Department of Aging and Disability Services
Notice of Public Hearing
Strategic Plan for inclusion in the Texas Health and Human Services Enterprise
(HHS) Strategic Plan for fiscal years (FYs) 2007 - 2011. The Department of
Aging and Disability Services (DADS) will hold a public hearing to receive
comments on the agency's Strategic Plan at the Winters Building Public Hearing
Room, 701 W. 51st Street, Austin, Travis County, Texas 78751 at 4:00 p.m.
on May 3, 2006. The public hearing will provide an opportunity for interested
parties to comment on the content of the Plan. For the reader's convenience,
the agency's Strategic Plan for FYs 2007 - 2011 may be downloaded at the following
web site: http://www.dads.state.tx.us/strategicplan/.
The major sections of the DADS Strategic Plan address the agency's Challenges
and Opportunities, Current Activities by Goal (Service Descriptions, Target
Populations, and Trends and Initiatives), Internal Assessment, and Strategic
Priorities.
Questions, requests for additional information, or a copy of the Plan may
be directed to Nellie Nixon at the Department of Aging and Disability Services,
P. O. Box 149030, M.C. W235, Austin, Texas 78714, (512) 438-5797; or nellie.nixon@dads.state.tx.us.
Persons who are unable to attend the hearing may submit their views in
writing to DADS by 5:00 p.m. on May 3, 2006 to Nellie Nixon or via the below
web site:
http://www.dads.state.tx.us/strategicplan/
Persons requiring an interpreter for the deaf or hearing impaired should
contact Nellie Nixon, at least 72 hours prior to the hearing at (512) 438-5634
or TDD (512) 424-3250.
TRD-200601836
Phoebe Knauer
General Counsel
Department of Aging and Disability Services
Filed: March 27, 2006
Notice of Ethanol Content
The Texas Department of Agriculture (the department) is publishing the
following guidelines for posting notice of sale of motor fuel mixtures that
contain up to and including 10% ethanol by volume. It is the intent of the
department to provide these guidelines to encourage a greater consistency
in the design of signs used by the regulated public to display ethanol mixture
information on retail motor fuel pumps where the fuel offered for sale contains
up to 10% ethanol by volume. The department has determined that these guidelines
will provide for a greater understanding by the general public of the ethanol
contents of the fuel they purchase. Compliance with these guidelines is voluntary.
Consistent with the requirements of Vernon's Texas Civil Statutes, Art.
8614, Sec. 3 (b)(1), the department recommends that signs used to post notice
of sale of motor fuel mixtures that contain up to and including 10% ethanol
by volume should be prominently displayed on each face of the motor fuel pump
on which the price of the motor fuel mixture sold from the pump is displayed
and should resemble the graphic below. In addition, the department recommends
that the signs should be constructed of a durable, weather resistant white
material that measures three inches in height and six inches in width and
includes the statement "CONTAINS UP TO 10% ETHANOL" in black upper case block
letters one-half inch in height and one-fourth inch in width.
Figure: 176 - Notice of Ethanol Content
These guidelines are not mandatory and should only be considered as recommendations
for the regulated public to follow to achieve greater consistency in signs
used to post notice of sale of motor fuel mixtures that contain up to and
including 10% ethanol by volume on retail motor fuel pumps. The regulated
public may choose to post notice of sale of motor fuel mixtures that contain
up to and including 10% ethanol by volume in a manner other than recommended
by the department, provided the notice meets the requirements of Vernon's
Texas Civil Statutes, Art. 8614.
For further information regarding this notice, contact Joe Benavides,
Coordinator for Weights and Measures, at (512) 463-7401.
TRD-200601772
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: March 23, 2006
Notice of Public Hearing for DARS Maximum Allowable Payment Schedule (MAPS), to be Effective May 1, 2006
The Department of Assistive and Rehabilitative Services (DARS) will hold
a public hearing from 1:30 p.m. to 3:30 p.m. on Monday, April 24, 2006, in
Conference Room 120 of the DARS Administration Building at 4800 North Lamar
Boulevard in Austin, Texas, to receive public comments on the proposed FY
2006-2007 Maximum Allowable Payment Schedule (MAPS) rates used for the purchase
of medical and medical-related services. The proposed implementation date
for the new MAPS rates is May 1, 2006.
The schedule of proposed rates may be viewed or copies may be obtained
by calling Stuart McPhail with DARS at (512) 424-4144 or visiting DARS at
the Brown Heatly Building at 4900 North Lamar; Austin, Texas 78751.
Written comments on the proposed rates may be submitted to Stuart McPhail,
Department of Assistive and Rehabilitative Services, 4900 North Lamar Boulevard,
Austin, Texas 78751.
TRD-200601867
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Department of Assistive and Rehabilitative Services
Filed: March 29, 2006
Request for Proposals
The Texas Building and Procurement Commission (TBPC), on behalf of the
Office of the Attorney General (OAG), announces the issuance of Request for
Proposals (RFP) #303-6-11170. TBPC seeks a 10-year lease of approximately
104,562 square feet of office space in the Austin area, Travis County, Texas.
The deadline for questions is April 14, 2006; and the deadline for proposals
is April 28, 2006 at 3:00 P.M. The award date is June 1, 2006. TBPC reserves
the right to accept or reject any or all proposals submitted. TBPC is under
no legal or other obligation to execute a lease on the basis of this notice
or the distribution of an RFP. Neither this notice nor the RFP commits TBPC
to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting
TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the revised RFP may
be downloaded from the
Electronic State Business
Daily
at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=63997.
TRD-200601776
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: March 23, 2006
The Texas Building and Procurement Commission (TBPC), on behalf of the
Department of Assistive and Rehabilitative Services (DARS), announces the
issuance of Request for Proposals (RFP) #303-6-11139. TBPC seeks a 5-10 year
lease of approximately 8,124 square feet of office space in Tyler, Smith County,
Texas.
The deadline for questions is April 10, 2006 and the deadline for proposals
is April 20, 2006 at 3:00 P.M. The award date is May 1, 2006. TBPC reserves
the right to accept or reject any or all proposals submitted. TBPC is under
no legal or other obligation to execute a lease on the basis of this notice
or the distribution of a RFP. Neither this notice nor the RFP commits TBPC
to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting
TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded
from the
Electronic State Business Daily
at
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=64003.
TRD-200601758
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: March 22, 2006
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were deemed administratively
complete for the following project(s) during the period of March 17, 2006,
through March 23, 2006. 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 March 29, 2006. The public comment
period for these projects will close at 5:00 p.m. on April 28, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: National Onshore LP
; Location:
The project is located in Galveston Bay, approximately 2 miles east of San
Leon, in State Tract (ST) 329, Galveston County, Texas. The project can be
located on the U.S.G.S. quadrangle map entitled: Texas City, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 15: Pipeline Segment Begins at Easting:
317638.840; Northing: 3261115.932, Pipeline Segment Ends at Easting: 315747.281;
Northing: 3260790.730. Project Description: National Onshore LP requests to
amend Department of the Army Permit 23974 to lay and maintain a pipeline up
to 6 inches in diameter from Station 28+02 to Station 93+44. The total distance
of the proposed pipeline is approximately 6,542 linear feet. Approximately
3,900 cubic yards of material would be moved during pipeline construction.
The pipeline would be buried a minimum of 3 feet by jetting/trenching. CCC
Project No.: 06-0212-F1; Type of Application: U.S.A.C.E. permit application
#23974(01) is being evaluated under §10 of the Rivers and Harbors Act
of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Note: The consistency review for this project may be conducted by the Texas
Railroad Commission under §401 of the Clean Water Act.
Applicant: Davis Petroleum Corporation
; Location:
The project is located approximately 3 miles southeast of San Leon, in Galveston
Bay, State Tract (ST) 311, Galveston County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: Port Bolivar, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 318658; Northing: 3262166.
Project Description: The applicant proposes to drill a well in search for
oil and gas, install and maintain a production platform, well platform, well
pad and lay a flow line from the well to the production platform in ST 311,
Galveston Bay, Galveston County, Texas. CCC Project No.: 06-0219-F1; Type
of Application: U.S.A.C.E. permit application #24110 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review
for this project may be conducted by the Texas Railroad Commission under §401
of the Clean Water Act.
Applicant: Texas Department of Transportation
;
Location: The project is located at the crossing on State Highway (SH) 361
over a section of Redfish Bay, approximately 4.28 miles east of the San Patricio
County line and approximately 2 miles west of Port Aransas, in Nueces County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Port Aransas, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone
14; Easting: 688950; Northing: 3083250. Project Description: The Texas Department
of Transportation (TxDOT) proposes to replace a crossing over Redfish Bay
(Redfish Bay Relief Bridge) on SH 361 with a 46-foot-wide crossing with two
12-foot travel lanes and two 10-foot shoulders that would cover an area of
1.58 acres. The new crossing would be constructed to the southwest of the
existing structure at a maximum offset of 120 feet from the west side of the
existing bridge to the proposed east side of the new structure. Crossing approaches
from SH 361 would be realigned, and approximately 0.03 acres of jurisdictional
wetlands would be impacted by the proposed south side approach for the new
crossing. Vehicle traffic would continue to use the existing crossing while
construction of the new crossing is underway. A temporary platform would be
installed for construction access to minimize the placement of temporary fill
into the water during construction. This temporary platform would cover an
area of approximately 1.70 acres and would be in place for up to 18 months.
