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Texas Cancer Council

Texans Conquer Cancer Patient Support Services Program RFA

Introduction:

The Texas Cancer Council (TCC) announces the availability of state funds to be awarded to support the Texans Conquer Cancer Patient Support Services Program . The TCC awards grants to organizations that provide support services to cancer patients and their families. Funding for these grants is derived from the sale of "Texans Conquer Cancer" specialty license plates through the Texas Department of Transportation.

Funds will be awarded to the selected organizations in the maximum amount of $5,000 per organization per fiscal year. Applicants may apply again in future funding years.

Purpose:

The purpose of this Request for Applications (RFA) is to solicit statewide applications for projects that will provide direct support services to cancer patients and their families.

Eligibility requirements:

Only nonprofit organizations located in Texas that provide support services for cancer patients and their families are eligible for funding under this program. Funds may be used to provide the following allowable services, which include but are not limited to:

(A) Transportation

(B) Childcare

(C) Medical equipment

(D) Consumable supplies for cancer care

(E) Lodging for patients and/or family during active treatment

(F) Medications and equipment required for symptom control

(G) Rent assistance during active treatment

(H) Food assistance during active treatment

Funds may not be used to provide the following disallowable services, which include but are not limited to:

(A) Hospitalization

(B) Surgery

(C) Outpatient care, including laboratory tests and physician visits

(D) Chemotherapy

(E) Radiation

(F) Health insurance deductibles

Operating expenses for grantee such as utilities, salaries, office equipment, and entertainment are also not allowed.

Application requirements:

Applications and instructions for completing the application can be obtained from TCC by calling (512) 463-3190 x107, or on-line at the TCC website at www.tcc.state.tx.us/tccfund. Applications are due at the TCC office by 5 p.m. on October 10, 2005. Applications must be submitted according to the Patient Support Services application instructions and form. The application may be expanded to a maximum of two pages, however, please provide only the requested information.

Project requirements:

Projects funded under this initiative must provide:

*Support services for cancer patients and their families.

*Documentation of previous successful experience in providing effective patient support services.

*Assurances that the project does not duplicate existing services or resources in the community.

*Documentation of an in-kind contribution of at least ten percent. In-kind contributions may include applicant funds committed to the project, donated services, indirect expenses, or other in-kind contributions. The Council reserves the right to waive this requirement, on a case-by-case basis.

*A process for collecting performance data and providing an annual report that describes the number of people served and the services provided.

Funding awards:

Applications will be reviewed by the Texans Conquer Cancer Advisory Committee and TCC staff for completeness and technical merit. The Texas Cancer Council will make final funding decisions on or about November 11, 2005. Written notification of approval can be expected by November 23, 2005. All applicants will receive written notification of the Council's decisions regarding their applications.

The Council's funding decision will be based on:

*The scope of the project, including reaching a maximum number of people;

*Innovative aspects of the proposed project;

*Applicant's successful collaboration with other relevant organizations;

*Applicant's qualifications to conduct the proposed project;

*Reasonableness of budgeted amounts and appropriateness of budget justifications;

*Completeness and clarity of the application; and

*Applicant's ability to reach patients in greatest need.

The Texas Cancer Council has sole discretion and reserves the right to reject any or all applications received in response to this funding announcement. This announcement does not constitute a commitment by the Council to award a contract or to pay costs incurred in the preparation of an application.

It is anticipated that up to five (5) projects will be selected under this initiative to receive Texans Conquer Cancer Patient Support Services Program funding. The Program may fund more, or fewer projects, based on the merit of applications received and the availability of funding. The Council reserves the right to take the needs of geographic locations into consideration when selecting projects.

Additional information:

For additional information about this funding announcement, contact Sandra Balderrama, Executive Director, or Jane Osmond (josmond@tcc.state.tx.us), Program Manager, Texas Cancer Council, P.O. Box 12097, Austin, Texas 78711, (512) 463-3190.

TRD-200503434

Sandra K. Balderrama

Executive Director

Texas Cancer Council

Filed: August 17, 2005


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of August 5, 2005, through August 11, 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 17, 2005. The public comment period for these projects will close at 5:00 p.m. on September 16, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: American Electric Power ; Location: The project is located along two existing power line crossings over Oso Bay in the southern part of Corpus Christi, Nueces County, Texas. The Airline to Laguna line crossing follows Wooldridge Road to its crossing point and then follows Purdue Road to the Laguna substation. The Airline to Naval Base segment follows Holly Road to its crossing point and then turns northeast, continuing through Flour Bluff to the Naval Base substation. The project can be located on the U.S.G.S. quadrangle map entitled: Oso Creek NE, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 666100; Northing: 3061500. Project Description: The applicant proposes to rebuild two existing power line crossings over Oso Bay in order to rehabilitate the existing 69-kV facilities for future operation at a higher capacity to support increasing electrical needs in the Corpus Christi area. The rebuild consists of replacing the existing wooden H-frame support structures with steel, single pole structures, approximately 90 feet long, set in steel caisson foundations. The caissons would be approximately 3 to 4 feet in diameter except for the structures at the end of the line that might be as large as 5 to 6 feet. The depth of the installed caisson would run from 50 feet to 100 feet below the surface. After being set in the caisson, the overall structure height would be about 97 feet above the water level. The new structure locations are within 5 to 15 feet of the existing locations. The minimum wire clearance over the water section of the crossing will be 43 to 55 feet at mid-span at the maximum operating temperature. In the vicinity of proposed structure 35, the existing bank would be cut back in order to gain access to structures 36 through 41. No fill would be placed in Oso Bay or associated wetlands or tidal flat areas as the result of this activity. In areas where the soil is too soft to support construction equipment, timber mats will be temporarily placed to protect the ground surface. Existing wooden poles will be initially cut off approximately 5 feet above the water line and then cut off at the mud line at a later date. CCC Project No.: 05-0413-F1; Type of Application: U.S.A.C.E. permit application #01782(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Spinnaker Exploration Company, L.L.C. ; Location: The project is located in the Galveston Anchorage Area, Galveston Area Blocks 210 and 226 of the Gulf of Mexico, offshore, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 343668; Northing: 3223482. Project Description: The applicant proposes to install, operate and maintain an 8-inch diameter pipeline for oil and gas production and transportation activities. The pipeline originates at the previously permitted structure in Block 210 and will tie into an existing pipeline in Block 210 within the Galveston Anchorage Area. The remainder of the pipeline crosses the Anchorage Area in Block 226, and terminates in Galveston Block 239. CCC Project No.: 05-0414-F1; Type of Application: U.S.A.C.E. permit application #23869 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

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-200503405

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: August 15, 2005


Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this Request for Proposals (RFP 173a) for provision of statistician consulting services to the Comptroller. The successful respondent will advise the Comptroller on statistical issues and provide other related services in connection with the Comptroller’s Annual Property Value Study (Study). The successful respondent will be expected to begin performance of the Contract on or about September 30, 2005, or as soon thereafter as practical.

Background: The Comptroller requires highly specialized statistical consulting expertise and experience for the services to be provided under the Contract. The Consultant will advise the Comptroller periodically during the year regarding complex statistical and other issues relating to the Study and provide all other reasonably-related services. The anticipated contract budget is not to exceed $30,000.00.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, Room-G-24, LBJ State Office Building, 111 East 17th St., Austin, Texas, 78774, telephone number: (512) 936-5854, regarding the request. The Comptroller will provide further information only to those specifically requesting it. Non-mandatory Letters of Intent and Questions must be sent in writing via facsimile to Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, facsimile number: (512) 475-0973. All Non-mandatory Letters of Intent, Questions, and inquiries must be received in writing no later than 2:00 p.m. Central Zone Time (CZT) on Friday, September 9, 2005. Official responses to questions and inquiries received by the deadline will be posted electronically on or about Friday, September 16, 2005, or as soon thereafter as practicable, on the Texas Marketplace at the following URL: http://esbd.tbpc.state.tx.us.

Closing Date: To be considered, all proposals must be received at the foregoing address in the issuing office on or before 2:00 p.m. CZT on Friday, September 23, 2005. Proposals received after this time and date will not be considered. Respondents are solely responsible for verifying timely receipt of all proposals in the Issuing Office on or before the deadline; late proposals will not be accepted.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the Request for Proposals. The Comptroller will make the final decision. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice. The Comptroller shall pay for no costs incurred by any entity in responding to this RFP.

The anticipated schedule of events is as follows:

Issuance of RFP--August 26, 2005, after 10:00 a.m. CZT;

Deadline for Questions and Non-mandatory Letters of Intent--2:00 p.m. CZT, September 9, 2005;

Release of Official Responses to Questions--after 2:00 p.m. CZT, September 16, 2005, or as soon thereafter as practical;

Deadline for Proposals--2:00 p.m. CZT, September 23, 2005;

Contract Execution--September 30, 2005, or as soon thereafter as practical;

Commencement of Project Activities--September 30, 2005.

TRD-200503442

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: August 17, 2005


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/22/05 - 08/28/05 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/22/05 - 08/28/05 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 09/01/05 - 09/30/05 is 6.50% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 09/01/05 - 09/30/05 is 6.50% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200503433

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: August 17, 2005


Credit Union Department

Applications to Amend Articles of Incorporation

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application for a name change was received from Government Employees Credit Union of El Paso, El Paso, Texas. The credit union is proposing to change its name to GECU.

An application for a name change was received from Entex Credit Union, Houston, Texas. The credit union is proposing to change its name to United Energy Credit Union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200503427

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 17, 2005


Applications to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from FedStar Credit Union, College Station, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, or worship, and businesses within 10 miles of the main office of FedStar Credit Union located at 1101 University Drive East, College Station, Texas, to be eligible for membership in the credit union.

An application was received from City Credit Union, Dallas, Texas to expand its field of membership. The proposal would remove exclusionary language which protects the field of membership of certain occupation- or association-based credit unions that have an office in Ellis, Johnson, Tarrant or Dallas Counties and permit persons who worship or attend school in Dallas and Ellis Counties, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200503428

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 17, 2005


Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following application(s):

Application(s) to Expand Field of Membership - Approved

County & Municipal Employees Credit Union, Edinburg, Texas - See Texas Register issue dated May 27, 2005.

Educators Credit Union, Waco, Texas - See Texas Register issue dated May 27, 2005.

Varco Employees Credit Union, Houston, Texas - See Texas Register issue dated May 27, 2005.

Application(s) to amend Articles of Incorporation - Approved

Medical Community Credit Union, Odessa, Texas - See Texas Register issue dated June 24, 2005.

Application(s) for a Merger or Consolidation - Approved

Tyler Credit Union (Waxahachie) and Neighborhood Credit Union (Dallas) - See Texas Register issue dated April 29, 2005.

TRD-200503429

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 17, 2005


Texas Commission on Environmental Quality

Notice of District Petition

Notices mailed August 11, 2005 through August 15, 2005

TCEQ Internal Control No. 04212005-D01; Galilee Partners, L.P., (Petitioner) filed a petition for creation of Maypearl Water Control and Improvement District No.1 of Ellis 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 are two lienholders, Palestine Partners L.P., and Sanders Asset Management L.P., on the property to be included in the proposed District and by affidavit they have all consented to the petition; (3) the proposed District will contain approximately 227.67 acres located within Ellis County, Texas; and (4) the proposed District is within Ellis 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) construct, maintain, and operate a waterworks systems for residential, industrial and commercial purposes; (2) construct, maintain, and operate a sanitary sewer collection system and wastewater treatment plant; (3) control, abate and amend the harmful excesses of water, and the reclamation and drainage of overflowed lands within or affecting the District; and (4) construct, install, maintain, purchase, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is organized. 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 $11,100,000.

