TITLE in-addition

Automobile Theft Prevention Authority

Request for Grant Applications Under the Automobile Theft Prevention Authority Fund

Notice of Invitation for Applications:

The Automobile Theft Prevention Authority (ATPA) is soliciting applications for supplemental grants to be awarded for projects to reduce the incidence of economic automobile theft. This grant cycle will be two months in duration, and will begin on July 1, 2005 and end August 31, 2005.

Law Enforcement/Detection/Apprehension Projects, to establish motor vehicle theft enforcement teams and other detection/apprehension programs. Priority funding may be provided to state, county, precinct commissioner, general or home rule cities for enforcement programs in particular areas of the state where the problem is assessed as significant. Enforcement efforts covering multiple jurisdictional boundaries may receive priority for funding.

Prosecution/Adjudication/Conviction Projects, to provide for prosecutorial and judicial programs designed to assist with the prosecution of persons charged with motor vehicle theft offenses.

Prevention, Anti-Theft Devices and Automobile Registration Projects, to test experimental equipment which is considered to be designed for auto theft deterrence and registration of vehicles in the Texas Help End Auto Theft (H.E.A.T.) Program.

Reduction of the Sale of Stolen Vehicles or Parts Projects, to provide vehicle identification number labeling, including component part labeling and etching methods designed to deter the sale of stolen vehicles or parts.

Public Awareness and Crime Prevention/Education/Information Projects, to provide education and specialized training to law enforcement officers in auto theft prevention procedures, provide information linkages between state law enforcement agencies on auto theft crimes, and develop a public information and education program on theft prevention measures.

Eligible Applicants:

Current ATPA funded agencies are eligible to apply for supplemental grants for automobile theft prevention assistance projects.

Grant Offering:

The Texas Automobile Theft Prevention Authority will consider grant application requests from existing grant programs for Equipment Only funding for Fiscal Year 2005.

Contact Person:

Detailed specifications, including selection process for applicants is available from ATPA.

Contact Susan Sampson, Director,

Texas Automobile Theft Prevention Authority,

4000 Jackson Avenue, Austin, Texas 78731, (512) 374-5101.

Application Deadline and Submission Requirements:

The Authority must receive applications by 5 p.m., May 6, 2005 or postmarked by May 6, 2005. Each Application must:

1. Include all signed certifications and signature pages.

2. Application must be mailed or delivered to:

Texas Automobile Theft Prevention Authority,

4000 Jackson Avenue

Austin, Texas 78731

3. Submit one (1) original and four (4) copies of the proposal

4. Facsimile transmissions will not be accepted.

If mailed, applications must be marked "Personal and Confidential" and addressed to the contact person listed above. If delivered, please leave application with the contact person (or designee) at the address listed.

Selection Process:

Applications will be selected according to rules 57.2, 57.4, 57.7, and 57.14, as published in Title 43 Chapter 57, Texas Administrative Code.

Grant award decisions by ATPA are final and not subject to judicial review.

Grants will be awarded on or before July 1, 2005.

TRD-200501366

Susan Sampson

Director

Automobile Theft Prevention Authority

Filed: March 30, 2005


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. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of March 25, 2005, through March 31, 2005. 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. The notice was published on the web site on April 6, 2005. The public comment period for these projects will close at 5:00 p.m. on May 6, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: D. H. Texas Investments, LLC ; Location: The project is located on a 760-acre tract along the Gulf Intracoastal Waterway (GIWW), approximately 4.5 miles west of Port O'Connor, and across Espiritu Santo Bay from the Aransas/Matagorda Island State Park and National Wildlife Refuge, in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port O' Connor, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 747262; Northing: 3145306. Project Description: The applicant proposes to construct a 760-acre, 758-lot waterfront subdivision with 135 acres of lakes and channels. The 135 acres of open water will be constructed by mechanically excavating approximately 3.2 million cubic yards of material and using the excavated material to raise the grade of the lots and streets throughout the subdivision. The channels will have a minimum bottom width of 100 feet at a depth of -6 to -7 feet MLT, requiring 40,000 linear feet of vinyl sheet pile bulkheading. The subdivision will have two 150- foot-wide entrance channels off of the GIWW and a marina with various sizes of covered boat slip structures. The subdivision will have three recreational piers and two pairs of parallel breakwaters placed in the GIWW outside of the Federally maintained channel. This project is proposing to directly impact 61.62 acres of jurisdictional area, with 60.31 acres being wetlands. The impacts to jurisdictional areas are proposed to be offset by creating (41.5 acres) and enhancing (32.4 acres) a total of 73.9 acres of wetlands within the excavated lakes and channels. CCC Project No.: 05-0193-F1; Type of Application: U.S.A.C.E. permit application #23676 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: Duncan Oil, Inc. ; Location: The project is located on Pleasure Island, between the existing placement area levee and the perimeter road, in wetlands adjacent to the outfall canal that drains into the Port Arthur Canal, Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Arthur South, Texas. Approximate UTM Coordinates in NAD 27 meters: Zone 15; Easting: 409649; Northing: 3296211. Project Description: The applicant proposes to construct a 400-foot by 175-foot drill site for oil and gas exploration at the M-102427 Well No. 1. The drill site will impact 1.61 acres of estuarine wetlands adjacent to Sabine Lake. There will be 639 cubic yards of excavation and subsequent fill of material required to construct a 3-foot levee around the drill site. Inside the levee, the applicant will place a board mat to serve as a work platform during drilling operations. If the well is productive, the applicant will permanently fill a 0.76-acre area for the production pad, mitigate for the permanent impacts, and restore the 0.85-acre area that will not be used for the production pad. If the well is not productive, the applicant will restore the entire site to pre-project conditions. The site will use a closed loop mud system during drilling. CCC Project No.: 05-0213-F1; Type of Application: U.S.A.C.E. permit application #23721 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Masters Resources, LLC ; Location: The project is located in the Galveston Bay and East Bay within State Tracts (ST's) 225, 226, 200, 199, 137, and 198 in Galveston and Chambers Counties, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15: Pipeline Begins at Easting: 321859; Northing: 3268511; Pipeline reaches channel approximately at Easting: 325460; Northing: 3269082; and Pipeline ends at Easting: 327711; Northing: 3268141; Project Description: The applicant requests authorization to install a 4-inch pipeline and a 6-inch pipeline across ST's 225, 226, 200, 199, 137, and 198 from the applicant's existing A-2 Platform in ST 225 to serve existing wells and connect to an existing pipeline onshore at Smith Point. The 4-inch and 6-inch lines, approximately 20,085-feet in length, would depart the A-2 Platform in ST 225, bear northeast and terminate onshore near Smith Point. Installation would be accomplished by jetting or trenching to 3-feet minimum cover. No dredging would be required; however, approximately 11,230 cubic yards of material would be temporarily displaced by jetting or trenching operations. Boring would be conducted along the pipeline segments that cross the existing Trinity River Channel and the bay-land transition from Station (STA) 175+95 to the pipeline end point at STA 200+85. No oyster reefs or leases were found within 500 feet of the centerline of the proposed pipeline. CCC Project No.: 05-0214-F1; Type of Application: U.S.A.C.E. permit application #23684 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

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. Tammy Brooks, Program Specialist, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200501441

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: April 6, 2005


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 04/11/05 - 04/17/05 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 04/11/05 - 04/17/05 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-200501424

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 5, 2005


Texas Commission on Environmental Quality

Notice of District Petition

Notices mailed March 30 and March 31, 2005

TCEQ Internal Control No. 02022005-D02; HLL Land Acquisitions of Texas, L.P. (Petitioner) filed a petition for creation of Galveston County Municipal Utility District No. 32 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, United Development Funding, L.P., on the property to be included in the proposed District; (3) the proposed District will contain approximately 169.10 acres located within Galveston County, Texas; and (4) the proposed District is within the corporate limits of the City of La Marque, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. The Petitioner has also provided the TCEQ with a certificate evidencing the consent of United Development Funding, L.P. to the creation of the proposed District. By Ordinance No. 939, effective December 13, 2004, the City of La Marque, Texas gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $10,000,000.

TCEQ Internal Control No. 03162005-D01; Kimball Hill Tx Properties, LLC (Petitioner) filed a petition for creation of Fort Bend County Municipal Utility District No. 165 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Harris Trust and Savings Bank, on the property to be included in the proposed District, and the Petitioner has provided the TCEQ with a certificate evidencing its consent to the creation of the proposed District; (3) the proposed District will contain approximately 384.7 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2005-94, effective February 8, 2005, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate and amend local storm waters or other harmful excesses of water; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises and parks and recreational facilities consistent with the purposes for which the District is created, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $36,000,000.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on a petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve a petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

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

TRD-200501447

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 6, 2005


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 May 15, 2005 . 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 May 15, 2005 . 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: ABC Group, Inc. dba Come N' Go Mobil; DOCKET NUMBER: 2004-0884-PST-E; TCEQ ID NUMBERS: 71185 and RN101552495; LOCATION: 1401 Cooks Lane, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(1)(C)(ii), by failing to maintain required underground storage tank (UST) records such that they are readily accessible and available for inspection upon request by commission personnel; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c), by failing to monitor the USTs for releases at a frequency of at least once every month; and 30 TAC §334.48(c) and §334.50(d)(1)(B)(iii)(I) and (d)(1)(B)(ii) and TWC, §26.3475(c), by failing to conduct effective manual or automatic inventory control procedures; PENALTY: $12,210; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Dallas/Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Bipin Patel dba M & B Food Store; DOCKET NUMBER: 2004-0740-PST-E; TCEQ ID NUMBERS: 69845 and RN101838902; LOCATION: 708 North Raguet, Lufkin, Angelina County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(1), by failing to maintain legible copies of all required records regarding the UST system; 30 TAC §334.72, by failing to report to the TCEQ a suspected release from the UST within 24 hours; and 30 TAC §334.74, by failing to report to the TCEQ a suspected release from the UST within 30 days; PENALTY: $15,000; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: Colonial Distribution, Inc. dba Wez Mart 1; DOCKET NUMBER: 2003-0388-PST-E; TCEQ ID NUMBERS: 15051 and RN101377950; LOCATION: 6220 Binz Engleman Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $1,050; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC 175, (512) 239-0575; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: Eileen Rouke dba Fastop 66; DOCKET NUMBER: 2001-1082-PST-E; TCEQ ID NUMBERS: 0048209 and RN102238706; LOCATION: 1701 West Broadway, Van Horn, Culberson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 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 petroleum USTs; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to complete and submit self-certification documentation; 30 TAC §334.7(d)(3), by failing to amend, update, or change registration information; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance into the UST system; and 30 TAC §334.21, by failing to pay UST fees; PENALTY: $5,000; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(5) COMPANY: Hadi H. Jinnah dba Dairy Mart 2; DOCKET NUMBER: 2004-0625-PST-E; TCEQ ID NUMBERS: 67339 and RN102473907; LOCATION: 5112 West Davis Street, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(d)(1)(B)(ii), (iii)(I), (b)(1)(A), and TWC, §26.3475(a), by failing to meet the release detection requirements for the UST system; and 30 TAC §334.10(b)(1)(B), by failing to maintain in a secure location on the premises of the UST facility legible copies of all required records pertaining to a UST system immediately accessible for reference and use by the UST system operator and immediately available for inspection upon request by agency personnel; PENALTY: $8,840; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Dallas/Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Liaqat Hussain dba Huffman Gas & Grocery; DOCKET NUMBER: 2003-0933-PST-E; TCEQ ID NUMBERS: 48837 and RN100918705; LOCATION: 11101 Farm-to-Market Road 1960, Huffman, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $3,210; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Mark Nash dba Nash Landscaping; DOCKET NUMBER: 2002-0693-LII-E; TCEQ ID NUMBER: RN103763934; LOCATIONS: 257, 261, 265, 269, 273, and 277 Fountain Street, El Paso, El Paso County, Texas; TYPE OF FACILITY: landscape irrigation systems; RULES VIOLATED: Texas Occupations Code, §1903.251, by acting as an irrigator or installer without first obtaining a valid certificate of registration; TCEQ Default Order, Docket Number 1997-0422-LII-E, Ordering Provision 2, by continuing to act as an irrigator or installer without obtaining a valid certificate of registration; PENALTY: $1,875; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(8) COMPANY: Mehmood Lakhani dba C-Store; DOCKET NUMBER: 2002-0751-PST-E; TCEQ ID NUMBERS: 0021877 and RN102360716; LOCATION: 100 North Story Road, Irving, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(7)(A) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain Stage II records on site at the station and available for review; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct an annual pressure decay test on the Stage II vapor recovery system; 30 TAC §115.242(3)(A), (B), and (4) and THSC, §382.085(b), by failing to ensure that no gasoline leaks, as detected by sampling, sight, sound, or smell existed anywhere in the dispensing equipment; 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding the USTs; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to ensure that the TCEQ UST registration and self-certification form was submitted to the commission in a timely manner; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to install a method of corrosion protection for the UST system; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance 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; 30 TAC §334.50(b)(1)(A) and (2), by failing to provide proper release detection for the product piping associated with the UST system and failing to ensure that all tanks were monitored for releases at a frequency of at least once every month; 30 TAC §334.10(b)(1)(B), by failing to provide petroleum storage tank delivery records upon request by the TCEQ; and 30 TAC §334.22(d), by failing to pay outstanding UST fees along with associated late fees and interest; PENALTY: $17,340; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Dallas/Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Mohammad Salman dba Jeff's Grocery; DOCKET NUMBER: 2003-1154-PST-E; TCEQ ID NUMBERS: 38836 and RN102457785; LOCATION: 12111 Farm-to-Market Road 3083, Conroe, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales in gasoline; RULES VIOLATED: 30 TAC §334.10(b)(1)(B), by failing to maintain inventory control records on the premises of the facility and immediately accessible and available for inspection; 30 TAC §37.815(a) and (b), by failing to maintain the required financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c), by failing to implement release detection sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; PENALTY: $11,500; 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.

