Wilhoit, Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1070. All comments should reference the standard permit for temporary rock crushers. Comments must be received by 5:00 p.m. on August 20, 2004. To inquire about the submittal of comments or for further information, contact Mr. Wilhoit at (512) 239-1222.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the TCEQ at (512) 239-1250. Requests should be made as far in advance as possible.

TRD-200404354

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 2, 2004

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 16, 2004 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 16, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Grover G. Bruce Jr.; DOCKET NUMBER: 2002-1186-LII-E; TCEQ ID NUMBER: RN103461729; LOCATION: 3544 Bonnie Drive, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: landscape irrigation system business; RULES VIOLATED: 30 TAC §334.4(a) and TWC, §34.007(a), by failing to obtain an irrigator's license prior to completing installation of an irrigation system with connection to a water supply; PENALTY: $625; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Hermilio Gracia and Alma Gracia; DOCKET NUMBER: 2003-0493-MSW-E; TCEQ ID NUMBERS: 455150052 and RN102821550; LOCATION: 1/8 mile west of Highway 77 on Spur 112, Lyford, Willacy County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste; RULES VIOLATED: 30 TAC §330.5(a), by failing to prohibit the disposal of municipal solid waste at an unauthorized site; PENALTY: $7,875; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: R. Master & Sons, Inc. dba Get & Go; DOCKET NUMBER: 2002-0265-PST-E; TCEQ ID NUMBERS: 47665 and RN101733533; LOCATION: 717 Half League Road, Port Lavaca, Calhoun County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to submit a self- certification form as required; 30 TAC §334.48(c), by failing to conduct inventory control; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475, by failing to monitor the underground storage tanks (USTs) for release detection at a frequency of at least once every month; 30 TAC §334.50(b)(2) and TWC, §26.3475, by failing to monitor piping in a manner designed to detect releases from any portion of the UST's piping system; and 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475, by failing to test the line leak detector at least once per year for performance and operational reliability and to ensure that the line leak detector is properly calibrated and maintained; PENALTY: $22,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825- 3100.

TRD-200404397

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 6, 2004

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 16, 2004 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 16, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Thang Corporation dba Quick N Save; DOCKET NUMBER: 2002-1313-PST-E; TCEQ ID NUMBER: 69539; LOCATION: 2013 East Pipeline Road, Bedford, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to submit a fully and accurately completed underground storage tank (UST) registration and self-certification form in a timely manner; 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the petroleum USTs; PENALTY: $6,750; STAFF ATTORNEY: Wendy Cooper, Litigation Division, MC R-4, (817) 588-5867; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Cardinal Meadows Improvement District; DOCKET NUMBER: 2002-0855-PWS- E; TCEQ ID NUMBER: 1230020; LOCATION: 749 Hilderbrandt, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2) and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect monthly water samples for bacteriological analysis and submit the results to the TCEQ; and 30 TAC §290.122(c) and §290.109(g)(4), by failing to provide public notification for the failure to collect water samples; PENALTY: $2,503; STAFF ATTORNEY: Wendy Cooper, Litigation Division, MC R-4, (817) 588- 5867; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: Citgo Refining & Chemicals Company, L.P.; DOCKET NUMBER: 2002-0290- AIR-E; TCEQ ID NUMBERS: NE-0027-V, 2704A, 2703A, and 3390A; LOCATION: 1801 Nueces Bay Boulevard, Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petrochemical plant and refinery; RULES VIOLATED: 30 TAC §101.6(a)(1) and THSC, §382.085(b), by failing to notify the TCEQ Corpus Christi Regional Office within 24 hours after the discovery of two upset events; and 30 TAC §116.115(b)(2)(G) and (c), TCEQ Permit Number 2704A, General Provision 1, TCEQ Permit Number 2703A, Special Provision 1 and 3390A, General Provision 1, and THSC, §382.085(b), by failing to obtain regulatory authority or meet the demonstration requirements for upset emissions resulting from two separate events; PENALTY: $22,100; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4) COMPANY: The Revocation of James L. Davis' Designated Representative License; DOCKET NUMBER: 2003-0714-OSS-E; TCEQ ID NUMBERS: OS6653 and RN103742276; LOCATION: 218 County Road 127, Liberty, Liberty County, Texas; TYPE OF FACILITY: on-site sewage inspector; RULES VIOLATED: 30 TAC §285.62(3) and THSC, §366.004, by failing to follow rules and regulations that govern the on-site sewage facility program; 30 TAC §285.50(c), by allowing a person without a license to perform designated representative duties and responsibilities; 30 TAC §285.62(19)(D), by failing to refrain from performing site/soil evaluations while employed by, appointed to, or contracted by the authorized agent; 30 TAC §285.62(5), by failing to conduct subdivision reviews; 30 TAC §285.62(7), by approving planning materials that did not conform with requirements; 30 TAC §285.3 and §285.62(8) and THSC, §366.055(b), by failing to issue the authorization to construct; 30 TAC §285.62(11) and §285.3(d)(3), by failing to approve construction in conformity with 30 TAC Chapter 285; 30 TAC §285.62(15), by failing to investigate all complaints within 30 days after receipt and to take appropriate and timely action; 30 TAC §285.62(20), by failing to verify the existence of a maintenance contract between an owner and the maintenance company; 30 TAC §285.62(14), by failing to ensure maintenance of accurate records of permitting, fees, inspections, maintenance reports, testing reports, and complaints; and 30 TAC §30.5(d), by transferring his license; PENALTY: $0; revocation of license; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200404398

