Texas Department of Agriculture

Cotton Administrative Penalty Matrix

The Texas Agriculture Code (the "Code") §12.020 confers administrative authority on the Texas Department of Agriculture (the department) to assess administrative penalties against any person who violates provisions of Chapter 74 of the Code or a rule adopted pursuant to Chapter 74. The department has implemented new and stricter enforcement procedures to increase the effectiveness of the cotton stalk destruction program and advance boll weevil eradication in the state. The department hereby amends the cotton administrative penalty matrix published in the August 22, 2003, issue of the Texas Register (28 TexReg 6973). These changes to the penalty matrix, which were developed from input by Cotton Producer Advisory Committees across the state: (1) make the penalty matrix consistent with 4 Texas Administrative Code (TAC) §20.22; and (2) eliminate the seven day grace period for producers who have received at least one Notice of Noncompliance (NNC) or warning letter and/or Notice of Violation (NOV) for having failed to comply with the applicable cotton stalk destruction deadline in any of the previous three years.

Four factors are to be considered when assessing administrative penalties: (1) the fruiting status of the cotton plants; (2) the number of days the field has been out of compliance; (3) the number of acres out of compliance; and (4) any efforts by the cotton producer to comply with the destruction deadline. These factors were developed in accordance with §12.020(d) of the Code and with consideration of the purpose and function of the cotton stalk destruction program. Since boll weevil and pink bollworm development occurs inside fruiting structures, the department considers a field that has cotton plants with fruiting structures to pose a greater hazard than does one with no fruiting structures. Additionally, the longer a field is left undestroyed and the more acres that are not in compliance, the greater the probability that boll weevils and pink bollworms will enter diapause. Diapausing insects represent a threat the following season, not only to cotton in the noncompliant field, but also to cotton in neighboring fields.

COTTON PENALTY FORMULA

A penalty for failure to destroy cotton plants in accordance with the destruction requirements for the applicable zone by the appropriate destruction deadline will be calculated using the following formula: the penalty will consist of a base amount of $250 plus an adjustable amount of $0.50 per acre per day of noncompliance. Assessment of a penalty will not be mitigated by wet field conditions.

Calculation of the number of days a field is out of compliance will be based on the method of destruction required in 4 TAC §20.22 for the particular pest management zone (zone) and on the status of the cotton plants. For violations involving undestroyed standing stalks, days will be counted from the day following the destruction deadline; for volunteer cotton and regrowth, days will be counted beginning with the date of the first inspection when the field was found to be noncompliant.

If a field in any zone is brought into compliance within seven days of the date of notification by the department, no penalty will be assessed unless the producer has been issued a NNC or a warning letter, or a NOV in any of the previous three years, in which case an unadjustable $250 base penalty will be assessed for each field found to be noncompliant. To the extent that the cotton producer brings a portion of the total acreage into compliance after initial inspection, or if the cotton producer has applied a properly labeled herbicide to comply with destruction requirements, the department may reduce the adjustable portion of a penalty up to 50%.

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

This penalty matrix is effective immediately upon publication in the Texas Register .

TRD-200503221

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: August 3, 2005

Agreed Final Judgment

The State of Texas gives notice of the proposed resolution of a cost recovery action in connection with the Baldwin Waste Oil Site in Robstown, Nueces County, Texas (the "Site"). Pursuant to Section 7.110 of the Texas Water Code, prior to presenting a settlement agreement to the Court for approval, the State is required to offer public an opportunity to comment in writing on the proposed settlement. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed settlement if comments disclose facts or considerations that indicate that the settlement is inappropriate, improper, inadequate, or inconsistent with statutory requirements.

Case Title and Court: SGS Control Services, Inc., Caleb Brett USA, Inc., and Saybolt Inc. v. Texas Natural Recourse Conservation Commission , Cause No. GN000914, in the 353rd Judicial District Court, Travis County, Texas.

Nature of Suit: On February 29, 2000, the Texas Natural Recourse Conservation Commission ("Commission") issued the Order pursuant to the Texas Health & Safety Code §361.188 and §361.272 finding SGS Control Services, Inc., Caleb Brett USA, Inc., and Saybolt Inc. (collectively, the "Settling Parties") and others responsible for hazardous waste at the Baldwin Waste Oil Site. The Order required the Settling Parties and others to remediate the Site and to reimburse the Commission for its response costs. The Settling Parties and others appealed the Order. The Commission proceeded with the Site cleanup and sought to recover its response costs and attorney's fees. The Commission determined that the Settling Parties are de minimus parties, meaning that Settling Parties contributed only a very small amount of hazardous waste to the Site.

Proposed Agreed Judgment: The proposed partial agreed judgment awards the Commission $52,500 in response costs and the Office of the Attorney General $7,500 in attorney's fees for a total of $60,000.

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

For information regarding this publication, contact A.G. Younger, Agency Liaison, at (512) 463-2110.

TRD-200503191

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: August 1, 2005

Request for Proposals

The Texas Building and Procurement Commission (TBPC), on behalf of the Health and Human Services Commission (HHSC), announces the issuance of Request for Proposals (RFP) #303-5-11359 . TBPC seeks a 3 year lease of approximately 2,326 square feet of office space in the Lampasas area, Lampasas County, Texas.

The deadline for questions is August 18, 2005, and the deadline for proposals is August 23, 2005 at 3:00 P.M. The award date is September 15, 2005. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Kenneth Ming at (512) 463-2743. A copy of the revised RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=60356.