The platform includes modular sections supported by 24-inch round steel columns
at each corner which would be installed by diesel impact hammers or vibratory
hammers. Following construction of the new crossing, the temporary platform
and all the steel support columns would be removed. Removal of the existing
crossing structure would occur on a span by span basis working from the existing
structure within 24 months of the completion of the new structure. Beams and
slabs of the existing structure would be disassembled into manageable pieces
and transported off-site for disposal or recycling. The footings of the existing
structure would be removed to 2 feet below the mud line. Best management practices
(BMP's) would be utilized throughout the project to minimize turbidity and
protect water quality. BMP's may include sediment control fencing, rock filter
dams, temporary vegetation and vegetation filter strips. Permanent impacts
to the 0.03 acres of wetlands would be mitigated at the existing crossing
abutment on the north side. The existing abutment and upland areas above the
mean high water line would be excavated to an appropriate elevation to encourage
natural revegetation of jurisdictional wetlands. The mitigation site would
measure 50 by 90 feet and would create an area of 0.10 acre of wetlands. A
survey of the mitigation site would be performed the first full growing season
following the completion of the crossing construction. This survey would include
photo documentation and identification and percent cover of wetland vegetation.
If 70 percent cover of wetland plant species is not achieved, the applicant
will coordinate with the U.S. Army Corps of Engineers (Corps) and perform
the appropriate corrective action. The proposed work would temporarily impact
0.31 acre of wetlands (includes both salt marshes and mangroves), 0.67 acre
of oysters, and 1.77 acre of seagrasses. Temporary impacts could result from
shading, increased turbidity, decreased water quality, and disturbances to
the benthic substrate. A pre-construction survey to establish baseline environmental
conditions would be conducted prior to the state of construction. Post-construction
monitoring surveys would be conducted to evaluate the recovery of affected
resources from the construction of the new crossing, and would consist of
one survey per year for two consecutive years after the crossing replacement.
The first survey would occur after the first full growing season. Each year's
survey would be conducted between June 1 and July 31 utilizing the same protocol
as the pre-construction surveys. If any jurisdictional habitat area has not
recovered from construction impacts, the applicant would consider these resources
to be permanently impacted and would coordinate with the Corps and perform
the appropriate corrective action. CCC Project No.: 06-0222-F1; Type of Application:
U.S.A.C.E. permit application #24093 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of
the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review
for this project may be conducted by the Texas Commission on Environmental
Quality under §401 of the Clean Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Program Specialist, Coastal Coordination Council, P.O. Box
12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments
should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200601817
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 27, 2006
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.
The Texas General Land Office received the federal consistency determination
issued by the National Oceanic and Atmospheric Administration (NOAA) on February
1, 2006, for designation of Mission-Aransas estuary as a National Estuarine
Research Reserve (NERR). NOAA's Federal consistency determination was made
pursuant to the Coastal Zone Management Act 16 U.S.C. §1456(c)(1)(A)
and 15 CFR §921.4(b) which provide that designation of a NERR is deemed
to be a Federal activity, which, if directly affecting the state's coastal
zone, must be undertaken in a manner consistent to the maximum extent practicable
with the approved state coastal management program.
NOAA's federal consistency determination was referred to the Coastal Coordination
Council (Council) which administers the CMP pursuant to the Coastal Coordination
Act (Tex. Nat. Res. Code §§33.201 - 33.212). The federal consistency
determination states that research, education, and stewardship programs of
the proposed NERR support the goals and policies within the CMP by addressing
the need to understand, conserve, and manage the state's Coastal Natural Resource
Areas (CNRAs), by increasing understanding of the physical nature of CNRAs
for the purpose of increasing awareness and stewardship of coastal resources
and minimizing future impacts of human activities to these areas.
As required by federal law, the public was given an opportunity to comment
on NOAA's federal consistency determination. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for this consistency determination
extended 30 days from the date published on the Council's web site. The notice
was published on the web site on February 8, 2006. The public comment period
for this consistency determination closed on March 10, 2006.
The Council reviewed the federal consistency determination by NOAA at its
meeting on March 16, 2006, and voted unanimously to concur with NOAA's determination
that designation of the proposed Mission-Aransas NERR will have beneficial
coastal effects and will be carried out in a manner that is, to the maximum
extent practicable, consistent with the enforceable policies of the approved
CMP and the affected CNRAs designated therein.
TRD-200601818
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 27, 2006
Notice of Request for Proposals
Pursuant to Sections 403.011, 2155.001, and 2156.121, Texas Government
Code, and Chapter 54, Subchapter F, Sections 54.602, 54.611- 618, and 54.636,
Texas Education Code, the Comptroller of Public Accounts (Comptroller), on
behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces
the issuance of its Request for Proposals (RFP #175o) for International Value
Equity Investment Management Services ("Services") for the Board. The selected
respondent will assist the Comptroller and the Board by providing the Services
consistent with the Board's Investment Policy and Guidelines related to the
Texas Tomorrow Constitutional Trust Fund ("Fund"), as described in this RFP
and the contract, if any resulting from it ("Contract"). This RFP relates
to the Board's portfolio of investment assets for its prepaid tuition plan,
which is designed to comply with Section 529 of the Internal Revenue Code.
The prepaid tuition plan currently has approximately $1.6 billion dollars
in invested assets. The Comptroller, as Chair and Executive Director of the
Board, is issuing this RFP in order that the Board may move forward with retaining
the necessary Services. The Comptroller and the Board reserve the right to
award more than one contract under the RFP. If approved by the Board, the
successful respondent(s) will be expected to begin performance of the contract
on or about June 1, 2006.
Contact: Parties interested in submitting a proposal should contact William
Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain
a complete copy of the RFP. The Comptroller will mail copies of the RFP only
to those parties specifically requesting a copy. The RFP will be available
for pick-up at the above referenced address on Friday, April 7, 2006, after
10 a.m. Central Zone Time (CZT), and during normal business hours thereafter.
The Comptroller will also make the entire RFP available electronically on
the Electronic State Business Daily after 10:00 a.m. CZT on Friday, April
7, 2006. The website address is http://esbd.tbpc.state.tx.us/1380/sagency.cfm.
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions,
and non-mandatory Letters of Intent to propose must be received at the above-referenced
address not later than 2:00 p.m. (CZT) on Friday, April 21, 2006. Prospective
respondents are encouraged to fax non-mandatory Letters of Intent and Questions
to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed
to William Clay Harris, Assistant General Counsel, Contracts, and must contain
the information as stated in the corresponding Section of the RFP and be signed
by an official of that entity. Non-mandatory Letters of Intent and Questions
received after this time and date will not be considered. On or before Tuesday,
April 25, 2006, the Comptroller expects to post responses to questions as
a revision to the Electronic State Business Daily notice on the issuance of
this RFP. Respondents shall be solely responsible for confirming the timely
receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be delivered to the Office of the Assistant
General Counsel, Contracts, at the location specified above (ROOM G24), no
later than 2:00 p.m. (CZT), on Tuesday, May 2, 2006. Proposals received in
ROOM G24 after this time and date will not be considered regardless of the
reason for the late delivery and receipt. Respondents are encouraged to and
solely responsible for verifying timely receipt of proposals in that office
(ROOM G24).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria
outlined in the RFP. The Board shall make the final decision on any contract
award or awards resulting from this RFP. The Comptroller and the Board each
reserve the right, in their sole discretion, to accept or reject any or all
proposals submitted. The Comptroller and the Board are not obligated to execute
any contracts on the basis of this notice or the distribution of any RFP.
The Comptroller and the Board shall not pay for any costs incurred by any
entity in responding to this notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as
follows: Issuance of RFP - April 7, 2006, after 10:00 a.m. CZT; Non-Mandatory
Letters of Intent to propose and Questions Due - April 21, 2006, 2:00 p.m.
CZT; Official Responses to Questions posted - April 25, 2006; Proposals Due
- May 2, 2006, 2:00 p.m. CZT; Contract Execution - June 1, 2006, or as soon
thereafter as practical; Commencement of Project Activities - June 1, 2006,
or as soon thereafter as practical.
TRD-200601876
Pamela Smith
Deputy General Counsel, Contracts
Comptroller of Public Accounts
Filed: March 29, 2006
Pursuant to Chapters 403 and 404, Texas Government Code, the Comptroller
of Public Accounts (Comptroller) announces the issuance of its Request for
Proposals (RFP) from qualified financial institutions to provide the Comptroller
with Automated Clearing House (ACH) Services as described in the RFP. The
successful respondent(s) will be expected to begin performance of the contract
on or about September 1, 2006.
Contact: Parties interested in submitting a proposal should contact Thomas
H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., ROOM G-24, Austin, Texas 78774, telephone number: (512) 305-8673,
to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only
to those specifically requesting a copy. The RFP will be available for pick-up
at the above-referenced address on Friday, April 7, 2006, after 10:00 a.m.,
Central Zone Time (CZT), and during normal business hours thereafter. The
Comptroller will also make the RFP available electronically on the Electronic
State Business Daily after 10:00 a.m. (CZT), on Friday, April 7, 2006.
Questions: All questions concerning the RFP must be in writing and submitted
no later than Wednesday, April 19, 2006, 2:00 p.m. (CZT). Questions must be
faxed to (512) 475-0973 or e-mailed to contracts@cpa.state.tx.us, Attn.: Thomas
H. Hill, Assistant General Counsel, Contracts. On or before Thursday, April
27, 2006, the Comptroller expects to post answers to these written questions
as a revision to the Electronic State Business Daily notice on the issuance
of this RFP. The address of the Electronic State Business Daily is http://esbd.tbpc.state.tx.us/1380/sagency.cfm.