(10) COMPANY: Sampri Investments, LLC dba Sammy's #4; DOCKET NUMBER: 2003-1292-PST-E; TCEQ ID NUMBERS: 66954 and RN102248127; LOCATION: 9700 Spencer Highway, La Porte, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control regardless of which method of release detection is used; 30 TAC §334.50(b)(1)(A), (d)(4)(A)(i), (ii)(II), and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month not to exceed 35 days between each monitoring; 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding its USTs within 30 days from the date of occurrence of the change or addition or within 30 days of the date on which the owner or operator first became aware of the change or addition; 30 TAC §115.246(3) and (4), and THSC, §382.085(b), by failing to maintain proof of attendance and completion of Stage II vapor recovery training for each employee and failing to maintain a maintenance log for all repair/replacements conducted at the facility; and 30 TAC §115.242(3)(A) and (B) and THSC, §382.085(b), by failing to provide and maintain the Stage II vapor recovery system in proper operating condition and free of defects; PENALTY: $20,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: SRS Investments LLC dba McClouds Grocery; DOCKET NUMBER: 2004-0951-PST-E; TCEQ ID NUMBER: RN101562411; LOCATION: 928 West Main Street, Crowley, Tarrant County, Texas; TYPE OF FACILITY: business with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $3,210; STAFF ATTORNEY: Mary Clair Lyons, Litigation Division, MC 175, (512) 239-6996; REGIONAL OFFICE: Dallas/Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200501443

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 6, 2005


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 May 15, 2005 . 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 May 15, 2005 . 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: A P G & Z, Inc. dba McKinney Food Store; DOCKET NUMBER: 2002-1016-PST-E; TCEQ ID NUMBER: 49369 and RN102049228; LOCATION: 1117 East McKinney Street, Denton, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(2)(B) and TWC, §26.3475(c)(2), by failing to equip the fill tubes on the underground storage tank (USTs) with spill and overfill prevention equipment to prevent any spilling or overfilling of regulated substances; PENALTY: $2,000; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Dallas/Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Advantage Asphalt Products, LTD.; DOCKET NUMBER: 2003-1310-AIR-E; TCEQ ID NUMBERS: 54119L001 and RN102997970; LOCATION: approximately 2.25 miles north of Interstate Highway 40 and Soncy Road and 0.6 miles west of Soncy Road, Amarillo, Potter County, Texas; TYPE OF FACILITY: asphalt plant; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code (THSC), §382.0518(a) and §382.085(b), by failing to obtain a permit, satisfy the conditions for a standard permit, flexible permit, or permit by rule or satisfy the criteria for a de minimis facility, prior to beginning construction of a new facility which may emit air contaminants; PENALTY: $750; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(3) COMPANY: Algonquin Water Resources of America dba Woodmark Utilities and dba Tall Timbers STP; DOCKET NUMBER: 2004-0677-MWD-E; TCEQ ID NUMBERS: 13000-001, 13168-001, RN101511400, and RN101519981; LOCATION: Highway 346, Tyler and 16459 Neighbors Road, Tyler, Smith County, Texas; TYPE OF FACILITY: domestic wastewater treatment plants; RULES VIOLATED: 30 TAC §305.125(4) and (5) and TWC, §26.121(a), by failing to clean and remediate the area affected by the unauthorized discharge of wastewater; 30 TAC §305.125(5) and §317.3(a), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13168-001, Operational Requirements, Provision Number 1, and TPDES Permit Number 13000-001, Operational Requirements, Provision Number 1, by failing to ensure that all lift stations are intruder-resistant with controlled access; 30 TAC §305.125(1), TPDES Permit Number 13168-001, Operational Requirements, Provision Number 1, and TPDES Permit Number 13000-001, Operational Requirements, Provision Numbers 1 and 5, by failing to properly maintain the wastewater collection system in a manner to prevent infiltration; 30 TAC §305.125(5) and §317.4(b)(1) and TPDES Permit Number 13000-001, Operational Requirements, Provision Number 1, by failing to properly maintain the wastewater treatment facility's bar screen; 30 TAC §305.125(1) and (5), TWC, §26.121(a), and TPDES Permit Number 13000-001, Permit Conditions 2.g., by failing to prevent sludge from discharging from the wastewater treatment facility; and 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit Number 13000-001, Final Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with the permit limits; PENALTY: $6,345; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4) COMPANY: City of Domino; DOCKET NUMBER: 2003-1115-PWS-E; TCEQ ID NUMBERS: 0340041 and RN101388866; LOCATION: Farm-to-Market Road 3129, 0.4 miles east of Highway 59 and north of Queen City, Cass County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2) and (g) and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and failing to provide public notice related to its failure to collect and submit samples; and 30 TAC §290.109(c)(3), by failing to submit additional water samples after a routine sample tested positive for bacteria; PENALTY: $4,063; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC 175, (512) 239-0575; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(5) COMPANY: Coastal Transport Co., Inc.; DOCKET NUMBER: 2003-0246-PST-E; TCEQ ID NUMBER: RN102605282; LOCATION: 12953 Montana, El Paso, El Paso County, Texas; TYPE OF FACILITY: fuel distribution; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe that the owner or operator of the facility had a valid, current delivery certificate issued by the TCEQ covering the UST system prior to depositing a regulated substance into the UST system; PENALTY: $1,200; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(6) COMPANY: FKD Enterprises Inc. dba Lucky Seven Food Mart; DOCKET NUMBER: 2002-1035-PST-E; TCEQ ID NUMBERS: 44882 and RN101765089; LOCATION: 5925 South Flores, San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(2)(C) and (4)(C) and TWC, §26.3475, by failing to regularly inspect the cathodic protection system at least once every 60 days to ensure proper operation of the rectifier and other system components and failing to have the cathodic protection system inspected and tested once every three years by a corrosion specialist; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475, by failing to monitor for releases from the UST system at least once per month, not to exceed 35 days; 30 TAC §334.48(c), by failing to conduct effective inventory control and reconciliation on all USTs; and 30 TAC §334.10(b)(1)(B), by failing to maintain records pertaining to the UST system and to provide those records to commission personnel upon request; PENALTY: $3,600; STAFF ATTORNEY: Barbara L. Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: Jasbir Singh dba Rolands Kwik Stop; DOCKET NUMBER: 2004-1461-PST-E; TCEQ ID NUMBERS: 24933 and RN100928555; LOCATION: 6530 West 43rd Street, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of USTs; PENALTY: $1,400; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: New Crossing Katy, Inc.; DOCKET NUMBER: 2004-0379-PST-E; TCEQ ID NUMBERS: 70133 and RN101880078; LOCATION: 1350 Pin Oak Road, Katy, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(c), by failing to monitor pressurized piping and failing to test mechanical line leak detectors at least once a year; and TWC, §26.121(a), by failing to prevent an unauthorized discharge of approximately 1,300 gallons of gasoline into, or adjacent to, the waters in the state from a gasoline spill; PENALTY: $13,500; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Newell Recycling of San Antonio, L.P., Newell Recycling Co., Inc., Newell LTD., Newell Enterprises, Inc., Newell Products, Inc., and Newell International, Inc.; DOCKET NUMBER: 2004-0014-MLM-E; TCEQ ID NUMBERS: BG-0149-O; 30060; BG-0147-S; 38632; BG-0293-G; BG-1092-L; and RN102923976 and RN102601804; LOCATION: 726 Probandt Street and 501 Steves Avenue, San Antonio, Bexar County, Texas; TYPE OF FACILITY: scrap metal shredding and recycling, shredder residue reclamation, metal sorting, and lead battery recovery; RULES VIOLATED: 30 TAC §335.4, by allowing the collection, storage, handling, processing, or disposal of industrial solid waste in such a manner as to cause a discharge or the imminent threat of a discharge into, or adjacent to, water in the state, the creation and maintenance of a nuisance, and/or the endangerment of the public health and welfare; TWC, §26.121, by discharging other waste and/or industrial waste into, or adjacent to, water in the state and/or engaging in activity which in itself, or in conjunction with any other discharge or activity causes, continues to cause, or will cause pollution of water in the state; 30 TAC §101.4, by discharging air contaminants that are or may tend to be injurious to or to adversely affect human health or welfare and property, and which interfere with the normal use and enjoyment of property; THSC, §382.085(a) and (b), by emitting air contaminants or performing other activities that have caused or contributed to air pollution and by emitting air contaminants or performing other activities in violation of commission rules; TCEQ Order Docket Number 1998-0235-MLM-E, Provision IV.B.1, by releasing visible emissions from the shredder in excess of 5% opacity for any six-minute period; and TWC, §26.121, by discharging industrial solid waste into, or adjacent to, the waters in the state; PENALTY: $85,000; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: Prince Texas Group, Inc. dba Super Stop No. 11, dba Super Stop No. 12, dba Super Stop No. 13, dba Super Stop No. 16, dba Super Stop No. 18, dba Super Stop No. 19; DOCKET NUMBER: 2002-0698-PST-E; TCEQ ID NUMBERS: 0040084, 0040079, 0040085, 0040077, 0040089, and 0040090; LOCATION: 1125 Jefferson Drive, Port Arthur; 1165 South 11th Street, Beaumont; 2223 Nederland Avenue, Nederland; 1202 Magnolia Avenue, Port Neches; 5480 College Street, Beaumont; 6450 Calder Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(2)(B) and THSC, §382.085(b), by failing to conduct a full system test within 30 days after the original system was replaced; 30 TAC §115.242(3)(M) and THSC, §382.085(b), by failing to maintain the Stage II system free of any equipment defect that would substantially impair the effectiveness of the system in reducing the refueling vapors; 30 TAC §115.246(1) and THSC, §382.085(b), by failing to have a copy of the applicable California Air Resources Board Executive Order for the vapor recovery system in use; 30 TAC §334.22(a), by failing to pay outstanding UST fees and late fees; 30 TAC §115.246(6) and THSC, §382.085(b), by failing to maintain records of daily inspections of the Stage II system; 30 TAC §115.248(1) and §115.246(4) and THSC, §382.085(b), by failing to make each employee aware of the purpose and correct operation of the vapor recovery equipment and failing to maintain a copy of the Stage II system facility representative certification document; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to make the Stage II system records available immediately upon request by TCEQ representatives; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to equip each UST with a valve or other device designed to automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches no higher than 95% capacity; 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 petroleum USTs; 30 TAC §334.48(c), by failing to provide documentation that inventory control for all USTs is being conducted; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to monitor piping for releases each month; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test line leak detectors for proper operation; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the UST system for releases once per month; 30 TAC §334.8(c)(5)(C), by failing to ensure that the designated UST identification number as listed on the UST registration and self-certification form is legibly and permanently affixed in the immediate area of the appropriate fill tube; 30 TAC §334.10(b), by failing to provide requested facility records in a timely manner; 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 valve in a piping system in which regulated substances are conveyed under pressure to an aboveground dispensing unit; PENALTY: $4,200; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(11) COMPANY: Southwest Tire Disposal, L.L.C.; DOCKET NUMBER: 2001-0725-MSW-E; TCEQ ID NUMBERS: 6200001, RN103043956, and RN104002720; LOCATION: 7282 Doniphan, Canutillo, El Paso County and 1420 North Avenue Y, Lubbock, Lubbock County, Texas; TYPE OF FACILITY: used and scrap tire; RULES VIOLATED: 30 TAC §328.58(b), by failing to properly manifest scrap tires by not including the transporter registration number and transporter's driver's license number; 30 TAC §328.59(a) and §328.60(a), by failing to obtain a scrap tire storage site registration prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in trailers; 30 TAC §328.57(c)(3), by failing to transport used and scrap tires to an authorized facility; 30 TAC §328.54(d), by failing to mark scrap tire transportation vehicles with the required transporter's name, place of business, and commission registration number; 30 TAC §328.57(c)(1), by failing to register as a transporter prior to transporting scrap and used tires; 30 TAC §328.59(a) and §328.60(a), by failing to obtain a scrap tire storage site registration prior to storing tire pieces in excess of the weight equivalent of 500 scrap tires on the ground; and 30 TAC §328.58(b), by failing to properly complete the transporter portion of 11 manifests; PENALTY: $12,800; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949 and Lubbock Regional Office, 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(12) COMPANY: Teresa Salinas dba Tex Mart 3; DOCKET NUMBER: 2004-1009-PST-E; TCEQ ID NUMBERS: 14707 and RN101851111; LOCATION: 7131 New Laredo Highway, San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $2,400; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(13) COMPANY: Texas Transeastern, Inc.; DOCKET NUMBER: 2004-0966-PST-E; TCEQ ID NUMBER: RN100928571; LOCATION: 3112 Pansy Street, Pasadena, Harris County, Texas; TYPE OF FACILITY: common carrier distributing gasoline to retail gasoline facilities; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate prior to depositing a regulated substance into the UST systems; PENALTY: $10,000; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Tyler Pipe Company, A Division of McWane, Inc.; DOCKET NUMBER: 2003-0618-MLM-E; TCEQ ID NUMBERS: SK-0041-T and RN102679867; LOCATION: off United States Highway 69, approximately four miles north of Loop 323, Smith County, Texas; TYPE OF FACILITY: iron foundries; RULES VIOLATED: 30 TAC §116.115(c), Permit Number 26203, Special Condition Number 11, and THSC, §382.085(b), by failing to operate the coating application system within the limits and specifications set forth by the manufacturer; 30 TAC §116.115(c), Permit Number 26203, Special Condition Number 8, and THSC, §382.085(b), by exceeding the permitted usage limit a total 163 days; 30 TAC §116.115(c), Permit Number 26203, Special Condition Numbers 16, 18, and 20, and THSC, §382.085(b), by failing to exercise good housekeeping practices; 30 TAC §116.115(c), Permit Number 26203, Special Condition Number 14(B), and THSC, §382.085(b), by failing to maintain complete usage records and have them readily available upon request; 30 TAC §116.116(b)(1), Permit Number 26203, and THSC, §382.085(b), by failing to conduct the mixing process in accordance with the representations made in the permit application; 30 TAC §116.110(a), Permit Number 9425, and THSC, §382.0518(a) and §382.085(b), by failing to obtain new source review (NSR) authorization for all emission points and pollutants; 30 TAC §101.20(3) and §116.160, Permit Number 9425, 40 CFR §51.166, and THSC, §382.085(b), by operating the impact molding process without obtaining prevention of significant deterioration (PSD) authorization prior to completing a major modification where the new emission increases in total suspended particulates are greater than or equal to 15 tons per year (tpy) and carbon monoxide (CO) is greater than or equal to 100 tpy; 30 TAC §101.10(b)(2) and THSC, §382.085(b), by failing to accurately report CO emissions; 30 TAC §116.110(a), Permit Number 8157, and THSC, §382.0518(a) and §382.085(b), by operating the Hermann Moldmaster process without obtaining NSR authorization for all emission points and pollutants; 30 TAC §101.20(3) and §116.160; 40 CFR §51.166, Permit Number 8157, and THSC, §382.085(b), by operating the Hermann Moldmaster process without obtaining PSD authorization prior to completing a major modification to the process, causing emission increases in total suspended particulates greater than or equal to 15 tpy and CO greater than or equal to 100 tpy; 30 TAC §101.221(a) and §116.115(c), Permit Number 8157, Special Condition Number 2, Permit Number 4246, Special Condition Number 6, and THSC, §382.085(b), by failing to maintain all air pollution capture and abatement equipment in good working order and operating properly during plant operations; 30 TAC §116.110(a)(1), Permit Number 26516, and THSC, §382.0518(a) and §382.085(b), by failing to represent all emissions generated from the graphite/isopropanol mixing and application operations and the core wash process in its application for an air permit; 30 TAC §116.116(a)(1), Permit Number 45728, and THSC, §382.085(b), by failing to route all volatile organic compounds (VOC) emissions from the impact millroom drying tunnel to a thermal oxidizer; 30 TAC §101.201(a) and THSC, §382.085(b), by failing to notify the TCEQ of an estimated reportable quantity emission event within 24 hours of the event being discovered; 30 TAC §106.144(4) and §116.110(a)(4), Permit by Rule Number 53044, and THSC, §382.085(b), by failing to submit a registration form to the TCEQ prior to relocating the sand storage silo; 30 TAC §116.110(a)(1), and THSC, §382.0518(a) and §382.085(b), by failing to obtain NSR authorization prior to constructing and operating the particulate matter (PM) stands process line; 30 TAC §116.116(a), Permit Number 22200, and THSC, §382.085(b), by failing to accurately represent the VOC emissions from the 4260 Casting and Coating Process; 30 TAC §305.125(1), TPDES Permit Number 01793, Effluent Limitations and Monitoring Requirements, Provision Number 1, and TWC, §26.121(a)(1), by exceeding the permitted effluent limits for chemical oxygen demand (COD), oil, grease, and Zinc; 30 TAC §319.11(a) and (b), and TPDES Permit Number 01793, Monitoring and Reporting, Provision Number 2, by failing to properly collect and preserve samples in one instance by using approved methods; Mulit-Sector General Permit (MSGP) Number TXR05P127, Part III, Section A.3.(b), by failing to conduct a survey of potential non-storm water sources and to test or inspect the storm sewer system for the presence of non-storm water flows; Mulit-Sector General Permit (MSGP) Number TXR05P127, Part III, Section A.5.(h), by failing to perform quarterly visual monitoring of the storm water discharge from each of the four storm water outfalls; 30 TAC §116.110(a), Permit Number 222000, and THSC, §382.0518(a) and §382.085(b), by operating the plant without a valid permit; 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by exceeding permit by rule emission limits for VOCs at the South Plant Production Finishing Tank and not having other authorization for the emissions; 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to verify that actual emissions were within the emission rate represented in the permit application for the Torrit Baghouse; 30 TAC §116.110(a), and THSC, §382.0518(a) and §382.085(b), by failing to obtain NSR authorization for engaging in modifications involving the usage of mag rods and a bubbling pot; 30 TAC §116.160, 40 CFR §51.166, and THSC, §382.085(b), by failing to obtain PSD authorization prior to completing a major modification where the actual to potential emission increases in PM10 are greater than or equal to 15 tpy and CO are greater than or equal to 100 tpy; 30 TAC §116.116, Permit Number 4581, and THSC, §382.0518(a) and §382.085(b), by failing to operate the ductile inoculation fugitive emission collection system on the 65-ton furnace with an efficiency of 99% as represented in the permit amendment application; 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by constructing and operating the South Plant Impact Millroom Dip Tank without obtaining a permit or other authorization; 30 TAC §101.201(b), by failing to record and report all of the information required in the final record for the emission events; 30 TAC §116.115(c), TWC, §382.085(b), TCEQ Air Permit Number 4246, Special Provision Numbers 1 and 3, and TCEQ Air Permit Number 70403, Special Condition Number 1, by failing to prevent unauthorized emissions released during emissions events; 30 TAC §101.201(a), by failing to submit an initial notification within 24 hours after the discovery of an emission event; 30 TAC §101.201(b), by failing to record and report all of the information required in the final records for the emission events; 30 TAC §116.115(c), TWC, §382.085(b), TCEQ Air Permit Number 4246, Special Provision Numbers 1 and 3, and TCEQ Air Permit Number 70403, Special Condition Number 1, by failing to prevent unauthorized emissions; 30 TAC §101.201(a), by failing to submit an initial notification within 24 hours after the discovery of an emission event; 30 TAC §116.115, Permit Number 70403, Special Condition Number 1, and THSC, §382.085(b), by exceeding the maximum allowable emission rate for hydrogen chloride and hydrogen fluoride; 30 TAC §116.115, Permit Number 70403, Special Condition Number 1, and THSC, §382.085(b), by exceeding the maximum allowable emission rate for particulate matter; PENALTY: $1.5 million; STAFF ATTORNEY: Paul Sarahan, Litigation Division, MC 175, (512) 239-3423; James Biggins, Litigation Division, MC 175, (713) 767-3500; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200501444