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 6, 2004

Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 16, 2004 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 16, 2004 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: Brazos Valley Energy L.P., dba Brazos Valley Electric; DOCKET NUMBER: 2003-1304-AIR-E; IDENTIFIER: Air Account Number FG-0595-L; LOCATION: Thompsons, Fort Bend County, Texas; TYPE OF FACILITY: electric generating plant; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit the ECT-3, Level of Activity Certification form; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(2) COMPANY: Chevron U.S.A. Inc. dba Chevron Products Company; DOCKET NUMBER: 2004-0425-IWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 01745; LOCATION: Galena Park, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 01745, and the Code, §26.121, by failing to comply with permitted effluent limits; and 30 TAC §101.24 and §101.27(c)(1), by failing to pay air inspection and air emissions fees; PENALTY: $5,400; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: City of Cotulla; DOCKET NUMBER: 2004-0372-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number Identification Number 1420001, Regulated Entity Identification Number (RN) 101384550; LOCATION: Cotulla, La Salle County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.46(d)(2)(A) and (m), by failing to maintain a minimum of 0.2 milligrams per liter (mg/L) free chlorine residual and by failing to initiate maintenance and housekeeping practices; and 30 TAC §290.45(b)(1)(D)(iii) and THSC, §341.0315(c), by failing to meet the minimum pump capacity requirement of two or more service pumps with a total capacity of two gallons per minute; PENALTY: $910; ENFORCEMENT COORDINATOR: Brandon Smith, (512) 239-4471; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: Mr. Frank Smith dba Discovery Office Park; DOCKET NUMBER: 2004- 0684-EAQ-E; IDENTIFIER: Edwards Aquifer Registration Number 11-03082902, RN104151980; LOCATION: Cedar Park, Williamson County, Texas; TYPE OF FACILITY: building construction service; RULE VIOLATED: 30 TAC §213.23(a)(1)(B), by failing to obtain approval of an Edwards Aquifer contributing zone plan; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Leila Pezeshki, (210) 490-3096; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(5) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2003-0947-AIR-E; IDENTIFIER: Air Account Number BL-0082-B; LOCATION: Clute, Brazoria County, Texas; TYPE OF FACILITY: specialty polyurethanes copolymer plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), Permit Number 46429, and THSC, §382.085(b), by failing to demonstrate compliance with the volatile organic compound (VOC) pound per hour (lb/hr) emission limit of 0.07 lbs/hr, by failing to demonstrate a VOC destruction removal efficiency of at least 99.68%, and by failing to provide acceptable test results for the nitrogen oxides (NO _x ) emissions; PENALTY: $43,840; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(6) COMPANY: Fall Creek Utility Company, Inc.; DOCKET NUMBER: 2004-0086-MWD-E; IDENTIFIER: TCEQ Wastewater Permit Number 13809-001; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: recreation vehicle park; RULE VIOLATED: 30 TAC §305.125(1), TCEQ Wastewater Permit Number 13809-001, and the Code, §26.121, by failing to manage subsurface treatment units to prevent contamination, by failing to maintain and operate the treatment facility to achieve optimum efficiency, by failing to comply with a grab sample limit of 100 mg/L for biochemical oxygen demand samples, and by failing to submit written notification for effluent violations which deviated from the permitted effluent limitation by more than 40%; PENALTY: $6,773; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Firestone Polymers, LLC; DOCKET NUMBER: 2003-1480-AIR-E; IDENTIFIER: Air Account Number OC-0010-U, RN100224468; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: synthetic rubber plant; RULE VIOLATED: 30 TAC §116.715(a) and (c)(9) and §113.260, 40 Code of Federal Regulations (CFR) §63.485(a), Air Permit Number 292, and THSC, §382.085(b), by failing to route all waste gas containing VOCs to the Direct-Fired Thermal Oxidizer; PENALTY: $74,183; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(8) COMPANY: Great Lakes Carbon, L.L.C. dba Great Lakes Carbon; DOCKET NUMBER: 2004-0098-AIR-E; IDENTIFIER: Air Account Number JE-0040-F; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum coke processing plant; RULE VIOLATED: 30 TAC §115.412(1)(A) and THSC, §382.085(b), by failing to keep the cover of a VOC cold solvent cleaner closed; 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Number 45622, Federal Operating Permit Number O-1493, and THSC, §382.085(b), by failing to comply with the raw petroleum coke feed rate of 21 tons per hour and by failing to maintain records showing any hourly raw petroleum coke feed; 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to report coke feed rate exceedances and hourly recordkeeping deficiencies; and 30 TAC §122.146(2) and (5)(D) and THSC, §382.085(b), by failing to submit an accurate permit compliance certification and by failing to submit a deviation report; PENALTY: $30,970; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Intercoastal Terminal, Inc.; DOCKET NUMBER: 2004-0394-AIR-E; IDENTIFIER: Air Account Number GB-0050-E, RN102178613; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: bulk storage terminal; RULE VIOLATED: 30 TAC §122.145(2)(C) and §122.146(2) and THSC, §382.085(b), by failing to submit the annual compliance certification; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(10) COMPANY: Iraz, Inc. dba Tejas Grocery; DOCKET NUMBER: 2003-1294-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 6899; LOCATION: Kountze, Hardin County, Texas; TYPE OF FACILITY: grocery store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50 (b)(1)(A) and (b)(2)(A)(i)(III), and the Code, §26.3475(a), by failing to provide proper release detection, by failing to test a line leak detector, and by failing to monitor the underground storage tanks (USTs) for releases; 30 TAC §334.45(c)(3)(A), by failing to install and maintain a secure anchor at the base of each UL-listed emergency shutoff; 30 TAC §334.72(3), by failing