Respondents shall be solely responsible for confirming the timely receipt
of Non-Mandatory Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be received in Deputy General Counsel for
Contracts' Office at the location specified above (ROOM G-24) no later than
2:00 p.m. (CZT), on Friday, May 12, 2006. Proposals received in ROOM G-24
after this time and date will not be considered. Respondents shall be solely
responsible for verifying timely receipt of proposals and all required copies
in the Issuing Office by the deadline.
Evaluation and Award Procedure: All proposals will be subject to evaluation
by a committee based on the evaluation criteria and procedures set forth in
the RFP. The Comptroller will make the final decision.
The Comptroller reserves the right to accept or reject any or all proposals
submitted. The Comptroller of Public Accounts is under no legal or other obligation
to execute a contract on the basis of this notice or the distribution of any
RFP. The Comptroller shall pay for no costs incurred by any entity in responding
to this Notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - April
7, 2006, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due
- April 19, 2006, 2:00 p.m. CZT; Proposals Due - May 12, 2006, 2:00 p.m. CZT;
Contract Execution - June 23, 2006, or as soon thereafter as practical; Transition,
if any, to begin on June 26, 2006, or as soon thereafter as practical for
commencement of Project Activities - September 1, 2006.
TRD-200601859
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: March 28, 2006
Pursuant to Chapter 2254, Subchapter B, Chapter 403, Texas Government Code,
the Comptroller of Public Accounts (Comptroller) announces this notice of
intent to amend and increase a major consulting services contract in connection
with the Request for Proposals (RFP #174a) for pooled consulting services
to assist the Comptroller with Appraisal Standards Reviews of Selected County
Appraisal Districts.
Comptroller announces that the consulting contract with AMF Appraisal Group,
Inc., 402 Simonton, Suite 100, Conroe, Texas 77301, with a total amount of
not-to-exceed $40,000.00 is amended to a new total not-to-exceed $80,000.00.
The term of the contract is November 16, 2005 through August 31, 2006. This
amendment does not extend or modify the term of the contract.
The notice of request for proposals (RFP #174a) was published in the September
9, 2005, issue of the
Texas Register
(30 TexReg
5847). The notice of award was published in the December 24, 2005, issue of
the
Texas Register
. All final reports are
due on or before August 31, 2006.
TRD-200601887
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: March 29, 2006
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,
303.005, and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 04/03/06 - 04/09/06 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 04/03/06 - 04/09/06 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005
3
for the period of 04/01/06 - 04/30/06 is 18% for Consumer/Agricultural/Commercial
credit thru $250,000.
The monthly ceiling as prescribed by §303.005 for the period of 04/01/06
- 04/30/06 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment,
or other similar purpose.
3
For variable rate commercial transactions
only.
TRD-200601840
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 28, 2006
Correction of Error
The Texas Commission on Environmental Quality adopted 30 TAC §91.30,
concerning definitions. The adoption notice appeared in the March 24, 2006,
issue of the
Texas Register
(31 TexReg 2485).
On page 2490, paragraph (4), the dash was omitted between the term "FutureGen
Project" and the definition text.
TRD-200601886
The Texas Commission on Environmental Quality adopted new, amendments,
and the repeal of rules, concerning Chapter 330, Municipal Solid Waste. The
adoption notice was published in the March 24, 2006, issue of the
Texas Register
(31 TexReg 2502). Please note the following corrections
to the adopted rule package. The Texas Administrative Code will reflect these
corrections.
On page 2601, a submission error was made in §330.5(a)(2), in the
third sentence. The cross-reference to "Subchapter N of this chapter (relating
to Landfill Mining);'' should be deleted.
On page 2601, a submission error was made in §330.5(a)(7), in the
second sentence. The cross-reference to "§330.9(h)'' should be "330.9(k)''.
On page 2602, a submission error was made in §330.5(d) in the last
sentence. The cross-reference to "Subchapter L'' should be "Subchapter K''.
On page 2605, a submission error was made in §330.9(b)(4). The cross-reference
to "§330.5(c)'' should be "§330.5(a)''.
On page 2606, a submission error was made in §330.9(h) in the third
sentence. The cross-reference to "330.63(a), (d)(7), (h), and (j)'' should
be "330.63(a), (d)(6), (h), and (j)''.
On pages 2606 and 2607, submission errors were made in §330.9(l)(2)
and (3). In both paragraphs the cross-reference to "§330.1211(m)'' should
be "§330.1211(l)''.
On page 2607, a submission error was made in §330.9(l)(5). The cross-reference
to "§330.1211(n)'' should be "§330.1211(m)''.
On page 2607, a submission error was made in §330.9(m)(2). The cross-reference
to "§330.1221(k)'' should be "§330.1221(l)''.
On page 2607, a submission error was made in §330.9(m)(5). The cross-reference
to "§330.1221(l)'' should be "§330.1221(m)''.
On page 2625, a submission error was made in §330.63(f)(7) in the
first sentence. The cross-reference to "§330.419'' should be "§330.409''.
On page 2626, a submission error was made in §330.71(b). The cross-reference
to "subsections (e) and (f)'' should be "subsection (f)''.
On page 2635, a submission error was made in §330.171(c)(3)(I). The
cross-reference to "§330.137(g) - (i) of this title (relating to Site
Sign)'' should be "§330.173(g) - (i) of this title (relating to Disposal
of Industrial Wastes)''.
On page 2636, a submission error was made in §330.173(c) in the last
sentence. The cross-reference to "subsections (g) - (i)'' should be "subsections
(g) and (h)''.
On page 2651, a submission error was made in §330.407(b)(1). The cross-reference
to "paragraph (2) of this subsection'' should be "paragraphs (2) and (3) of
this subsection''.
On page 2654, a submission error was made in §330.415(f)(2) in the
first sentence. The cross-reference to "§330.405(f)'' should be "§330.405(e)
and (f)''.
TRD-200601885
An order was entered regarding J.M. Craven dba Craven Truck Center, Docket
No. 2004-0539-PST-E on 03/24/2006.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087.
An default order was entered regarding Mark Stewart dba Stewart Water,
Docket No. 2005-0073-PWS-E on 03/23/2006 assessing $2,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Courtney St. Julian, Staff Attorney at (512) 239-0617, Texas Commission on
Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087.
TRD-200601871
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 29, 2006
The Texas Commission on Environmental Quality, formerly known as the Texas
Natural Resource Conservation Commission (commission or TCEQ) is required
under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter
361 (the Act) to identify, to the extent feasible, and evaluate facilities
which may constitute an imminent and substantial endangerment to public health
and safety or to the environment due to a release or threatened release of
hazardous substances into the environment. The first registry identifying
these sites was published in the January 16, 1987, issue of the
Texas Register
(12 TexReg 205). In accordance with the Act, §361.181,
the commission must update the state Superfund registry annually to add new
facilities in accordance with the Act, §361.184(a) and §361.188(a)(1)
(see also 30 TAC §335.343) or to delete facilities in accordance with
the Act, §361.189 (see also 30 TAC §335.344). The current notice
also includes facilities where state Superfund action has ended, or where
cleanup is being adequately addressed by other means.
Pursuant to the Act, §361.188, the state Superfund registry identifying
those facilities that are listed and have been determined to pose an imminent
and substantial endangerment in descending order of hazard ranking system
(HRS) scores are as follows.
Col-Tex Refinery. Located on both sides of Business Interstate 20 (U. S.
80) in Colorado City, Mitchell County: tank farm and refinery.
J.C. Pennco Waste Oil Service. Located at 4927 Higdon Road, San Antonio,
Bexar County: waste oil and used drum recycling.
Precision Machine and Supply. Located at 500 West Olive Street, Odessa,
Ector County: chrome plating and machine shop.
Sonics International, Inc. Located north of Farm Road 101, approximately
two miles west of Ranger, Eastland County: industrial waste injection wells.
Maintech International. Located at 8300 Old Ferry Road, Port Arthur, Jefferson
County: chemical cleaning and equipment hydroblasting.
Federated Metals. Located at 9200 Market Street, Houston, Harris County:
magnesium dross/sludge disposal, inactive landfill.
Niagara Chemical. Located west of the intersection of Commerce Street and
Adams Avenue, Harlingen, Cameron County: pesticide formulation.
International Creosoting. Located at 1110 Pine Street, Beaumont, Jefferson
County: wood treatment.
McBay Oil & Gas. Located approximately three miles northwest of Grapeland
on Farm Road 1272, Houston County: oil refinery and oil reclamation plant.
Materials Recovery Enterprises. Located about four miles southwest of Ovalo,
near U. S. 83 and Farm Road 604, Taylor County: Class 1 industrial waste management.
Toups. Located on the west side of Texas 326, 2.1 miles north of its intersection
with Texas 105, in Sour Lake, Hardin County: fence post treating facility
and municipal waste.
Harris Sand Pits. Located at 23340 South Texas 16, approximately 10.5 miles
south of San Antonio at Von Ormy, Bexar County: commercial sand and clay pit.
JCS Company. Located north of Phalba on County Road 2415, approximately
1.5 miles west of the intersection of County Road 2403 and Texas 198, Van
Zandt County: lead-acid battery recycling.
Jerrell B. Thompson Battery. Located north of Phalba on County Road 2410,
approximately one mile north of the intersection of County Road 2410 and Texas
198, Van Zandt County: lead acid battery recycling.