TCEQ Internal Control No. 05262005-D10; Perry Homes and US 59/Reading 108, Ltd. (Petitioners) filed a petition for creation of Fort Bend County Municipal Utility District No. 159 (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 is one lien holder, OmniBank, N.A., on the property. to be included in the proposed District, and the Petitioners have provided the TCEQ with a certificate evidencing its consent to the creation of the proposed District; (3) the proposed District will contain approximately 148.47 acres located within Fort Bend County, Texas; and (4) the proposed District is within the corporate boundaries of the City of Rosenberg, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2005-10 , effective May 17, 2005, the City of Rosenberg, 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. 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 $7,020,000.

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-200503446

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 17, 2005


Notice of Public Meeting and a Proposed General Permit Authorizing the Discharge of Storm Water and Certain Non-Storm Water from Small Municipal Separate Storm Sewer Systems

Under Section 26.040 of the Texas Water Code; the Texas Commission on Environmental Quality (TCEQ) proposes to issue a general permit (Proposed General Permit No. TXR040000) covering eligible storm water, and certain types of non-storm water, discharges to surface water in the state. The proposed general permit applies to the entire state of Texas.

The Executive Director has prepared a draft general permit, that provides requirements for regulated small Municipal Separate Storm Sewer System (MS4) operators to develop, implement, and maintain a Storm Water Management Program. The general permit specifies which MS4s must obtain permit coverage, which are eligible for waivers, and which must obtain individual permit coverage. Discharges by small MS4s of storm water, and certain types of non-storm water, are eligible for authorization under the proposed general permit only if the small MS4 is located within an urbanized area, as defined by the U.S. Bureau of Census for the 2000 Decennial Census. MS4s designated by the TCEQ as requiring authorization may also be permitted under the proposed general permit. Non-storm water discharges that are not specifically listed in the general permit are not authorized by the general permit.

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations, and has determined that the action is consistent with applicable CMP goals and policies.

A copy of the draft general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's sixteen (16) regional offices, and are available at http://www.tceq.state.tx.us/goto/draftms4gp.html

PUBLIC COMMENTS/PUBLIC MEETING. You may submit public comments about this general permit in writing or orally at the public meeting held by the TCEQ. The purpose of a public meeting is to provide an opportunity to submit comments and to ask questions about the general permit. A public meeting is not a contested case hearing. The public comment will end at the conclusion of the public meeting.

The TCEQ will hold a public meeting on this general permit at 7:00 p.m., Monday, September 29, 2005, at the Texas Commission on Environmental Quality, 12100 Park 35 Circle, Building F, Room 2210, Austin, Texas.

Written public comments must be received by the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 by the end of the public comment period on September 29, 2005.

APPROVAL PROCESS. After the comment period, the Executive Director will consider all the public comments and prepare a response. This draft permit was previously noticed and the initial comment period ended on November 15, 2002. The comments received during the initial comment period will also be addressed in the response. The response to comments will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this general permit. The general permit will then be set for the Commissioners' consideration at a scheduled Commission meeting.

MAILING LISTS. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.

INFORMATION. If you need more information about the permit or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

Further information may also be obtained by calling the TCEQ's Water Quality Division, Storm Water and Pretreatment Team, at (512) 239-4671.

Si desea informacion en Español, puede llamar 1-800-687-4040.

TRD-200503448

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 17, 2005


Notice of Water Quality Applications

The following notices were issued during the period of August 4, 2005 through August 16, 2005.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

CITY OF ASHERTON has applied for a renewal of TPDES Permit No. 13746-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 180,000 gallons per day. The facility is located 6,000 feet northeast of U.S. Highway 83 and 4,000 feet northwest of Farm-to-Market Road 190 in Dimmit County, Texas.

CITY OF BAIRD has applied for a renewal of TPDES Permit No. 10037-004, which authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 6,000 gallons per day. The facility is located at the southeast corner of 3rd Street and Walnut Street, approximately 450 feet south and 1,600 feet west of the intersection of State Highway 283 and Business Interstate Highway 20 in Callahan County, Texas.

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.1 has applied for a renewal of TPDES Permit No. 12332-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,400,000 gallons per day. The facility is located approximately 500 feet north of Mary's Creek, approximately 4,800 feet west of Farm-to-Market Road 1128 and approximately 1.2 miles south of Farm-to-Market Road 518 in Brazoria County, Texas.

CASTLETOP ENDEAVORS, LTD. has applied for a renewal of Permit No. 13902-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 33,800 gallons per day via recycle/reuse of 25,840 gpd for toilet flush water and land application of 4,960 gpd via subsurface drip irrigation of 3.9 acres of publicly accessible greenbelt. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located at 6304 Bee Cave Road, approximately 1,250 feet northwest of the intersection of Ranch-to-Market Road 2244 (Bee Cave Road) and State Highway Loop 360 (Capital of Texas Highway) in Travis County, Texas.

CITY OF CLAUDE has applied for a renewal of Permit No. 10042-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day via irrigation of 56 acres of land and evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 0.75 mile east of the intersection of U.S. Highway 287 and State Highway 207 (Hurley Avenue) in the City of Claude in Armstrong County, Texas.

CITY OF HEARNE has applied for a major amendment to TPDES Permit No. WQ0010046002 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 1,900,000 gallons per day to an annual average flow not to exceed 2, 400,000 gallons per day. The draft permit does not include 2,400,000 in the final phase because the applicant did not justify the need for the increase in flow. This permit action was drafted as a renewal with changes which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,200,000 gallons per day in the final phase. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,900,000 gallons per day. The facility is located one mile east of the intersection of U. S. Highway 190 and U. S. Highway 79 and Farm-to-Market Road 50 in Robertson County, Texas.

CITY OF HOUSTON has applied for a renewal of TNRCC Permit No. 10495-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 39,900,000 gallons per day for Outfall No. 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 54,000,000 gallons per day for Outfall No. 002, which authorizes the discharge of Belmont/Scott Wet Weather flow with a reporting requirement for Outfall No. 003, and which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 93,900,000 gallons per day for Outfall No. 004. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 39,900,000 gallons per day for Outfall No.001. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 54,000,000 gallons per day for Outfall No. 002. The draft permit authorizes the discharge of Belmont/Scott Wet Weather flow with a reporting requirement for Outfall No. 003. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 93,900,000 gallons per day for Outfall No. 004. The Sims Bayou North Wastewater Treatment Facilities are located at 9500 Lawndale, adjacent to the confluence of Plum Creek with Sims Bayou, in the City of Houston, in Harris County, Texas (Outfall No. 001). The Sims Bayou South Wastewater Treatment Facilities are located adjacent to and east of the intersection of Central Street and Old Galveston Road, in the City of Houston, in Harris County, Texas (Outfall No. 002). The Belmont/Scott Wet Weather Facility is located on the northeast side of the Houston Belt and Terminal railyard crossing, approximately 3,500 feet south of the intersection of Interstate Highway 45 and Calhoun Road, in the City of Houston, in Harris County, Texas (Outfall No. 003).

KLEBERG COUNTY has applied for a renewal of TPDES Permit No. 13374-003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 49,000 gallons per day. The facility is located in the southwest corner of the Town of Ricardo, approximately 0.1 mile west of U.S. Highway 77 and approximately 0.34 mile south of Farm-to-Market Road 1118 in Kleberg County, Texas.

CITY OF MARFA has applied for a renewal of Permit No. 10109-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day via surface irrigation of 62 acres of non-public access grassland. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 3,000 feet southeast of the intersection of U.S. Highway 290 and U.S. Highway 67 in Presidio County, Texas.

MARHABA PARTNERS LIMITED PARTNERSHIP has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014625001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility will be located 350 feet west of Lockwood Road, 3,850 feet south of the intersection of Beltway 8 Tollway and Lockwood Road in Harris County, Texas.

TOWN OF PECOS CITY has applied for a renewal of Permit No. 10245-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 1,600,000 gallons per day via surface irrigation of 450 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1.5 miles east of the intersection of U.S. Highway 80 and U.S. Highway 285 in Reeves County, Texas.

CITY OF RICHMOND has applied for a major amendment to TPDES Permit No. 10258-003 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 3,000,000 gallons per day to an annual average flow not to exceed 6,000,000 gallons per day. The facility is located at 220 Legion Drive on the northeast corner of Rabbs Bayou and Golfview Drive, approximately 300 feet north of Golfview Drive in Fort Bend County, Texas.

CITY OF ROSE CITY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014595001, to authorize the discharge of treated water treatment plant clarifier blowdown and filter backwash at a daily average flow not to exceed 7,000 gallons per day. The facility is located at the intersection of Rose City Drive and Old Highway 90 in Orange County, Texas.

ROYAL VALLEY UTILITIES, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014623001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located approximately 900 feet north and 3,960 feet east of the intersection of Evans Road and Rosenberg Katy Road (FM 723) in Fort Bend County, Texas.

THE CITY OF SONORA has applied for a renewal of TPDES Permit No. 10545-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 876,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 68.3 acres. The facility is located south of Sonora and south of Dry Devils River, approximately 6,000 feet south and 2,000 feet west of the intersection of U.S. Highway 277 and 290 in Sutton County, Texas.

CITY OF TOYAH has applied for a renewal of Permit No. 13572-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 18,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located immediately adjacent to and west of an unnamed county road, approximately 0.5 mile north of the San Martine Draw Diversion, and approximately 1.5 miles north-northwest of the intersection of Interstate Highway 20 and Farm-to-Market Road 2903 in Reeves County, Texas.

VALLEY MUNICIPAL UTILITY DISTRICT NO. 2 has applied for a major amendment to wastewater disposal Permit No. WQ0011348001 to authorize the addition of an outfall to discharge treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The current permit authorizes the disposal of treated domestic wastewater via surface irrigation of approximately 300 acres of surrounding golf course. The facility and disposal site are located on the west side of U.S. Highway 77 and U.S. Highway 83 approximately two miles northwest of Olmito, in Cameron County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

CITY OF WHITEWRIGHT has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize the reduction in the influent monitoring frequency from once per weekday to once per week. The facility is located approximately one block west of the intersection of Farm-to-Market Road 898 and the MK&T Railroad, north of the City of Whitewright in Grayson County, Texas.