TRD-200503213

Kenneth Ming

Purchaser

Texas Building and Procurement Commission

Filed: August 3, 2005

Notice of Availability

The Central Texas Regional Mobility Authority (CTRMA), a political subdivision, is soliciting statements of interest and qualifications from firms interested in providing general systems consultant services. The firm will be responsible for providing the CTRMA with technical assistance and advice to ensure that the toll collection system for CTRMA-operated toll roads is delivered and operated by the toll systems integrator according to the Toll Systems Implementation and Maintenance Services Agreement, submitted system design documents, toll industry best practices, and applicable CTRMA standards. Firms submitting qualifications must be experienced in the development, management, and oversight of toll/revenue collection and accounting systems and transaction based processing systems.

A general systems consultant services qualifications packet will be available August 15, 2005. Copies may be obtained from the CTRMA website at www.ctrma.org, or by contacting the CTRMA Project Office at (512) 996-9778. Periodic updates, addenda, and clarifications will be posted on the CTRMA website, and interested parties are responsible for monitoring the website accordingly. All firms intending to submit proposals must attend a scope of services meeting at the CTRMA Project Office, 13640 Briarwick Drive, Suite 200, Austin, TX 78729 at 1:30 p.m. C.D.S.T. August 30, 2005. Final responses must be received in the offices of the CTRMA by or before 4:00 p.m. C.D.S.T. September 15, 2005, to be eligible for consideration.

It is the policy of the CTRMA to encourage the participation of HUBs, minorities, and women in all facets of its activities. To this end, the extent to which HUBs, minorities, and women participate in the ownership, management, and professional work force of a firm will be considered by the CTRMA in the selection of a firm to provide general systems consultant services. Respondents shall submit a current profile of their firm and any relevant certifications with their responses to this RFQ.

Each firm will be evaluated based on the criteria and process set forth in the RFQ. The final selection of the general systems consultant services firm, if any, will be made by the CTRMA board of directors.

Questions concerning this RFQ may be submitted via e-mail to Ron Fagan at rfagan@ctrma.org or in writing to: Ron Fagan, c/o CTRMA, 13640 Briarwick Drive, Suite 200, Austin, TX 78729. All questions must be received by September 6, 2005.

TRD-200503229

Mike Heiligenstein

Executive Director

Central Texas Regional Mobility Authority

Filed: August 3, 2005

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 July 22, 2005, through July 28, 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 August 3, 2005. The public comment period for these projects will close at 5:00 p.m. on September 2, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: Transtexas Gas Corporation ; Location: The project is located in Galveston Bay, State Track 89, approximately 5.5 miles southeast of Baytown, in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Umbrella Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 320420; Northing: 3280544. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, flowlines, and pipelines. Permit No. 23851 is associated with the proposed oil well. Permit No. 23851(01) is associated with the proposed pipeline. CCC Project No.: 05-0370-F1 and 05-0371-F1; Type of Application: U.S.A.C.E. permit application #23851 and #23851(01) are 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: Bolivar Terminal Company ; Location: The project is located along the Gulf Intracoastal Waterway on the Bolivar Peninsula, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Flake, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 333547; Northing: 3256292. Project Description: The applicant proposes to mechanically dredge a 100-foot-wide area adjacent to an existing 1,000-foot-long steel bulkhead; fill in the gaps behind the steel bulkhead and install a 1,000-foot-long, 20-foot-wide concrete riprap revetment along the length of the bulkhead. The proposed dredging is in the same area previously authorized but now would extend a total distance of 100 feet from the steel bulkhead further from shore and would be to a maximum project depth of 14 feet. The area where voids would be filled is in the upland areas immediately behind the existing steel bulkhead and therefore would not involve fill in waters of the U.S. Concrete boulders (approximately 15,000 cubic yards) measuring 2 feet to 4 feet in diameter, would be placed along the bulkhead at a 1:1 slope extending from the bottom of the dredged area (approximately 25 feet from shore) to the top of the existing bulkhead. A concrete cap would be placed on that portion of the riprap revetment extending above the waterline. The surface area of the concrete revetment would cover approximately 20,000 square feet or 0.46 acres. CCC Project No.: 05-0388-F1; Type of Application: U.S.A.C.E. permit application #13639(06) 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.

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-200503215

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: August 3, 2005

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 08/08/05 - 08/14/05 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 08/08/05 - 08/14/05 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-200503190

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: August 1, 2005

Notice of Request for Proposals for Operation and Management of East Texas Workforce Centers

This Request for Proposals to interested entities is filed under Government Code 2254.

The East Texas Workforce Development Area is requesting proposals for the operation and management of its East Texas Workforce Centers for a period beginning July 1, 2006 and ending June 30, 2007, with the possibility for extending the subcontracts for a period of up to five additional years. Provision of these services will involve a cost reimbursement subcontract with the East Texas Council of Governments, which serves as the grant recipient and administrative unit for the East Texas Workforce Development Board and Chief Elected Officials Board of Directors.

The purpose of this Request for Proposals is to identify operators of One Stop Career Development Centers as outlined in Texas HB 1863 and the Workforce Investment Act of 1998, in the cities of Longview, Marshall, Palestine and Tyler. East Texas Workforce Center operators will also be responsible for maintaining and enhancing a network of satellite offices in the counties adjoining these cities. The proposer(s) awarded subcontracts will be responsible for operating the workforce centers and satellites, and for providing the program services of Workforce Investment Act (WIA), Temporary Assistance to Needy Families (TANF), Food Stamp Employment and Training (FSE&T), Trade Act, and Project RIO. The FY2006 estimate for funding is anticipated to be $8,498,607 for all grants.