Hayes-Sammons Warehouse. Located at Miller Avenue and East Eighth Street,
Mission, Hidalgo County: commercial grade pesticide storage.
Jensen Drive Scrap. Located at 3603 Jensen Drive, Houston, Harris County:
scrap salvage.
State Highway 123 PCE Plume. Located near the intersection of State Highway
123 and Interstate Highway 35 (IH-35) in San Marcos, Hays County: contaminated
groundwater plume.
Baldwin Waste Oil Company. Located on County Road 44 approximately 0.1
mile west of its intersection with Farm Road 1889, Robstown, Nueces County:
waste oil processing.
Hall Street. Located north of the intersection of 20th Street East and
California Street, north of the Dickinson city limits, Galveston County: waste
disposal and landfill/open field dumping.
Unnamed Plating. Located at 6816 - 6824 Industrial Avenue, El Paso, El
Paso County: metals processing and recovery.
Tricon America, Inc. Located at 101 East Hampton Road, Crowley, Tarrant
County: aluminum and zinc smelting and casting.
Pursuant to the Act, §361.181, those facilities that may pose an imminent
and substantial endangerment, and which have been proposed to the state Superfund
registry, are set out in descending order of hazard ranking system (HRS) scores
as follows.
Kingsland. Located in the vicinity of the 2100 and 2400 blocks of Farm-to-Market
Road 1431, in the community of Kingsland, Llano County: two groundwater plumes.
First Quality Cylinders. Located at 931 West Laurel Street, San Antonio,
Bexar County: aircraft cylinder rebuilder.
Rogers Delinted Cottonseed - Colorado City. Located near the intersection
of Interstate Highway 20 and State Highway 208 in Colorado City, Mitchell
County: former cottonseed delinting, processing.
ArChem Thames/Chelsea. Located at 13013 Conklin Lane, Houston, Harris County:
chemical manufacturing and recycling.
Hicks Field Sewer Corporation. Located approximately 2.5 miles northwest
of Saginaw, southwest of Big Fossil Creek, and approximately 1.8 miles west
of the intersection of U. S. Highway 81-287 and Farm-to-Market Road 156, Tarrant
County: former sewage treatment facility.
Industrial Road/Industrial Metals. Located at 3000 Agnes Street, Corpus
Christi, Nueces County: lead acid battery recycling and copper coil salvage.
Tenaha Wood Treating. Located at 275 County Road 4382, about 1-1/2 miles
south of the city limits and near the intersection of U. S. Highway 96 and
County Road 4382, Tenaha, Shelby County: wood treatment.
Poly-Cycle Industries, Inc., Tecula. Located northeast of Tecula on the
southeast corner of the intersection of Farm-to-Market Road 2064 and County
Road 4216, Cherokee County: lead acid battery recycling.
Sherman Foundry. Located at 532 East King Street in south central Sherman,
Grayson County: cast iron foundry.
James Barr Facility. Located in the 3300 block of Industrial Road, Pearland,
Brazoria County: vacuum truck waste storage facility.
Pioneer Oil and Refining Company. Located at 20280 South Payne Road, outside
of Somerset, Bexar County: oil refinery.
Voda Petroleum, Inc. Located at 211 Duncan Street, Clarksville City, Gregg
County: waste oil recycling facility.
Force Road Oil and Vacuum Truck Company. Located at 1722 County Road 573
(Alloy Road), approximately 1,300 feet east of the Brazoria-Fort Bend county
line, Brazoria County: oily wastewater disposal and oil recovery facility.
Marshall Wood Preserving. Located at 2700 West Houston Street, Marshall,
Harrison County: wood treatment.
Avinger Development Company (ADCO). Located on the south side of Texas
155, approximately 1/4 mile east of the intersection with Texas 49, Avinger,
Cass County: wood treatment.
Harvey Industries, Inc. Located at the southeast corner of Farm Road 2495
and Texas 31 (One Curtis Mathes Drive), Athens, Henderson County: television
cabinets and circuit board manufacturing.
Hu-Mar Chemicals. Located north of McGothlin Road, between the old Southern
Pacific Railroad tracks and 12th Street, Palacios, Matagorda County: pesticide
and herbicide formulation.
American Zinc. Located approximately 3.5 miles north of Dumas on U. S.
287 and five miles east on Farm Road 119, Moore County: zinc smelter.
El Paso Plating Works. Located at 2422 Wyoming Avenue, El Paso, El Paso
County: metal plating.
Ballard Pits. Located at the end of Ballard Lane, west of its intersection
with County Road 73, approximately 5.8 miles north of Robstown in Nueces County:
storage and disposal of hazardous substances.
Cass County Wood Treating. Located at 304 Hall Street within the southeastern
city limits of Linden, Cass County: wood treatment.
Cox Road Dump Site. Located on the west side of County Road 491 (Cox Road)
about one mile north of FM 1413 in Dayton, Liberty County: waste disposal
landfill.
Spector Salvage Yard. Located at Jackson Avenue and Tenth Street, Orange,
Orange County: military surplus and chemical salvage yard.
San Angelo Electric Service Company (SESCO). Located at 926 Pulliam Street
in a residential area of northeastern San Angelo, Tom Green County: electric
transformer recycling.
Tucker Oil Refinery/Clinton Manges Oil & Refining Company. Located
on the east side of U.S. Highway 79 in the rural community of Tucker, Anderson
County: oil refinery.
Rogers Delinted Cottonseed Co. - Farmersville. Located at the intersection
of State Highway 380 and Farm-to-Market Road 547, approximately one mile east
of Farmersville, Collin County: former cottonseed delinting processing facility.
Dorchester Refining Company. Located in the 1700 block of West First Street
on the west border of the city of Mount Pleasant, Titus County: oil refinery.
Bailey Metal Processors, Inc. Located one mile northwest of Brady on Highway
87, McCulloch County: scrap metal dealer, primarily conducting copper and
lead reclamation.
City View Road Groundwater Plume. Located northwest of the intersection
of Interstate Highway 20 and State Highway 158 in Midland County: groundwater
contamination plume.
Mineral Wool Insulation Manufacturing Company. Located on Shaw Road at
the northwest corner of the city limits of Rogers, Bell County: mineral wool
manufacturing.
Poly-Cycle Industries, Jacksonville. Located at 2505 South Jackson Street,
Jacksonville, Cherokee County: lead acid battery chips recycler and lead recovery.
Since the last
Texas Register
publication
on April 29, 2005 (30 TexReg 2583), the TCEQ has determined that ten facilities
may pose an imminent and substantial endangerment to public health and safety
or the environment and in accordance with the Act, §361.184(a), have
been added to the list of sites proposed to the state Superfund registry.
Ballard Pits.
Cass County Wood Treating.
City View Road Groundwater Plume.
Cox Road Dump Site.
Dorchester Refining Company.
Mineral Wool Insulation Manufacturing Company.
Rogers Delinted Cottonseed - Colorado City.
San Angelo Electric Service Company (SESCO).
Sherman Foundry.
Tenaha Wood Treating.
Also, the TCEQ has determined that two sites, Texas American Oil and Phipps
Plating, no longer pose an imminent and substantial endangerment to public
health or the environment and have been deleted pursuant to 30 TAC §335.344(c).
McNabb Flying Services has been accepted into the Voluntary Cleanup Program
and was deleted from the state Superfund registry as provided by the Act, §361.189(a)
and 30 TAC §335.344(c).
One site, State Highway 123 PCE Plume, was moved from proposed to the listed
category in accordance with the Act, §361.188.
To date, 38 sites have been deleted from the state Superfund registry in
accordance with the Act, §361.189 (see also the Act, §361.183(a)
and 30 TAC §335.344):
Aztec Ceramics, Bexar County;
Aztec Mercury, Brazoria County;
Barlow's Wills Point Plating, Van Zandt County;
Bestplate Inc., Dallas County;
Butler Ranch, Karnes County;
Crimm-Hammett, Rusk County;
Double R Plating Company, Cass County;
Gulf Metals Industries, Harris County;
Hagerson Road Drum, Fort Bend County;
Harkey Road, Brazoria County;
Hart Creosoting, Jasper County;
Hi-Yield, Hunt County;
Higgins Wood Preserving, Angelina County;
Houston Lead, Harris County;
Houston Scrap, Harris County;
Kingsbury Metal Finishing, Guadalupe County;
LaPata Oil Company, Harris County;
Lyon Property, Kimble County;
McNabb Flying Service, Brazoria County;
Melton Kelly Property, Navarro County;
Munoz Borrow Pits, Hidalgo County;
Newton Wood Preserving, Newton County;
Old Lufkin Creosoting, Angelina County;
Permian Chemical, Ector County;
Phipps Plating, Bexar County;
PIP Minerals, Liberty County;
Poly-Cycle Industries, Ellis County;
Rio Grande Refinery I, Hardin County;
Rio Grande Refinery II, Hardin County;
Sampson Horrice, Dallas County;
Solvent Recovery Services, Fort Bend County;
South Texas Solvents, Nueces County;
State Marine, Jefferson County;
Stoller Chemical Company, Hale County;
Texas American Oil, Ellis County;
Thompson Hayward Chemical, Knox County;
Waste Oil Tank Services, Harris County;
Wortham Lead Salvage, Henderson County.
The public records for each of the sites are available for inspection and
copying during regular TCEQ business hours at the TCEQ Records Management
Center, Building E, North Entrance, 12100 Park 35 Circle, Austin, Texas 78753,
(800) 633-9363 or (512) 239-2920. For persons with disabilities, parking is
available on the east side of Building D, convenient to access ramps that
are located between Buildings D and E. There is no charge for viewing the
files; however, use of copiers to reproduce file information is subject to
payment of a fee.