TRD-200503447

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 17, 2005


Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 26, 2005 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 26, 2005 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: Alamo Concrete Products, Ltd.; DOCKET NUMBER: 2005-0993-WQ-E; IDENTIFIER: Regulated Entity Number (RN) 100248954; LOCATION: Victoria, Victoria County, Texas; TYPE OF FACILITY: concrete ready-mix; RULE VIOLATED: 30 TAC §305.125(1), Wastewater General Permit Number TXG110085, and the Code, §26.121(a), by failing to maintain compliance with permit effluent limits for total suspended solids (TSS); PENALTY: $1,680; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(2) COMPANY: City of Alpine; DOCKET NUMBER: 2004-0944-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 0220001, RN101176261; LOCATION: Alpine, Brewster County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.44(h)(4), by failing to have backflow prevention assemblies tested and certified; 30 TAC §290.46(m)(4), (r), and (t), and §290.44(d) and THSC, §341.0315(c), by failing to initiate maintenance and housekeeping practices, by failing to maintain all water related appurtenances in a watertight condition, by failing to design and operate the PWS to provide a minimum pressure of 35 pounds per square inch throughout the distribution system, and by failing to post a legible sign with the name of the water supply and an emergency telephone number; 30 TAC §290.121, by failing to maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.43(c)(1) - (4) and (e), by failing to equip roof vents with approved screens to prevent entry of animals, birds, insects, and heavy air contaminants, by failing to ensure that all hatches remain locked except during inspections and maintenance, by failing to provide gravity-hinged and weighted cover for overflows, by failing to equip all clearwells and water storage tanks with a liquid level indicator, and by failing to provide intruder resistant fencing; 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection for the pressure plane; and 30 TAC §290.42(e)(2), by failing to disinfect prior to distribution; PENALTY: $10,440; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(3) COMPANY: John Bannworth dba B & J Onion & Melon Company; DOCKET NUMBER: 2005-0898-MLM-E; IDENTIFIER: RN102700846; LOCATION: San Ygnacio, Zapata County, Texas; TYPE OF FACILITY: agricultural site; RULE VIOLATED: 30 TAC §330.5(a), by failing to prevent the disposal of municipal solid waste at an unauthorized disposal site; and 30 TAC §111.201 and THSC, §382.085(b), by failing to obtain authorization before conducting an outdoor burning operation; PENALTY: $1,280; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(4) COMPANY: Bank of America, National Association dba Painted Dunes Golf Course; DOCKET NUMBER: 2005-0495-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 58639, RN100816651; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: golf course with on-site petroleum storage tanks; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to amend the registration; 30 TAC §334.8(c)(4)(A)(vii) and (5)(A)(i) and (B)(ii) and (C), by failing to renew a delivery certificate, by failing to make available to a common carrier a valid, current delivery certificate, and by failing to ensure that all tanks are properly labeled; 30 TAC §334.50(b)(1)(B)(iii)(I) and (d)(1)(B)(ii), by failing to take tank measurements for regulated substances each operating day and by failing to reconcile inventory records monthly; and 30 TAC §334.10(b), by failing to have the required underground storage tank (UST) records maintained, readily accessible, and available for inspection; PENALTY: $12,480; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(5) COMPANY: Brasada Ford, Limited dba Northside Ford; DOCKET NUMBER: 2004-1976-EAQ-E; IDENTIFIER: RN101993012; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: automobile dealership; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an aboveground storage tank facility plan; PENALTY: $2,880; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Chevron Phillips Chemical Company, LP; DOCKET NUMBER: 2005-0406-AIR-E; IDENTIFIER: Air Account Number JE0508W, RN100209857; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: industrial organic chemical manufacturing; RULE VIOLATED: 30 TAC §106.6(b), New Source Review (NSR) Permit by Rule Registration Number 53068, and THSC, §382.085(b), by failing to limit emissions; PENALTY: $5,560; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Chevron Phillips Chemical Company, LP; DOCKET NUMBER: 2004-0231-AIR-E; IDENTIFIER: RN102320850; LOCATION: Borger, Hutchinson County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.715(b), NSR Permit Number 21918, and THSC, §382.085(b), by failing to comply with the sulfur dioxide cap; PENALTY: $2,640; ENFORCEMENT COORDINATOR: Sam Short, (512) 239-5363; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(8) COMPANY: Muhammad Aslam dba Convenient Food Mart; DOCKET NUMBER: 2005-0620-PST-E; IDENTIFIER: PST Facility Identification Number 39577, RN102374170; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.7(c) and the Code, §26.346(a), by failing to register the new UST on an authorized agency form; and 30 TAC §334.8(c)(4)(C) and (5)(A)(i) and the Code, §26.346(a), by failing to ensure that the UST registration and self-certification was made within 30 days of ownership change and by failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(9) COMPANY: Devon Gas Services L.P.; DOCKET NUMBER: 2005-0832-AIR-E; IDENTIFIER: RN100222579; LOCATION: Anderson, Grimes County, Texas; TYPE OF FACILITY: natural gas treating and dehydration; RULE VIOLATED: 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit the required semiannual deviation report; PENALTY: $2,180; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: Expert Enterprises, Inc. dba Metro Mart 7; DOCKET NUMBER: 2005-0720-PST-E; IDENTIFIER: PST Facility Identification Number 36618, RN101634293; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,280; ENFORCEMENT COORDINATOR: Sandra Anaya, (512) 239-0572; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(11) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2005-0289-AIR-E; IDENTIFIER: Air Account Number HG0232Q, NSR Flexible Permit Number 18287, and PSD-TX-730M3, RN102579307; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: petroleum refining; RULE VIOLATED: 30 TAC §116.715(a), Flexible Permit Number 18287 and PSD-TX-730M3, and THSC, §382.085(b), by failing to comply with the emissions sources maximum allowable emission rate table during emissions events; PENALTY: $63,900; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Exxon Mobil Oil Corporation; DOCKET NUMBER: 2004-2052-AIR-E; IDENTIFIER: Air Account Number JE0062S, RN100542844; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), Permit Number 7799, and THSC, §382.085(b), by failing to obtain regulatory authority or meet the demonstration requirements of 30 TAC §101.222 for emissions; and 30 TAC §101.201(a)(2)(H), (b)(8), and (c), and THSC, §382.085(b), by failing to identify in the initial report for an emissions event, the estimated total quantities and the authorized emissions limits, and by failing to submit a copy of the final record for a reportable emissions event; PENALTY: $3,763; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(13) COMPANY: FFP Operating Partners, L.P.; DOCKET NUMBER: 2005-0807-PST-E; IDENTIFIER: RN102343118; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $760; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: William G. Fittro; DOCKET NUMBER: 2005-0839-LII-E; IDENTIFIER: RN104573993; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §30.5(a) and (b) and §344.4(a), the Code, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigation license issued prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system; PENALTY: $500; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Girl Scouts of Tejas Council Endowment Foundation dba Whispering Cedars Camp; DOCKET NUMBER: 2005-0558-PWS-E; IDENTIFIER: RN101209013; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: transient non-community water system; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i), (c)(3)(A)(ii), and (f)(3) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect a routine monitoring sample, failing to provide public notice of the failure to collect routine samples, failing to conduct repeat sampling following coliform-positive results, and exceeding the nonacute maximum contaminant level for total coliform bacteria; PENALTY: $1,980; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: City of Goodrich; DOCKET NUMBER: 2005-0820-PWS-E; IDENTIFIER: RN101193266; LOCATION: near Goodrich, Polk County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1), by failing to take the special precaution of issuing a boil water notice following repairs made to the distribution system; and 30 TAC §290.46(e)(2)(A), by failing to obtain the approval of a licensed water works operator prior to placing the repaired distribution facilities into service; PENALTY: $280; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(17) COMPANY: City of Houston; DOCKET NUMBER: 2004-1136-AIR-E; IDENTIFIER: Air Account Numbers HG0144O and HE0143Q, RN100217603 and RN100217140; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual Title V compliance certification; 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit a deviation report; 30 TAC §122.132(e)(11) and THSC, §382.085(b), by failing to include in an application for a federal operating permit all preconstruction authorizations that are applicable to emission units at the site; 30 TAC §116.115(b)(1) and (c), §101.20(2), Federal Operating Permit Numbers O-01586 and O-01584, Permit Number 5245, and THSC, §382.085(b), by failing to comply with the emission limits for the flash dryers, and by failing to perform the periodic monitoring to determine mercury emissions; 30 TAC §115.247(2), Federal Operating Permit Number O-01586, and THSC, §382.085(b), by failing to comply with the annual reporting requirements for motor vehicle fuel dispensing facilities exempt from Stage II; 30 TAC §122.144(1) and THSC, §382.085(b), by failing to maintain records of all required monitoring data and support information; 30 TAC §117.219(f)(10) and THSC, §382.085(b), by failing to maintain records of each time the emergency generator diesel engine is operated for testing and maintenance; and 30 TAC §122.143(4) and (13), §122.144(3), Federal Operating Permit Number O-01584, and THSC, §382.085(b), by failing to conduct an observation of visible emissions of stationary vents, by failing to conduct an observation of visible emissions from a building, enclosed facility, or other structure, by failing to maintain a copy of the Title V permit on site, and by failing to maintain on site, a copy of the sludge sampling records; PENALTY: $40,348; ENFORCEMENT COORDINATOR: Jaime Garza, (915) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Syed N. Hyder; DOCKET NUMBER: 2005-0648-MWD-E; IDENTIFIER: RN102097789; LOCATION: College Station, Brazos County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 0011778001, and the Code, §26.121(a), by failing to comply with effluent limitations for TSS and by failing to provide monitoring results at the intervals specified in the permit; PENALTY: $4,576; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(19) COMPANY: Johann Haltermann, Limited; DOCKET NUMBER: 2005-0287-AIR-E; IDENTIFIER: Air Account Number HG0929Q, RN102610912; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: industrial organic chemical manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b), by failing to prevent unauthorized emissions from being released into the atmosphere; and 30 TAC §101.201(a)(1)(B) and (c) and THSC, §382.085(b), by failing to properly notify the agency of a reportable emissions event; PENALTY: $5,712; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Hal Kilpatrick, II; DOCKET NUMBER: 2005-0743-IRR-E; IDENTIFIER: RN104530878; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: irrigation system; RULE VIOLATED: 30 TAC §30.5(a) and §344.44(a), the Code, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, and maintaining an irrigation system; PENALTY: $200; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: William Donald Smith dba Kingmont Mobil Home Park; DOCKET NUMBER: 2005-0790-PWS-E; IDENTIFIER: RN101283331; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.41(c)(1)(F) and (3)(O), by failing to provide a sanitary control easement for the well and by failing to maintain the intruder resistant fence; 30 TAC §290.43(c) and §290.46(m), by failing to maintain the facility; 30 TAC §290.45(b)(1)(F)(i) and (iii) and THSC, §341.0315(c), by failing to have a minimum well capacity of 0.6 gallons per minute (gpm) per connection and by failing to have two or more service pumps having a total capacity of two gpm per connection; 30 TAC §290.46(f)(3)(A), (m)(1)(A) and (B), and (4), by failing to provide the monthly water works operating reports for the previous two years, by failing to inspect the ground storage tank annually, by failing to inspect the pressure tank annually, and by failing to maintain the pressure tank in a watertight condition, and 30 TAC §21.4 and §290.51(a)(3) and the Code, §5.702, by failing to pay outstanding public health service and consolidated water quality fees; PENALTY: $1,218; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: L.F. Manufacturing, Inc.; DOCKET NUMBER: 2005-0626-AIR-E; IDENTIFIER: Air Account Number LF0053U, RN100214642; LOCATION: Giddings, Lee County, Texas; TYPE OF FACILITY: fiberglass reinforced plastic products manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 25301, and THSC, §382.085(b), by failing to comply with the maximum allowable emissions rates listed in Permit Number 25301; PENALTY: $3,020; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(23) COMPANY: City of Lago Vista; DOCKET NUMBER: 2005-0593-MWD-E; IDENTIFIER: RN101609683; LOCATION: Lago Vista, Travis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11752001, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for flow, total chlorine, dissolved oxygen, and TSS; PENALTY: $6,720; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(24) COMPANY: Lee County Petroleum, Inc.; DOCKET NUMBER: 2005-0248-PST-E; IDENTIFIER: PST Facility Identification Number 44440, RN102472347; LOCATION: Del Valle, Travis County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(25) COMPANY: Mehrin Investments, Inc.; DOCKET NUMBER: 2005-0894-PST-E; IDENTIFIER: RN101870863; LOCATION: Silsbee, Hardin County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and the Code, §26.3475(c)(1), by failing to monitor the USTs for releases, by failing to have each pressurized line tested or monitored for releases, and by failing to have line leak detectors tested; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory procedures for all UST systems; PENALTY: $3,080; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(26) COMPANY: Onyx Environmental Services, L.L.C.; DOCKET NUMBER: 2005-0039-IHW-E; IDENTIFIER: Industrial and Hazardous Waste Permit Number 50212, RN102599719; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: commercial incineration; RULE VIOLATED: 30 TAC §335.2(b), by failing to properly dispose of hazardous waste; and 30 TAC §335.323 and the Code, §5.702, by failing to pay fees; PENALTY: $5,120; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(27) COMPANY: Floyd Overall dba Overall Grocery; DOCKET NUMBER: 2005-0722-PST-E; IDENTIFIER: PST Facility Identification Number 38958, RN102277308; LOCATION: New Caney, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,280; ENFORCEMENT COORDINATOR: Sandra Anaya, (512) 239-0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(28) COMPANY: City of Paint Rock; DOCKET NUMBER: 2005-0684-PWS-E; IDENTIFIER: RN101451730; LOCATION: Paint Rock, Concho County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(b)(1) and (2) and (f)(4) and (5) and THSC, §341.0315(c), by exceeding the maximum contaminant level for haloacetic acids and total trihalomethanes; PENALTY: $448; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(29) COMPANY: Rohm and Haas Texas Incorporated; DOCKET NUMBER: 2005-0152-AIR-E; IDENTIFIER: Air Account Number HG0632T, Air Permit Number 8838, RN100223205; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 8838, and THSC, §382.085(b), by failing to comply with the permitted emissions limit of 0.25 pounds per hour of volatile organic compounds; 30 TAC §116.110(a) and THSC, §382.085(b), by failing to prevent an avoidable emissions event; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to notify the commission of an emissions event; PENALTY: $15,600; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: Septic Hydro-Tec, Inc.; DOCKET NUMBER: 2005-0768-MLM-E; IDENTIFIER: RN103151155; LOCATION: Goodrich, Polk County, Texas; TYPE OF FACILITY: wastewater treatment and public water supply; RULE VIOLATED: 30 TAC §30.331(b) and the Code, §26.0301(b) and (c) and §37.003, by failing to obtain a valid occupational license to operate a domestic wastewater treatment facility or to register as a wastewater operations company; and 30 TAC §30.381(b), the Code, §37.003, and THSC, §341.034(a), by failing to obtain a valid occupational license to operate a public water system or to register as a public water system operations company; PENALTY: $400; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(31) COMPANY: Sharp Ram Corporation dba Gainesville Truck Stop; DOCKET NUMBER: 2005-0664-PST-E; IDENTIFIER: PST Facility Identification Number 76148, RN102027372; LOCATION: Gainesville, Cooke County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and (2)(A)(i)(III), and the Code, §26.3475(a) and (c)(1), by failing to monitor USTs for releases, by failing to monitor the piping of the UST system, and by failing to have the line leak detector tested; 30 TAC §334.48(c), by failing to conduct inventory control for all USTs; 30 TAC §334.10(b), by failing to maintain the spill and overfill control records; and 30 TAC §334.45(e)(2)(D), by failing to ensure that all fill pipes were equipped with a removable or permanent factory constructed drop tube; PENALTY: $5,200; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(32) COMPANY: Steubner-Airline CVS, L.P.; DOCKET NUMBER: 2005-0920-PWS-E; IDENTIFIER: RN102878139; LOCATION: Spring, Harris County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and THSC, §341.033(d), by failing to collect routine bacteriological monitoring samples; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay outstanding public health service fees; PENALTY: $2,363; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(33) COMPANY: Texas Molecular Limited Partnership; DOCKET NUMBER: 2005-0879-AIR-E; IDENTIFIER: RN100209568; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: hazardous waste treatment, storage, and disposal plant; RULE VIOLATED: 30 TAC §101.201(a)(2)(B) and (D) and (b)(4), and THSC, §382.085(b), by failing to submit an initial electronic notification of a reportable emissions event; and THSC, §382.085(a), by failing to prevent unauthorized emissions; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(34) COMPANY: Texas State Aquarium Association; DOCKET NUMBER: 2005-0827-PST-E; IDENTIFIER: RN101858876; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: aquarium; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date of the delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(35) COMPANY: Tiki Leasing Company, Limited dba Cedar Grove Mobile Home Park; DOCKET NUMBER: 2003-1392-MWD-E; IDENTIFIER: TPDES Permit Number 0013865-001; LOCATION: Pearland, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0013865-001, and the Code, §26.121(a), by failing to comply with the permit limit for total ammonia nitrogen and flow; PENALTY: $6,682; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(36) COMPANY: Union Water Supply Corporation; DOCKET NUMBER: 2005-0905-PWS-E; IDENTIFIER: RN101275329; LOCATION: near Garciasville, Starr County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(b)(1) and (2) and (f)(4) and (5), and THSC, §341.0315(c), by failing to comply with the maximum contaminant level for total trihalomethanes and haloacetic acids; PENALTY: $768; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(37) COMPANY: James Hall dba White's Chevron; DOCKET NUMBER: 2005-0808-PST-E; IDENTIFIER: PST Facility Identification Number 11499, RN102363298; LOCATION: Lone Star, Morris County, Texas; TYPE OF FACILITY: automobile service with retail sales of gasoline and diesel; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $760; ENFORCEMENT COORDINATOR: Howard Willoughby, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(38) COMPANY: Wilbarger County; DOCKET NUMBER: 2004-1486-PST-E; IDENTIFIER: PST Facility Identification Number 53280, RN102790193; LOCATION: Harrold, Wilbarger County, Texas; TYPE OF FACILITY: county barn with fleet refueling center; RULE VIOLATED: 30 TAC §334.72, by failing to report to the commission a suspected release from the aboveground storage tank; 30 TAC §334.72, by failing to immediately investigate and confirm all suspected releases of regulated substances; and 30 TAC §334.127(e)(2), by failing to completely and accurately fill out and submit the registration forms; PENALTY: $7,600; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