to report a suspected UST system release; and 30 TAC §334.74, by failing to immediately investigate and confirm all suspected releases; PENALTY: $11,200; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(11) COMPANY: Jerry Resendez Enterprises Inc. dba Jerry Resendez Enterprises Portable; DOCKET NUMBER: 2004-0175-AIR-E; IDENTIFIER: Air New Source Registration Number 55368L001 (Pending); LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: rock crusher; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.0158(a), by failing to obtain a permit to operate a rock crusher; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(12) COMPANY: Jones Oil, Inc.; DOCKET NUMBER: 2004-0528-PST-E; IDENTIFIER: RN100522770; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator has a valid, current delivery certificate; PENALTY: $1,248; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(13) COMPANY: Kaneka Texas Corporation; DOCKET NUMBER: 2004-0332-AIR-E; IDENTIFIER: Air Account Number HG-1065-E, RN100218841; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: plastic materials production; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b), by failing to submit Form ECT-1, Annual Compliance Report; PENALTY: $1,620; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239- 6589; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(14) COMPANY: Karim Merchant dba Kwik Pik Texaco; DOCKET NUMBER: 2004-0400- PST-E; IDENTIFIER: PST Facility Identification Number 39411, RN102038528; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(3), (4), and (6), and THSC, §382.085(b), by failing to maintain a record of any maintenance conducted on the Stage II equipment, by failing to provide proof of attendance and completion of the Stage II training, and by failing to maintain a record of the results of the daily inspections; 30 TAC §115.242(3)(J) and (K) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS); and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: LBC Houston, LP; DOCKET NUMBER: 2004-0549-AIR-E; IDENTIFIER: Air Account Number HG-0029-P; LOCATION: Seabrook, Harris County, Texas; TYPE OF FACILITY: chemical storage and transfer operation; RULE VIOLATED: 30 TAC §101.20(2), 40 CFR §60.304(b), and THSC, §382.085(b), by failing to conduct a performance test of the flare; PENALTY: $3,120; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: The City of Lockhart and Guadalupe-Blanco River Authority; DOCKET NUMBER: 2003-1264-MWD-E; IDENTIFIER: TPDES Permit Number 10210-001; LOCATION: Lockhart, Caldwell County, Texas; TYPE OF FACILITY: lift station; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number 10120-001, by failing to report a wastewater bypass; and 30 TAC §327.5(a), TPDES Permit Number 10120-001, and the Code, §26.121(a), by failing to prevent an unauthorized discharge; PENALTY: $5,750; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(17) COMPANY: Marshall Holding Group, Inc.; DOCKET NUMBER: 2004-0428-IHW-E; IDENTIFIER: Hazardous Waste Permit Number HW-50333, Solid Waste Number 37932, RN101057677; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: former tile manufacturing; RULE VIOLATED: 30 TAC §305.64(g), by failing to submit an application for a Class 1 modification of Permit Number HW-50333; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(18) COMPANY: William R. Coffey dba Moody Water System; DOCKET NUMBER: 2004- 0368-PWS-E; IDENTIFIER: PWS Number 0810038, RN101222453; LOCATION: Fairfield, Freestone County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(2) and (m)(1), by failing to provide water system records, by failing to properly maintain the exterior coating on the pressure tank, and by failing to inspect the pressure tank annually; 30 TAC §290.45(b)(1)(C)(ii) and (iii), and THSC, §341.0315(c), by failing to provide adequate total storage capacity and by failing to provide adequate service pumping capacity; 30 TAC §290.109(c)(1)(B), by failing to collect water samples for bacteriological analysis; and 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to provide an intruder-resistant fence; PENALTY: $4,560; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(19) COMPANY: Moss Lake Water Supply Corporation; DOCKET NUMBER: 2004-0550- PWS-E; IDENTIFIER: PWS Number 0490017, Certificate of Convenience and Necessity Number 12414; LOCATION: Gainesville, Cooke County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.93(3) and the Code, §13.139(d), by failing to provide a written planning report; 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide a minimum total storage capacity of 200 gallons per connection; 30 TAC §290.46(n)(3), by failing to obtain, furnish, and maintain copies of well completion data; 30 TAC §290.41(c)(1)(F) and (3)(N), by failing to provide a sanitary control easement and by failing to provide a flow meter on the well pump discharge line; and 30 TAC §290.42(k), by failing to compile and maintain a plant operations manual; PENALTY: $425; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Murphy Oil USA Inc. dba Murphy USA 6879; DOCKET NUMBER: 2004- 0529-PST-E; IDENTIFIER: PST Facility Identification Number 75575; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100 and THSC, §382.085(b), by offering for sale gasoline with an oxygen content lower than 2.7% by weight; and 30 TAC §205.6, by failing to pay annual general permits stormwater fees; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(21) COMPANY: Northside Independent School District; DOCKET NUMBER: 2004-0122- EAQ-E; IDENTIFIER: Edwards Aquifer Site Registration Number 13-96081303, RN103098927; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: elementary school; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to file with the appropriate regional office and obtain approval of an Edwards Aquifer protection plan; PENALTY: $5,400; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(22) COMPANY: Houshang Shirazi dba Quality Fuels; DOCKET NUMBER: 2003-0626-AIR- E; IDENTIFIER: Air Account Number EE-0948-Q, RN100813682; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to meet the minimum oxygen content requirement of 2.7% by weight; and 30 TAC §334.22(a), by failing to pay past due fees and associated late fees; PENALTY: $816; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901- 1206, (915) 834-4949.