TRD-200601856
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: March 28, 2006
The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity
for public comment and will conduct a public meeting to receive testimony
concerning proposed amendments to the standard permit for electric generating
units (EGUs) proposed for issuance under the Texas Clean Air Act, Texas Health
and Safety Code, §382.05195, Standard Permit, and 30 TAC Chapter 116,
Subchapter F, Standard Permits.
PROPOSED AMENDED STANDARD PERMIT
The proposed amendments to the standard permit for EGUs would allow very
small units (those with a capacity less than or equal to 100 kilowatts (kW))
in East Texas to comply with the pre-2005 nitrogen oxides (NO
x
) limit of 0.47 pounds per megawatt-hour (lb/MWh). The existing standard
permit requires units in East Texas constructed on or after January 1, 2005,
and operating more than 300 hours per year, to comply with a NO
x
emission limit of 0.14 lb/MWh. This amendment is being proposed because
the technology needed for very small EGUs to comply with a standard of 0.14
lb/MWh has not developed as rapidly as the commission anticipated. The commission
specifically invites comment on current and future technologies used to control
or minimize emissions from small EGUs. The proposed amendments to the standard
permit would also increase the NO
x
emission limit
for units combusting landfill gas, stranded oilfield gas, digester gas, and
other gaseous renewable fuels from 1.77 lb/MWh to 1.90 lb/MWh. The proposed
amendments would delete the hydrogen sulfide fuel concentration limit which
applies to gaseous fuels; however, the total sulfur fuel concentration limit
would remain in place. The proposed amendments would provide more flexibility
for the use of renewable fuels under the standard permit. The proposed amendments
also contain organizational and grammatical changes to improve readability
and enforceability.
The New Source Review Program under 30 TAC Chapter 116, Control of Air
Pollution by Permits for New Construction or Modification, requires any person
who plans to construct any new facility or to engage in the modification of
any existing facility which may emit air contaminants into the air of the
state to obtain a permit in accordance with 30 TAC §116.111, General
Application, satisfy the de minimis criteria of 30 TAC §116.119, De Minimis
Facilities or Sources, or satisfy the conditions of a standard permit, a flexible
permit, or a permit by rule before any actual work is begun on the facility.
A standard permit authorizes the construction or modification of new or existing
facilities which are similar in terms of operations, processes, and emissions.
An amendment to a standard permit is subject to the procedural requirements
of 30 TAC §116.605, Standard Permit Amendment and Revocation, which includes
a 30-day public comment period and a public meeting to provide an additional
opportunity for public comment. Any person who may be affected by the emission
of air pollutants from facilities that may be registered under the standard
permit is entitled to submit written or verbal comments regarding the proposed
standard permit.
PUBLIC MEETING
A public meeting on the proposed amendments to the standard permit for
EGUs will be held in Austin, Texas. The meeting will be structured for the
receipt of oral or written comments by interested persons. Individuals may
present oral statements when called upon in order of registration. Open discussion
with the audience will not occur during the meeting; however, TCEQ staff will
be available to discuss the standard permit for EGUs 30 minutes prior to the
meeting and staff will also answer questions after the meeting. The public
meeting will be held on May 10, 2006, at 1:30 p.m., at the Texas Commission
on Environmental Quality, Building F, Room 2210, 12100 Park 35 Circle, Austin.
PUBLIC COMMENT AND INFORMATION
Copies of the proposed amendments to the standard permit for EGUs may be
obtained from the TCEQ Web site at
http://www.tceq.state.tx.us/permitting/air/newsourcereview/combustion/egu_sp.html
or by contacting the Texas Commission on Environmental Quality, Office
of Permitting, Remediation, and Registration, Air Permits Division, at (512)
239-1250. Comments may be mailed to Michael Wilhoit, Texas Commission on Environmental
Quality, Office of Permitting, Remediation, and Registration, Air Permits
Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512)
239-1070. All comments should reference the standard permit for EGUs. Comments
must be received by 5:00 p.m. on May 10, 2006. To inquire about the submittal
of comments or for further information, contact Mr. Wilhoit at (512) 239-1222.
Si desea información en Español, puede llamar al (800) 687-4040.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the public meeting should contact the TCEQ
at (512) 239-1250. Requests should be made as far in advance as possible.
TRD-200601873
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: March 29, 2006
The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity
for public comment and a notice and comment hearing (hearing) on the draft
revisions to Municipal Solid Waste Landfill (MSWL) General Operating Permit
(GOP) Number 517. The draft GOP contains revisions to codified applicable
requirements and the codification of the newly adopted New Source Review standard
permit for MSWL facilities.
The draft GOP is subject to a 30-day comment period. During the comment
period, any person may submit written comments on the draft GOP. A hearing
will be held in Austin on May 8, 2006, at 11:00 a.m. in Room 131E of TCEQ,
Building C, located at 12100 Park 35 Circle. The hearing will be structured
for the receipt of oral or written comments by interested persons. Individuals
may present statements when called upon in order of registration. Open discussion
within the audience will not occur during the hearing; however, a TCEQ staff
member will be available to discuss the draft GOP 30 minutes prior to the
hearing and will also be available to answer questions after the hearing.
Copies of the draft GOP may be obtained from the TCEQ Web site at http://www.tceq.state.tx.us/permitting/air/nav/air_genoppermits.html
or by contacting the TCEQ Office of Permitting, Remediation and Registration,
Air Permits Division at (512) 239-1250. Written comments may be mailed to
Bruce Buchanan, Texas Commission on Environmental Quality, Office of Permitting,
Remediation and Registration, Air Permits Division, MC 163, P.O. Box 13087,
Austin, Texas 78711-3087 or faxed to (512) 239-1070. All comments should reference
the draft MSWL GOP. Comments must be received by 5:00 p.m., May 12, 2006.
For further information, contact Mr. Buchanan at (512) 239-0280.
Persons who have special communication or other accommodation needs who
are planning to attend the hearing should contact the TCEQ at (512) 239-4900.
Requests should be made as far in advance as possible.
TRD-200601874
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: March 29, 2006
Notice Mailed March 28, 2006
TCEQ Internal Control No. 01202006-D04; Talley Ranch Management, LTD. (Petitioner)
filed a petition for creation of Talley Ranch Water Control and Improvement
District No. 1 of Denton 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 TAC Chapter 293; and the procedural rules of the TCEQ. The
petition states that: (1) the Petitioner is the owner of all of the land to
be included in the proposed District; (2) there are no lienholders on the
property to be included in the proposed District; (3) the proposed District
will contain approximately 3,545.8 acres located within Denton County, Texas;
and (4) the proposed District is within the corporate limits or extraterritorial
jurisdiction of Pilot Point, Texas. By Ordinance No. 427-05, effective July
25, 2005, the City of Pilot Point, Texas, gave its consent to the creation
of the proposed District. The petition further states that the proposed District
will: (1) design, construct, acquire, maintain, and operate a waterworks and
sanitary sewer system for domestic and commercial purposes; (2) design, construct,
acquire, 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 waters, as more particularly
described in an engineer's report filed simultaneously with the filing of
the petition; and (4) design, construct, acquire, improve, maintain, and operate
any additional facilities, systems, plants, and enterprises consistent with
the purposes for which the District is created. 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 $154,700,000.
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, at the same address. For additional information, individual members
of the general public may contact the Districts Review Team at (512) 239-4691.
Si desea informacion en Espanol, puede llamar al 1-800-687-4040. General information
regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200601869
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 29, 2006
The purpose of the meeting is to obtain public input and information concerning
proposal of the facility to the state registry of Superfund sites, the identification
of potentially responsible parties, and the proposal of using non-residential
standards for setting cleanup levels at the site.
The Texas Commission on Environmental Quality (TCEQ or commission) is required
under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter
361, as amended (the Act), to annually publish a state registry that identifies
facilities that may constitute an imminent and substantial endangerment to
public health and safety or the environment due to a release or threatened
release of hazardous substances into the environment. The most recent registry
listing of these facilities was published in the April 29, 2005, issue of
the
Texas Register
(30 TexReg 2583).
Pursuant to the Act, §361.184(a), the commission must publish a notice
of intent to list a facility on the state registry of state Superfund sites
in the
Texas Register
and in a newspaper of
general circulation in the county in which the facility is located. With this
publication, the commission hereby gives notice of a facility that the executive
director has determined eligible for listing and which the executive director
proposes to list on the state registry. By this publication, the commission
also gives notice pursuant to the Act, §361.1855, that it proposes a
land use other than residential as appropriate for cleanup of the facility
identified. The commission proposes a commercial/industrial land use designation.
Determination of appropriate land use cleanup levels may impact the remedial
investigation and remedial action for the site. The TCEQ is proposing a land
use designation of commercial/industrial based on the existing use of the
property, as is prescribed in the Texas Risk Reduction Program rule at 30
TAC §350.53.
This publication also specifies the general nature of the potential endangerment
to public health and safety or the environment as determined by information
currently available to the executive director. This notice of intent to list
this facility was also published on April 7, 2006, in the
Herald Democrat
.
The facility proposed for listing is the Sherman Foundry Site (also known
as Old Foundry), located at 532 East King Street, Sherman (Grayson County)
Texas. The geographic coordinates of the site are Latitude 33 degrees 37 minutes
59.5 seconds /Longitude 96 degrees 36 minutes 06.5 seconds. The description
of the site is based on information available at the time the site was evaluated
with the Hazard Ranking System (HRS). The HRS is the principal screening guide
used by the commission to evaluate potential, relative risk to public health
and the environment from releases or threatened releases of hazardous substances.