TRD-200503420

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 16, 2005


Department of Family and Protective Services

Notice of Public Meeting - Minimum Standards for Residential Child-Care Facilities and Child-Placing Agencies

The Texas Department of Family and Protective Services (DFPS) will conduct a public meeting on Thursday, September 22, 2005, from 2:00 p.m. until 6:00 p.m., at the John H. Winters Building, Public Hearing Room 125 E, 701 West 51st Street, Austin, Texas, on proposed changes to minimum standards for residential child-care facilities and child-placing agencies. Working drafts of these standards can be viewed on the DFPS website at: http://www.dfps.state.tx.us/Child_Care/Survey/.

In lieu of or in addition to oral testimony, members of the public may comment in writing via e-mail at RCCLStandards@dfps.state.tx.us or mail to Child Care Licensing, DFPS, MC E-550; Attn: Working Draft Standards; P.O. Box 149030; Austin, Texas 78714-9030.

Meeting contact person: Michele Adams, MC E-550, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-3262.

Persons with disabilities planning to attend this meeting who may need auxiliary aids or services are asked to contact Michele Adams, (512) 438-3262, by September 16, 2005, so that appropriate arrangements can be made.

TRD-200503419

Gerry Williams

General Counsel

Department of Family and Protective Services

Filed: August 16, 2005


Texas Health and Human Services Commission

Notice of Adopted Nursing Facility Payment Rates for State Veterans Homes

Proposal. As the single state agency for the state Medicaid program, the Health and Human Services Commission (HHSC) adopts the following per diem payment rates for the state-owned veterans nursing facilities for state fiscal year (SFY) 2005 effective July 1, 2005: McAllen, $126.00; and August 1, 2005: El Paso, $126.00. A per diem payment rate of $133 is adopted for SFY 2006 effective September 1, 2005 for both the McAllen and El Paso facilities.

HHSC conducted a public hearing to receive public comment on the proposed payment rates for state-owned veterans homes in the nursing facility program operated by the Texas Department of Aging and Disability Services. The hearing was held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing was held on June 28, 2005, at 9:00 a.m. in the Permian Basin Conference Room of Building H, Braker Center, at 11209 Metric Blvd., Austin, Texas 78758-4021.

Methodology and justification. The adopted rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.311.

TRD-200503340

Lee Dickinson

Assistant General Counsel

Texas Health and Human Services Commission

Filed: August 11, 2005


Public Notice

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number TX 05-007, Amendment Number 704, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

Amendment Number 704 is necessary to support the efforts of local safety net hospitals to provide for health care services for the indigent population in their community. HHSC proposes to change the current applied conversion factors for hospitals based on available funds.

The proposed amendment is to be effective September 1, 2005, and HHSC has determined that during the first 5-year period the amended rule is in effect there will be no fiscal impact to state government.

If additional information is needed, please contact Arnulfo Gomez by telephone at (512) 491-1166 or by e-mail at arnulfo.gomez@hhsc.state.tx.us.

TRD-200503431

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: August 17, 2005


Public Notice

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number TX 05-012, Amendment Number 709, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

Consistent with the amounts appropriated to the Texas Medicaid program, the proposed amendment extends two provisions for in-patient hospital services, which would otherwise expire on August 31, 2005, to August 31, 2007. The first provision explains the time period during which HHSC will not rebase or recalculate the standard dollar amount (SDA) for each payment division. The second provision explains the time period during which HHSC will not apply a cost of living index to the SDA. Finally, the proposed amendment increases the limit on the amount of high volume payments.

The effective date of the amendment is September 1, 2005, and is expected to result in decreased expenditures of $354,000 in general funds over the next two fiscal years.

To obtain copies of the proposed amendment, interested parties may contact Arnulfo Gomez by telephone at (512) 491-1166 or by e-mail at arnulfo.gomez@hhsc.state.tx.us.

TRD-200503432

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: August 17, 2005


Public Notice Statement

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 05-006, Amendment Number 703, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The purpose of this amendment is to revise the reimbursement methodology for private duty nursing services under Early and Periodic Screening, Diagnosis and Treatment (EPSDT) services to allow reimbursement for delegated skilled nursing tasks delegated to a qualified aide by a registered nurse (RN) in accordance with the licensure standards promulgated by the Texas Board of Nurse Examiners (BNE) and for assessment services.

The proposed amendment is to be effective September 1, 2005. The proposed amendment is estimated to result in annual aggregate cost savings of approximately ($1 million) for state fiscal year (SFY) 2006, with approximately ($621,358.54) federal funds cost savings and approximately ($402,633.78) state general revenue cost savings, and annual aggregate cost savings of approximately ($2.55 million) for SFY 2007, with approximately ($1.55 million) federal funds cost savings and approximately ($1.0 million) state general revenue cost savings.

To obtain copies of the proposed amendment, interested parties may contact Merle Moden by mail at Rate Analysis for Acute Care Services, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1347; by facsimile at (512) 491-1983; or by e-mail at merle.moden@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200503362

Lee Dickinson

Assistant General Counsel

Texas Health and Human Services Commission

Filed: August 12, 2005


Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200503430

Cathy Campbell

General Counsel

Department of State Health Services

Filed: August 17, 2005


Texas Department of Housing and Community Affairs

Notice of Public Hearing

Multifamily Housing Revenue Bonds (The Oakmoor Apartments F/K/A Airport Boulevard Apartments) Series 2005

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at James Madison High School, 13719 White Heather, Houston, Harris County, Texas 77045, at 6:00 p.m. on September 12, 2005 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Airport Boulevard Apartments, Ltd., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing, and equipping a multifamily housing development (the "Development") described as follows: 248-unit multifamily residential rental development to be located on the south side of Airport Boulevard, approximately one half of a mile east of Almeda and approximately three quarters of a mile west of State Highway 288 South, Harris County, Texas. Upon the issuance of the Bonds, the Development will be owned by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Robbye Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-2213; and/or robbye.meyer@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Robbye Meyer in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Robbye Meyer at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

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

TRD-200503404

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: August 15, 2005


Texas Department of Insurance

Company Licensing

Application to change the name of A.M.H. INSURANCE COMPANY to AMERICAN MODERN HOME INSURANCE COMPANY, a Foreign Fire and/or Casualty company. The home office is in Amelia, Ohio.

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

TRD-200503441

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: August 17, 2005


Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer

Notice is given to the public of the application of the listed small employer health benefit plan issuer to be a risk-assuming health benefit plan issuer under §1501.312, Texas Insurance Code. A small employer health benefit plan issuer is defined by §1501.002(16), Texas Insurance Code, as a health benefit plan issuer offering, delivering, issuing for delivery, or renewing health benefit plans subject to Subchapters C-H of Chapter 1501, Texas Insurance Code. A risk-assuming health benefit plan issuer is defined by §1501.301(4), Texas Insurance Code, as a small employer health benefit plan issuer that does not participate in the Texas Health Reinsurance System. The following small employer health benefit plan issuer has applied to be a risk-assuming health benefit plan issuer:

Pacific Life & Annuity Company

The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal & Compliance Division - Archie Clayton, 333 Guadalupe, Tower I, Room 860, Austin, Texas.