(23) COMPANY: Range Resources Corporation; DOCKET NUMBER: 2004-0591-AIR-E; IDENTIFIER: Air Account Number BP-0028-C, RN100840420; LOCATION: Rachal, Brooks County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §106.512(1) and §116.110(a)(4) and THSC, §382.085(b), by failing to submit Form PI- 7; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(24) COMPANY: Red Man Pipe & Supply Company; DOCKET NUMBER: 2004-0110-PST-E; IDENTIFIER: PST Facility Identification Number 0003944; LOCATION: Galena Park, Harris County, Texas; TYPE OF FACILITY: pipe and supply company; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (b)(2), (d)(1)(B)(ii) and the Code, §26.3475(a) and (c)(1), by failing to monitor USTs for releases and by failing to conduct inventory volume measurements; and 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and the Code, §26.346(a) and §26.3467(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed and by failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $5,980; ENFORCEMENT COORDINATOR: Ed Moderow, (512) 239-2680; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Rhodia Inc.; DOCKET NUMBER: 2004-0376-IHW-E; IDENTIFIER: Solid Waste Registration Number 31019, Hazardous Waste Permit Number 50095, RN100220581; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: inorganic chemical processing and recycling; RULE VIOLATED: 30 TAC §335.221(a)(6), Hazardous Waste Permit Number 50095, and 40 CFR §266.102(e)(1), by failing to adhere to the permitted feed rate for the boiler and industrial furnace; PENALTY: $1,280; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Solvay HDPE, L.P. dba BP Solvay Polyethylene North America and AJV Polymers, L.L.C. dba BP Solvay Polyethylene North America; DOCKET NUMBER: 2004-0294-AIR- E; IDENTIFIER: Air Account Number HG-0665-E, RN100229905; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: plastics material and resin manufacturing; RULE VIOLATED: 30 TAC §116.715(a), Air Permit Number 49823, and THSC, §382.085(b), by failing to prevent 8,366 pounds of unauthorized hexane emissions; PENALTY: $6,320; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(27) COMPANY: Steinhagen Oil Company; DOCKET NUMBER: 2004-0352-PST-E; IDENTIFIER: PST Facility Identification Numbers 67037 and 28592, RN101905560 and RN101807071; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.72(3), by failing to report a suspected release; 30 TAC §334.74, by failing to conduct a release investigation; 30 TAC §115.242(3)(L) and (5) and THSC, §382.085(b), by failing to maintain the Stage II VRS ; and 30 TAC §115.222(3) and §115.242(4) and THSC, §382.085(b), by failing to ensure that no gasoline leaks exist anywhere in the dispensing equipment or Stage II VRS; PENALTY: $7,550; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(28) COMPANY: Teco Gas Processing, LLC; DOCKET NUMBER: 2004-0477-AIR-E; IDENTIFIER: Air Account Number PF-0049-M, RN100228998; LOCATION: Livingston, Polk County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2), and 122.146(2), Permit Number O-00642, and THSC, §382.085(b), by failing to submit an annual compliance certification; PENALTY: $1,070; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(29) COMPANY: Tipton Service Inc.; DOCKET NUMBER: 2003-0846-PST-E; IDENTIFIER: PST Registration Number 46867, RN101792836; LOCATION: Borger, Hutchinson County, Texas; TYPE OF FACILITY: convenience store and gift shop with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.22(a), by failing to pay outstanding UST fees; PENALTY: $600; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(30) COMPANY: Transmit Mix Concrete & Materials Company; DOCKET NUMBER: 2004- 0601-EAQ-E; IDENTIFIER: Edwards Aquifer Identification Numbers 1104011601 and 1104011601A, RN104131800; LOCATION: Austin, Williamson County, Texas; TYPE OF FACILITY: portable concrete manufacturing; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to receive approval of a water pollution abatement and an aboveground storage tank facility plan; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Kelli Bruce, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(31) COMPANY: US Department of the Army, Red River Army Depot; DOCKET NUMBER: 2004-0373-IHW-E; IDENTIFIER: Solid Waste Registration Number 67004, RN103006714; LOCATION: Boston, Bowie County, Texas; TYPE OF FACILITY: army depot; RULE VIOLATED: 30 TAC §335.158 and Industrial and Hazardous Waste Permit Number 50178, by failing to follow certain procedures relating to field and groundwater sampling, field quality control, and quality assurance; PENALTY: $8,100; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(32) COMPANY: Westfield Mobile Home Community, Ltd. dba Westfield Mobile Home Park; DOCKET NUMBER: 2004-0363-MWD-E; IDENTIFIER: TPDES Permit Number WQ0012555001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (4), and (5), TPDES Permit Number WQ0012555001, and the Code, §26.121(a)(1), by failing to operate and maintain the facility to prevent the accumulation of sludge; and 30 TAC §317.4(a)(8) and §319.7(c) and TPDES Permit Number WQ0012555001, by failing to provide the annual certification record for the backflow prevention device; PENALTY: $4,025; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