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 6, 2005


Notice of Opportunity to Participate in Permitting Matters

A person may request to be added to a mailing list for public notices processed through the Office of the Chief Clerk for air, water, and waste permitting activities at the TCEQ. You may request to be added to: (1) a permanent mailing list for a specific applicant name and permit number; and/or (2) a permanent mailing list for a specific county or counties.

Note that a request to be added to a mailing list for a specific county will result in notification of all permitting matters affecting that particular county.

To be added to a mailing list, send us your name and address, clearly specifying which mailing list(s) to which you wish to be added. Your written request should be sent to the TCEQ, Office of the Chief Clerk, Mail Code 105, P. O. Box 13087, Austin, TX 78711-3087.

Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-200501448

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 6, 2005


Notice of Priority Groundwater Management Area Report Completion

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) in accordance with 30 Texas Administrative Code (TAC) §294.41(i), gives notice of the completion, recommended action, and availability of the Priority Groundwater Management Area (PGMA) report entitled Updated Evaluation for the Trans-Pecos Priority Groundwater Management Study Area . In the report, the executive director concludes the Trans-Pecos study area including all of Loving, Reeves, Ward, and Winkler Counties should not be designated as a PGMA at this time because: 1) most of the identified water supply problems are localized and are not study area-wide problems; 2) water is of sufficient quality in the study area to meet intended and projected uses; and 3) based on criteria adopted by the Region F Water Planning Group, surface and groundwater supplies are sufficient to meet the present needs, and are projected to be sufficient to meet all future needs to 2030 except for some irrigated agriculture and livestock shortfalls. Because the data does not justify PGMA designation at this time, the executive director concludes that the local leadership, landowners, and citizens must determine if they desire to manage their groundwater resources. For their groundwater management consideration, the executive director concludes that either the creation of a multi-county groundwater conservation district (GCD) consisting of all four counties in the study area, or the addition of the four-county study area to the existing Middle Pecos Groundwater Conservation District would be the most feasible, economical, and practical options to achieve groundwater management for the Cenozoic Pecos Alluvium aquifer.

EXECUTIVE SUMMARY OF REPORT

In 1990, the Texas Water Commission (predecessor agency of TCEQ) determined the Cenozoic Pecos Alluvium aquifer area did not meet the criteria to be designated as a critical area, but requested the area be reinvestigated at a later date when more data became available. This report summarizes and evaluates data and information that has been developed in the Trans-Pecos study area over the past dozen years to determine if the area is experiencing or is expected to experience, within the next 25-year period, critical groundwater problems. For the purposes of this report, the Trans-Pecos PGMA study area includes Loving, Reeves, Ward, and Winkler Counties.

This update study was originally initiated in December 1998 by the executive director of TCEQ. Specific area evaluation update reports were prepared by the executive administrator of the Texas Water Development Board and the executive director of the Texas Parks and Wildlife Department. Water stakeholder input was solicited by TCEQ questionnaires in May 1999. Twenty study area stakeholders generally responded that there were no major groundwater declines in the Trans-Pecos study area, that groundwater quality problems were mostly found in localized groundwater-level decline areas or areas associated with the naturally occurring salts, and that the water supply corporations and improvement districts exercise some limitations on water usage based on availability. The responding surface water districts noted that they have developed and implemented water conservation plans. Due primarily to major statutory changes to the water planning provisions of state law, the completion of the report was purposely delayed until the regional and state water plans had been developed and adopted and the planning data could be considered. This report relies primarily on the data and supporting information used to develop conclusions and recommendations in the 2001 Region F and 2002 state water plans.

Study area water supplies include the Cenozoic Pecos Alluvium, Dockum, and Edwards-Trinity Plateau aquifers; surface water from the Red Bluff Reservoir, Pecos River, Balmorhea Lake, and stock tanks; and wastewater reuse. In 2000, groundwater sources accounted for over 80% of water usage in the area and provided about 85,813 acre-feet (af) of water for in- and out-of-area uses. Groundwater supplies from the Cenozoic Pecos Alluvium aquifer accounted for 89% of this source type, and the Dockum and Edwards-Trinity Plateau aquifers accounted for about 9% and 2% of this source type, respectively. Red Bluff Reservoir and releases to the Pecos River supplied 14,451 af of water in 2000 for irrigation purposes. Another 308 af of surface water from other local sources, and 1,889 af of direct reuse supplies were also used in 2000. In 2000, irrigation accounted for about 80% of water use followed by municipal and rural domestic uses at 13%; power, less than 5%; and in decreasing order, mining, manufacturing, and livestock at less than 2%, 1%, and 1%, respectively. The regional and state water plans project that between the years 2000 and 2030, total population within the study area will increase by approximately 14% (from 40,936 inhabitants in 2000 to 47,339 inhabitants in 2030). However, the total projected water demand from the four-county study area is not expected to change significantly over the next 30-year period. The total projected demand for 2000 was 146,548 af and the total projected demand for 2030 is 146,032 af, a difference of only 516 af, or less than one percentage point over the 30-year time frame.

Decreased streamflow, natural and man-induced salinity increases, and pollution from oil fields and agriculture have adversely affected the fish population in the study area. The drying up of springs in the study area has been attributed to a lowering of the water table caused by groundwater withdrawal for irrigation purposes. The native cottonwoods, black willow, and grasses that once dominated the riparian corridor along the Pecos River have been taken over by saltcedar, mesquite brush and woods, and Bermuda grass. The water supply problems identified in this report are localized and are not study area-wide problems. The problems identified include naturally occurring and man-induced poor quality groundwater zones, lack of firm alternative supplies for some irrigation and livestock use, water level declines and water quality degradation in some areas of continued irrigation overdraft and municipal pumpage, potential groundwater impacts from new well field development and demands from outside the area, potential cross-formation water quality impacts from localized areas of subsidence, and mining of groundwater from aquifer storage to meet future demands. Public health risk due to natural and man-induced contamination, inadequate groundwater supply, lack of supply enhancement such as aquifer recharge, and lack of groundwater protection programs were the major water concerns noted by study area respondents.

The available data indicates that water is of sufficient quality in the study area to meet intended and projected uses. Based on criteria adopted by the Region F Water Planning Group, surface and groundwater supplies are sufficient to meet the present needs, and are projected to be sufficient to meet all future needs to 2030 except for some irrigated agriculture and livestock shortfalls. Therefore, the water supply and water quality issues identified in the report are not presently critical problems and are not anticipated to be critical problems during the next 25-year planning horizon. Primarily for these reasons, the report concludes and recommends that this study area should not be designated as a priority groundwater management area at this time.

The report evaluates water management entities within the area and recommends groundwater management strategies to monitor, evaluate, and understand the aquifers and to establish protection programs to minimize drawdown of water levels and maintain existing spring flows to facilitate protection of natural resources. Cooperation and continuation of the Pecos River Ecosystem Project, and facilitation of this and longer term brush maintenance and control programs, are identified as primary groundwater management strategies to help conserve natural resources in the study area. Facilitating administrative programs to help agricultural producers secure conservation grant or loan monies for conversion to more efficient irrigation systems is another groundwater management strategy identified to conserve the natural resources of the study area.

The report evaluates the feasibility and practicability for groundwater management by a GCD and concludes that groundwater management would be beneficial for the study area. The report concludes that a GCD could benefit the study area by implementing aquifer and area-specific strategies for: water quantity and quality research, monitoring, data collection, and assessment; comprehensive water well inventory, registration, and permitting; and weather enhancement and aquifer recharge. Strategies to encourage conservation of fresh groundwater and the use of poorer quality groundwater, to educate school children and the public about the finite water resources and of actions that can be taken to conserve the resources, and to protect fresh water zones by administering an abandoned well location and plugging program would also benefit the citizens of the area. Even though most of the respondents considered significant groundwater problems likely in the next 25-year time frame, only two respondents from the four-county study area favored the creation of GCDs in the area.

Because the available data does not justify PGMA designation for the study area at this time, the report suggests that the local leadership and citizens must determine if they desire to manage groundwater resources. If their answer is yes, these landowners, on their own initiative, will need to consider the different methods available to create a groundwater conservation district. They must also consider several different GCD creation options and the implications for each. The report concludes that either the creation of a multi-county GCD consisting of all four counties in the study area or the addition of the four-county study area to the existing Middle Pecos Groundwater Conservation District would be the most feasible, economical, and practical options to achieve groundwater management for the Cenozoic Pecos Alluvium aquifer.

The completion of this report concludes TCEQ actions regarding the Trans-Pecos PGMA update study area and the recommendations made in the report are primarily for the water stakeholders in the four-county area. Local decision making and initiative would be required to exercise the groundwater management practices identified and recommended in the report. Anyone who disagrees with the executive director's determination that a PGMA should not be designated may file a motion with the TCEQ to overturn the determination in accordance with 30 TAC §50.39. The deadline to file such a motion will be May 4, 2005.