If you wish to comment on the application of Pacific Life & Annuity Company to be a risk-assuming health benefit plan issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-91204. Upon consideration of the application and comments, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the applicant to be a risk-assuming health benefit plan issuer.

TRD-200503338

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: August 10, 2005


Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer

Notice is given to the public of the application of the listed small employer health benefit plan issuer to be a risk-assuming health benefit plan issuer under §1501.312, Texas Insurance Code. A small employer health benefit plan issuer is defined by §1501.002(16), Texas Insurance Code, as a health benefit plan issuer offering, delivering, issuing for delivery, or renewing health benefit plans subject to Subchapters C-H of Chapter 1501, Texas Insurance Code. A risk-assuming health benefit plan issuer is defined by §1501.301(4), Texas Insurance Code, as a small employer health benefit plan issuer that does not participate in the Texas Health Reinsurance System. The following small employer health benefit plan issuer has applied to be a risk-assuming health benefit plan issuer:

The Mega Life and Health Insurance Company

The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal & Compliance Division - Archie Clayton, 333 Guadalupe, Tower I, Room 860, Austin, Texas.

If you wish to comment on the application of The Mega Life and Health Insurance Company to be a risk-assuming health benefit plan issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-91204. Upon consideration of the application and comments, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the applicant to be a risk-assuming health benefit plan issuer.

TRD-200503392

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: August 15, 2005


Third Party Administrator Applications

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

Application for incorporation in Texas of HOUSTON TPA, LTD, (using the assumed name of HEALTH ADMINISTRATION SERVICES), a domestic third party administrator. The home office is IRVING, TEXAS.

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

TRD-200503391

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: August 15, 2005


Texas Lottery Commission

Instant Game Number 552 "Cashword"

1.0 Name and Style of Game.

A. The name of Instant Game No. 552 is "CASHWORD". The play style is "key symbol match with a prize legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 552 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 552.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, and blackened square.

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

Figure 1: GAME NO. 552 - 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. 552 - 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 $3.00, $5.00, $10.00, or $20.00.

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

I. High-Tier Prize - A prize of $5,000 or $35,000.

J. Bar Code - A 22 (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 (552), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 552-0000001-001.

L. Pack - A pack of "CASHWORD" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 125 will be revealed on the back of the pack. Every other book will reverse i.e., reverse order will be: the back of ticket 001 will be shown on the front of the pack and the front of ticket 125 will be shown on the back of the pack. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack.

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 "CASHWORD" Instant Game No. 552 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 "CASHWORD" Instant Game is determined once the latex on the ticket is scratched off to expose 139 (one hundred thirty-nine) possible play symbols. The player must scratch off all 18 (eighteen) boxed squares in the YOUR LETTERS play area to reveal 18 play symbol letters; then scratch the corresponding letters found in the CASHWORD puzzle grid play area. If a player scratches at least three (3) complete "words" in the CASHWORD puzzle grid play area, the player will win the corresponding prize indicated in the prize legend. For each of the 18 play symbol letters revealed in YOUR LETTERS play area, the player must reveal the identical key play symbol letter in the CASHWORD puzzle grid play area. Letters combined to form a complete "word" must appear in an unbroken horizontal (left to right) sequence or vertical (top to bottom) sequence of letters within the CASHWORD puzzle grid. Only letters within the CASHWORD puzzle grid that are matched with the YOUR LETTERS can be used to form a complete "word". The three (3) small letters outside the squares in the YOUR LETTERS area are for validation purposes and cannot be used to play CASHWORD. In the CASHWORD puzzle grid, every lettered square within an unbroken horizontal or vertical sequence must be matched with the YOUR LETTERS to be considered a complete "word". Words within a word are not eligible for a prize. For example, all the YOUR LETTERS play symbols S, T, O, N, E, must be revealed for this to count as one complete "word". TON, ONE or any other portion of the sequence of STONE would not count as a complete "word". A complete "word" must contain at least three letters. Letters combined to form a complete "word" must appear in an unbroken vertical (top to bottom) or horizontal (left to right) string of letters in the CASHWORD. To form a complete word, an unbroken string of letters cannot be interrupted by a block space. Any other words contained within a complete word are not added or counted for purposes of prize legend. Every single letter in the vertical or horizontal (left to right)` unbroken string must: (a) be one of the 18 larger outlined play symbols letters revealed in the play area, YOUR LETTERS, and (b) be included to form a complete "word". The possible complete words for this ticket are contained in the CASHWORD play area. Each possible complete word must consist of three (3) or more letters and occupy an entire word space. Players must match all of the play symbol letters to the identical key play symbols in a possible complete word in order to complete the word. If the letters revealed form three (3) or more complete words each of which occupy a complete word space on the CASHWORD play area, the player will win the corresponding prize shown in the prize legend for forming that number of complete words. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. One hundred thirty-nine (139) possible Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have 139 (one hundred thirty-nine) possible Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 139 (one hundred thirty-nine) possible Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 139 (one hundred thirty-nine) possible Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. Adjacent tickets in a pack will not have identical patterns.

C. Each ticket consists of a Your Letters area and one Crossword Puzzle Grid.

D. The Crossword Puzzle Grid will be formatted with at least 1000 configurations (i.e. puzzle layouts not including words).

E. All Crossword Puzzle Grid configurations will be formatted within a grid that contains 11 spaces (height) by 11 spaces (width).

F. Each word will appear only once per ticket on the Crossword Puzzle Grid.

G. Each letter will only appear once per ticket in the YOUR LETTERS play area.

H. Each Crossword Puzzle Grid will contain the following: a) 4 sets of 3 letter words b) 5 sets of 4 letter words c) 3 sets of 5 letter words d) 3 sets of 6 letter words e) 1 set of 7 letter words f) 2 sets of 8 letter words g) 1 set of 9 letter words. h) 19 words per puzzle per ticket.

I. There will be a minimum of three (3) vowels in the YOUR LETTERS play area.

J. The length of words found in the Crossword Puzzle Grid will range from 3-9 letters.

K. Only words from the approved word list will appear in the Crossword Puzzle Grid.

L. None of the prohibited words (see attached list) will appear horizontally (in either direction), vertically, (in either direction) or diagonally (in either direction) in the Cashword puzzle grid.

M.You will never find a word horizontally (in either direction), vertically (in either direction) or diagonally (in either direction) in the YOUR LETTERS play area that matches a word in the Crossword Puzzle Grid.

N. Each Crossword Puzzle Grid will have a maximum number of different grid formations with respect to other constraints. That is, for identically formatted Crossword puzzles (i.e. the same grid), all "approved words" will appear in every logical (i.e. 3 letter word = 3 letter space) position, with regards to limitations caused by the actual letters contained in each word (i.e. will not place the word ZOO in a position that causes an intersecting word to require the second letter to be "Z", when in fact, there are no approved words with a "Z" in the second letter position).

O. No one (1) letter, with the exception of vowels, will appear more than nine (9) times in the Crossword Puzzle grid.

P. No ticket will match eleven (11) words or more.

Q. Each ticket may only win one (1) prize.

R. Three (3) to ten (10) completed words will be revealed as per the prize structure.

S. NON-WINNING TICKETS: Sixteen (16) to eighteen (18) YOUR LETTERS will open at least one (1) letter in the CASHWORD Puzzle Grid.

2.3 Procedure for Claiming Prizes.

A. To claim a "CASHWORD" Instant Game prize of $3.00, $5.00, $10.00, $20.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "CASHWORD" Instant Game prize of $5,000 or $35,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "CASHWORD" 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 "CASHWORD" 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 "CASHWORD" 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 therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefore. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

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

4.0 Number and Value of Instant Prizes. There will be approximately 12,000,000 tickets in the Instant Game No. 552. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 552 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 552 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. 552, 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-200503413

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 16, 2005


Instant Game Number 609 "Super Lucky 7's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 609 is "SUPER LUCKY 7’S". The play style for Game 1 is "key symbol match". The play style for Game 2 is "three in a line". The play style for Game 3 is "add up". The play style for Game 4 is "key symbol match with doubler". The play style for Game 5 is "key number match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 609 shall be $7.00 per ticket.

1.2 Definitions in Instant Game No. 609.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 7 SYMBOL, X SYMBOL, [ ] SYMBOL, ONE DICE SYMBOL, TWO DICE SYMBOL, THREE DICE SYMBOL, FOUR DICE SYMBOL, FIVE DICE SYMBOL, SIX DICE SYMBOL, GOLD BAR SYMBOL, STACK OF BILLS SYMBOL, DOLLAR SIGN SYMBOL, BOOT SYMBOL, SADDLE SYMBOL, HAT SYMBOL, SPUR SYMBOL, HORSE SYMBOL, STAR SYMBOL, HORSE SHOE SYMBOL, POT OF GOLD SYMBOL, MONEY BAG SYMBOL, DIAMOND SYMBOL, FIRE SYMBOL, STACK OF COINS SYMBOL, $1.00, $2.00, $5.00, $7.00, $10.00, $11.00, $27.00, $77.00, $100, $577, $1,000, $7,000 and $77,777.

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. 609 - 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. 609 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

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

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

I. High-Tier Prize - A prize of $7,000 or $77,777.

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 (609), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 609-0000001-001.

L. Pack - A pack of "SUPER LUCKY 7’S" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SUPER LUCKY 7’S" Instant Game No. 609 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 "SUPER LUCKY 7’S" Instant Game is determined once the latex on the ticket is scratched off to expose 50 (fifty) Play Symbols. In GAME 1, if a player reveals a "7" play symbol in either spot in the play area the player will win the prize indicated for that spot. In GAME 2, if a player reveals three "7’s" in any one horizontal row or vertical column the player will win prize in the corresponding arrow. In GAME 3, if the player’s dice totals 11 within a ROLL the player will win the prize indicated for that roll. If the player’s dice total 7 within a ROLL the player will win double the prize indicated for that roll. In GAME 4, if a player reveals three matching play symbols in any one horizontal row across the player will win the prize indicated for that horizontal row. If a player reveals three "7" play symbols in any one horizontal row across the player will win double the prize indicated for that horizontal row. In GAME 5, if a player matches any of the YOUR NUMBERS play symbols to the WINNING NUMBER play symbol the player will win the prize indicated for that number. If a player reveals a "7" play symbol the player will win double the prize indicated instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 50 (fifty) 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 50 (fifty) 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 50 (fifty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 50 (fifty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. Although not all prizes can be won in all locations, non-winning prize symbols may be used in any of the 14 prize locations on the ticket.

C. Game 1: No duplicate non-winning prize symbols.

D. Game 1: No duplicate non-winning play symbols.

E. Game 1: The 7 symbol will only appear as dictated by the prize structure.

F. Game 2: The 7 symbol will appear a minimum of 4 times.

G. Game 2: There will be no occurrence of 3 like symbols appearing in a row or column other than the 7 symbol as dictated by the prize structure.

H. Game 2: There will be no occurrence of any symbol appearing 3 times in either diagonal direction.

I. Game 2: This game may only win once on a ticket as dictated by the prize structure.

J. Game 3: No duplicate non-winning prize symbols.

K. Game 3: No duplicate non-winning rolls.

L. Game 3: The appearance of rolls totaling 7 or 11 will be as dictated by the prize structure.

M. Game 4: No duplicate non-winning prize symbols.

N. Game 4: No duplicate non-winning rows.

O. Game 4: The doubler symbol will only appear as dictated by the prize structure.

P. Game 4: There will be no occurrence of 3 like non-winning symbols in an adjacent vertical or diagonal line.

Q. Game 5: A non-winning prize symbol will never be the same as a winning prize symbol.

R. Game 5: The doubler symbol will only appear on intended winners as dictated by the prize structure.

S. Game 5: No duplicate non-winning prize symbols.

T. Game 5: No duplicate non-winning play symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "SUPER LUCKY 7’S" Instant Game prize of $7.00, $11.00, $17.00, $27.00, $47.00, $77.00, $177, or $577, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $47.00, $77.00, $177, or $577 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "SUPER LUCKY 7’S" Instant Game prize of $7,000 or $77,777, 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 "SUPER LUCKY 7’S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 609. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 609 - 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. 609 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. 609, 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-200503414

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 16, 2005


Instant Game Number 612 "Holiday Bingo"

1.0 Name and Style of Game.

A. The name of Instant Game No. 612 is "HOLIDAY BINGO". The play style is "bingo.".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 612 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 612.