Persons or organizations wanting to receive a Request for Proposals (RFP) should request by letter, fax, or email. Requests should be addressed to Daniel Pippin, East Texas Council of Governments, 3800 Stone Road, Kilgore, Texas 75662 or fax (903) 983-1440 or email Daniel.Pippin@twc.state.tx.us. The RFP is available as of July 29, 2005.

A bidders conference will be held on August 22, 2005 at 1:30 p.m. at the offices of the East Texas Council of Governments. It is anticipated that the deadline for receipt of proposals shall be October 6, 2005. Questions concerning the Request for Proposals process should be addressed to Wendell Holcombe, East Texas Council of Governments at (903) 984-8641.

TRD-200503183

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: August 1, 2005

Request for Applications Concerning Open-Enrollment Charter Guidelines and Application

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-05-008 from eligible entities to operate open-enrollment charter schools. Eligible entities include public institutions of higher education, private or independent institutions of higher education, organizations exempt from taxation under the Internal Revenue Code of 1986 (26 United States Code, §501(c)(3)), or governmental entities. At least one member of the governing board of the group requesting the charter must attend one REQUIRED APPLICANT CONFERENCE. Conferences are scheduled for Tuesday, August 23, 2005; Friday, October 28, 2005; Friday, December 2, 2005; and Tuesday, January 10, 2006, in Room 1-104, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701-1494. Failure to attend one of the conferences will disqualify an applicant from submitting an application for an open-enrollment charter.

Description. The purpose of an open-enrollment charter is to provide an alternative avenue for restructuring schools. An open-enrollment charter offers flexibility and choice for educators, parents, and students. An approved open-enrollment charter school may be located in a facility of a commercial or nonprofit entity or in a school district facility. If the open-enrollment charter school is to be located in a school district facility, it must be operated under the terms established by the board of trustees or governing body of the school district in an agreement governing the relationship between the charter school and the district.

An open-enrollment charter school will provide instruction to students at one or more elementary or secondary grade level(s) as provided by the charter. It is governed under the specifications of the charter and retains authority to operate for the term of the charter contingent on satisfactory student performance as defined by the state accountability system. An open-enrollment charter school does not have the authority to impose taxes.

An open-enrollment charter school is subject to federal laws and certain state laws governing public schools, including laws and rules relating to a criminal offense, requirements relating to the Public Education Information Management System, criminal history records, high school graduation, special education programs, bilingual education, prekindergarten programs, extracurricular activities, health and safety provisions, and public school accountability. As stated in the Texas Education Code (TEC), §12.156, in matters related to operation of an open-enrollment charter school, an open-enrollment charter school is immune from liability to the same extent as a school district, and its employees and volunteers are immune from liability to the same extent as school district employees and volunteers. A member of the governing body of an open-enrollment charter school or of a charter holder is immune from liability to the same extent as a school district trustee. An employee of an open-enrollment charter school who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system to the same extent a qualified employee of a school district is covered.

Dates of Project. Application receipt deadline for review is February 23, 2006. The completed application must be received by the TEA Document Control Center at 1701 N. Congress Avenue, Austin, Texas, 78701-1494, Room 6-108, on or before 5:00 p.m. Central Time on the deadline date.

Project Amount. TEC, §12.106(a), states that a charter holder is entitled to receive funding for the open-enrollment charter school under Chapter 42 as if the school were a school district without a tier one local share for purposes of §42.253 and without any local revenue for purposes of §42.302. In determining funding for an open-enrollment charter school, adjustments under §§42.102, 42.103, 42.104, and 42.105 and the district enrichment tax rate under §42.302 are based on the average adjustment and average district enrichment tax rate for the state. TEC, §12.106(b), states that an open-enrollment charter school is entitled to funds that are available to school districts from the agency or the commissioner in the form of grants or other discretionary funding unless the statute authorizing the funding explicitly provides that open-enrollment charter schools are not entitled to the funding. An open-enrollment charter school may not charge tuition. An open-enrollment charter school must prohibit discrimination in admission policy on the basis of sex; national origin; ethnicity; religion; disability; academic, artistic, or athletic ability; or the district the child would otherwise attend. However, a charter school that specializes in the performing arts may require a student to demonstrate artistic ability and may require an applicant to audition. The charter may provide for the exclusion of a student who has a documented history of a criminal offense, a juvenile court adjudication, or a discipline problem under TEC, Chapter 37, Subchapter A.

Selection Criteria. A complete description of selection criteria is included in the RFA.

The State Board of Education (SBOE) may approve open-enrollment charter schools as provided in TEC, §12.101 and §12.152. There are currently 199 charters approved under §12.101 and two charters approved under §12.152. There is a cap of 215 charters approved under TEC, §12.101, and no cap on the number of charters approved under TEC, §12.152.

The SBOE may approve applicants to ensure representation of urban, suburban, and rural communities; various instructional settings; innovative programs; diverse student populations and geographic regions; and various eligible entities. The SBOE will consider Statements of Impact from any school district whose enrollment is likely to be affected by the open-enrollment charter school. The SBOE may also consider the history of the sponsoring entity and the credentials and background of its board members.