REPORT AVAILABILITY

The executive director's report was filed on April 1, 2005, with TCEQ's Office of the Chief Clerk, located at 12100 Park 35 Circle, Building F, Room 1104, Austin, Texas. The report is available for public inspection at the Office of the Loving County Clerk, located at 100 Bell Street in Mentone; the Office of Reeves County Clerk, located at 100 East 4th Street and the Reeves County Library, located at 505 South Park Street in Pecos; the Office of the Ward County Clerk, located at 400 South Allen and the Ward County Library, located at 409 South Dwight Street in Monahans; the Office of the Winkler County Clerk, located at 100 East Winkler and the Winkler County Library, located at 307 South Poplar Street in Kermit; and the Wink Branch Library, located at 109 Roy Orbison in Wink. The report is also available for inspection at the Middle Pecos Groundwater Conservation District, located at 103 West Callaghan Street in Fort Stockton; the Jeff Davis Underground Water Conservation District, located at 113 State Street in Fort Davis; the Culberson County Groundwater Conservation District, located at 1300 West Broadway in Van Horn; the TCEQ Region 7 Office, located at 3300 North A, Building 4-107 in Midland; and on the commission's Web site at http://www.tceq.state.tx.us/water/quality/gw/index.html . Copies of the report may be obtained by contacting Mr. Kelly Mills at (512) 239-4512, by email at kmills@tceq.state.tx.us , or in writing to Mr. Kelly Mills, Texas Commission on Environmental Quality, Water Quality Planning and Assessment, MC-147, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200501429

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 5, 2005


Notice of Water Rights Application

Notices mailed March 30, 2005.

PROPOSED TEMPORARY PERMIT NO. TP-5879; Enbridge Pipelines (E. Texas) L.P., 1600 N. Jackson, Jacksonville, Texas 75766, Applicant, has requested authorization to divert and use up to 33.75 acre-feet of water at a maximum diversion rate of 4.456 cfs (2,000 gpm) for a period of fourteen days from Catfish Creek, tributary of Trinity River, Trinity River Basin, for industrial (hydrostatic testing of pipeline) purposes in Anderson County, Texas. The diversion point will be located at 31.8951 N and 95.8742 W, at the Catfish Creek crossing of the Enbridge Right of Way approximately 17 miles northwest of Palestine and 3.3 miles southeast of Bethel in Anderson County. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on December 23, 2004, and the required fees were received on February 15, 2005. The application was declared to be administratively complete and filed with the Office of the Chief Clerk on February 24, 2005. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by April 20, 2005.

PROPOSED TEMPORARY PERMIT NO. TP-5880; Enbridge Pipelines (E. Texas) L.P., 1600 N. Jackson, Jacksonville, Texas 75766, Applicant, has requested authorization to divert and use up to 15.34 acre-feet of water at a maximum diversion rate of 4.456 cfs (2,000 gpm) for a period of fourteen days from Irons Bayou, tributary of Sabine River, Sabine River Basin, for industrial (hydrostatic testing of pipeline) purposes in Panola County, Texas. The diversion point will be located at 32.2135 N and 94.4355 W, at the Irons Bayou crossing of the Enbridge Right of Way, approximately 7 miles northwest of Carthage and 2.4 miles southeast of Beckville in Panola County. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on December 23, 2004, and the required fees were received on February 15, 2005. The application was declared to be administratively complete and filed with the Office of the Chief Clerk on February 24, 2005. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by April 20, 2005.

INFORMATION SECTION

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

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

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

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

TRD-200501446

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 6, 2005


Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 1, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Lee Bell; SOAH Docket No. 582-04-5440; TCEQ Docket No. 2003-0481-MSW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Lee Bell on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200501449

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 6, 2005


Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 5, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Naseer Ahmad dba Super Stop 3; SOAH Docket No. 582-05-3394; TCEQ Docket No. 2003-0866-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Naseer Ahmad dba Super Stop 3 on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200501450

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 6, 2005


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 June 6, 2005 . 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 June 6, 2005 . 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: B4Gibson Plumbing Company, LLC dba Gibson Plumbing; DOCKET NUMBER: 2004-2084-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 19796, Regulated Entity Number (RN) 103732483; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: plumbing business with an underground storage tank (UST) system; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide corrosion protection; 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and the Code, §26.3475(a) and (c)(1), by failing to monitor the USTs for releases and by failing to conduct an annual performance test on the line leak detectors; 30 TAC §334.10(b), by failing to maintain UST system records and have them ready for review; and 30 TAC §334.8(c)(5)(C), by failing to number the tanks with identification numbers; PENALTY: $9,600; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: John P. Brinkman dba Brinkman Homes; DOCKET NUMBER: 2005-0033-WQ-E; IDENTIFIER: RN104458484l; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: general contractor; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(a), by failing to obtain authorization to discharge storm water; PENALTY: $950; ENFORCEMENT COORDINATOR: Brandon Smith, (512) 239-4471; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(3) COMPANY: Kent Jisha dba Dairy Works; DOCKET NUMBER: 2004-1983-AGR-E; IDENTIFIER: Permit Number TXG920100, RN102336161; LOCATION: near Yantis, Hopkins County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31(a) and §321.39(g)(1), by failing to prevent the discharge of waste from an animal feeding operation and to prevent animals from coming into direct contact with surface water; PENALTY: $520; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4) COMPANY: Fair Oaks Club Corporation; DOCKET NUMBER: 2004-2076-EAQ-E; IDENTIFIER: Edwards Aquifer Site Registration Number 13-93011301, RN103771861; LOCATION: Fair Oaks Ranch, Bexar County, Texas; TYPE OF FACILITY: golf course; RULE VIOLATED: 30 TAC §213.4(g)(1)(D) and (2), and (j)(3), by failing to properly deed record an approved modification to an Edwards Aquifer protection plan (EAPP) and by failing to notify the appropriate regional office in writing and obtain approval for modification of a previously approved EAPP; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Fruitvale Independent School District; DOCKET NUMBER: 2004-1524-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12369001, RN101527919; LOCATION: Fruitvale, Van Zandt County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12369001, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for dissolved oxygen, total suspended solids (TSS), biochemical oxygen demand, and flow; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(6) COMPANY: Gobu, Inc. dba Mobil Deluxe Mart; DOCKET NUMBER: 2005-0058-PST-E; IDENTIFIER: PST Facility Identification Number 74792, RN101540631; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,640; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: H&H Water Supply Corporation; DOCKET NUMBER: 2005-0092-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1550029, RN101438612; LOCATION: Riesel, McLennan County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(e)(4)(B), by failing to properly protect chlorine cylinders; and 30 TAC §290.41(c)(1)(A) and (F), by failing to ensure that a groundwater source is located at the prescribed distance and by failing to provide a sanitary easement; PENALTY: $263; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: H-M-W Special Utility District of Harris and Montgomery Counties; DOCKET NUMBER: 2004-1360-MWD-E; IDENTIFIER: TPDES Permit Number 0014266001, RN101919470; LOCATION: Magnolia, Montogmery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 001426601, and the Code, §26.121(a), by failing to comply with the permitted daily average for TSS and chlorine; PENALTY: $3,210; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Hamshire Community Water Supply Corporation; DOCKET NUMBER: 2004-2069-PWS-E; IDENTIFIER: PWS Number 1230025, RN101283208; LOCATION: Hamshire, Jefferson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(b)(4), by failing to maintain residual disinfection concentrations in the water within the distribution system; PENALTY: $107; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(10) COMPANY: Hank's Roll-Off & Waste Services, Inc.; DOCKET NUMBER: 2005-0100-MSW-E; IDENTIFIER: RN102467347; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: waste collection, recycling, and disposal; RULE VIOLATED: 30 TAC §330.4(a) and (b), by failing to obtain a permit or authorization to process municipal solid waste (MSW) and by transporting MSW for disposal to an unauthorized facility; PENALTY: $900; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Amirali Ladhani dba Henry's Quick Stop; DOCKET NUMBER: 2004-1577-PST-E; IDENTIFIER: PST Registration Number 36490, RN101737575; LOCATION: Poteet, Atascosa County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Leila Pezeshki, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(12) COMPANY: Bahadur Alibhai dba Hub Food Store; DOCKET NUMBER: 2004-2033-PST-E; IDENTIFIER: PST Facility Identification Number 6246, RN101547677; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,090; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Lolly Malhotra dba J A M Food Store; DOCKET NUMBER: 2005-0215-PST-E; IDENTIFIER: PST Facility Identification Number 6226, RN101545069; LOCATION: Mineral Wells, Palo Pinto County, Texas; TYPE OF FACILITY: convenience store 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) and the Code, §5.702, by failing to pay UST fees; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Suzanne Baldwin, (512) 239-1675; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Lake Ridge Properties, Inc. dba Lake Ridge Estates; DOCKET NUMBER: 2004-1928-PWS-E; IDENTIFIER: PWS Number 2330029, RN101266948; LOCATION: near Del Rio, Val Verde County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to provide sanitary easements; 30 TAC §290.46(d)(2)(A), (e)(4)(A), (f)(2) and (3)(D)(ii), (j), and (m), by failing to maintain a residual disinfectant concentration of at least 0.2 milligrams per liter free chlorine, by failing to have a certified Class D or higher licensed operator, by failing to maintain the system's operating records, by failing to produce documentation of the annual tank inspections, by failing to provide documentation of customer service agreements or inspection reports, and by failing to maintain and conduct maintenance and housekeeping practices; 30 TAC §290.110(e)(4), by failing to submit a quarterly distribution report; 30 TAC §290.45(b)(1)(C)(ii) and (iii) and THSC, §341.0315(c), by failing to provide a storage capacity of 200 gallons per connection and by failing to provide two or more pumps having a total capacity of two gallons per minute per connection; and 30 TAC §21.3 and §290.51 and the Code, §5.702, by failing to pay the water quality and public health service fees; PENALTY: $4,673; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(15) COMPANY: Lamb County Electric Cooperative, Inc.; DOCKET NUMBER: 2004-1795-PST-E; IDENTIFIER: PST Facility Identification 18582, RN100695329; LOCATION: Littlefield, Lamb County, Texas; TYPE OF FACILITY: power distribution service vehicle refueling station; RULE VIOLATED: 30 TAC §334.50(b)(2) and (d)(1)(B)(ii) and the Code, §26.3475(a) and (c)(1), by failing to monitor the piping of the UST system and by failing to reconcile inventory control records; 30 TAC §334.8(c)(4)(A)(vii), (5)(A)(i) and (iii), and (B)(ii), and the Code, §26.3467(a), by failing to renew a previously issued UST delivery certificate, by failing to make available to any common carrier a valid delivery certificate, and by failing to ensure that a valid, current delivery certificate is posted at the facility; and 30 TAC §334.45(c)(3)(A), by failing to securely anchor the emergency shut-off valve; PENALTY: $13,200; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(16) COMPANY: Lamb County Hospital dba Lamb Healthcare Center; DOCKET NUMBER: 2005-0214-PST-E; IDENTIFIER: PST Facility Identification 56992, RN101839488; LOCATION: Littlefield, Lamb County, Texas; TYPE OF FACILITY: county hospital; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $840; ENFORCEMENT COORDINATOR: Suzanne Baldwin, (512) 239-1675; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(17) COMPANY: La Porte Methanol Company, LP and Linde Gas, LLC; DOCKET NUMBER: 2004-0973-AIR-E; IDENTIFIER: Air Account Number HX2302N, RN102830866; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §115.354(1)(B), 40 CFR §63.168(i)(3), and THSC, §382.085(b), by failing to conduct annual monitoring of difficult-to-monitor valves; 30 TAC §115.352(4), 40 CFR §63.167(a)(1), and THSC, §382.085(b), by failing to equip two open-ended lines with either a cap, blind flange, plug, or a second valve; and 30 TAC §115.355(1) and THSC, §382.085(b), by failing to properly conduct test method 21 monitoring; PENALTY: $12,480; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Lone Star Properties LP dba Trinity Builders; DOCKET NUMBER: 2004-2078-WQ-E; IDENTIFIER: TPDES General Permit Number TXR15N061, RN104403001; LOCATION: Abilene, Taylor County, Texas; TYPE OF FACILITY: general contracting company; RULE VIOLATED: 30 TAC §281.25(a)(4) and TPDES General Permit Number TXR15N061, by failing to develop and implement a storm water pollution plan; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(19) COMPANY: Newell Recycling Company of El Paso, L.P.; DOCKET NUMBER: 2005-0242-PST-E; IDENTIFIER: PST Facility Identification Number 23720, RN100581768; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: recycling; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $672; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(20) COMPANY: PNI Distribution Incorporated; DOCKET NUMBER: 2004-1861-PST-E; IDENTIFIER: RN103081055; LOCATION: Garland, Dallas 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 had a valid, current delivery certificate; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: Penske Truck Leasing Co., L.P.; DOCKET NUMBER: 2004-1905-AIR-E; IDENTIFIER: Air Account Number EE1312O, RN100562180; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: truck leasing company that dispenses gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to meet the minimum oxygen content of 2.7% by weight; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Susan Longenecker, (512) 239-0968; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(22) COMPANY: Producers Livestock Auction Company; DOCKET NUMBER: 2004-2085-AGR-E; IDENTIFIER: RN101964781; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: animal feeding operation; RULE VIOLATED: 30 TAC §321.47(d)(2) and the Code, §26.121(a), by failing to adequately maintain proper corral pen drainage; PENALTY: $2,040; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(23) COMPANY: Shank C&E Investments, L.L.C.; DOCKET NUMBER: 2005-0024-PST-E; IDENTIFIER: RN100535582; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate; PENALTY: $408; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Tash, Inc. dba In-N-Out Mini Mart; DOCKET NUMBER: 2005-0243-PST-E; IDENTIFIER: PST Facility Identification Number 60716, RN101633048; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $1,680; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(25) COMPANY: The Lubrizol Corporation; DOCKET NUMBER: 2004-1527-AIR-E; IDENTIFIER: Air Account Number HG0459J, RN100221589; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(1), Title V Permit Number O-02191, and THSC, §382.085(b), by failing to operate as represented in its permits by operating the plate and frame filter without a hood and blower; PENALTY: $5,325; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Total Petrochemicals USA, Inc.; DOCKET NUMBER: 2004-2037-IWD-E; IDENTIFIER: TPDES Permit Number 1000000, RN100212109; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: polypropylene manufacturing complex; RULE VIOLATED: 30 TAC §305.125(1), (4), and (5), TPDES Permit Number 1000000, and the Code, §26.121(a), by failing to prevent unauthorized discharges and by failing to comply with permitted effluent limits; PENALTY: $22,000; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(27) COMPANY: Gary C. Becker dba University Exxon; DOCKET NUMBER: 2004-1840-PST-E; IDENTIFIER: PST Facility Identification Number 26013, RN100536960; LOCATION: San Marcos, Hays County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $950; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(28) COMPANY: Carl Williams dba Carl Williams Sand & Gravel; DOCKET NUMBER: 2005-0127-MSW-E; IDENTIFIER: RN104458450; LOCATION: near Weatherford, Tarrant County, Texas; TYPE OF FACILITY: unpermitted MSW landfill consisting of a sand and gravel mining pit; RULE VIOLATED: 30 TAC §330.4(a) and (b) and §330.5(c), by failing to prevent the disposal/dumping and storage of MSW at an unauthorized, non-permitted disposal site; PENALTY: $800; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(29) COMPANY: Kenneth Young; DOCKET NUMBER: 2004-2081-MSW-E; IDENTIFIER: RN104000039; LOCATION: near Brady, McCulloch County, Texas; TYPE OF FACILITY: unauthorized landfill; RULE VIOLATED: 30 TAC §330.5(c), by failing to prevent the disposal of MSW at an unauthorized disposal site; PENALTY: $1,520; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

TRD-200501423

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 5, 2005


Texas Ethics Commission

List of Late Filers

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Miller at (512) 463-5800 or (800) 325-8506.