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: B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75 and FREE.

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. 612 - 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. 612 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be: 0000000000000.

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

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

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

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (612), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 612-0000001-001.

L. Pack - A pack of "HOLIDAY BINGO" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 125 will be revealed on the back of the pack. Every other book will reverse i.e., the back of ticket 001 will be shown on the front of the pack and the front of ticket 125 will be shown on the back of the pack.

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 BINGO" Instant Game No. 612 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 BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 130 (one hundred thirty) play symbols. The player must scratch off the CALLER’S CARD area to reveal 24 (twenty-four) Bingo Numbers and six (6) Bonus Numbers. The player must mark all the BINGO NUMBERS on Cards 1 through 4 that match the Bingo Numbers and Bonus Numbers on the Caller’s Card. Each card has a corresponding prize box. Players win by matching those same numbers on the four Player’s Cards. If the player finds a diagonal, vertical or horizontal straight line, the four corners of the grid, or an X pattern, they win a prize according to the legend of the respective playing grid. Examples of play: If a player matches all bingo numbers plus the Free Space in a complete horizontal, vertical, or diagonal line pattern in any one card the player wins prize according to the legend of the respective playing card. If the player matches all bingo numbers in all four (4) corners pattern in any one card the player wins prize according to the legend of the respective playing card. If the player matches all bingo numbers plus Free Space to make a complete "X" pattern in any one card the player wins prize according to the legend of the respective playing card. The player can win up to four times on any ticket but only once on each "card".

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 130 (one hundred thirty) 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 130 (one hundred thirty) 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 130 (one hundred thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 130 (one hundred thirty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. A ticket will win as indicated by the prize structure.

B. A ticket can win up to four times but only once per Card.

C. Adjacent tickets in a pack will not have identical patterns.

D. There will never be more than one win on a single Bingo Card.

E. No duplicate numbers will appear on the Caller’s Card and Bonus Numbers.

F. No duplicate numbers will appear within any player’s card on a ticket.

G. Each Caller’s Card will have a minimum of four (4) and a maximum of six (6) numbers from each range per letter. The Bonus Numbers will have a minimum of one (1) and a maximum of two (2) numbers for each range per letter.

H. The number range used for each letter will be as follows: B: 01-15; I: 16-30; N: 31-45; G: 46-60; O: 61-75.

2.3 Procedure for Claiming Prizes.

A. To claim a "HOLIDAY BINGO" Instant Game prize of $2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $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 $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 "HOLIDAY BINGO" Instant Game prize of $1,000 or $30,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "HOLIDAY BINGO" 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 BINGO" 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 BINGO" 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 9,120,000 tickets in the Instant Game No. 612. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 612 - 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. 612 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. 612, 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-200503415

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 16, 2005


Instant Game Number 613 "Holiday Millionaire"

1.0 Name and Style of Game.

A. The name of Instant Game No. 613 is "HOLIDAY MILLIONAIRE". The play style for Game 1 is "key number match with multiplier". The play style for Game 2 is "key symbol match". The play style for Game 3 is "three in a line with multiplier". The play style for game 4 is "match up with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 613 shall be $30.00 per ticket.

1.2 Definitions in Instant Game No. 613.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, TREE SYMBOL, GIFT SYMBOL, DEER SYMBOL, SLEIGH SYMBOL, TRUMPET SYMBOL, CAP SYMBOL, DRUM SYMBOL, SACK SYMBOL, SNOW FLAKE SYMBOL, CANDLE SYMBOL, WREATH SYMBOL, HOLLY SYMBOL, SNOWMAN SYMBOL, CHRISTMAS ORNAMENT SYMBOL, ANGEL SYMBOL, CANE SYMBOL, FIRE SYMBOL, COOKIE SYMBOL, CHRISTMAS LIGHTS SYMBOL, STOCKING SYMBOL, BELL SYMBOL, MITTENS SYMBOL, EAR MUFFS SYMBOL, 5TIMES SYMBOL, NOBONUS SYMBOL, $1.00, $2.00, $3.00, $4.00, $5.00, $8.00, $10.00, $20.00, $30.00, $40.00, $50.00, $100, $200, $500, $20,000 $TWO MILL SYMBOL and STAR SYMBOL.

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. 613 - 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. There are no possible validation codes in this game.

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 - There are no low-tier prizes in this game.

H. Mid-Tier Prize - A prize of $30.00, $40.00, $70.00, $100, $300 or $500.

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

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 (613), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 025 within each pack. The format will be: 613-0000001-001.

L. Pack - A pack of "HOLIDAY MILLIONAIRE" Instant Game tickets contains 25 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 025 while the other fold will show the back of ticket 001 and front of 025.

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 MILLIONAIRE" Instant Game No. 613 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 MILLIONAIRE" Instant Game is determined once the latex on the ticket is scratched off to expose 63 (sixty-three) Play Symbols. In Game 1, if a player matches any of YOUR NUMBERS play symbols to either of the WINNING NUMBERS play symbols the player wins prize indicated for that number. If a player reveals a tree play symbol the player wins 10 TIMES the prize indicated automatically. In the Game 2, if a player’s YOUR SYMBOLS play symbols matches within a game the player wins prize indicated for that game. In the Game 3, if a player reveals 3 (three) bell play symbols either diagonally, vertically, or horizontally, in any one row, column or diagonal the player wins prize in PRIZE BOX. The player must scratch the BONUS BOX for a chance to win5 TIMES the prize won. In the Game 4, if a player matches 3 (three) identical prize amounts the player wins that amount. If a player matches 2 (two) identical prize amounts and reveal a star play symbol the player wins DOUBLE that amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 63 (sixty-three) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 63 (sixty-three) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 63 (sixty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 63 (sixty-three) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. No consecutive string of non-winning tickets will be greater than 6.

B. There are no low tier levels in this game.

C. Game 1: No duplicate non-winning Your Numbers play symbols on a ticket.

D. Game 1: No duplicate Winning Number play symbols on a ticket.

E. Game 1: No duplicate non-winning prize symbols.

F. Game 1: The 10X multiplier symbol will only appear on intended winning tickets as dictated by the prize structure.

G. Game 1: No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

H. Game 2: No duplicate non-winning prize symbols.

I. Game 2: There will be no duplicate play symbols appearing on two adjacent non-winning games (both vertically and horizontally).

J. Game 2: No duplicate non-winning games.

K. Game 3: There will be no occurrence of three symbols appearing in a row, column or diagonal other than the bell symbol.

L. Game 3: There will be no occurrence of three bell symbols appearing in more than one row, column or diagonal.

M. Game 3: The 5X multiplier symbol will only appear in the Bonus Box on intended winning tickets as dictated by the prize structure.

N. Game 4: There will be only 2 matching play symbols on a game that contains a doubler symbol.

O. Game 4: No four or more matching play symbols within a game.

P. Game 4: No three pairs of matching play symbols within a game.

Q Game 4: The doubler symbol will only appear on intended winning games.

2.3 Procedure for Claiming Prizes.

A. To claim a "HOLIDAY MILLIONAIRE" Instant Game prize of $30.00, $40.00, $70.00, $100, $300 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 $30.00, $40.00, $70.00, $100, $300 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 "HOLIDAY MILLIONAIRE" Instant Game prize of $2,000, $20,000 or $2,000,000 the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "HOLIDAY MILLIONAIRE" 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 MILLIONAIRE" 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 MILLIONAIRE" 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. 613. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 613 - 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. 613 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. 613, 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-200503416

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 16, 2005


Instant Game Number 615 "$100,000 Surprize Package"

1.0 Name and Style of Game.

A. The name of Instant Game No. 615 is "$100,000 SURPRIZE PACKAGE". The play style for Game 1 is "key symbol match". The play style for the Game Bonus is "auto win". The play style for Game 2 is "three in a line". The play style for Game 3 is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 615 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 615.

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: HOLLY SYMBOL, DEER SYMBOL, WREATH SYMBOL, STOCKING SYMBOL, CANDLE SYMBOL, SLEIGH SYMBOL, SNOWMAN SYMBOL, COOKIE SYMBOL, GIFT SYMBOL, SACK SYMBOL, CANE SYMBOL, DRUM SYMBOL, SNOW FLAKE SYMBOL, BELL SYMBOL, BALL SYMBOL, EAR MUFFS SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000 and $100,000.

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. 615 - 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. 615 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

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

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

I. High-Tier Prize - A prize of $1,000, $5,000 or $100,000.

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 (615), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 615-0000001-001.

L. Pack - A pack of "$100,000 SURPRIZE PACKAGE" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$100,000 SURPRIZE PACKAGE" Instant Game No. 615 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 "$100,000 SURPRIZE PACKAGE" Instant Game is determined once the latex on the ticket is scratched off to expose 52 (fifty-two) Play Symbols. In the GAME 1: if a players any of YOUR SYMBOLS play symbols matches the WINNING SYMBOL play symbol the player wins prize indicated for that symbol. In the GAME BONUS: If a player reveals a gift symbol the player wins $100 instantly. In the GAME 2: if a player reveals three snowflake symbols either diagonally, vertically, or horizontally in any one row, column or diagonal, the player wins prize indicated. In the GAME 3: if a player matches any of YOUR NUMBERS play symbols to any of the LUCKY NUMBERS play symbols the player wins prize indicated for that number. 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 52 (fifty-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 52 (fifty-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 52 (fifty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 52 (fifty-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. Game 1: No duplicate non-winning prize symbols.

C. Game 1: No duplicate non-winning play symbols.

D. Game Bonus: The $100 auto win symbol will only appear as dictated by the prize structure.

E. Game 2: There will be a minimum of 4 snowflake symbols on a ticket.

F. Game 2: There will be no occurrence of any other symbol appearing in a row, column or diagonal.

G. Game 3: No duplicate non-winning play symbols.

H. Game 3: No duplicate Lucky Numbers play symbols.

I. Game 3: Non-winning prize symbols will never be the same as the winning prize symbol(s).

J. Game 3: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "$100,000 SURPRIZE PACKAGE" 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 "$100,000 SURPRIZE PACKAGE" Instant Game prize of $1,000, $5,000 or $100,000, 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 "$100,000 SURPRIZE PACKAGE" 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 "$100,000 SURPRIZE PACKAGE" 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 "$100,000 SURPRIZE PACKAGE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 615. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 615 - 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. 615 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. 615, 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-200503417

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 16, 2005


Instant Game Number 634 "Wheel of Fortune"

1.0 Name and Style of Game.

A. The name of Instant Game No. 634 is "WHEEL OF FORTUNE". The play style is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 634 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 634.

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: B, C, D, F, G, H, J, K, L, M, N, P, Q, R, S, T, V, W, X, Y, Z, WHEEL SYMBOL, $1.00, $2.00, $3.00, $5.00, $8.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $200, $1,000, $2,500, $25,000 and TRIP SYMBOL.

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. 634 - 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. 634 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $8.00, $10.00, $15.00 or $20.00. .

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

I. High-Tier Prize - A prize of $1,000, $2,500, $25,000 or 4 (four) Audition Trips.

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 (634), 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: 634-0000001-001.