Requesting the Application. An application must be submitted under SBOE guidelines to be considered. A complete copy of the publication Open-Enrollment Charter Guidelines and Application (RFA #701-05-008), which includes an application and procedures, may be obtained by writing the Division of Charter Schools, Room 5-107, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas, 78701-1494, by calling (512) 463-9575, or at http://www.tea.state.tx.us/charter/rfas/rfascharter.htm.

Further Information. For clarifying information about the open-enrollment charter school application, contact Mary Perry, Division of Charter Schools, Texas Education Agency, at (512) 463-9575 or mary.perry@tea.state.tx.us.

TRD-200503219

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: August 3, 2005

Consultant Contract Awards Announcement

In compliance with the provisions of Texas Government Code, Chapter 2254, Subchapter B, including §2254.024(a)(6), the Employees Retirement System of Texas ("ERS") furnishes this notice of consultant contract awards. The consultant will provide ERS with an analysis and evaluation of its costs and cost drivers of providing healthcare benefits, its administration costs based on activities related to insurance, and its service levels compared to its peers. The consultant will also provide ERS with an analysis and evaluation of its costs and cost drivers of providing retirement benefits, its administration costs based on retirement-related activities, and its service levels compared to its peers.

The contracts are between ERS and Cost Effectiveness Measurement, Inc. ("CEM"), located at 350 Bay Street, Suite 800 Toronto, Ontario M5E 1M2. The cost for the healthcare study is $25,000 and the cost for the retirement study is $30,000. The contracts were fully executed on July 14, 2005, and terminate on March 15, 2006.

For further information, please call (512) 867-7179.

TRD-200503180

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: August 1, 2005

Notice of District Petition

Notices mailed July 29, 2005 through August 2, 2005

TCEQ Internal Control No. 06132005-D04; Hamilton Bee Cave, L.P. (Petitioner) filed a petition for creation of Belvedere Municipal Utility District of Travis County (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 lien holder, William L. Formby, 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 443.69 acres located within Travis County, Texas; and (4) the proposed District is within Travis County, Texas, and no portion of land within the proposed District is within the extraterritorial jurisdiction of any city, town or village in Texas. 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; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises 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 $5,332,000.

TCEQ Internal Control No. 04222005-D02; Castletop Capital Rutter, L.P. (Petitioner) filed a petition for creation of West Cypress Hills Water Control and Improvement District No. 1 of Travis County (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 51 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (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, Topfer Non-Exempt Marital Trust, on the property to be included in the proposed District; (3) the proposed District will contain approximately 610.868 acres located within Travis County, Texas; and (4) the proposed District is not within the corporate limits or extraterritorial jurisdiction of any city, town or village in Texas. The Petitioner has provided the TCEQ with a certificate evidencing the consent of Topfer Non- Exempt Marital Trust to the creation of the proposed District. The petition further states that the proposed District will: (1) design, construct, acquire, maintain and operate a waterworks and sanitary sewer system for domestic and commercial purposes; (2) design, construct, acquire, 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 waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; (4)design, construct, acquire, improve, maintain, and operate any additional facilities, systems, plants and enterprises consistent with the purposes for which the District is created; and (5) acquire, own, develop, construct, improve, manage, maintain and operate parks and recreational facilities. 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 $44,687,138.

TCEQ Internal Control No. 06132005-D03; Sugar Land Ranch Development L.L.C. and Hillsboro Estates L.L.C. (Petitioners) filed a petition for creation of Fort Bend County Municipal Utility District No. 126 (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 Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there are two lien holders, International Commercial Bank of China and SHK Pacific, ltd., on the property to be included in the proposed District, and the Petitioners have provided the TCEQ with certificates evidencing their consent to the creation of the proposed District; (3) the proposed District will contain approximately 661.2 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Sugar Land, 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 Resolution No. 03-11, effective February 18, 2003, the City of Sugar Land, 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 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. The Submitted creation application also request approval of a fire protection plan for the proposal District. 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 $20,300,000.

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-200503222

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 3, 2005

Request for Proposals for Underwriting Services

The Texas Public Finance Authority (the "Authority") is requesting proposals in order to select an underwriting pool for the 2006-07 fiscal biennium. The deadline for proposal submission is 2:00 p.m., September 1, 2005.

The Authority's Board of Directors (the "Board") will make its selection based upon demonstrated competence and qualifications. The Board's decisions on these matters is final. The Board reserves the right to reject any and all proposals.

Copies of the Request for Proposal may be obtained from the Authority's webpage at www.tpfa.state.tx.us or call Paula Hatfield, Texas Public Finance Authority, P.O. Box 12906, Austin, Texas 78711, (512) 463-5544.

TRD-200503193

Kimberly K. Edwards

Executive Director

Texas Public Finance Authority

Filed: August 1, 2005

Notice of Invitation for Offer for Renewal of Major Consulting Services

The General Land Office (GLO) is requesting offers for a consultant that will provide geological services related to coastal geology and near-shore processes. These services are necessary to fulfill Coastal Erosion Planning and Response Act (CEPRA) legislative requirements for project monitoring, development of reports, and advancement of related studies. Periodically, the GLO is required to provide an updated coastal erosion plan to the Texas State Legislature. Part of that plan includes the identification of shoreline change, migration, and the possible threat to existing structures on the Texas coast. A consultant is needed to ensure that such research and reports are performed in a timely manner and in accordance with statutory requirements.

Pursuant to §2254 of the TEX. GOV'T CODE, the GLO is requesting offers for consulting services relating to the study of coastal geology and other coastal processes for the coastal erosion program under the authority of CEPRA for a two-year period upon execution by both parties through August 31, 2007.