The description may change as additional information is gathered on the sources
and extent of contamination.
The facility known as the Sherman Foundry (also known as Old Foundry) covers
approximately 5.1 acres and is located in a mixed residential/industrial area
in south central Sherman bordered on the east and west by Southern Pacific
Railroad lines, Cherry Street to the north, and East King Street to the south.
Records indicate that the Sherman Foundry was active from as early as 1947
to October 2000.
The facility was a cast iron foundry. The facility contains industrial
process wastes remaining in the former metals process area, three large on-site
foundry waste stockpiles, two 55-gallon drum storage areas, two baghouse collection
hoppers, and a former paint shop. The site has a closed/capped deed-recorded
pre-Resource Conservation and Recovery Act solid waste landfill measuring
15 feet by 50 feet containing a reported 21 cubic yards of buried cupola baghouse
dust located in the northeast corner of the property. In addition, three off-site
landfill areas have been identified where foundry sand and slag wastes were
used as fill material that may have included cupola furnace baghouse dust
containing hazardous levels of lead and cadmium.
On June 1, 2000, a default order (Docket No. 1999-0096-Air-E) against the
Sherman Foundry was issued for failure to respond to rule violations and for
failure to comply with provisions of a TCEQ issued Agreed Order. In January
2003, the TCEQ performed a site screening investigation and determined that
conditions at the site required a removal action due to the potential exposure
of the public and the environment to hazardous substances found at the site.
During August 2003, a contractor for the TCEQ performed removal activities
of numerous containers with hazardous wastes.
As part of the August 2003 activities, the TCEQ repaired the existing fence
and installed approximately 450 linear feet of new fencing to secure the property.
In addition to the security fence, two vehicle entrance gates were installed
to limit access to the property.
A public meeting will be held on May 18, 2006, at 7:00 p.m., at the Hope
Waller Community Room, located at 421 North Travis, Sherman, Texas. The purpose
of this meeting is to obtain additional information regarding the site relative
to its eligibility for listing on the state registry, identify additional
potentially responsible parties, and obtain public input and information regarding
the appropriate use of land on which the facility that is the subject of this
notice is located. The public meeting is not a contested case hearing under
the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).
All persons desiring to make comments may do so prior to or at the public
meeting. All comments submitted prior to the public meeting must be received
by 5:00 p.m., May 17, 2006, and should be sent in writing to Robert Musick,
Project Manager, TCEQ, Remediation Division, MC 136, P. O. Box 13087, Austin,
Texas 78711-3087 or facsimile at (512) 239-2450. The public comment period
for this action will end at the close of the public meeting on May 18, 2006.
A portion of the record for this site, including documents pertinent to
the executive director's determination of eligibility, is available for review
at the Sherman Public Library, 421 North Travis, Sherman, Texas 75090, (903)
892-7240, during regular business hours. Copies of the complete public record
file may be obtained during regular business hours at the commission's Records
Management Center, Building E, First Floor, Records Customer Service, 12100
Park 35 Circle, Austin, Texas 78753, (800) 633-9363. Photocopying of file
information is subject to payment of a fee. Parking is available on the east
side of Building D, convenient to access ramps that are between Buildings
D and E.
Information is also available regarding the state Superfund program on
the TCEQ Web site located at
www.tceq.state.tx.us/remediation/superfund/index.html
.
Persons who have special communication or other accommodation needs who
are planning to attend the meeting should contact the agency at (800) 633-9363
or (512) 239-2463. Requests should be made as far in advance as possible.
For further information about this site or the public meeting, please call
Crystal Taylor, TCEQ Community Relations, at (800) 633-9363.
TRD-200601857
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: March 28, 2006
The following notices were issued during the period of March 16, 2006
through March 28, 2006.
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.
ALAMO CEMENT COMPANY II, LTD. which operates a portland cement plant has
applied for a renewal of Permit No. WQ0002281000, which authorizes the disposal
of noncontact cooling water, vehicle wash water, storm water runoff, and well
water on an intermittent basis via evaporation. This permit will not authorize
a discharge of pollutants into water in the State. The facility and disposal
site are located at 6055 West Green Mountain Road, in the City of San Antonio,
Bexar County, Texas. The facility and disposal site are located in the drainage
area of Upper Cibolo Creek, in Segment No. 1908 of the San Antonio River Basin.
CITY OF CADDO MILLS has applied for a renewal of TPDES Permit No. 10425-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 200,000 gallons per day. The facility is located approximately
0.7 mile south of the intersection of State Highway 60 and Farm-to-Market
Road 36 in Hunt County, Texas.
CITY OF CLARENDON has applied for a renewal of Permit No. 10007-001, which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 280,000 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 approximately 4,000 feet northeast of the intersection
of U. S. Highway 287 and Farm-to-Market Road 2162 in Donley County, Texas.
CITY OF EDINBURG has applied for a renewal of TPDES Permit No. WQ0010503002,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 5,900,000 gallons per day. The facility is located
northeast of the City of Edinburg immediately northeast of the intersection
of North "M" Road and the Southern Union Pacific Railroad track easement in
Hidalgo County, Texas.
CITY OF FATE has applied for a renewal of TPDES Permit No. 11077-003,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 314,000 gallons per day in the interim phase and 474,000
in the final phase. The facility is located approximately 0.01 mile east of
State Highway 66 or approximately 0.04 mile northeast of the intersection
of State Highway 66 and State Highway 551 in Rockwall County, Texas.
CITY OF LINDALE has applied to the Texas Commission on Environmental Quality
(TCEQ) for a renewal of TPDES Permit No. 10412-001, which authorizes the discharge
of treated domestic wastewater at an annual average flow not to exceed 1,300,000
gallons per day. The facility is located approximately 2,000 feet east of
U. S. Highway 69 and approximately 4,000 feet north of Farm-to-Market Road
16 in Smith County, Texas.
CITY OF LINDALE has applied for a renewal of TPDES Permit No. 10412-002,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 72,000 gallons per day. The facility is located adjacent
to Interstate Highway 20 approximately 0.9 mile west of the intersection of
Interstate Highway 20 and County Road 463 in Smith County, Texas. The Texas
Commission on Environmental Quality (TCEQ) has initiated a minor modification
of the Texas Pollutant Discharge Elimination System (TPDES) permit issued
to CITY OF LONGVIEW to incorporate a substantial modification to the approved
pretreatment program. The applicant has applied to the TCEQ for approval of
a substantial modification to its approved pretreatment program under the
TPDES program. The existing permit authorizes the discharge of treated domestic
wastewater at an annual average flow not to exceed 21,000,000 gallons per
day. The existing permit authorizes the disposal of sludge only at a TCEQ
registered or permitted land application site, commercial land application
site, or co-disposal landfill. The facility is located approximately 2,500
feet west of the crossing of Grace Creek by Farm-to-Market Road 1845, approximately
4,000 feet south of the intersection of Farm-to-Market Road 1845 and Farm-to-Market
Road 2087 in Gregg County, Texas.
MARTIN LEON EDWARDS has applied for a new permit to authorize the discharge
of treated domestic wastewater at a daily average flow not to exceed 12,000
gallons per day. The facility is located at 3035 West State Highway 154, approximately
1/8 mile west of Farm-to-Market Road 3138 in the City of Quitman in Wood County,
Texas.
MARTINSVILLE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of
TPDES Permit No. 14027-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 8,000 gallons per day. The
facility is located at the southwest corner of the intersection of State Highway
7 and Farm-to-Market Road 95, 12.7 miles west of the City of Nacogdoches in
Nacogdoches County, Texas.
CITY OF SAN ANGELO has applied for a renewal of Permit No. WQ0010641003,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 16,300,000 gallons per day via evaporation and irrigation
of 2,787 acres of land. This permit will not authorize a discharge of pollutants
into waters in the State. The wastewater treatment facilities and disposal
area are located approximately 3.5 miles east-northeast of the intersection
of Farm-to-Market Road 380 and State Highway Loop 306 in Tom Green County,
Texas.
SNIDER INDUSTRIES, L.L.P., P. O. Box 668, Marshall, Texas 75671-0668,
which operates a lumber mill with cogeneration facilities, has applied for
a renewal of TPDES Permit No. WQ0002770000, which authorizes the discharge
of once through cooling water and storm water runoff from Sue Belle Lake on
an intermittent and flow basis via Outfall 001; truck and equipment washwater
and storm water runoff on an intermittent and flow variable basis via Outfall
002; overflow from the wet bulb humidity regulator, kiln condensate, and storm
water runoff on an intermittent and flow variable basis via Outfall 003; and
boiler blowdown, groundwater seepage, and storm water runoff on an intermittent
and flow variable basis via Outfall 004. The facility is located on the northeast
and northwest corners of the intersection of Loop 390 and Sue Belle Lake Road,
approximately two miles north of the City of Marshall, Harrison County, Texas.
CITY OF SOUR LAKE has applied for a renewal of TPDES Permit No. 10703-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 600,000 gallons per day. The facility is located approximately
0.5 mile southwest of the City of Sour Lake, approximately 3/4 mile west of
State Highway 326 in Hardin County, Texas.