Deadline: Semiannual GPAC Report Due July 15, 2004

Thomas Hamilton Price, Alief Democrats, 12818 Westpark Dr., Houston, Texas 77082-3620

Deadline: Semiannual JC/OH Report Due July 15, 2004

David Flores, 3128 Old Beeville Saint Mary's Rd., Beevilee, Texas 78102-8828

Glenn O. Lewis, 6328 Banbury Dr., Fort Worth, Texas 76119

Deadline: 8 Days Before An Election Report Due October 25, 2004

Donald J. Large, 11731 Fall Meadow Lane, Houston, Texas 77039-5803

Charles H. Schweiger, Dallas County Republican Party (CEC), 10100 N. Central Expy., Suite 175, Dallas, Texas 75231

Deadline: Semiannual GPAC Report Due January 18, 2005

Mike Martin, Galveston Bay Political Education Fund, 3401 Allen Pkwy #100, Houston, Texas 77019

Guy R. Jackson, Chambers County Democratic Executive Committee (CEC), P.O. Box D, Anahuac, Texas 77514

Wesley R. Carrera, Texas Water Quality Association PAC, 1119 Paulsun, San Antonio, Texas 78219

Charles M. Miles, Black Voter Action Project, 7204 Marywood Cr., Austin, Texas 78723

David C. Atherton, Dental Laboratory PAC of Texas, 128 Wooded Crest Dr., Woodway, Texas 76712

Byron LeFlore, Committee for Judicial Reform, 755 E. Mulberry St., Suite 200, San Antonio, Texas 78212

Brian J. Welkes, Republican Liberty PAC, 7715 Robin Rd., Dallas, Texas 75209

Angela M. Roper, Texas Towing and Storage Assn. PAC, P.O. Box 1643, Georgetown, Texas 78627

Richard H. Callison, Greater Texas Sportsmen's Coalition, 3405 Edloe St., Suite 380, Houston, Texas 77027

Kevin McDonnell, Republican Party of Ellis County, Local, 203 S. College St., Suite 200, Waxahachie, Texas 75165

Vince Leibowitz, Van Zandt County Democratic Party (CEC), P.O. Box 217, Canton, Texas 75103

Clarence B. Bagby, Houston Historic Preservation PAC, 2003 Kane St., Houston, Texas 77007

Stanley J. Briers, Plumbing A/C Mechanical Contractors PAC, 219 Whispering Oaks, Taylor Lake Village, Texas 77856

Trista Rae Allen, Texas Democratic Women PAC, 701 Rio Grande, Austin, Texas 78701

Hector Carreno, Latina PAC, 714 Parker St., Houston, Texas 77007

Ross C. Ahlstrom, Jr., Brazoria County Republican Men's Club, 149 Oak Dr., Lake Jackson, Texas 77566

Wendy O. Melton, Texas Democratic Women of Montgomery Co., 10721 Timberwagon, The Woodlands, Texas 77380

Derrick M. Mitchell, ANSUN PAC, 3310 Louisiana St. #2315, Houston, Texas 77006-6638

B. Fred Ashmead, Fair Judge Committee, 1348 Gardenia, Houston, Texas 77018

Kathie N. Ware, Concerned Citizens for Regional Water PAC, 12210 De Forrest, Houston, Texas 77066

Rudolf Stahel, Collin County Republican Party (CEC), 2520 Ave. K, Suite 280, Plano, Texas 75074

Javier A. Soza, McAllen Fire Fighter's Assn. Local 2602, 2044 Umar Ave., McAllen, Texas 78504

Eleazar Ramos, Voters for Better Government, 306 Puig Dr., Laredo, Texas 78041

Richard A. Gibbs, Municipal Utilities District PAC, 2600 Great Oaks Dr., Round Rock, Texas 78681

Dorothy Walker, Kessler Park Republican Women, 2711 Poinsettia Dr., Dallas, Texas 75211

Thomas C. Devor, Texas Politics Online PAC, 5610 Oak Trail Lane, Houston, Texas 77091

Paul J. Gebolys, Woodlands Voter Information Project, 594 Sawdust Road, Suite 214, The Woodlands, Texas 77380

Thomas H. Price, Alief Democrats, 12818 Westpark Dr., Houston, Texas 77082

W. Troy McKinney, Concerned Citizens for a Responsible Judiciary PAC, 440 Louisiana, Suite 2110, Houston, Texas 77002

Leslie J. Baldwin, Ya Basta PAC, 9455 Viscount #116, El Paso, Texas 79925

Olu McGuinnis Otubusin, African Coalition PAC, 6430 Richmond Ave., Suite 420, Houston, Texas 77057

Brenda A. Kindt, Dallas BOMA PAC, 16633 N. Dallas Pkwy., Suite 200, Addison, Texas 75001

Deadline: Semiannual J/COH Report Due January 18, 2005

Daniel L. Alford, IV, P.O. Box 275, Caldwell, Texas 77836

Boyd W. Bauer, P.O. Box 1436, Beeville, Texas 78104

James R. Bridges, 5447 Willis, Dallas, Texas 75206

Gabriella S. Canales, 1600 E. Main, Suite 200, Alice, Texas 78332

Douglas R. Cannon, 1025 S. Shepherd, Suite 404, Houston, Texas 77019-3634

Gerry N. Crawford, Rt. 16 Box 2161, Lufkin, Texas 75901

Chloe "Jack" Daniel, P.O. Box 810570, Dallas, Texas 75381-0570

Michael Esparza, P.O. Box 156, Alice, Texas 78333

Michelle A. Fling, P.O. Box 353, Bastrop, Texas 78602-0353

David Flores, 3128 Old Beeville Saint Mary's Rd., Beeville, Texas 78102-8828

Michael A. Flores, 3800 Lynwood St., El Paso, Texas 79936

Eric J. Freeman, 13207 Darwin Lane, Austin, Texas 78729

Xavier O. Garcia, 5919 Bayberry Way, Sugar Land, Texas 77479

Timoteo Garza, 2392 Willow Trail, Eagle Pass, Texas 78852

Paul Herrmann, 320 S. Polk #902, Amarillo, Texas 79101

A. Robert Hinojosa, 7211 Regency Square Blvd., Suite 111, Houston, Texas 77036

Jess A. Holloway, 1326 Albany St., Apt. 2, Abilene, Texas 79605-5069

Rogelio Ibanez, Jr., 1410 Dove, McAllen, Texas 78504

Elizabeth C. Jandt, 112 N. Austin St., Seguin, Texas 78155

Stephen Kyle Johnston, 678 Fawn Dr., Houston, Texas 77015

Charlie Urbina Jones, 115 N. Cibolo St., San Antonio, Texas 78207

Ann E. Kitchen, 2401 Briargrove, Austin, Texas 78704

V. Sue Koenig, 1803 Silverado Dr., Weatherford, Texas 76087

Donald J. Large, 11731 Fall Meadow Lane, Houston, Texas 77039-5803

Glenn O. Lewis, 6328 Banbury Dr., Fort Worth, Texas 76119

Ron S. Lozano, 360 E. Hwy. 77, Suite 1, San Benito, Texas 78589-5214

Napoleon Madrid, 7811 Wildeagle, San Antonio, Texas 78255

Mark Nancarrow, P.O. Box 38311, Dallas, Texas 75238

Julie Iris Oldham, 4523 Allegheny Dr., San Antonio, Texas 78229

Robert Penrice, 2000 25th Ave. N., Texas City, Texas 77590

Carmen R. Rojo, 110 E. Nueva, San Antonio, Texas 78204

Christopher M. Shindler, 6010 Hart Fld., San Antonio, Texas 78249

Clifford F. William, 14210 Henry Road, Houston, Texas 77060-5615

John Worldpeace, 1229 Heights Blvd., Houston, Texas 77008-6917

Virgil W. Yanta, 140 Hwy. 46 W., Boerne, Texas 78006-8114

Alma Zepeda, 121 E. 12th #9, Houston, Texas 77008

Deadline: Monthly MPAC Report Due January 5, 2005

Shari L. Degan, Dallas Police Officer's PAC, 1412 Griffin St. East, Dallas, Texas 75215

TRD-200501426

David Reisman

Executive Director

Texas Ethics Commission

Filed: April 5, 2005


Texas Health and Human Services Commission

Public Notice

The Health and Human Services Commission, State Medicaid Office, received approval from the Centers for Medicare and Medicaid Services to amend the Title XIX Medical Assistance Program state plan by Transmittal Number 04-27, Amendment Number 691.

This amendment removes reference to service coordination for individuals enrolled in Mental Retardation Local Authorities (MRLA). The MRLA waiver program was discontinued and the individuals enrolled in the MRLA program have been enrolled in the Home and Community-based Services (HCS) program. The amendment will not impact the rate of those local authorities providing case management for individuals with mental retardation, a related condition, or pervasive developmental disorder. The reimbursement methodology will remain the same. The effective date of the amendment is December 1, 2004.

For additional information, please contact Gilbert Estrada, Policy Development Support with the Medicaid/CHIP Division, at (512) 491-1331 or by email at gilbert.estrada@hhsc.state.tx.us.

TRD-200501387

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 4, 2005


Public Notice

The Health and Human Services Commission's State Medicaid Office received approval from the Centers for Medicare and Medicaid Services to amend the Title XIX Medical Assistance Program state plan by Transmittal Number TX04-031, Amendment Number 695.

HHSC proposed an amendment to the Texas Medicaid State Plan concerning Pharmacy Dispensing Fees. The amendment adds an incentive reimbursement for dispensing generic products for which a manufacturer has offered a supplemental rebate to the state. Under Texas Government Code §531.070(h), HHSC is required to include generic drug products in the Preferred Drug List, created by Texas Government Code §531.0702. The effective date of the amendment is December 1, 2004.

For additional information, please contact Gilbert Estrada, Policy Development Support with the Medicaid/CHIP Division, at (512) 491-1331 or by email at gilbert.estrada@hhsc.state.tx.us.

TRD-200501388

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 4, 2005


Texas Department of Insurance

Company Licensing

Application to change the name of FIREMAN’S FUND INSURANCE COMPANY OF TEXAS to PROCENTURY INSURANCE COMPANY, a domestic Fire and/or Casualty company. The home office is in Dallas, Texas.

Application to change the name of ORION LIFE INSURANCE COMPANY to MAGELLAN LIFE INSURANCE COMPANY, a foreign Life, Accident, and/or Health company. The home office is in Wilmington, Delaware.

Application for admission to the State of Texas by AUTOONE INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office is in Melville, New York.

Application for admission to the State of Texas by EMPLOYERS COMPENSATION INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office is in Glendale, California.

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-200501442

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 6, 2005


Texas Lottery Commission

Instant Game Number 551 "Barrel of Bucks"

1.0 Name and Style of Game.

A. The name of Instant Game No. 551 is "BARREL OF BUCKS". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 551 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 551.

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, BUCK SYMBOL, $1.00, $2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $60.00, $200, $1,000 and $30,000.

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. 551 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 551 - 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 Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $10.00, $15.00 or $20.00.

H. Mid-Tier Prize - A prize of $30.00, $60.00 or $200.

I. High-Tier Prize - A prize of $1,000 or $30,000.

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 (551), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 551-0000001-001.

L. Pack - A pack of "BARREL OF BUCKS" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 001 and 002 will be on the top page; tickets 003and 004 on the next page; etc.; and tickets 249 and 250 will be on the last page. Please note the books will be in a A - B configuration.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BARREL OF BUCKS" Instant Game No. 551 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 "BARREL OF BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either BARREL NUMBER play symbols the player wins prize shown for that number. If a player reaveals a BUCK play symbol the player wins prize shown for that number instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers play symbols on a ticket.

C. No duplicate Barrel Numbers play symbols on a ticket.

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

E. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "BARREL OF BUCKS" Instant Game prize of $2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $60.00 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 $30.00, $60.00 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 "BARREL OF BUCKS" Instant Game prize of $1,000 or $30,000, 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 "BARREL OF BUCKS" 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 Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 551. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 551 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 551 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. 551, 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-200501435

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 5, 2005


Instant Game Number 553 "Fast Cash"

1.0 Name and Style of Game.

A. The name of Instant Game No. 553 is "FAST CASH". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 553 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 553.

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, MONEY BAG SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 or $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. 553 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 553 - 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 Serial Number is for validation purposes and cannot be used to play the game. 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 $50.00, $100 or $500.

I. 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.

J. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (553), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 553-0000001-001.

K. Pack - A pack of "FAST CASH" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 and 010 on the next page; etc.; and tickets 246 and 250 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 shrinkwrap.

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 "FAST CASH" Instant Game No. 553 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 "FAST CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 12 twelve) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either WINNING NUMBER play symbol the player wins the prize shown for that number. If a player reveals a moneybag symbol the player wins prize shown instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 12 (twelve) 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 12 (twelve) 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 12 (twelve) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 12 (twelve) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers play symbols on a ticket.