The consultant will develop technical reports and studies including, but not limited to, fieldwork, literature reviews, and data analysis. The consultant will be responsible for identifying, evaluating, and addressing, at a minimum, the following:

- Beach morphology, dune dynamics;

- Currents, sediment transport, interaction with structures;

- Protection and restoration methods of beaches, dunes, and bay shorelines;

- Design of shore protection projects and coastal structures;

- Inlet management planning;

- Sediment source identification/quantification; and

- Inter-governmental coordination; public outreach; consensus building.

It is the intent of GLO to award this contract to Ms. Kimberly K. McKenna, who has previously provided these consulting services for the GLO with respect to the CEPRA program. However, the GLO reserves the right to evaluate the qualifications and experience of any other Respondents, to reject any and/or all responses, and to negotiate specific terms of an agreement that is in the best interest of the state. The closing date for receipt of offers of these consulting services is 5:00 p.m. CDT, September 12, 2005. Further information may be obtained by contacting Thomas Durnin, General Land Office, 1700 N. Congress Avenue, Austin, TX, 78701-1495, phone (512) 463-1192.

TRD-200503218

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: August 3, 2005

Licensing Actions for Radioactive Materials

TRD-200503216

Cathy Campbell

General Counsel

Department of State Health Services

Filed: August 3, 2005

Request for Proposal

(TRN 05-5552-01)

H-GAC is seeking qualified consultants who have knowledge and expertise in transportation planning, economics, policy, data, and modeling. Successful candidates will work directly with the Texas Transportation Institute, the Texas Department of Transportation, the Governor's Business Council, and others as applicable in the development of a transportation transparency report, which tracks performance and spending for transportation agencies, and the development of a transportation economic assessment model, which will estimate the economic returns from transportation improvements.

A Pre-Proposal Conference is scheduled at 1 p.m. on Monday, August 15, 2005 , at H-GAC, 3555 Timmons Lane, Houston, Texas 77027, in Conference Room A on the second floor. Submittals are due by noon on Thursday, September 1, 2005 . Twelve (12) typewritten, bound/stapled and signed copies of the proposal are required. Late proposals will NOT be accepted.

The Request for Proposal packet can be downloaded from the H-GAC Transportation Department Web site at www.h-gac.com/transportation . Interested firms may also obtain the packet at the H-GAC offices at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, or by contacting Jeff Kaufman at 832-681-2533. All questions regarding the Request for Proposals can be sent to the attention Jerry Bobo by email to jerry.bobo@h-gac.com, faxed to (713) 993-4508, or mailed to the Houston-Galveston Area Council, P.O. Box 22777, Houston, TX 77227-2777.

TRD-200503214

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: August 3, 2005

Company Licensing

Application for incorporation to the State of Texas by AMERICAN ASSURANCE INSURANCE COMPANY, a Domestic Life, Accident and/or Health company. The home office is in Wimberley, Texas.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200503225

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: August 3, 2005

Instant Game Number 606 "Blackjack Doubler"

1.0. Name and Style of Game.

A. The name of Instant Game Number 606 is "BLACKJACK DOUBLER." The play style is "beat score with doubler."

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 606 shall be $1.00 per ticket.

1.2. Definitions in Instant Game Number 606.

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: A, K, Q, J, 10, 9, 8, 7, 6, 5, 4, 3, 2, D SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100, and $1,000.

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. 606 - 1.2D

E. Retailer Validation Code--Three letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 606 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number--A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four digit Security Number placed randomly within the Serial Number. The remaining nine digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The 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 $40.00 or $100.

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

J. Bar Code--A 22 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number, the three digit ticket number and the nine digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (606), a seven digit pack number, and a three digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 606-0000001-001.

L. Pack--A pack of "BLACKJACK DOUBLER" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 246 to 250 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

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 "BLACKJACK DOUBLER" Instant Game Number 606 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 "BLACKJACK DOUBLER" Instant Game is determined once the latex on the ticket is scratched off to expose 13 Play Symbols. The player must add cards in each Hand. If the total of any HAND beats the DEALER'S total, the player wins prize shown for that HAND. If a player reveals a "D" play symbol the player wins double the prize shown for that HAND. 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 13 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 13 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 13 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 13 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 hands on a ticket.

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

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

E. The doubler play symbol will only appear as dictated by the prize structure.

F. The total in each player's hand will range from 16 to 21 inclusive.

2.3. Procedure for Claiming Prizes.

A. To claim a "BLACKJACK DOUBLER" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00 or $100 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 "BLACKJACK DOUBLER" Instant Game prize of $1,000, 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 "BLACKJACK DOUBLER" 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 "BLACKJACK DOUBLER" 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 "BLACKJACK DOUBLER" 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 §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 13,200,000 tickets in the Instant Game Number 606. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 606 - 4.0

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

5.0. End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game Number 606 without advance notice, at which point no further tickets in that game may be sold.

6.0. Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game Number 606, 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-200503107

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 29, 2005

Figure 1: GAME NO. 607 - 1.2D

E. Retailer Validation Code--Three letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 607 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number--A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four digit Security Number placed randomly within the Serial Number. The remaining nine digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The 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 $5,000 or $55,000.

J. Bar Code--A 22 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number, the three digit ticket number and the nine digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (607), a seven digit pack number, and a three digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 607-0000001-001.