TRD-200404394

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 6, 2004

Request for Nominations for the Municipal Solid Waste Management and Resource Recovery Advisory Council

The Texas Commission on Environmental Quality (TCEQ) is requesting nominations for three individuals to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council (Council) for the following positions. The appointments will be made by the TCEQ commissioners.

1) An elected official from a municipality with a population fewer than 25,000 (term will expire August 31, 2005).

2) A representative from the "general public" (term will expire August 31, 2005). To qualify for the "general public" position, the individual must not qualify for any of the other sixteen Council categories.

3) An elected official from a county with any population size (term will expire August 31, 2005).

The Council was created by the 69th Legislature in 1983. Members represent various interests, i.e., city and county solid waste agencies, public solid waste district or authority, commercial solid waste landfill operators, planning regions, an environmentalist, city and county officials, a financial advisor, a registered waste tire processor, a professional engineer, a solid waste professional, a composting/recycling manager, and two general public representatives.

Upon request from the TCEQ commissioners, the Council reviews and evaluates the effect of state policies and programs on municipal solid waste management; makes recommendations on matters relating to municipal solid waste management; recommends legislation to encourage the efficient management of municipal solid waste; recommends policies for the use, allocation, or distribution of the planning fund; and recommends special studies and projects to further the effectiveness of municipal solid waste management and recovery for the State of Texas. The Council members are required by law to hold at least one meeting every three months. The meetings usually last one full day and are held in Austin, Texas.

To nominate an individual: 1) ensure the individual is qualified for the position which he/she is being considered; 2) submit a biographical summary which includes work experience; and 3) provide the nominee a copy of this request. The nominee needs to submit a letter indicating his/her agreement to serve, if appointed.

The deadline for written nominations and letters from nominees must be received by TCEQ by 5:00 p.m., on July 20, 2004. The appointments will be considered at the Commissioner's Agenda in Austin on August 11, 2004 at 12100 Park 35 Circle, Building E, Room 201S. Please mail all correspondence to Gary W. Trim, Waste Permits Division, TCEQ, P.O. Box 13087, MC 126, Austin, Texas 78711-3087 or fax to (512) 239-2007. Questions regarding the Council can be directed to Mr. Trim at (512) 239-6708, or emailed to gtrim@tceq.state.tx.us .