STEWART & STEVENSON TACTICAL VEHICLE SYSTEMS, L.P. which assembles
military trucks, has applied for a major amendment to TPDES Permit No. WQ0002462000
to authorize the removal of internal Outfall 101; the removal of effluent
limitations for total residual chlorine at internal Outfall 201; the addition
of internal Outfall 401 for the discharge of additional process wastewater;
an increase in the maximum effluent limitation for pH at Outfall 001; an increase
in limitations for total chromium, total copper, and total lead at Outfall
001; the removal of the daily maximum flow limitation at Outfall 001; and
an increase in the daily average flow limitation to a dry weather flow of
395,000 gallons per day at Outfall 001. The current permit authorizes the
discharge of previously monitored effluent (PME) and storm water at a daily
average flow not to exceed 395,000 gallons per day via Outfall 001; truck
wash water and storm water at a daily average flow not to exceed 395,000 gallons
per day via Outfall 101; treated electroplating/metal finishing process wastewater
at a daily average flow not to exceed 43,000 gallons per day via Outfall 201;
domestic sewage and truck wash water at a daily average flow not to exceed
61,870 gallons per day via Outfall 301. The facility is located at the northeast
corner of the intersection of Interstate Highway 10 and Pyka Road, approximately
three miles west of the City of Sealy, Austin County, Texas.
U.S. DEPARTMENT OF THE INTERIOR has applied for a renewal of TPDES Permit
No. 12865-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 30,000 gallons per day. The facility
is located approximately 3,300 feet northwest of the Chisos Mountain Lodge
in the Basin in Big Bend National Park in Brewster County, Texas.
U.S. DEPARTMENT OF THE INTERIOR has applied to the Texas Commission on
Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 13344-002,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 25,000 gallons per day. The facility is located approximately
2,154 feet west of the intersection of Sewage Lagoon Road and Park Road 22
in Kleberg County, Texas.
CITY OF WHITE OAK has applied for a renewal of TPDES Permit No. WQ0010940001,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 1,100,000 gallons per day. The facility is located
approximately 1,500 feet east of State Highway 42 and 3,800 feet south of
U. S. Highway 80 in Gregg County, Texas.
TRD-200601870
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 29, 2006
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
May 8, 2006
. 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 May 8, 2006
. 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: C & R Distributing, Inc. and C & R Distributing, Inc.
dba Piggy Bank 1; DOCKET NUMBER: 2005-1974-AIR-E; IDENTIFIER: Regulated Entity
Reference Number (RN) RN102614203 and RN102598109; LOCATION: El Paso and Canutillo,
El Paso County, Texas; TYPE OF FACILITY: gasoline products distributor and
convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a)
and THSC, §382.085(b), by allegedly offering for sale gasoline with an
oxygen content lower than 2.7% by weight; PENALTY: $1,520; ENFORCEMENT COORDINATOR:
Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 401 East Franklin Avenue,
Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(2) COMPANY: Central Freight Lines, Inc.; DOCKET NUMBER: 2005-2060-MSW-E;
IDENTIFIER: RN100712983; LOCATION: Fort Worth, Tarrant County, Texas; TYPE
OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.5(c), by failing to
prevent the unauthorized disposal of municipal solid waste (MSW), including
trees, construction debris, plywood, plastic, tires, iron T-posts, and rebar;
PENALTY: $2,400; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2005-1904-AIR-E; IDENTIFIER:
RN101619179; LOCATION: Old Ocean, Brazoria County, Texas; TYPE OF FACILITY:
refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(c), New
Source Review (NSR) Air Permit Number 7467A and NSR Air Permit Number 5920A/PSD-TX-103M2,
and THSC, §382.085(b), by failing to comply with permitted emissions
limits; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Amy Burgess, (512) 239-2540;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(4) COMPANY: El Camino Bay Water Supply Corporation; DOCKET NUMBER: 2005-2020-PWS-E;
IDENTIFIER: RN101199560; LOCATION: Hemphill, Sabine County, Texas; TYPE OF
FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and
(5) and THSC, §341.0315(c), by exceeding the maximum contaminant level
for total trihalomethanes and haloacetic acids; PENALTY: $645; ENFORCEMENT
COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(5) COMPANY: Hirschfeld Steel Company, Inc.; DOCKET NUMBER: 2005-1864-AIR-E;
IDENTIFIER: RN100680081; LOCATION: San Angelo, Tom Green County, Texas; TYPE
OF FACILITY: metal fabricating plant; RULE VIOLATED: 30 TAC §122.121
and THSC, §382.085(b), by failing to obtain a federal operating permit
and continuing to operate without authorization; 30 TAC §101.10(a)(3)
and THSC, §382.085(b), by failing to submit an emissions inventory; 30
TAC §101.27(a)(4), the Code, §5.702, and THSC, §382.085(b),
by failing to pay emissions fees; and 30 TAC §116.115(c), Permit Number
21663, and THSC, §382.085(b), by failing to comply with special conditions
contained in the permit document; PENALTY: $17,080; ENFORCEMENT COORDINATOR:
Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 622 South Oakes, Suite K,
San Angelo, Texas 76903-7013, (915) 658-5431.
(6) COMPANY: Hueco Quarry, Inc.; DOCKET NUMBER: 2006-0109-AIR-E; IDENTIFIER:
RN102645272; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: rock
crushing plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number
52662, and THSC, §382.085(b), by failing to comply with the requirement
that water spray systems be operated at the conveyor and the shaker, and on
the plant roads to control the dust; PENALTY: $816; ENFORCEMENT COORDINATOR:
Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 401 East Franklin Avenue,
Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(7) COMPANY: Intercontinental Terminals Company; DOCKET NUMBER: 2005-2017-AIR-E;
IDENTIFIER: RN100210806; LOCATION: La Porte, Harris County, Texas; TYPE OF
FACILITY: bulk storage terminal; RULE VIOLATED: 30 TAC §116.115(c), Air
Permit Number 1078, and THSC, §382.085(b), by failing to prevent unauthorized
emissions; and 30 TAC §101.201(b)(8) and THSC, §382.085(b), by failing
to include in the final record the number of the authorization governing the
facility involved in the emissions event; PENALTY: $4,139; ENFORCEMENT COORDINATOR:
Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: KBC Services, Inc. dba Marina Bay Harbor Yacht Club; DOCKET
NUMBER: 2005-2076-PST-E; IDENTIFIER: RN104777149; LOCATION: Clear Lake Shores,
Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to
provide acceptable financial assurance; PENALTY: $840; ENFORCEMENT COORDINATOR:
Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Mercedes Independent School District; DOCKET NUMBER: 2005-0588-PST-E;
IDENTIFIER: RN101684942; LOCATION: Mercedes, Hidalgo County, Texas; TYPE OF
FACILITY: school bus maintenance; RULE VIOLATED: 30 TAC §334.50(a)(1)(A),
(b)(1)(A), and (d)(1)(B)(iii)(II), and the Code, §26.3475(a), by failing
to have a release detection method for any portion of the underground storage
tank (UST), by failing to perform an automatic test for substance loss, and
by failing to have measuring equipment capable of measuring the level of stored
substance over the full range of the tank's height to nearest 1/8 inch; 30
TAC §334.51(a)(6), by failing to assure that all installed spill and
overfill prevention devices are maintained in good operating condition and
in accordance with the manufacturer's specifications; 30 TAC §334.72(3)(A),
by failing to report monitoring results that indicate a release may have occurred;
and 30 TAC §334.74, by failing to immediately investigate and confirm
all suspected releases of regulated substances; PENALTY: $8,800; ENFORCEMENT
COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 1804 West
Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(10) COMPANY: City of Morton; DOCKET NUMBER: 2005-2075-MWD-E; IDENTIFIER:
RN102077385; LOCATION: Morton, Cochran County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: Water Quality Permit Number 10226-001 and the Code, §26.121(a),
by failing to meet the wastewater limitations for the treated domestic wastewater
prior to disposal by land application and to prevent the contamination of
groundwater from the disposal of wastewater effluent by land application;
PENALTY: $6,300; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL
OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(11) COMPANY: MPR Investments, L.L.C. dba Oakridge Square Mobile Home Park;
DOCKET NUMBER: 2005-2004-PWS-E; IDENTIFIER: RN101256832; LOCATION: Fort Worth,
Johnson County, Texas; TYPE OF FACILITY: mobile home park with public water
supply; RULE VIOLATED: 30 TAC §290.46(i), (m)(1)(A) and (B), and (n)(2)
and (3), by failing to adopt an adequate plumbing ordinance, regulations,
or service agreement, by failing to keep on file and make available for review
annual inspections of the ground storage tank, by failing to keep on file
and make available for review annual inspections of the pressure tank, by
failing to keep on file and make available for review an accurate and up-to-date
map of the distribution system, and by failing to keep on file and make available
for commission review a copy of the well completion data; 30 TAC §290.42(l),
by failing to keep on file and make available for review a thorough plant
operations manual for operator review and reference; 30 TAC §290.121(a),
by failing to keep on file and make available for review an up-to-date chemical
and microbiological monitoring plan; 30 TAC §290.45(b)(1)(F)(i) and (iii),
by failing to provide a well capacity of 0.6 gallons per minute (gpm) per
connection and by failing to provide two or more pumps having a total capacity
of two gpm per connection at each pump station or pressure plane; and 30 TAC §290.41(c)(3)(K)
and (N), by failing to provide the well with a casing vent with an opening
that is covered with a 16-mesh or finer corrosion-resistant screen and by
failing to provide a flow meter on the well pump discharge line; PENALTY:
$966; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(12) COMPANY: Parmer-McNeil Holdings, Limited; DOCKET NUMBER: 2005-1661-EAQ-E;
IDENTIFIER: RN104421573; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY:
real property; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain
approval of a plan to protect the Edwards Aquifer prior to commencing construction
of a retail center; PENALTY: $21,600; ENFORCEMENT COORDINATOR: Ruben Soto,
(512) 239-4571; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin,
Texas 78758-5336, (512) 339-2929.