L. Pack--A pack of "LUCKY 5'S" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one. 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 "LUCKY 5'S" Instant Game Number 607 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 "LUCKY 5'S" Instant Game is determined once the latex on the ticket is scratched off to expose 80 Play Symbols. If a player reveals a "5" play symbol within a game, the player wins prize indicated for that game. If a player reveals three "5" play symbols within a game the player wins TRIPLE the prize indicated for that game. If a player reveals a star play symbol the player instantly wins all 20 prizes shown. 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 80 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 80 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 80 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 80 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 four like non-winning prize symbols on a ticket.

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

D. The win all symbol will only appear on intended winners as dictated by the prize structure.

E. No duplicate non winning games in the same order on a ticket.

F. No occurrence of three like play symbols in a game with the exception of the 5 play symbol used in accordance with the prize structure.

2.3. Procedure for Claiming Prizes.

A. To claim a "LUCKY 5'S" 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 "LUCKY 5'S" Instant Game prize of $5,000 or $55,000, 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 "LUCKY 5'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 "LUCKY 5'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 "LUCKY 5'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 §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 Number 607. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 607 - 4.0

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

5.0. End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game Number 607 without advance notice, at which point no further tickets in that game may be sold.

6.0. Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game Number 607, 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-200503108

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 29, 2005

Figure 1: GAME NO. 614 - 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. 614 - 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 $25.00, $50.00, or $100.

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

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 (614), 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: 614-0000001-001.

L. Pack - A pack of "HOLIDAY 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 to 010 on the next page; etc.; and tickets 246 to 250 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

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 "HOLIDAY CASH" Instant Game No. 614 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 "HOLIDAY CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 11 (eleven) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to the WINNING NUMBER play symbol the player wins prize indicated for that number. If a player reveals a moneybag play symbol the player wins $25.00 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 11 (eleven) 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 11 eleven) 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 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 11 (eleven) 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 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).

E. The moneybag play symbol will only appear on intended winning tickets as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "HOLIDAY CASH" Instant Game prize of $1.00, $2.00, 4.00, $5.00, $10.00, $20.00, $25.00, $50.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $25.00, $50.00 or $100 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 "HOLIDAY CASH" Instant Game prize of $1,000, 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 "HOLIDAY 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.

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 "HOLIDAY 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 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "HOLIDAY CASH" 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 12,000,000 tickets in the Instant Game No. 614. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 614 - 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. 614 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. 614, 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-200503109

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 29, 2005

Figure 1: GAME NO. 616 - 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. 616 - 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, $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $70.00 or $100.

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

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (616), 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: 616-0000001-001.

L. Pack - A pack of "SLEIGH RIDE RICHES" 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 "SLEIGH RIDE RICHES" Instant Game No. 616 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 "SLEIGH RIDE RICHES" 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 PACKAGE NUMBERS play symbols to either of the SLEIGH NUMBERS play symbols the player wins prize indicated for that number. If a player reveals a snowflake play symbol the player wins DOUBLE the prize indicated. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 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 Package Numbers play symbols on a ticket.

C. No duplicate Sleigh Number play symbols on a ticket.

D. The doubler symbol will only appear on intended winning tickets as dictated by the prize structure.

E. The doubler symbol will never appear more than once on a ticket.

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

2.3 Procedure for Claiming Prizes.

A. To claim a "SLEIGH RIDE RICHES" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $70.00 or $100, 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, $70.00 or $100 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 "SLEIGH RIDE RICHES" Instant Game prize of $2,000 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "SLEIGH RIDE RICHES" 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 "SLEIGH RIDE RICHES" 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 "SLEIGH RIDE RICHES" 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 9,000,000 tickets in the Instant Game No. 616. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 616 - 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. 616 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. 616, 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-200503110

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 29, 2005

Figure 1: GAME NO. 617 - 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. 617 - 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 $10.00, $15.00 or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $30.00, $50.00, $100 or $500.

I. High-Tier Prize- A prize of $1,000, $2,500, $10,000, $20,000 or $500,000.

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 (617), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 617-0000001-001.

L. Pack - A pack of "WINTER TREASURES" Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 050 will be exposed on one side of the pack and ticket front 001 on the other side.

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 "WINTER TREASURES" Instant Game No. 617 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 "WINTER TREASURES" Instant Game is determined once the latex on the ticket is scratched off to expose 75 (seventy-five) Play Symbols. A player must scratch to reveal 25 games. If a player reveals 2 (two) matching symbols within the same game the player wins prize indicated for that game. If a player reveals a "2X" play symbol the player wins double the amount indicated for that game. If a player reveals s "25X" play symbol the player wins 25 times the amount indicated for that game. 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 75 (seventy-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 75 (seventy-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 75 (seventy-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 75 (seventy-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 non-winning games in any order on any ticket.

C. The "2X" play symbol is an instant win, winning DOUBLE the prize shown for that game, not requiring a match, and will appear once and only once in intended winning games in accordance with the prize structure.

D. The "25X" play symbol is an instant win, winning 25 times the prize shown for that game, not requiring a match, and will appear once and only once on intended winners in accordance with the prize structure.