TRD-200404422

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 7, 2004

Texas Department of Health

2005-2010 Texas State Health Plan Draft Public Comment Period Announcement

The Texas Statewide Health Coordinating Council (SHCC) announces the public comment period for the 2005-2010 Texas State Health Plan Draft . Under Chapter 104 of the Health and Safety Code, the SHCC is mandated to develop a six-year State Health Plan with biennial updates. The plan serves as a guide to help Texas leaders formulate appropriate health workforce policy. The 2005-2010 Texas State Health Plan is the initial document in a new six-year planning cycle.

The draft document will be posted for the period from July 21, 2004 through August 9, 2004. It will be available for viewing and downloading on the SHCC website at http://www.TexasSHCC.org for review by the public. We ask that requests for copies be made only by those individuals who do not have access to the Internet. Those requests should be addressed to the following: Texas Department of Health, Center for Health Statistics, ATTN: Connie Turney, SHCC Project Director, 1100 West 49th Street, Austin, Texas 78756; (512) 458-7111, Ext. 3548 - Telephone request; (512) 458-7344 - Fax request; or connie.turney@tdh.state.tx.us - E-mail request.

The SHCC will consider written comments on the document that are postmarked, faxed, or emailed no later than August 10, 2004. These comments should be sent to the attention of Connie Turney, SHCC Project Director at the address noted above or by E-mail at connie.turney@tdh.state.tx.us.

TRD-200404395

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 6, 2004

Department of State Health Services Public Hearing Notice

The Department of State Health Services (DSHS) is holding a public hearing to take public comment on the development of the department's Legislative Appropriation Request (LAR) for the FY 2006-2007 biennium. The hearing is July 20, 2004, at 1:00 p.m. at the Department of Human Services - John H. Winter's Building, Public Hearing Room 125, at 701 West 51st Street, Austin, Texas 78751.

The LAR will not be completed until after the hearing and will include programs transferring to DSHS from the Texas Department of Health, Texas Mental Health and Mental Retardation, and the Texas Commission on Alcohol and Drug Abuse.

DSHS Contact: Kyle Baxter, Texas Department of Health, (512) 458-7640 or kyle.baxter@tdh.state.tx.us.

For ADA assistance, please call Redge Westbrook (512) 458-7627 or T.D.D. (512) 458-7708 no later than July 14, 2004.

TRD-200404424

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 7, 2004

Licensing Actions for Radioactive Materials

TRD-200404389

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 5, 2004

Notice of Amendment Number 45 to the Radioactive Material License of Nuclear Sources and Services, Inc. dba NSSI/Sources and Services, Inc.

Notice is hereby given by the Texas Department of Health (department), Bureau of Radiation Control, that it has amended Radioactive Material License Number L01811 issued to Nuclear Sources and Services, Inc., doing business as NSSI/Sources and Services, Inc., located at 5711 Etheridge in Houston, Texas.

Amendment number 45 is issued to establish the requirements for financial assurance (FA) in accordance with the Commissioner's signed order of April 16, 2004. These conditions also contain necessary administrative provisions to implement the financial assurance requirements.

The department has determined that the amendment of the license, 25 Texas Administrative Code (TAC) Chapter 289, and the documentation submitted by the licensee provide reasonable assurance that the licensee's radioactive waste facility is operated in accordance with the requirements of 25 TAC Chapter 289; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment.

This notice affords the opportunity for a public hearing upon written request within 30 days of the date of publication of this notice by a person affected as required by Texas Health and Safety Code, §401.116, and as set out in 25 TAC §289.205(f). A "person affected" is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is a resident of a county, or a county adjacent to a county, in which the radioactive material is or will be located; or doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas, 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by this action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the agency action will be final.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.114, the Administrative Procedure Act (Chapter 2001, Texas Government Code), the formal hearing procedures of the department (25 TAC §§1.21. et seq.) and the procedures of the State Office of Administrative Hearings (1 TAC Chapter 155).

A copy of the license amendment and supporting materials are available, by appointment, for public inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). Information relative to inspection and copying the documents may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control.

TRD-200404390

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 5, 2004

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Dwayne Lackey, D.D.S.

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 Dwayne Lackey, D.D.S. (registrant-Unregistered) of Terrell. A total penalty of $8,000 is proposed to be assessed to the individual 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-200404387

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 5, 2004

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Healthsouth Diagnostic Centers of Texas, dba Healthsouth Diagnostic Center of Hurst

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 Healthsouth Diagnostic Centers of Texas, Limited Partnership, doing business as Healthsouth Diagnostic Center of Hurst (registrant-M00643) of Hurst. A total penalty of $8,000 is proposed to be assessed to the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

TRD-200404388

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 5, 2004

Texas Health and Human Services Commission

Public Notice Statement

The Health and Human Services Commission, State Medicaid Office, has received approval from the Centers for Medicare and Medicaid Services to amend the Title XIX Medical Assistance Plan by Transmittal Number 03-22, Amendment Number 657.