C. No duplicate Winning Numbers play symbols on a ticket.

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

E. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

F. The auto win symbol will never appear more than once on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "FAST CASH" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $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. As an alternative method of claiming a "FAST CASH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

D. 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 "FAST CASH" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

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

2.7 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.

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.

Figure 3: GAME NO. 553 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 553 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. 553, 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-200501436

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 5, 2005


Instant Game Number 556 "Cash Win-Fall"

1.0 Name and Style of Game.

A. The name of Instant Game No. 556 is "CASH WIN-FALL". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 556 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 556.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, COIN SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $500, $1,000, $5,000 or $60,000

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. 556 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 556 - 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 Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

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

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

I. High-Tier Prize - A prize of $1,000, $5,000 or $60,000.

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 (556), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 75 within each pack. The format will be: 556-0000001-001.

L. Pack - A pack of "CASH WIN-FALL" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

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 "CASH WIN-FALL" Instant Game No. 556 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 "CASH WIN-FALL" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols the player wins the PRIZE shown for that number. If a player reveals a coin symbol the player wins the prize shown instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate Winning Numbers on a ticket.

C. No more than four like non-winning prize symbols on a ticket.

D. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "CASH WIN-FALL" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $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 "CASH WIN-FALL" Instant Game prize of $1,000, $5,000 or $60,000, 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 "CASH WIN-FALL" 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 Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 556. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 556 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 556 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. 556, 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-200501454

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 6, 2005


Instant Game Number 559 "Sapphire Blue 7's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 559 is "SAPPHIRE BLUE 7'S". The play style is "key symbol match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 559 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 559.

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, SAPPHIRE GEM SYMBOL, 8, 9, 10, 11, 12, 13, 14, 15, , $1.00, $2.00, $4.00, $10.00, $20.00, $50.00, $200, $1,000 or $21,000.

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. 559 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 559 - 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 Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $8.00, $10.00, $12.00 or $20.00.

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

I. High-Tier Prize - A prize of $1,000 or $21,000.

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 (559), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 559-0000001-001.

L. Pack - A pack of "SAPPHIRE BLUE 7'S" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 001 and 002 will be on the top page; tickets 003 and 004 on the next page; etc.; and tickets 249 and 250 will be on the last page. Please note the books will be in a A - B configuration.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SAPPHIRE BLUE 7'S" Instant Game No. 559 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 "SAPPHIRE BLUE 7'S" Instant Game is determined once the latex on the ticket is scratched off to expose 16 (sixteen) Play Symbols. If a player reveals a "7" play symbol the player wins PRIZE shown for that symbol. If a player reveals a sapphire gem play symbol the player wins DOUBLE the PRIZE shown for that symbol. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 16 (sixteen) 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 16 sixteen) 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 16 (sixteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 16 (sixteen) 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 more than one pair of non-winning prize symbols on a ticket.

C. No duplicate non-winning play symbols.

D. Every ticket will have a minimum of three and maximum of seven blue play symbols to prevent pick out.

E. The 7 (auto win) play symbol and gem (doubler) play symbol will only appear as dictated by the prize structure.

F. The gem (doubler) play symbol may only appear once on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "SAPPHIRE BLUE 7'S" Instant Game prize of $2.00, $4.00, $5.00, $8.00, $10.00, $12.00, $20.00, $50.00 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 $50.00 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 "SAPPHIRE BLUE 7'S" Instant Game prize of $1,000 or $21,000, 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 "SAPPHIRE BLUE 7'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "SAPPHIRE BLUE 7'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "SAPPHIRE BLUE 7'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 11,040,000 tickets in the Instant Game No. 559. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 559 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 559 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. 559, 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-200501455

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 6, 2005


Instant Game Number 565 "Power Sevens"

1.0 Name and Style of Game.

A. The name of Instant Game No. 565 is "POWER SEVENS". The play style is "key number match with tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 565 shall be $7.00 per ticket.

1.2 Definitions in Instant Game No. 565.

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, $5.00, $7.00, $10.00, $11.00, $20.00, $27.00, $50.00, $77.00, $100, $1,000, $7,000, $77,000, 7 SYMBOL, GOLD BAR SYMBOL, MONEY BAG SYMBOL, STACK OF BILLS SYMBOL, STAR SYMBOL, TAILS SYMBOL, HEADS SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, and 40.

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. 565 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 565 - 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 Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $7.00, $11.00, or $17.00.

H. Mid-Tier Prize - A prize of $27.00, $47.00, $77.00, $177 or $577.

I. High-Tier Prize - A prize of $7,000 or $77,000.

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 (565), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 75 within each pack. The format will be: 565-0000001-001.

L. Pack - A pack of "POWER SEVENS" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and the back of 075 while the other fold will show the back of ticket 001 and front of 075.

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 "POWER SEVENS" Instant Game No. 565 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 "POWER SEVENS" Instant Game is determined once the latex on the ticket is scratched off to expose 48 (forty-eight) Play Symbols. Game 1: If a player reveals three (3) matching amounts the player wins that amount. If a player reveals two (2) matching amounts and a "7" play symbol the player wins double the amount shown. Game 2: If a player matches any of YOUR SYMBOLS to the LUCKY SYMBOL, the player wins PRIZE shown for that symbol. If a player reveals a "7" play symbol, the player wins PRIZE shown for that symbol instantly. Game 3: If a player matches any of YOUR NUMBERS play symbols to any of the CASH NUMBERS play symbols, the player wins PRIZE shown for that number. If a player reveals a "7" play symbol, the player wins triple the PRIZE shown for that number.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 48 (forty-eight) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 48 (forty-eight) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 48 (forty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 48 (forty-eight) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. Game 1: No more than 2 pairs of like play symbols in this game.

C. Game 1: No four or more like play symbols in this game.

D. Game 1: The "7" doubler symbol may appear only once but may be used on both winning and non-winning games.

E. Game 1: When the "7" doubler symbol appears in a winning Game, there will be no more than two like play symbols in this game.

F. The $7 play symbol will only appear in this game when it is part of a win.

G. Game 2: No duplicate non-winning Your Symbols on a ticket.

H. Game 2: No duplicate non-winning prize symbols on a ticket in this game.

I. Game 2: The auto win symbol will appear according to the prize structure and will only appear once in this game.

J. Game 3: No duplicate Cash Numbers play symbols on a ticket.

K. Game 3: The "7" tripler symbol will only appear on winning tickets as dictated by the prize structure.

L. Game 3: No duplicate non-winning Your Number play symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "POWER SEVENS" Instant Game prize of $7.00, $11.00, $17.00, $27.00, $47.00, $77.00, $177 or $577, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $27.00, $47.00, $77.00, $177 or $577 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "POWER SEVENS" Instant Game prize of $7,000 or $77,000, 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 "POWER SEVENS" 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 Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000 tickets in the Instant Game No. 565. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 565 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 565 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. 565, 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-200501437

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 5, 2005


Instant Game Number 597 "Monthly Bonus"

1.0 Name and Style of Game.

A. The name of Instant Game No. 597 is "MONTHLY BONUS". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 597 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 597.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, DOLLAR BILL SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000, $10,000 and $20,000.

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

Figure 1: GAME NO. 597 - 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. 597 - 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 Serial Number is for validation purposes and cannot be used to play the game. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $5.00, $10.00, $12.00, $20.00 or $24.00.

H. Mid-Tier Prize - A prize of $50.00, $60.00 or $200.

I. High-Tier Prize - A prize of $2,000, $20,000 or $10,000/MO ($10,000 per month for 20 years).

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 (597), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 597-0000001-001.

L. Pack - A pack of "MONTHLY BONUS" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

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 "MONTHLY BONUS" Instant Game No. 597 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 "MONTHLY BONUS" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the LUCKY NUMBERS play symbols the player wins prize shown for that number. If a player reveals a dollar bill play symbol the player wins $10,000 per month for 20 years. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No more than one winner of $60 and higher per pack.

C. No duplicate non-winning Your Numbers on a ticket.

D. No duplicate Lucky Numbers on a ticket.

E. No more than four like non-winning prize symbols on a ticket.

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

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

H. The "dollar bill" and $10,000 prize symbol will only appear on intended winning tickets as dictated by the prize structure and will only appear with each other.

2.3 Procedure for Claiming Prizes.

A. To claim a "MONTHLY BONUS" Instant Game prize of $5.00, $10.00, $12.00, $20.00, $24.00, $50.00, $60.00 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 $50.00, $60.00 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 "MONTHLY BONUS" Instant Game prize of $2,000, $20,000 or $10,000/MO ($10,000 per month for 20 years), 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 "MONTHLY BONUS" 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. When claiming a "MONTHLY BONUS" Instant Game prize of $10,000 per month for 20 years, the claimant must choose one of two (2) payment options for receiving his prize:

1. Monthly via direct deposit to the winner’s account. With this plan, upon validation of the prize, a payment of $10,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made each month on the first business day of the month for a combined total of $120,000 per year. Monthly payments will be made for a period of 20 years or a total of 240 monthly payments to reach the total maximum payment of "$2,400, 000".

2. Annually via direct deposit to the winner’s account. With this plan, upon validation of the prize, a payment of $120,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made once a year on the first business day of the anniversary month of the claim. Annual payments will be made for a period of 20 years or a total of 20 annual to reach the total maximum payment of $2,400,000.

5. If a payment falls on a holiday or weekend, the payment will be made on the following business day.

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 597. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 597 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 597 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. 597, 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-200501438

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 5, 2005


Instant Game Number 599 "Bonus Break the Bank"

1.0 Name and Style of Game.

A. The name of Instant Game No. 599 is "BONUS BREAK THE BANK". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 599 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 599.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, STACK OF BILLS SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000, $7,500 or $75,000.

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

Figure 1: GAME NO. 599 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 599 - 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 Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

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

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

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

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 (599), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 599-0000001-001.

L. Pack - A pack of "BONUS BREAK THE BANK" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

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 "BONUS BREAK THE BANK" Instant Game No. 599 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "BONUS BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose 38 (thirty-eight) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the LUCKY NUMBERS play symbols within the same game the player wins prize indicated for that number. If a player reveals a money stack play symbol the player wins prize indicated automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 38 (thirty-eight) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 38 (thirty-eight) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 38 (thirty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 38 (thirty-eight) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers on a ticket.

C. No duplicate Lucky Numbers on a ticket.

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

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

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

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

H. No Your Number play symbol in one game will match a Lucky Number play symbol in the other game.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "BONUS BREAK THE BANK" Instant Game prize of $1,000, $7,500 or $75,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 599. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 599 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 599 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. 599, 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-200501439

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 5, 2005


Manufactured Housing Division

Notice of Public Hearing (Hearing Date: May 17, 2005)

Notice is hereby given of a public hearing to be held by the Manufactured Housing Division of the Texas Department of Housing and Community Affairs (the "Department") at 9:00 a.m. on Tuesday, May 17, 2005 at 507 Sabine Street, 4th Floor Boardroom, Austin, Texas 78701. The public hearing is to accept comments on proposed amendments to Title 10 Texas Administrative Code, Chapter 80 (West) ("Rules"), §80.201. The proposed rules are published in the April 15, 2005 issue of the Texas Register .

All interested parties are invited to attend such public hearing to express their views with respect to the proposed amendments to the manufactured housing rules. Questions or requests for additional information may be directed to Sharon S. Choate at the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, 507 Sabine Street, 10th Floor, Austin, Texas 78701, telephone (512) 475-2206, or email at sharon.choate@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Sharon S. Choate in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their comments in writing to Sharon S. Choate prior to the date scheduled for the hearing. Written comments may be sent to the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, P. O. Box 12489, Austin, Texas 78711-2489, faxed to (512) 475-4250, or emailed to sharon.choate@tdhca.state.tx.us.

This notice is published and the above described hearing is to be held in satisfaction of the requirements of the Texas Manufactured Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201 and Title 10 Texas Administrative Code (West).

Individuals who require auxiliary aids for this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1 (800) 735-2989 at least two days prior to the meeting so that appropriate arrangements can be made.

TRD-200501386

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: April 4, 2005


North Central Texas Council of Governments

Request for Proposals to Conduct Thoroughfare Assessment Program in the Dallas-Fort Worth Metropolitan Area

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

The North Central Texas Council of Governments (NCTCOG) is requesting written proposals to conduct Thoroughfare Assessment Program in the Dallas-Fort Worth Metropolitan Area. The Program will maximize the capacity of the existing arterial system by implementing low-cost capital improvements on selected thoroughfares. The selected consultant (s) will implement a Thoroughfare Assessment Program to audit selected thoroughfares, assess operational characteristics, and develop and implement recommended improvements. Engineering services will be required as part of this project and multiple consultant firms may be selected to perform the required tasks. The selected consultant (s) shall establish a detailed data collection plan to cover approximately 260 locations. The data collection for the baseline analysis needs to include an assessment of operational characteristics. The selected consultant (s) should identify specific methodology and procedures to analyze the baseline conditions. Types of assessment may include, but are not limited to, review of existing timing plans, adjustments to count data, development of traffic signal timing optimization models, determination of hardware upgrades, and recommendations of low-cost operational improvements.

Due Date

Proposals must be received no later than 5 p.m. Central Daylight Time on Friday, May 20, 2005, to Natalie Bettger, Principal Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the Request for Proposals, contact Therese Bergeon, at (817) 695-9267. Questions concerning the Instructions For Proposals or the Scope of Services should be submitted to Ken Kirkpatrick, Senior Program Manager, by email at kkirkpatrick@nctcog.org by Monday, April 25, 2005. A Pre-Proposal Conference will be held on Monday, May 2, 2005, at 10 a.m. at the NCTCOG offices to provide an overview and answer questions regarding the RFP.

Contract Award Procedures

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

Regulations

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

TRD-200501456

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: April 6, 2005


Public Utility Commission of Texas

Notice of Application for Amendment to Certificated Service Area Boundary

Notice is given to the public of an application filed on March 31, 2005, with the Public Utility Commission of Texas, for an amendment to a certificated service area boundary.

Docket Style and Number: Application of Southwestern Bell Telephone, L.P. d/b/a SBC Texas to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundaries of the Round Rock Zone of the Austin Metropolitan Exchange (SBC Texas) and the Hutto Exchange (Sprint). Docket Number 30962.