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

2.3 Procedure for Claiming Prizes.

A. To claim a "WINTER TREASURES" Instant Game prize of $10.00, $15.00, $20.00, $25.00, $30.00, $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 $25.00, $30.00, $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "WINTER TREASURES" Instant Game prize of $1,000, $2,500, $10,000, $20,000 or $500,000, 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 "WINTER TREASURES" 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 "WINTER TREASURES" 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 "WINTER TREASURES" 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 3,000,000 tickets in the Instant Game No. 617. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 617 - 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. 617 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. 617, 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-200503111

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 29, 2005

Notice of Public Hearing

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 Monday, September 12, 2005 at 507 Sabine Street, 4th Floor Boardroom, Austin, Texas 78701. The public hearing is to accept comments on new and amended proposed rules to Title 10 Texas Administrative Code, Chapter 80 (West) ("Rules"). The proposed rules are published in the August 12, 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-200503149

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: August 1, 2005

Notice of Availability and Request for Public Comment

Draft Natural Resource Restoration Plan, Environmental Assessment, and Coastal Management Plan Consistency Determination

AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Commission on Environmental Quality (TCEQ), Texas General Land Office (GLO) and the United States Fish and Wildlife Service (USFWS) (hereafter, Natural Resource Trustees).

ACTION: Notice of availability of a Draft Restoration Plan/Environmental Assessment (Draft RP/EA) and the Federal Consistency Determination for the Draft RP/EA under the Texas Coastal Management Program (CMP) and of a thirty- (30) day public comment period beginning the date of publication of this notice.

SUMMARY: Notice is hereby given that the Draft RP/EA for natural resource injuries and ecological service losses associated with the October 20, 1994 pipeline discharges into the San Jacinto River and upper Galveston Bay (Incident) and the Federal Consistency Determination with the CMP related to the activities outlined in the Draft RP/EA are available for public review and comment.

The Draft RP/EA has been prepared by the Natural Resource Trustees to address natural resource service losses resulting from the Incident. The Draft RP/EA presents the injury assessment that was the basis of the previously noticed and finalized Consent Decree for the Incident., This Consent Decree provided the terms of a settlement of claims of the United States and the State of Texas against Equilon Pipeline Company (Equilon), Texaco Pipeline, Inc. (Texaco) and Colonial Pipeline Company (Colonial) for natural resource damages in connection with the rupture of Colonial and Texaco pipelines and the discharge of oil products in the vicinity of the San Jacinto River. The settlement provided for the purchase and preservation of a specific 101.9 acre tract of land adjacent to the Sheldon Lake State Park comprised of mixed forest habitat, payment of a $30,000 endowment for the management of the mixed forest habitat preservation and the payment of $245,000 to be used for the construction of a minimum of 8.2 acres of estuarine wetlands and 0.9 acres of freshwater wetlands. The Draft RP/EA provides the Natural Resource Trustees proposed plan to allocate monies recovered as part of that settlement for the restoration of ecological resources and services. The Draft RP/EA calls for the use of the monies recovered for natural resource injuries plus interest thereon since settlement to: 1) entirely fund a proposal from the Baytown Nature Center for the expansion of constructed wetlands; 2) partially fund a proposal from the Texas Coastal Watershed Program for the restoration of freshwater intertidal urban wetlands on public property along Sims, Brays and Buffalo Bayous in Harris County; as well as, 3) partially fund the construction of wetlands adjacent to St Mary’s Island.

The opportunity for public review and comment on the proposed RP/EA announced in this notice is required under the Oil Pollution Act 33 U.S.C. 2706(c)(5), and parallels provisions of 15 CFR 990.14 (d) and 990.55 of the federal Natural Resource Damage Assessment regulations.

The Federal Consistency Determination for the Draft RP/EA outlines the basis for USFWS’s determination that the restoration actions described in the Draft RP/EA are consistent to the maximum extent possible, and will be undertaken in a manner consistent with, the applicable policies of the Texas Coastal Management Plan (TCMP). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the goals and policies of the TCMP identified in 31 Texas Administrative Code (TAC) Chapter 501. Under 31 TAC §506.2(c), a determination of consistency with the TCMP must be made by the federal trustees for natural resource damage assessment and restoration plans that are the product of a joint cooperative natural resource damage assessment by state and federal trustees. Review of the Federal Consistency Determination is delegated to the State Trustee agencies (TPWD, TCEQ and the GLO).

Interested members of the public are invited to request a copy of the proposed Draft RP/EA and the Consistency Determination from Don Pitts of the Texas Parks and Wildlife Department, Trustee Program, 4200 Smith School Road, Austin, Texas 78744, (512) 912-7156, Fax: (512) 912-7160, e-mail: don.pitts@tpwd.state.tx.us.

DATES: Comments must be submitted in writing within 30 days of the publication of this notice to Don Pitts of the Texas Parks and Wildlife Department at the address listed in the previous paragraph. The Natural Resource Trustees will consider all written comments received during the 30-day comment period prior to finalizing the Draft RP/EA. The State Trustees will consider all comments received during the public comment period in their evaluation of the Federal Consistency Determination for the Draft RP/EA and will, depending on the comments received, submit a letter of concurrence to the Federal Trustees.

SUPPLEMENTARY INFORMATION: On October 20, 1994, three pipelines ruptured and began to discharge petroleum products directly into the San Jacinto River in an area near the Rio Villa Subdivision, Wallisville Road, Houston in eastern Harris County, Texas. Colonial Pipeline Company owned and operated two of these pipelines, a 36-inch line carrying diesel fuel and a 40-inch pipeline transporting gasoline, which discharged for six days. The remaining 20-inch crude oil pipeline, owned and operated by Texaco Pipeline Inc., discharged for three days. Final Colonial Pipeline Company estimate of the quantity of discharged diesel and gasoline totaled 34,527 barrels (1,450,134 gallons). Final Texaco Pipeline Inc. estimate of the quantity of discharged crude oil was 5,350 barrels (224,700 gallons).