This amendment allows Texas to make supplemental Medicaid payments to non-state, government owned nursing facilities up to the Medicaid upper payment limit. The Medicaid upper payment limit is established by determining what Medicare would have paid for these services. The State will determine the selection criteria for which of the non-state government owned nursing facilities receive these payments, as well as and the amount of these payments, will be determined by the State. The effective date of the amendment is October 1, 2003.

For more information, please contact Winnie Rutledge, Policy Analyst at (512) 491-1320 or winnie.rutledge@hhsc.state.tx.us.

TRD-200404355

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: July 2, 2004

Texas Department of Human Services

Notice of Public Hearing for the Department of Aging and Disability Services

Texas health and human services agencies are sponsoring a series of hearings to receive public input on the development of the agencies' legislative appropriations requests for the 2006-2007 biennium. The hearing for the Department of Aging and Disability Services will take place on July 21 at 1:00 p.m. at the Department of Human Services--John H. Winters Building, Public Hearing Room 125, 701 West 51st St., Austin.

Persons with disabilities planning to attend a meeting who need auxiliary aids or services should call Merrie Duflot at (512) 438-5319 or Barrett Markland at (512) 438-5419 or T.D.D. at (512) 438-4313 no later than two days before the meeting date so that appropriate arrangements can be made.

TRD-200404417

Carey Smith

Deputy Commissioner, Legal Services

Texas Department of Human Services

Filed: July 7, 2004

Texas Department of Insurance

Company Licensing

Application for incorporation to the State of Texas by LOYA PREFERRED INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in El Paso, Texas.

Application to change the name of ACE GUARANTY CORP., to ASSURED GUARANTY CORP., a foreign fire and/or casualty company. The home office is in Baltimore, Maryland.

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, within 20 days after this notice is published in the Texas Register .

TRD-200404420

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: July 7, 2004

Third Party Administrator Applications

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

Application for admission to Texas of CHS ADMIN, LLC., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Application for admission to Texas of CONTRACTORS INSURANCE ADMINISTRATORS, INC. OF FLORIDA, a foreign third party administrator. The home office is PLANTATION, FLORIDA.

Application for incorporation in Texas of RECEPT HEALTHCARE SERVICES, L.P., a domestic third party administrator. The home office is FORT WORTH, TEXAS.

Application for incorporation in Texas of TRUE CHOICE HEALTH PLANS, INC., a domestic third party administrator. The home office is PLANO, TEXAS.

Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200404419

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: July 7, 2004

Texas Lottery Commission

Instant Game Number 463 "Instant Monopoly"

1.0 Name and Style of Game.

A. The name of Instant Game No. 463 is "INSTANT MONOPOLY". The play style "is key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 463 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 463.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, GO SYMBOL, $1.00, $2.00, $3.00, $5.00, $8.00, $10.00, $15.00, $25.00, $50.00, $100, $200, $1,000, $2,500 and $25,000.

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

Figure 1: GAME NO. 463 - 1.2D

E. Retailer Validation Code - Three (3) 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:

Figure 2: GAME NO. 463 - 1.2E

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 boxed four (4) digit Security Number 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 - $2.00, $3.00, $5.00, $8.00, $10.00 or $15.00.

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

I. High-Tier Prize - A prize of $1,000, $2,500 or $25,000.

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 (463), 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: 463-0000001-000.

L. Pack - A pack of "INSTANT MONOPOLY" Instant Game tickets contains 250 tickets, 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 on the next page; etc.; and tickets 248 and 249 will be on the last page. Please note the books will be in 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 463), 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 "INSTANT MONOPOLY" Instant Game No. 463 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 "INSTANT MONOPOLY" Instant Game is determined once the latex on the ticket is scratched off to expose 23 (twenty-three) Play Symbols. If a player matches any of the YOUR HOTEL NUMBERS play symbols to any of the HOUSE NUMBERS play symbols win prize indicated for that number. If a player gets a "GO" play symbol, the player wins $200 instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 23 (twenty-three) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 23 (twenty-three) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 23 (twenty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 23 (twenty-three) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning HOUSE NUMBERS play symbols on a ticket.

C. No duplicate YOUR HOTEL NUMBERS play symbols on a ticket.

D. No three (3) or more like non-winning prize symbols on a ticket.

E. No more than one pair of duplicate non-winning prize symbols on a ticket.

F. The auto win GO symbol will only appear with the $200 prize symbol.

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

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

2.3 Procedure for Claiming Prizes.

A. To claim a "INSTANT MONOPOLY" Instant Game prize of $2.00, $3.00, $5.00, $8.00, $10.00, $15.00, $25.00, $50.00, $100 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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 $25.00, $50.00, $100 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "INSTANT MONOPOLY" Instant Game prize of $1,000, $2,500 or $25,000, 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 "INSTANT MONOPOLY" 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 Resources Code;

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

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

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

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

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

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

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

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

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

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 463.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 463. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 463 - 4.0

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. 463 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. 463, the State Lottery Act (Texas Government Code, Chapter 463), 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-200404399

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 6, 2004

Instant Game Number 475 "Double Dollars"

1.0. Name and Style of Game.

A. The name of Instant Game Number 475 is "DOUBLE DOLLARS." The play style is "row/column/diagonal with doubler."

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 475 shall be $1.00 per ticket.