The Application: The minor boundary amendment is being requested to realign the serving area boundaries between the Hutto and Round Rock exchanges to reflect the way the boundary is currently being administered. There will be no changes in service, rates, or telephone numbers for existing customers. Sprint has provided a letter of concurrence for the proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by April 25, 2005, by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 30962.

TRD-200501452

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 6, 2005


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 25, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of InnerCity FiberNet, LLC for a Service Provider Certificate of Operating Authority, Docket Number 30923 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, HDSL, SDSL, VDSL, Optical Services, T1-Private Line, long distance, DS3, Ethernet, Fast Ethernet, GigE, and Internet Transit.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 20, 2005. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30923.

TRD-200501360

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 2005


Notice of Application to Relinquish a Service Provider Certificate of Operating Authority

On March 25, 2005, Dynamic Cable Construction, Incorporated filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60343. Applicant intends to relinquish its certificate.

The Application: Application of Dynamic Cable Construction, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 30922.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 20, 2005. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30922.

TRD-200501358

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 2005


Notice of Application to Relinquish a Service Provider Certificate of Operating Authority

On March 28, 2005, Texas Am-Tel I, LP filed an application with the Public Utility Commission of Texas (Commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60483. Applicant intends to relinquish its certificate.

The Application: Application of Texas Am-Tel I, LP to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 30924.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 20, 2005. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30924.

TRD-200501359

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 2005


Notice of Application to Relinquish a Service Provider Certificate of Operating Authority

On March 31, 2005, Madison River Communications, L.L.C. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60371. Applicant intends to relinquish its certificate.

The Application: Application of Madison River Communications, L.L.C. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 30961.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 20, 2005. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30961.

TRD-200501451

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 6, 2005


Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing on March 30, 2005, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on or around April 22, 2005.

Docket Title and Number: Central Telephone Company of Texas, Incorporated, doing business as Sprint Application for Approval of LRIC Study to Introduce Private Switch Database Service (PS/ALI) and Reverse Notification Telephone Number Database Service Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 30936.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 30936. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30936.

TRD-200501368

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 31, 2005


Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing on March 30, 2005, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on or around April 22, 2005.

Docket Title and Number: United Telephone Company of Texas, Incorporated doing business as Sprint Application for Approval of LRIC Study to Introduce Private Switch Database Service (PS/ALI) and Reverse Notification Telephone Number Database Service Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 30937.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 30937. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30937.

TRD-200501369

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 31, 2005


Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing on March 30, 2005, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on or around April 21, 2005.

Docket Title and Number: United Telephone Company of Texas, Incorporated, doing business as Sprint Application for Approval of LRIC Study to Introduce Economy Bundle II A Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 30938.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 30938. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30938.

TRD-200501370

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 31, 2005


Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing on March 30, 2005, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on or around April 21, 2005.

Docket Title and Number: Central Telephone Company of Texas, Incorporated, doing business as Sprint Application for Approval of LRIC Study to Introduce Economy Bundle II A Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 30939.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 30939. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30939.

TRD-200501371

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 31, 2005


Petition of Billie B. Mosites for a Declaratory Order Enforcing the Order of the Public Utility Commission of Texas Granting Brazos Electric Cooperative, Inc. a Certificate of Convenience and Necessity for a 138-kV Transmission Line in Hood and Parker Counties

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) a petition on March 30, 2005, for a declaratory order.

Docket Style and Number: Petition of Billie B. Mosites for a Declaratory Order Enforcing the Order of the Public Utility Commission of Texas Granting Brazos Electric Cooperative, Incorporated a Certificate of Convenience and Necessity for a 138-kV Transmission Line in Hood and Parker Counties, Docket Number 30945.

The Application: Petitioner requests that the commission (1) declare the rights and obligations established in the commission's Order in Docket Number 28254 with regard to Petitioner's property; (2) clarify any inconsistencies in its Order of August 24, 2004; (3) order Brazos to cease and desist in its effort to enter Petitioner's property for the ultimate purpose of constructing a transmission line along a route never approved by the commission; and (4) order Brazos to comply with the transmission line route modifications requested by Petitioner and approved in the commission's Order in Docket Number 28254 on August 24, 2004.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 30945.

TRD-200501384

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 1, 2005


Texas A&M University, Board of Regents

Professional Services Contract Award

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, The Texas A&M University System furnishes this notice of professional services contract award. The company will provide workers' compensation medical bill audit and medical claims management services for The Texas A&M University System. The request for proposal was filed in the October 22, 2004 issue of the Texas Register (29 TexReg 9938).

The contract was awarded to Starr Comprehensive Solutions, Inc., 7035 W. Tidwell, Suite J-107, Houston, Texas 77092 (P.O. Box 801464, Houston, Texas 77280-1464) for $150,000 annually.

The beginning date of the contract is March 23, 2005 and the ending date is March 23, 2008. All services are provided on an ongoing, as-needed basis.

Please call Kevin P. McGinnis, Director of Risk Management, The Texas A&M University System, (979) 458-6330 if you have questions or need further information.

TRD-200501422

Vickie Burt Spillers

Executive Secretary to the Board

Texas A&M University, Board of Regents

Filed: April 5, 2005


Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, §6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

City of Point, P.O. Box 331, Point, Texas 75471-0331, received January 20, 2005, application for financial assistance in the amount of $1,370,000 from the Clean Water State Revolving Fund.

Aquilla Water Supply Corporation, P.O. Box 959, Hillsboro, Texas 76645, received February 1, 2005, application for financial assistance in the total amount of $6,730,000 from the Texas Water Development Funds and Rural Water Assistance Fund.

City of Marlin, 100 Fortune Street, P.O. Box 980, Marlin, Texas 76661-0980, received December 20, 2004, application for financial assistance in the total amount of $14,855,000 from the Clean Water State Revolving Fund - Disadvantaged Community Program and the Drinking Water State Revolving Fund - Disadvantaged Community Program.

Lower Neches Valley Authority, P.O. Box 5117, Beaumont, Texas 77726-5117, received January 28, 2005, application for financial assistance in the amount of $200,000 from the Agricultural Water Conservation Fund.

Sandy Land Underground Water Conservation, P.O. Box 130, Plains, Texas 79355, received February 14, 2005, application for financial assistance in the amount of $41,093 from the Agricultural Water Conservation Fund.

Tule Creek Soil and Water Conservation District No. 110, 215 NW 2nd Street, Tulia, Texas 79088, received January 31, 2005, application for financial assistance in the amount of $1,050 from the Agricultural Water Conservation Fund.

Clear Fork Groundwater Conservation District, P.O. Box 369, Ruby, Texas 79543, received February 14, 2005, application for financial assistance in the amount of $8,106 from the Agricultural Water Conservation Fund.

Coastal Bend Groundwater Conservation District, P.O. Box 341, Harton, Texas 77488, received February 8, 2005, application for financial assistance in the amount of $50,000 from the Agricultural Water Conservation Fund.

Post Oak Savannah Ground Water Conservation District, P.O. Box 92, Milano, Texas 76556, received February 14, 2005, application for financial assistance in the amount of $6,562 from the Agricultural Water Conservation Fund.

Pecan Bayou Soil and Water Conservation District, P.O. Box 562, Brownwood, Texas 76804, received February 11, 2005, application for financial assistance in the amount of $39,750 from the Agricultural Water Conservation Fund.

Uvalde County Underground Water Conservation District, P.O. Box 1419, Uvalde, Texas 78802-1410, received February 11, 2005, application for financial assistance in the amount of $60,000 from the Agricultural Water Conservation Fund.

Wintergarden Ground Water Conservation District, P.O. Box 1433, Carrizo Springs, Texas 78834, received February 11, 2005, application for financial assistance in the amount of $54,000 from the Agricultural Water Conservation Fund.

Adams Garden Irrigation District No. 19, P.O. Box 148, Harlingen, Texas 78551, received February 14, 2005, application for financial assistance in the amount of $50,000 from the Agricultural Water Conservation Fund.

Delta Lake Irrigation District, Route 1 Box 225, Edcouch, Texas 78538, received February 14, 2005, application for financial assistance in the amount of $50,000 from the Agricultural Water Conservation Fund.

El Paso Water Improvement District No. 1,294 Candelaria, El Paso, Texas 79907-5599, received February 14, 2005, application for financial assistance in the amount of $50,000 from the Agricultural Water Conservation Fund.

Hudspeth County Conservation and Reclamation District No. 1, P.O. Box 125, Fort Hancock, Texas 79839, received February 14, 2005, application for financial assistance in the amount of $50,000 from the Agricultural Water Conservation Fund.

Hudspeth County Underground Water Conservation District No. 1, P.O. Box 212, Dell City, Texas 79837, received February 14, 2005, application for financial assistance in the amount of $50,000 from the Agricultural Water Conservation Fund.

Texas Agricultural Extension Service, Jack K. Williams Administration Building, Room 113, College Station, Texas 77843-2142, received February 9, 2005, application for financial assistance in the amount of $45,000 from the Agricultural Water Conservation Fund.

Texas Agricultural Extension Service, Jack K. Williams Administration Building, Room 113, College Station, Texas 77843-2142, received February 8, 2005, application for financial assistance in the amount of $85,265 from the Agricultural Water Conservation Fund.

Texas Agricultural Extension Service, Jack K. Williams Administration Building, Room 113, College Station, Texas 77843-2142, received February 14, 2005, application for financial assistance in the amount of $150,000 from the Agricultural Water Conservation Fund.

Texas Cooperative Extension, 6500 Amarillo Blvd., West Amarillo, Texas 79106, received February 14, 2005, application for financial assistance in the amount of $100,000 from the Agricultural Water Conservation Fund.

Texas State Soil and Water Conservation Board, P.O. Box 658, Temple, Texas 76503, received February 14, 2005, application for financial assistance in the amount of $100,000 from the Agricultural Water Conservation Fund.

TRD-200501453

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: April 6, 2005


The University of Texas System

Request for Proposal - Consulting Services

The University of Texas-Pan American (the "University") requests, pursuant to Texas Government Code 2254.029, the submission of proposals leading to the award of a contract for consulting services. The University is located in the Lower Rio Grande Valley and covers about 187 acres in Edinburg, Texas, the Hidalgo County seat with a population of about 32,000.

The University is looking for a Proposer to provide the assistance the University requires to review and assess the current compensation and classification program for approximately 200 classified and non-classified jobs, including faculty positions.

The University's President made a finding that the Consulting Services are necessary. While the University has a substantial need for the Consulting Services, the University does not currently have staff with expertise or experience with the Consulting Services and the University cannot obtain such Consulting Services through a contract with another state governmental entity.

An award for the services will be following a procedure using competitive sealed proposals based on the following evaluation criteria:

1. The Proposer's demonstrated competence, knowledge and experience in conducting numerous compensation surveys across industry groups, especially higher education & compensation program design and development for both the public and private sector. Experience must include development, implementation, and communication of salary grade structures. Proposer must demonstrate possession of sufficient market pricing resources including data processing capabilities or information systems to appropriately evaluate the full range of University positions.

2. The qualifications, education and experience of the Proposer's team members that will actually conduct and supervises the consulting services to be provided to the University.

3. The number of team members dedicated to the project, resources available, and ability to deliver within the time frame prescribed.

4. The overall cost to the University for the services to be performed by the Proposer.

5. Proposer's approach to perform the consulting services.

6. Completeness and quality of Proper's responses to the requests for information and questions contained in Appendix One of the RFP, and demonstrated development, performance, completion, implementation and communication of salary compensation models in a higher education setting.

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

Norma Dryer

Contracts Coordinator

The University of Texas-Pan American

1201 W. University Dr.

Edinburg, TX 78541

Voice: (956) 381-2160

Email:dryern@utpa.edu

The proposal submission deadline will be April 29, 2005 at 3:00 pm Central Prevailing Time.

TRD-200501457

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: April 6, 2005


Request for Proposal - Consulting Services

The United States Department of Energy (DOE) announced an intent to seek competitive bids for the contract to manage the Los Alamos National Laboratory when that contract expires in 2005 and has recently issued a revised draft Request for Proposals. In January 2002, the University of Texas System (U. T. System), secured the consulting services of Kelly, Anderson and Associates, Inc. to advise it on DOE procurement procedures, procedures for the selection of potential industrial partners, and the process required for preparation of a bid package that would be responsive to a DOE Invitation to Bid on a National Laboratory management contract.

Pursuant to a contract with U. T. System; Kelly, Anderson and Associates, Inc. is currently providing such consulting services to the System. At this time, it is necessary to amend the contract between U. T. System and Kelly, Anderson and Associates, Inc.

As required by the provisions of Texas Government Code , Chapter 2254, prior to amending its contract with Kelly, Anderson and Associates, Inc., U. T. System extends this invitation to qualified and experienced consultants interested in providing the consulting services described in this invitation. Unless a better offer (as determined by U. T. System) is received in response to this invitation, U. T. System intends to enter into negotiations with Kelly, Anderson and Associates, Inc., to amend U. T. System's contract with Kelly, Anderson and Associates, Inc.

Scope of Work:

The successful consultant shall provide advice and assistance regarding DOE procurement procedures and competition for the Los Alamos National Laboratory management contract.

Finding of Fact:

The Chancellor of U. T. System has made a finding that the consulting services are necessary. U. T. System does not currently have staff with expertise in Los Alamos National Laboratory contract issues, DOE procurement procedures or expertise in how to assemble a competitive DOE bid to manage a national laboratory.

Specifications:

Any consultant submitting an offer in response to this Invitation must provide the following: (1) consultant's legal name, including type of entity (individual, partnership, corporation, etc.), and address; (2) background information regarding the consultant, including the number of years in business and the number of employees; (3) information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services; (4) the hourly rate to be charged for each team member providing services; (5) the earliest date by which the consultant could begin providing the services; (6) a list of five client references, including any complex institutions or systems of higher education for which consultant has provided consulting services; (7) a statement of consultant's approach to the project (i.e., the services described in the Scope of Work section of this Invitation), any unique benefits consultant offers U. T. System, and any other information consultant desires U. T. System to consider in connection with consultant's offer; (8) information to assist U. T. System in assessing consultant's demonstrated competence and experience providing consulting services similar to the services requested in this Invitation; (9) information to assist U. T. System in assessing the consultant's knowledge of Los Alamos National Laboratory contract issues, DOE procurement processes and strategies for competitive bidding for a national laboratory contract; and (10) information to assist U. T. System in assessing whether the consultant will have any conflicts of interest in performing the requested services.