L. Pack - A pack of "WHEEL OF FORTUNE" 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 002 and 003 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 "WHEEL OF FORTUNE" Instant Game No. 634 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 "WHEEL OF FORTUNE" Instant Game is determined once the latex on the ticket is scratched off to expose 23 (twenty-three) Play Symbols. If a player matches any of YOUR LETTERS play symbols to any of the WHEEL LETTERS play symbols the player wins prize for that letter. If a player reveals a wheel symbol the player wins $20 instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. No duplicate Wheel Letters play symbols on a ticket.

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

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

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

G. The wheel symbol will always appear with the $20 prize symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "WHEEL OF FORTUNE" Instant Game prize of $2.00, $3.00, $5.00, $8.00, $10.00, $15.00, $20.00, $50.00, $100, or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "WHEEL OF FORTUNE" Instant Game prize of $1,000, $2,500, $25,000 or AUDITION TRIP, 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 "WHEEL OF FORTUNE" 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 "WHEEL OF FORTUNE" 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 "WHEEL OF FORTUNE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 634. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 634 - 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. 634 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. 634, 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-200503418

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 16, 2005


Manufactured Housing Division

Notice of Administrative Hearing

Wednesday, September 15, 2005, 9:00 a.m.

State Office of Administrative Hearings, William P. Clements Building, 300 West 15th Street, 4th Floor,

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs vs. Efren Morales dba Morales Mobile Home Service to hear alleged violations of Sections 1201.255, 1201.303(b), 1201.354,1201.356 1201.357(a), and 1201.358,of the Act and Sections 80.54(a) 80.131(b) and 80.132(3) of the Administrative Rules by failing to properly install the homes, by not complying with the initial reports and warranty orders, in a timely manner. SOAH 332-05-7635. Department MHD2005000519-IV & MHD2005000520-IV.

Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589, james.hicks@tdhca.state.tx.us

TRD-200503339

Timothy K. Irvine

Executive Director

Manufactured Housing Division

Filed: August 10, 2005


North Central Texas Council of Governments

Request for Proposals to Conduct a Pay-As-You-Drive Insurance Pilot Program

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

The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from licensed insurance carriers interested in partnering with NCTCOG to implement a Pay-As-You-Drive Insurance (PAYD) Pilot Program. The concept of PAYD insurance permits customers to purchase insurance on a per-mile basis, rather than a fixed annual premium. Since the cost of coverage is directly tied to the use of a vehicle, PAYD insurance is a strong incentive to drive less resulting in less vehicle emissions. The goal of the PAYD Pilot Program is to determine if a PAYD option will actually induce regional drivers to reduce their mileage and what effect this may have on North Central Texas air quality. Engineering services are not anticipated for this effort.

Due Date

Proposals must be received no later than 5 p.m. Central Daylight Time on Friday, September 23, 2005, to Chris Klaus, Senior Program Manager, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the Request for Proposals, contact Therese Bergeon, at (817) 695-9267.

Contract Award Procedures

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

Regulations

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

TRD-200503436

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: August 17, 2005


Public Utility Commission of Texas

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 5, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Mundo Telecom, Incorporated for a Service Provider Certificate of Operating Authority, Docket Number 31467 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas served by Southwestern Bell, Verizon Communications, and United Telephone Company of Texas, Incorporated, doing business as Sprint.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 31, 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 31467.

TRD-200503337

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 10, 2005


Notice of Petition for Expanded Local Calling Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on July 7, 2005, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition for Expanded Local Calling Service from the Texline Exchange, Project Number 31321.

The petitioners in the Texline Exchange request ELCS to the exchanges of Bunkerhill, Coldwater, Dalhart, and Middlewater.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 12, 2005. Hearing and Speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2789. All comments should reference Project Number 31321.

TRD-200503425

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 16, 2005


Texas Department of Transportation

Notice of Public Hearing on Proposed Restrictions on Use of State Highway

The Texas Department of Transportation (department) will conduct a public hearing to receive comments on a proposed restriction initiated by the department establishing lane use restrictions for certain classes of vehicles on Interstate Highway 30 in Tarrant County from Collins Street in the city of Arlington to Hulen Street in the city of Fort Worth.

In accordance with Transportation Code, §545.0651, and 43 TAC §§25.601 - 25.604, the department is proposing to initiate a lane use restriction applicable to trucks with three or more axles, as defined in Transportation Code, §541.201, and to truck tractors, also as defined in Transportation Code, §541.201, regardless of whether the truck tractor is drawing another vehicle or trailer. The proposed restriction would prohibit those vehicles from using the left or inside lane on Interstate Highway 30 from Collins Street in the city of Arlington extending westward and ending at Hulen Street in the city of Fort Worth.

The proposed restrictions would apply 24 hours a day, 7 days a week, and would allow the operation of those vehicles in a prohibited traffic lane for the purposes of passing another vehicle or entering or exiting the highway.

In accordance with 43 TAC §25.603(f) - (h), the department will evaluate the impact of the proposed restriction's compliance with the requirements of Transportation Code, §545.0651, and 43 TAC §§25.601 - 25.604, and will hold a public hearing to receive comments on the proposed restriction. The hearing will be held at 2:00 p.m. on Tuesday, September 6, 2005, at the following location:

North Central Texas Council of Governments

Third Floor Transportation Board Room

616 Six Flags Drive

Arlington, Texas 76011

All interested citizens are invited to attend the hearing and to provide input. Those desiring to make official comments may register starting at 1:30 p.m. Oral and written comments may be presented at the public hearing and written comments may be submitted by regular postal mail during the 30-day public comment period. Written comments may be submitted to Maribel Chavez, P.E., District Engineer, Fort Worth District, Texas Department of Transportation, 2501 SW Loop 820, Fort Worth, Texas, 76133. The deadline for receipt of written comments is 5:00 p.m. on September 25, 2005.

Persons with disabilities who plan to attend the public hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or Braille, are requested to contact Lara Rodriguez at (817) 640-3300 at least two business days prior to the hearing so that appropriate arrangements can be made. For more information concerning the public hearing, please contact Lara Rodriguez.

TRD-200503439

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: August 17, 2005


Notice of Public Hearing on Proposed Restrictions on Use of State Highway

The Texas Department of Transportation (department) will conduct a public hearing to receive comments on a proposed restriction initiated by the department establishing lane use restrictions for certain classes of vehicles on Interstate Highway 20 in Dallas County from Interstate Highway 45 in the city of Dallas to Cedar Ridge Drive in the city of Duncanville.

In accordance with Transportation Code, §545.0651, and 43 TAC §§25.601 - 25.604, the department is proposing to initiate a lane use restriction applicable to trucks with three or more axles, as defined in Transportation Code, §541.201, and to truck tractors, also as defined in Transportation Code, §541.201, regardless of whether the truck tractor is drawing another vehicle or trailer. The proposed restriction would prohibit those vehicles from using the left or inside lane on Interstate Highway 20 from Interstate Highway 45 in the city of Dallas extending westward and ending at Cedar Ridge Drive in the city of Duncanville.

The proposed restrictions would apply 24 hours a day, 7 days a week, and would allow the operation of those vehicles in a prohibited traffic lane for the purposes of passing another vehicle or entering or exiting the highway.

In accordance with 43 TAC §25.603(f) - (h), the department will evaluate the impact of the proposed restriction's compliance with the requirements of Transportation Code, §545.0651, and 43 TAC §§25.601 - 25.604, and will hold a public hearing to receive comments on the proposed restriction. The hearing will be held at 6:30 p.m. on Wednesday, September 7, 2005, at the following location:

Texas Department of Transportation

Dallas District Office, Dallas Room

4777 East HWY 80

Mesquite, Texas 75150-6643

All interested citizens are invited to attend the hearing and to provide input. Those desiring to make official comments may register starting at 6:00 p.m. Oral and written comments may be presented at the public hearing and written comments may be submitted by regular postal mail during the 30-day public comment period. Written comments may be submitted to William L. Hale, P.E., District Engineer, Dallas District, Texas Department of Transportation, P.O. Box 133067, Dallas, Texas 75313-3067. The deadline for receipt of written comments is 5:00 p.m. on September 25, 2005.

Persons with disabilities who plan to attend the public hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or Braille, are requested to contact Lara Rodriguez at (817) 640-3300 at least two business days prior to the hearing so that appropriate arrangements can be made. For more information concerning the public hearing, please contact Lara Rodriguez.

TRD-200503440

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: August 17, 2005


Texas Water Development Board

Notice of Public Hearing

An attorney with the Texas Water Development Board will conduct a public hearing beginning at: 1:00 p.m., September 13, 2005, Room 1-100, Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, to receive public comment on proposed amendments to 31 TAC Chapter 356, concerning Groundwater Management Plan Certification, which will appear in the September 2, 2005, issue of the Texas Register . Chapter 36 of the Texas Water Code requires the Texas Water Development Board to approve groundwater management plans that are administratively complete.

Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the proposed amendments. In addition, persons may participate in the hearing by mailing written comments before the above date to Ron Pigott, Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231, by e-mail to Ron.Pigott@twdb.state.tx.us or by fax at (512) 463-5580. The proposed rules may be accessed on the Board’s website at http://www.twdb.state.tx.us under Publications, Administrative Rules.

TRD-200503445

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: August 17, 2005


Request for Proposals

The Texas Water Development Board (TWDB) requests the submission of Request for Proposals (RFP) from interested applicants leading to the possible award of a contract for state Fiscal Year 2006 to conduct water research on the effects of take or pay contracts on water conservation. The total amount of the grant awarded by the TWDB shall not exceed $50,000 from the Research and Planning Fund. Rules governing the Research and Planning Fund (31 Texas Administrative Code, Chapter 355) are available upon request from the TWDB, or may be found at the Secretary of State's Internet address: {http://www.sos.state.tx.us/tac/}; then sequentially select, "TAC Viewer," "Title 31," "Part 10," and "Chapter 355." Guidelines for responding to the RFP, which include an application form and detailed information on the research topic, will be available at the TWDB website at: {http://www.twdb.state.tx.us/publications/requestforproposals/requestsforproposals_index.htm}, or will be provided upon request.

Description of the Research Objectives and Purpose

This research should include a study to determine the effects, if any, of take or pay contracts on efforts to conserve water. The final product should include:

(1) A summary of the findings made during the course of the study; and

(2) Recommendations for legislative action based on those findings.

Proposals should include an outline of the approach to completing the research work, including any surveys of water suppliers, similar situations in other states and a timeline for completion. The final report should be completed by December 1, 2006.

Description of Applicant Criteria

The applicant should: (1) demonstrate prior experience in the priority research topic; (2) be able to review, research, analyze, evaluate, and interpret data and research findings; and (3) have excellent oral presentation and writing abilities. If the applicant is short-listed, the applicant should be prepared to make an oral presentation to TWDB staff. The final scope of work, schedule, and contract amount will be negotiated after the TWDB selects the most qualified applicant. Failure to reach a negotiated contract may result in subsequent negotiations with the next-most qualified applicant; however, a negotiation will not occur with applicants who are determined by the TWDB to be unqualified or otherwise unsuited to perform the requested research. Applicants selected to conduct the research may be required to present the results of their research at one or more of the TWDB’s monthly public meetings.

Deadline for Submittal, Review Criteria and Contact Person for Additional Information

Historically Underutilized Businesses are encouraged to submit proposals and/or participate as subcontractors in the water research program. Ten double-sided, double-spaced copies of a completed Proposal must be filed with the TWDB no later than 5:00 PM, October 17, 2005. Respondents to this request shall limit their Proposal to the size previously mentioned, excluding the resumes of the project team members. Proposals can be directed either in person to Ms. Phyllis Thomas, Texas Water Development Board, Stephen F. Austin Building, Room 537, 1700 North Congress Avenue, Austin, Texas; or by mail to Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711-3231. Requests for information and the TWDB’s guidelines for responding to the RFP should be directed to Mr. John Sutton at the preceding address, by calling (512) 463-7988, or by e-mail to: John.Sutton@twdb.state.tx.us or the TWDB website at: www.twdb.state.tx.us.