1.2. Definitions in Instant Game Number 475.

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

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

C. Play Symbol--The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: DOLLAR BILL SYMBOL, MONEY BAG SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $50.00, $100 and $500.

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

Figure 1: GAME NO. 475 - 1.2D

E. Retailer Validation Code--Three 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:

Figure 2: GAME NO. 475 - 1.2E

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 boxed four digit Security Number 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 $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.

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

I. 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.

J. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (475), a seven digit pack number, and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 475-0000001-000.

K. Pack--A pack of "DOUBLE DOLLARS" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 to 004 will be on the top page; tickets 005 to 009 on the next page; etc.; and tickets 245 to 249 will be on the last page. A ticket will be folded over on both the front and back of the book so both ticket art and ticket backs are displayed in the shrink-wrap.

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

M. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "DOUBLE DOLLARS" Instant Game Number 475 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 "DOUBLE DOLLARS" Instant Game is determined once the latex on the ticket is scratched off to expose 20 Play Symbols. If a player gets three DOLLAR BILL play symbols in any row, column or diagonal line, the player will win the prize indicated. If a player gets three MONEYBAG play symbols in any one row, column or diagonal line, the player wins DOUBLE the prize indicated. 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 20 Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 20 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;

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

16. Each of the 20 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 20 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.

2.2. Programmed Game Parameters.

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

B. There will be either 4 dollar bills and 5 moneybags or 5 dollar bills and 4 moneybags on every ticket.

C. A ticket may only win once.

D. The moneybag play symbols will only create a tic-tac-toe win as dictated by the prize structure.

2.3. Procedure for Claiming Prizes.

A. To claim a "DOUBLE DOLLARS" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00, 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 $40.00, $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "DOUBLE DOLLARS" Instant Game prize of $500, 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. 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 "DOUBLE DOLLARS" 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

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

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

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

3.0. Instant Ticket Ownership.

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 12, 000,000 tickets in the Instant Game Number 475. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 475 - 4.0

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

5.0. End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game Number 475 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 475, 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-200404358

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 2, 2004

Instant Game Number 489 "Sunny Money"

1.0. Name and Style of Game.

A. The name of Instant Game Number 489 is "SUNNY MONEY." The play style is "yours beats theirs."

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 489 shall be $1.00 per ticket.

1.2. Definitions in Instant Game Number 489.

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

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

C. Play Symbol--The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $1.00, $2.00, $4.00, $10.00, $20.00, $40.00, $80.00, $200, $700, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98 and 99.

Figure 1: GAME NO. 489 - 1.2D

Figure 2: GAME NO. 489 - 1.2E

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

H. Mid-Tier Prize--A prize of $40.00, $80.00 or $200.

I. High-Tier Prize--A prize of $700.

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 (489), a seven digit pack number, and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 489-0000001-000.

L. Pack--A pack of "SUNNY MONEY" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five. Ticket 000 to 004 will be on the top page; tickets 005 to 009 on the next page etc.; and tickets 245 to 249 will be on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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 "SUNNY MONEY" Instant Game Number 489 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 "SUNNY MONEY" Instant Game is determined once the latex on the ticket is scratched off to expose 24 Play Symbols. If a player finds that "TODAY'S" temperature is higher than the "RECORD" temperature for that day, the player wins the prize shown for that day. 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 24 Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 24 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;

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

16. Each of the 24 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 24 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.

2.2. Programmed Game Parameters.

A. Consecutive non-winning tickets within a book will not have identical patterns.

B. Consecutive tickets within a book will not have all "Today's Temperatures" and all "Record Temperatures" identical.

C. No "Today's Temperature" will match identically to the Record Temperature on a row, i.e. no ties.

D. No duplicate non-winning prize symbols on a ticket.

E. On non-winning tickets, all of the numbers in the "Today's Temperature" column will be lower than all of the numbers in the "Record Temperature" column.

F. On all tickets, no more than two like "Today's Temperatures" will appear.

G. On all tickets, no more than two like "Record Temperatures" will appear.

2.3. Procedure for Claiming Prizes.

A. To claim a "SUNNY MONEY" Instant Game prize of $1.00, $2.00, $4.00, $10.00 or $20.00, 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 $40.00, $80.00 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "SUNNY MONEY" Instant Game prize of $700, 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 "SUNNY MONEY" 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.