At the time of the unauthorized discharges, the San Jacinto River was receding from a high flood stage that spread out over the entire flood plain between Lake Houston and Galveston Bay. The water currents carried the petroleum products across the San Jacinto River flood plain and downstream to the Galveston Bay estuary.

Petroleum products were ignited as they flowed downstream and the fire traveled back upstream toward the sources of the unauthorized discharges. In the following days these fires continuously burned at the ends of the broken gasoline pipeline, the diesel oil pipeline, and one end of the crude oil pipeline. In addition, ignited petroleum products flowed downstream and burned riparian vegetation on mid-channel islands and adjacent shoreline riparian forests and wetlands, as well as numerous homes and other structures. The fires did not consume all of the discharged petroleum products. Significant quantities flowed downstream in the San Jacinto River to the upper portions of Galveston Bay.

As a result of the unauthorized discharge of diesel fuel, gasoline and crude oil and the resultant fires, numerous natural resources were affected. The discharged petroleum products and fires impacted terrestrial, freshwater and estuarine plants, sediments, wildlife, and invertebrates as well as freshwater and estuarine fishes. Water quality within the lower reaches of the San Jacinto River and upper Galveston Bay was impacted by the dispersion of the discharged materials into the water column.

The Natural Resource Trustees have the authority under OPA (33 U.S.C. Section 2701 et seq.) to assess the natural resource injuries resulting from this incident. The TPWD, TCEQ, TGLO, and USFWS are trustees of the natural resources injured by the discharges from the Colonial Pipeline Company and Texaco Pipeline Inc. pipelines crossing the San Jacinto River, Harris County, Texas pursuant to OPA, 33 U.S.C. Section 2706 (b).

The Natural Resource Trustees determined that natural resources subject to their trust authority under this act were exposed to gasoline, diesel and crude oil as a result of the unauthorized discharge. The quantity and concentration of the materials discharged and resultant fires was sufficient to result in injury to trust resources and information available to the Natural Resource Trustees indicates that trust resources were affected. Consequently the Natural Resource Trustees sought compensation for natural resource damages as identified in the Consent Decree lodged with the courts on September 17, 2001 after public review and comment.

The Draft RP/EA announced today identifies the information and methods used to determine and quantify natural resource injuries and lost ecological services, including the scale of restoration actions required to compensate the public. The Draft RP/EA also identifies the restoration actions that the Natural Resource Trustees propose to implement to restore, replace, or acquire resources or services equivalent to those lost. The Restoration Plan is in the form of an Environmental Assessment and, as such, is used as a planning document for the USFWS to use to decide on a final restoration plan (as required by the National Environmental Policy Act 42 U.S.C. 4321, et seq.).

For further information, contact Don Pitts at (512) 912-7156, fax: (512) 912-7160, email: don.pitts@tpwd.state.tx.us.

TRD-200503196

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: August 2, 2005

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 27, 2005, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Blu Power of Texas, LLC for Retail Electric Provider (REP) certification, Docket Number 31423 before the Public Utility Commission of Texas.

Applicant's requested service area by geography or/service area by customers includes the entire State of Texas.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 19, 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 31423.

TRD-200503208

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 2, 2005

Aviation Division--Request for Proposal for Aviation Engineering Services

Montgomery County, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below:

Airport Sponsor: Montgomery County, Lone Star Executive Airport.

TxDOT CSJ No.: 0512CONRO.

Scope: Provide engineering/design services to replace MIRL's runway 14-32, mark, overlay and improve drainage runway 14-32 and construct new hangar access taxiway.

The DBE goal is set at 5% . TxDOT Project Manager is Bijan Jamalabad, P.E.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Lone Star Executive Airport."

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT, Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/avn/avn550.doc . The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is an MS Word Template.

Four completed, unfolded copies of Form AVN-550 must be postmarked by U.S. Mail by midnight Friday, September 2, 2005 . Mailing address: TxDOT, Aviation Division, 125 East 11th Street, Austin, Texas 78701. Overnight delivery must be received by 4:00 p.m. (CDT) on Tuesday, September 6, 2005 . Overnight address: TxDOT, Aviation Division, 200 East Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. (CDT) on Tuesday, September 6, 2005 . Hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by e-mail will not be accepted. Please mark the envelope of the forms to the attention of Amy Slaughter.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at www.dot.state.tx.us/business/avnconsultinfo.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following the interviews.

If there are any procedural questions, please contact Amy Slaughter, Grant Manager, or Bijan Jamalabad, P.E., Project Manager, for technical questions at 1-800-68-PILOT (74568).

TRD-200503087

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: July 27, 2005

Applications Received

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

City of Diboll, P. O. Box 340, Diboll, Texas 75941, received June 24, 2005, application for financial assistance in the amount of $3,240,000 from the Drinking Water State Revolving Fund.

City of San Juan, 709 South Nebraska, San Juan, Texas 78589, received December 8, 2004, application for financial assistance in the amount of $2,180,000 from the Clean Water State Revolving Fund.

City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, received July 21, 2005, application for financial assistance in the amount of $64,520,000 from the Drinking Water State Revolving Fund.

City of Redwater, P.O. Box 209, Redwater, Texas 75573, received June 21, 2005, application for financial assistance in the amount of $470,000 from the Clean Water State Revolving Fund.

TRD-200503227

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: August 3, 2005