TRD-200503423

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: August 16, 2005


Request for Statements of Interest

The Texas Water Development Board (TWDB) is soliciting Statements of Interest (SOI) for the development of Demonstration Brackish Groundwater Desalination Projects. Interested parties are invited to submit an SOI to the TWDB no later than 5:00 p.m. on October 10, 2005.

Background:

In 2003 the TWDB reported that Texas has an estimated 2.7 billion acre-feet of brackish groundwater * . This resource is starting to be more commonly used for meeting water supply needs in water-scarce areas of Texas. In the present round of regional water planning, 10 of the 16 water planning regions have included desalination projects as recommended or alternative water management strategies to meet the water supply needs in their respective areas. However, there are some important difficulties associated with implementing brackish groundwater desalination projects that can be particularly challenging for smaller communities. Most important among these are managing desalination concentrate, and predicting the long-term performance of brackish groundwater aquifers.

The goal of this demonstration brackish groundwater desalination initiative is to continue facilitating the development of brackish groundwater desalination supplies by creating replicable models of projects that may be effectively transferred to other communities with similar demographic profiles. If successful, these projects can be used by other communities as engineering facility roadmaps to characterize source waters, implement desalination technologies, and manage desalination concentrate.

The proposed request for Statements of Interest will assist TWDB in identifying and selecting suitable sites to demonstrate the use of brackish groundwater desalination, and also serve as roadmaps for small-to-medium sized communities that have access to brackish groundwater.

The appropriated funds may be used for any phase of brackish groundwater desalination supply development including facility planning, feasibility studies, pilot testing, plant design or construction. However, to fully address the demonstration focus of this effort, the proposal should include a procedure to document the development of the process as an educational or demonstrative activity for others to learn and benefit from.

A desirable proposal would be one from a small-to-medium sized community located in a water-scarce area of the state, where some of the initial feasibility work may have already been completed or initiated, and where the project has a strong likelihood of being completed within the next five years.

Statements of Interest Requirements:

Ten complete copies and one electronic reproducible copy of the request for Statements of Interest are due no later than 5:00 p.m. on October 10, 2005. Please mail them to:

Phyllis Thomas

Texas Water Development Board

1700 North Congress Avenue

Austin, TX 78711-3231

Responses should be limited to no more than five, single 8-1/2 x 11 inch pages and should address the items listed below. Responses to the request for Statements of Interest may include appendices including figures, tables and other supporting information; however, supplemental information provided in addition to the five pages will only be considered at TWDB’s discretion.

1. Project Proponent(s)

Identify the project proponent(s) and describe all partnerships or other type(s) of arrangements affiliated with the proposal.

2. Project Description

Describe the proposed project including how it will address the goals for the brackish groundwater desalination initiative. Describe anticipated treatment process characteristics and potential desalination concentrate management options.

3. Proposed Project Site

Provide a map showing the location of the proposed project. Identify existing facilities that are part of the proposal. Discuss availability and accessibility of land for the project including land for well fields and a desalination treatment plant. Discuss any infrastructure upgrades that would be necessary to support plant operation or product water delivery.

4. Previous Efforts at Developing Brackish Groundwater for Desalination

Describe previous efforts at developing brackish groundwater and any relevant factors that increase the likelihood that the proposed project will be implemented.

5. Need for the Project

Explain why the project is needed. Describe the geographic area that would be served by the proposed project. Identify potential customers of the proposed project. Identify any project benefits to other regions and/or water users, and/or relief to existing water sources that may result from implementation of the proposed project.

6. Support for the Project

Describe endorsement(s) obtained or expected for the proposed project from Regional Water Planning Group(s) and potential project beneficiaries.

7. Estimated Cost of Water Delivered to Receiving Distribution Networks

Provide a preliminary estimate of the cost of the facility’s product water in dollars per acre-foot, and the transmission costs to deliver the water to the receiving distribution systems.

8. Funding

Describe the proposed financing for the proposed project. Identify expected level of state funding necessary to successfully implement the project. Discuss the estimated amount of TWDB financial assistance sought for the project and the anticipated use of that funding.

9. Project Schedule

Provide the proposed project implementation schedule.

10. Contact Information

Identify the name, company, title and contact details for the person representing the proposed project’s proponent.

Pre-Submittal Meeting:

There will be a pre-submittal meeting at 10:00 a.m. on September 15, 2005 in Room 513F, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas for the purpose of reviewing submittal requirements, scope of work and answering any questions that may be brought to the attention of the TWDB staff regarding this project. All interested parties are encouraged to attend.

Requests for information relative to the request for Statements of Interest should be directed to Mr. Jorge Arroyo at jorge.arroyo@twdb.state.tx.us or at the preceding address or by calling (512) 475-3003.

Demonstration Brackish Groundwater Desalination Project - Screening Criteria:

TWDB will rely primarily on the following criteria to screen potential demonstration brackish groundwater desalination projects. Top-ranked proposals resulting from the screening will be invited to submit detailed scopes of work for funding consideration.

A. Need for the Project - 20 points: Relative need for additional water supplies by year 2020; relative need for developing brackish groundwater desalination supplies.

B. Site Characteristics - 20 points: Hydrogeologic demonstration value of site; use of existing infrastructure; potentially feasible concentrate management options.

C. State/Regional/Local Support for the Project - 20 points: Consistency with regional water plans; endorsement from regional water planning groups; endorsement from targeted water users.

D. Project Timeline and Funding - 15 points: Demonstration value of the proposed use of TWDB funding; proposed funding, including local cash and in-kind contributions to the project; project Timeline.

E. Demonstration Value - 25 points: Ability to complete the project within 5 years; overall merit of the proposal.

* LBG-Guyton, Brackish Groundwater Manual for Texas Regional Water Planning Groups, Texas Water Development Board, Austin, Texas, February 2003.

TRD-200503422

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: August 16, 2005


Request for Statements of Qualifications

The Texas Water Development Board (TWDB/Board) requests the submission of Statements of Qualifications from interested ENGINEERING CONSULTANTS leading to the possible award of a contract for Fiscal Years (FY) 2006-2007 to provide expert advice to TWDB in formulating, designing, implementing and monitoring effective pilot plant studies for large-scale demonstration seawater desalination projects in Texas.

Description of Planning Purpose and Objectives. The State Water Plan, Water for Texas 2002, projects that Texas will need to develop additional water supplies in the range of 7.5 million acre-feet by the year 2050 to support a population projected to reach 39 million people. Among the many water supply sources that Texans will rely upon in the future - rivers, streams, rain, groundwater, and seawater - only seawater has the unique potential to provide an uninterruptible and limitless supply during times of drought. In 2002, Governor Perry recognized this tremendous potential and directed the TWDB to pursue the development of seawater desalination supplies.

In response to Governor Perry’s request, in December 2002 TWDB recommended * the Lower Rio Grande Valley - Brownsville, City of Corpus Christi, and Freeport as sites with the greatest potential for developing large-scale seawater desalination projects. In 2003, TWDB funded $1.5 million for feasibility to assess the technical viability of the three proposed projects. These studies concluded that the three proposed projects are technically feasible and informed of the financial requirements for implementing the projects. In 2004, TWDB considered the results of the feasibility studies and recommended ** that "the state continue advancing toward implementation of a large-scale demonstration seawater desalination facility in Texas. Over the next biennium, this implies implementing pilot plant studies and formulating state policy regarding the State’s role in providing the financial assistance needed for future development of seawater desalination."

The focus of the TWDB Desalination Work Plan for FYs 2006-2007 is to perform the pilot plant studies, and to ensure that these studies are an effective step in accomplishing the goal of developing large-scale seawater desalination supplies in Texas. This implies addressing both the technical aspects of the pilot plant studies, and other equally important issues such a procurement strategies and the role of the different project participants: owner, design engineer, project engineer and equipment manufacturers.

The purpose of the current solicitation is to identify qualified engineering consultants with a proven track record in the area of formulating and implementing large-scale seawater desalination projects and pilot plant studies. The selected engineering consultant will assist TWDB in ensuring that funding provided for pilot plant studies will effectively contribute to developing large-scale demonstration seawater desalination projects in Texas.

At a minimum the engineering consultant services will include providing expert advice to TWDB in developing terms of reference for the eventual TWDB funding of pilot plant study contracts for selected potential large-scale demonstration seawater desalination projects; providing expert advice to TWDB staff in negotiating of scopes of work for implementing the referenced pilot plant studies; and, once contracts are executed, provide expert advice regarding the progress of the pilot plant studies.

Description of Engineering Consultant Evaluation Criteria/Relative Item of Importance. In addition to the consultant(s) history of timeliness and overall customer satisfaction (10 percent), the selected consultant(s) should have demonstrated knowledge and work experience with the following:

1. Formulating, designing, cost estimating, construction, facility start-up, operation and maintenance of pilot plant studies for reverse-osmosis seawater desalination facilities. (40 percent)

2. Formulating, designing reverse-osmosis treatment processes, cost estimating, construction, facility start-up, operation and maintenance of large-scale seawater reverse-osmosis desalination facilities. (40 percent)

3. Knowledge of the project permitting processes applicable to developing seawater desalination projects in Texas. (10 percent)

Description of Funding Consideration. Up to $2.5 million was appropriated to TWDB by the 79th Legislature for implementing pilot plant studies for large-scale seawater desalination projects. Additionally, the State and Tribal Assistance Grants (STAG) account of the United States Environmental Protection Agency (USEPA) Fiscal Year 2004 Appropriations Act provides $385,700 to the TWDB for the Texas Water Desalination Initiative in Freeport. Any contract or contracts awarded under this request for Statements for Qualifications may be funded, in part, by this grant from the USEPA. Neither the United States government nor any of its departments, agencies or employees is or will be a party to this invitation for proposals or any resulting contract. This procurement will be subject to regulations contained in 40 CFT Part 31, excluding the Davis-Bacon Act requirements and the Buy American Provisions.

In accordance with Texas Government Code (TGC) §2161.252 and Texas Administrative Code (TAC) Title 1, Part 5, Chapter 111, Subchapter B, Rule §111.14, subcontracting opportunities resulting from the solicitation requirement filing of a Historically Underutilized business Subcontracting Plan.

The Board intends to mail copies of this request for Statement of Qualifications to consultants, and that 10 percent of the copies be mailed to disadvantaged businesses, in compliance with Texas Revised Civil Statutes 3.10(b) and 5.36 (Vernon’s Supplemental 1993); TGC 481.101 et seq. (Vernon’s Supp. 1993); and Executive Order of the Governor of the State of Texas, AWR 93-7, March 23, 1993.

Pre-Submittal Meeting. There will be a pre-submittal meeting at 1:00 p.m. on September 12, 2005 in Room 513-F, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas for the purpose of reviewing submittal requirements, and answering any questions that may be brought to the attention of TWDB staff regarding this project. All interested consultants are encouraged to attend.

Deadline for Submittals, Review Criteria and Contact Person for Additional Information. Ten double-sided copies of a completed Statement of Qualifications must be filed with the TWDB prior to 5:00 p.m., September 26, 2005 . Statements of Qualifications can be directed either in person to Ms. Phyllis Thomas, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas or by mail to: Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231 - Capitol Station, Austin, Texas 78711-3231.

TWDB staff anticipates identifying the top-qualified consultants and requesting TWDB authorization in October 2005 to negotiate a scope of work and contract with the top-selected consultant. Requests for information related to this request for qualifications and the consultant evaluation criteria should be directed to Mr. Jorge Arroyo, P.E., Jorge.Arroyo@twdb.state.tx.us, at the preceding address, or by calling (512) 475-3003.

* Texas Water Development Board, Large-Scale Demonstration Seawater Desalination in Texas - Report of Recommendations for the Office of Governor Rick Perry, Austin, Texas, December 2002.

** Texas Water Development Board, The Future of Desalination in Texas - Volume 1, 2004 Biennial Report on Seawater Desalination, Austin, Texas, December 2004.

TRD-200503424

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: August 16, 2005