Selection Process:

Selection of the Successful Offer (defined as follows) submitted in response to this Invitation by the Submittal Deadline (defined as follows) will be made using the competitive process described as follows. After the opening of the offers and upon completion of the initial review and evaluation of the offers submitted, selected consultants may be invited to participate in oral presentations. U. T. System, on the basis of the offers initially submitted, without discussion, clarification or modification, may make the selection of the Successful Offer. In the alternative, U. T. System on the basis of negotiation may make selection of the Successful Offer with any of the consultants. At U. T. System's sole option and discretion, it may discuss and negotiate all elements of the offers submitted by selected consultants within a specified competitive range. For purposes of negotiation, a competitive range of acceptable or potentially acceptable offers may be established comprising the highest rated offers. U. T. System will provide each consultant within the competitive range with an equal opportunity for discussion and revision of its offer. U. T. System will not disclose any information derived from the offers submitted by competing consultants in conducting such discussions. Further action on offers not included within the competitive range will be deferred pending the selection of the Successful Offer; however, U. T. System reserves the right to include additional offers in the competitive range if deemed to be in its best interest. After the submission of offers but before final selection of the Successful Offer is made, U. T. System may permit a consultant to revise its offer in order to obtain the consultant's best final offer. U. T. System is not bound to accept the lowest priced offer if that offer is not in its best interest, as determined by U. T. System. U. T. System reserves the right to (a) enter into agreements or other contractual arrangements for all or any portion of the Scope of Work set forth in this Invitation with one or more consultants, (b) reject any and all offers and re-solicit offers or (c) reject any and all offers and temporarily or permanently abandon this procurement, if deemed to be in the best interest of U. T. System.

Criteria for Selection:

The Successful Offer will be the offer submitted in response to this Invitation by the Submittal Deadline that is the most advantageous to U. T. System, considering price and the evaluation factors established by U. T. System. U. T. System personnel will evaluate offers. The evaluation of offers and the selection of the Successful Offer will be based on the information provided to U. T. System by the consultant in response to the Specifications section of this Invitation. Consideration may also be given to any additional information and comments if such information or comments increase the benefits to U. T. System.

How To Respond; Submittal Deadline:

All offers must contain the information requested in the Specifications section of this Invitation and be received no later than 5:00 p.m., C.S.T., Friday, May 6, 2005. Submissions received after the deadline will not be considered. Offers must be submitted to Dr. Charles A. Sorber, The University of Texas System, 601 Colorado St., Austin, Texas 78701.

Questions:

Questions concerning this invitation and all offers in response to this request should be directed to Dr. Charles A. Sorber, The University of Texas System, Austin, Texas 78701, 512/499-3776, CSorber@utsystem.edu.

TRD-200501458

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: April 6, 2005


Request for Proposal - Consulting Services

The University of Texas at Austin requests, pursuant to the provisions of the Texas Government Code , Chapter 2254.029, the submission of proposals leading to the award of a contract for Consulting Services. The University's objective is to contract for Consulting Services to assist the University in a thorough analysis of the "Funding of the Campus-wide Development Operation."

The conclusion of a major capital campaign represents a critical moment in the history of any major university development program. If this post-campaign period is managed well and resources are appropriately organized, the university should be able to maintain or even exceed its campaign annual fundraising totals. An assessment can provide a roadmap for the President and for new advancement leadership. An assessment can set a framework for a new round of fundraising priority setting and provide a context for post-campaign fundraising goals and activity. The assessment should also incorporate information on other major research institutions that have completed similar capital campaigns.

An award for the services specified herein will be made following a procedure using competitive sealed proposals.

Proposals will be opened publicly to identify the names of the RESPONDENTS, but will be afforded security sufficient to preclude disclosure of the contents of the proposal, including prices or other information, prior to award. After opening, an award may be made on the basis of the proposals initially submitted, without discussion, clarification, or modification, or on the basis of negotiation with any of the RESPONDENTS or, at UNIVERSITY'S sole option and discretion, UNIVERSITY may discuss or negotiate all elements of the proposal with selected RESPONDENTS which represent a competitive range of proposals. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest rated proposal(s). After the submission of a proposal but before making an award, UNIVERSITY may permit the offeror to revise the proposal in order to obtain the best final offer. UNIVERSITY may not disclose any information derived from the proposals submitted from competing offers in conducting such discussions. UNIVERSITY will provide each offeror with an equal opportunity for discussion and revision of proposals. Further action on proposals not included in the competitive range will be deferred pending an award, but UNIVERSITY reserves the right to include additional proposals in the competitive range if deemed in the best interest of UNIVERSITY. UNIVERSITY reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request, award multiple Contracts, or to reject any and all proposals if deemed to be in the best interests of UNIVERSITY and to re-solicit for proposals, or to reject any and all proposals if deemed to be in the best interests of UNIVERSITY and to temporarily or permanently abandon the procurement. If UNIVERSITY awards a contract, it will award the contract to the offeror whose proposal is the most advantageous to UNIVERSITY, considering price and the evaluation factors set forth in this RFP. The contract file must state in writing the basis upon which the award is made.

Interested parties may contact Floyd Self at The University of Texas at Austin Purchasing Office for a copy of the RFP document by email at fself@mail.utexas.edu; telephone (512) 471-4266. An original and five (5) copies of the proposal must be submitted by the Proposal submission deadline of May 10, 2005 at 2:30 P.M., Central Standard Daylight Time, Austin Texas to Mr. Floyd Self, The University of Texas at Austin, Purchasing Office, 2200 Comal Street, Austin TX 78722

TRD-200501459

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: April 6, 2005


Texas Workers' Compensation Commission

Invitation to Apply to the Medical Advisory Committee (MAC)

The Texas Workers' Compensation Commission seeks to have a diverse representation on the MAC and invites all qualified individuals from all regions of Texas to apply for openings on the MAC in accordance with the eligibility requirements of the Procedures and Standards for the Medical Advisory Committee. The Medical Review Division is currently accepting applications for the following Medical Advisory Committee vacancies:

Primary

* Dentist

* Employer

* General Public 1

Alternate

* Public Health Care Facility Representative

* Dentist

* Pharmacist,

* Employer

* General Public 1

* Insurance Carrier

Commissioners for the Texas Workers' Compensation Commission appoint the Medical Advisory Committee members who are composed of 18 primary and 18 alternate members representing health care providers, employees, employers, insurance carriers, and the general public. Primary members are required to attend all Medical Advisory Committee meetings, subcommittee meetings, and work group meetings to which they are appointed. The alternate member may attend all meetings, however during a primary member's absence, the alternate member must attend all meetings to which the primary member is appointed. Requirements and responsibilities of members are established in the Procedures and Standards for the Medical Advisory Committee as adopted by the Commission.

The Medical Advisory Committee meetings must be held at least quarterly each fiscal year during regular Commission working hours. Members are not reimbursed for travel, per diem, or other expenses associated with Committee activities and meetings.

The purpose and task of the Medical Advisory Committee, which includes advising the Commission's Medical Review Division on the development and administration of medical policies, rules and guidelines, are outlined in the Texas Workers' Compensation Act, §413.005.

Applications and other relevant Medical Advisory Committee information may be viewed and downloaded from the Commission's website at http://www.twcc.state.tx.us and then clicking on Calendar of Commission Meetings, Medical Advisory Committee. Applications may also be obtained by calling Jane McChesney, MAC Coordinator, at 512-804-4855 or R. L. Shipe, Director, Medical Review, at 512-804-4802.

The qualifications as well as the terms of appointment for all positions are listed in the Procedures and Standards for the Medical Advisory Committee. These Procedures and Standards are as follows:

LEGAL AUTHORITY. The Medical Advisory Committee for the Texas Workers' Compensation Commission, Medical Review Division is established under the Texas Workers' Compensation Act, (the Act) §413.005.

PURPOSE AND ROLE. The purpose of the Medical Advisory Committee (MAC) is to bring together representatives of health care specialties and representatives of labor, business, insurance and the general public to advise the Medical Review Division in developing and administering the medical policies, fee guidelines, and the utilization guidelines established under §413.011 of the Act.

COMPOSITION Membership. The composition of the committee is governed by the Act, as it may be amended. Members of the committee are appointed by the Commissioners and must be knowledgeable and qualified regarding work-related injuries and diseases.

Members of the committee shall represent specific health care provider groups and other groups or interests as required by the Act, as it may be amended. As of September 1, 2001, these members include a public health care facility, a private health care facility, a doctor of medicine, a doctor of osteopathic medicine, a chiropractor, a dentist, a physical therapist, a podiatrist, an occupational therapist, a medical equipment supplier, a registered nurse, and an acupuncturist. Appointees must have at least six (6) years of professional experience in the medical profession they are representing and engage in an active practice in their field.

The Commissioners shall also appoint the other members of the committee as required by the Act, as it may be amended. An insurance carrier representative may be employed by: an insurance company; a certified self-insurer for workers' compensation insurance; or a governmental entity that self-insures, either individually or collectively. An insurance carrier member may be a medical director for the carrier but may not be a utilization review agent or a third party administrator for the carrier.

A health care provider member, or a business the member is associated with, may not derive more than 40% of its revenues from workers compensation patients. This fact must be certified in their application to the MAC.

The representative of employers, representative of employees, and representatives of the general public shall not hold a license in the health care field and may not derive their income directly from the provision of health care services.

The Commissioners may appoint one alternate representative for each primary member appointed to the MAC, each of whom shall meet the qualifications of an appointed member.

Terms of Appointment: Members serve at the pleasure of the Commissioners, and individuals are required to submit the appropriate application form and documents for the position. The term of appointment for any primary or alternate member will be two years, except for unusual circumstances (such as a resignation, abandonment or removal from the position prior to the termination date) or unless otherwise directed by the Commissioners. A member may serve a maximum of two terms as a primary, alternate or a combination of primary and alternate member. Terms of appointment will terminate August 31 of the second year following appointment to the position, except for those positions that were initially created with a three-year term. For those members who are appointed to serve a part of a term that lasts six (6) months or less, this partial appointment will not count as a full term.

Abandonment will be deemed to occur if any primary member is absent from more than two (2) consecutive meetings without an excuse accepted by the Medical Review Division Director. Abandonment will be deemed to occur if any alternate member is absent from more than two (2) consecutive meetings which the alternate is required to attend because of the primary member's absence without an excuse accepted by the Medical Review Division Director.

The Commission will stagger the August 31st end dates of the terms of appointment between odd and even numbered years to provide sufficient continuity on the MAC.

In the case of a vacancy, the Commissioners will appoint an individual who meets the qualifications for the position to fill the vacancy. The Commissioners may re-appoint the same individual to fill either a primary or alternate position as long as the term limit is not exceeded. Due to the absence of other qualified, acceptable candidates, the Commissioners may grant an exception to its membership criteria, which are not required by statute.

RESPONSIBILITY OF MAC MEMBERS Primary Members. Make recommendations on medical issues as required by the Medical Review Division.

Attend the MAC meetings, subcommittee meetings, and work group meetings to which they are appointed.

Ensure attendance by the alternate member at meetings when the primary member cannot attend.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies.

Alternate Members. Attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed during the primary member's absence.

Maintain knowledge of MAC proceedings.

Make recommendations on medical issues as requested by the Medical Review Division when the primary member is absent at a MAC meeting.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies when the primary member is absent from a MAC meeting.

Committee Officers. The chairman of the MAC is designated by the Commissioners. The MAC will elect a vice chairman. A member shall be nominated and elected as vice chairman when he/she receives a majority of the votes from the membership in attendance at a meeting at which nine (9) or more primary or alternate members are present.

Responsibilities of the Chairman. Preside at MAC meetings and ensure the orderly and efficient consideration of matters requested by the Medical Review Division.

Prior to a MAC meeting confer with the Medical Review Division Director, and when appropriate, the TWCC Executive Director to receive information and coordinate:

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

If requested by the Commission, appear before the Commissioners to report on MAC meetings.

COMMITTEE SUPPORT STAFF. The Director of Medical Review will provide coordination and reasonable support for all MAC activities. In addition, the Director will serve as a liaison between the MAC and the Medical Review Division staff of TWCC, and other Commission staff if necessary.

The Medical Review Director will coordinate and provide direction for the following activities of the MAC and its subcommittees and work groups:

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

Maintaining tracking reports of actions taken and issues addressed by the MAC.

Maintaining attendance records.

SUBCOMMITTEES. The chairman shall appoint the members of a subcommittee from the membership of the MAC. If other expertise is needed to support subcommittees, the Commissioners or the Director of Medical Review may appoint appropriate individuals.

WORK GROUPS. When deemed necessary by the Director of Medical Review or the Commissioners, work groups will be formed by the Director. At least one member of the work group must also be a member of the MAC.

WORK PRODUCT. No member of the MAC, a subcommittee, or a work group may claim or is entitled to an intellectual property right in work performed by the MAC, a subcommittee, or a work group.

MEETINGS Frequency of Meetings. Regular meetings of the MAC shall be held at least quarterly each fiscal year during regular Commission working hours.

CONDUCT AS A MAC MEMBER. Special trust has been placed in members of the Medical Advisory Committee. Members act and serve on behalf of the disciplines and segments of the community they represent and provide valuable advice to the Medical Review Division and the Commission. Members, including alternate members, shall observe the following conduct code and will be required to sign a statement attesting to that intent.

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

Conduct themselves at all times in a manner that promotes cooperation and effective discussion of issues among MAC members;

Accurately represent their affiliations and notify the MAC chairman and Medical Review Director of changes in their affiliation status;

Not use their memberships on the MAC: a. in advertising to promote themselves or their business. b. to gain financial advantage either for themselves or for those they represent; however, members may list MAC membership in their resumes;

Provide accurate information to the Medical Review Division and the Commission;

Consider the goals and standards of the workers' compensation system as a whole in advising the Commission;

Explain, in concise and understandable terms, their positions and/or recommendations together with any supporting facts and the sources of those facts;

Strive to attend all meetings and provide as much advance notice to the Texas Workers' Compensation Commission staff, attn: Medical Review Director, as soon as possible if they will not be able to attend a meeting; and

Conduct themselves in accordance with the MAC Procedures and Standards, the standards of conduct required by their profession, and the guidance provided by the Commissioners, Medical Review Division or other TWCC staff.

TRD-200501421

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 5, 2005