(13) COMPANY: City of Robert Lee; DOCKET NUMBER: 2005-1988-MSW-E; IDENTIFIER:
RN102143658; LOCATION: Robert Lee, Coke County, Texas; TYPE OF FACILITY: landfill;
RULE VIOLATED: 30 TAC §330.113(b)(1), by failing to maintain location
restriction demonstrations in the landfill operating record; 30 TAC §330.117(b)
and (c), by failing to prevent the unloading of waste in unauthorized areas
and by failing to prevent the disposal of prohibited wastes; 30 TAC §330.122,
by failing to install and maintain buffer zone markers, boundary markers,
and a benchmark; 30 TAC §330.133(a) and Municipal Solid Waste (MSW) Permit
Number 614, by failing to provide six inches of well-compacted earthern material;
and 30 TAC §330.134 and MSW Permit Number 614, by failing to prevent
ponded water from accumulating in the disposal area of the landfill; PENALTY:
$3,960; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE:
622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(14) COMPANY: City of Teague; DOCKET NUMBER: 2005-0673-MWD-E; IDENTIFIER:
RN101607935; LOCATION: Teague, Freestone County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), Texas
Pollutant Discharge Elimination System Permit Number 10300002, and the Code, §26.121(a),
by failing to comply with the five-day biochemical oxygen demand and flow
effluent limitations and by failing to provide monitoring results at the intervals
specified in the permit; PENALTY: $8,064; ENFORCEMENT COORDINATOR: Merrilee
Hupp, (512) 239-4490; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco,
Texas 76710-7826, (254) 751-0335.
(15) COMPANY: Texas Department of Criminal Justice; DOCKET NUMBER: 2005-1896-MWD-E;
IDENTIFIER: RN102315553; LOCATION: Tennessee Colony, Anderson County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
Water Quality Permit Number 11915001, and the Code, §26.121(a), by failing
to comply with permit effluent limits for total suspended solids, five-day
biochemical oxygen demand, and ammonia-nitrogen; PENALTY: $13,750; ENFORCEMENT
COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive,
Tyler, Texas 75701-3756, (903) 535-5100.
(16) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2005-0922-PST-E;
IDENTIFIER: RN101745032; LOCATION: Yoakum, DeWitt County, Texas; TYPE OF FACILITY:
fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and the
Code, §26.3475(a), by failing to monitor the piping of the UST system
in a manner designed to detect releases and by failing to test the line leak
detectors for performance and operational reliability; PENALTY: $1,500; ENFORCEMENT
COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 6300 Ocean Drive,
Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
TRD-200601841
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: March 28, 2006
Notice of Amended Request for Applications (RFA) for the Juvenile Justice and Delinquency Prevention (JJDP) Act Fund - Title V Program
The Criminal Justice Division (CJD) of the Governor's Office is soliciting
applications for local projects to implement comprehensive plans developed
by communities under the fiscal year 2007 grant cycle.
Reason for Amendment: The RFA for the Title V Program, which was published
in the February 3, 2006 edition of the
Texas Register
(31 TexReg 748), is being amended to accommodate a 95% reduction in
funds available for Texas.
Purpose: The purpose of the Title V Program is to reduce delinquency and
youth violence by supporting communities in providing their children, families,
neighborhoods, and institutions with the knowledge, skills, and opportunities
necessary to foster a healthy and nurturing environment which supports the
growth and development of productive and responsible citizens.
Available Funding: Federal funding is authorized under the Juvenile Justice
and Delinquency Act of 2002, Title V, Public Law 107-273, codified as amended
at 42 U.S.C. 5781 et seq. All grants awarded from this fund must comply with
the requirements contained therein. Approximately $600,000 is available for
award.
Funding Levels: Grantees are allowed a maximum of three years of funding
(this includes any years previously funded for the same project). The minimum
award amount is $25,000 and the maximum award amount is $100,000.
Required Match: Grantees must provide matching funds of at least thirty-four
percent (34%) of total project expenditures. This requirement may be met through
cash and/or in-kind contributions.
Standards: Grantees must comply with the standards applicable to this funding
source contained in the
Texas Administrative Code
, Title 1, Part 1, Chapter 3, and the statutes, requirements, and guidelines
applicable to this funding. In addition grantees must comply with the federal
regulations at 28 C.F.R. §31.
Prohibitions: Grant funds may not be used to support the following services,
activities, and costs:
(1) proselytizing or sectarian worship;
(2) lobbying;
(3) legal services for adult offenders;
(4) any portion of the salary of, or any other compensation for, an elected
or appointed government official, except in the case of a juvenile court or
drug court;
(5) overtime pay;
(6) transportation, lodging, per diem or any related costs for participants,
when grant funds are used to develop and conduct training;
(7) vehicles or equipment for government agencies that are for general
agency use;
(8) weapons, ammunition, explosives or military vehicles;
(9) admission fees or tickets to any amusement park, recreational activity
or sporting event;
(10) promotional gifts;
(11) food, meals, beverages, or other refreshments unless the expense is
for a working event where full participation by participants mandates the
provision of food and beverages and the event is not related to amusement
and/or social activities in any way;
(12) membership dues for individuals;
(13) any expense or service that is readily available at no cost to the
grant project or that is provided by other federal, state or local funds (e.g.,
supplanting);
(14) fundraising;
(15) medical services; and
(16) construction.
Eligible Applicants:
(1) Units of local government applying for second (2nd) or third (3rd)
year funding.
(2) Native American Tribal Governments performing law enforcement functions
applying for second (2nd) or third (3rd) year funding.
Requirements:
(1) Each community applying for funds must have a local prevention policy
board that will direct the project and develop a three-year delinquency prevention
plan. The prevention plan must be based on an assessment of risk factors associated
with the development of delinquent behavior in the community's children. This
plan must address one or more of the following activities:
(a) Alcohol and substance abuse prevention services;
(b) Tutoring and remedial education;
(c) Child and adolescent health and mental health services;
(d) Recreation services;
(e) Leadership and youth development activities;
(f) Teaching accountability;
(g) Assistance in the development of job training skills; and
(h) Other Data-driven evidence based prevention programs.
(2) Applicants must address one or more of the following Title V purpose
areas:
(a) Delinquency Prevention;
(b) Gangs;
(c) Mental Health Services;
(d) Mentoring;
(e) School Programs;
(f) Substance Abuse; or
(g) Youth Courts.
(3) In addition, all juvenile justice projects must address one or more
of the following priorities developed in coordination with the Governor's
Juvenile Justice Advisory Board:
(a) Family Stability. Programs or other initiatives designed to strengthen
family support systems in an effort to positively impact the lives of youth
and divert them from a path of serious, violent, or chronic delinquency.
(b) Substance Abuse Early Intervention and Prevention. Programs or other
initiatives designed to address the use and abuse of illegal and other prescription
and nonprescription drugs and the use and abuse of alcohol. Programs or other
initiatives include control, prevention, and treatment.
(c) Education. Programs or other initiatives designed to prevent truancy,
suspension, and expulsion. School safety programs may include support for
school resource officers and law-related education.
(d) Disproportionate Minority Contact (DMC). Programs or other initiatives
designed to address the disproportionate number of juvenile members of minority
groups who come into contact with the juvenile justice system.
(e) Justice System Impact. Programs or other initiatives designed to impact
offender accountability and/or improve the practices, policies, or procedures
within the juvenile justice system.
(f) Gang Prevention. Programs or other initiatives designed to address
issues related to juvenile gang activity, including prevention and intervention
efforts directed at reducing gang-related activities.
(g) Rural Access. Programs or other initiatives designed to provide prevention,
intervention, and treatment services located outside a metropolitan area.
(h) Training. Programs or other initiatives designed to offer specialized
training for staff working directly with at-risk youth or juvenile offenders
that can positively impact the quality of the services, staff turnover rates,
and program stability.
Project Period: Grant-funded projects must begin on or after September
1, 2006, and will expire on or before August 31, 2007.
Application Process: Eligible applicants can download an application kit
from the Office of the Governor's website located at http://www.governor.state.tx.us/divisions/cjd/formsapps/view.
Preferences: Preference will be given to continuation applicants that demonstrate
cost effective programs and comprehensive approaches to service provision.
Closing Date for Receipt of Applications: All applications must be submitted
electronically to the Office of the Governor, Criminal Justice Division, via
email at: cjdapps@governor.state.tx.us on or before May 1, 2006.
Selection Process: Applications will be reviewed by CJD staff members or
a group selected by the executive director of CJD. CJD will make all final
funding decisions based on eligibility, reasonableness, availability of funding,
and cost effectiveness.
Contact Person: If additional information is needed, contact Lori Melcher
at lmelcher@governor.state.tx.us or at (512) 463-1919.
TRD-200601882
David Zimmerman
Assistant General Counsel
Office of the Governor
Filed: March 29, 2006
Notice of Hearing on Proposed Provider Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct
a public hearing to receive public comment on the proposed Medicaid payment
rate for large state-operated Intermediate Care Facilities for Persons with
Mental Retardation (ICF/MR) facilities operated by the Texas Department of
Aging and Disability Services (DADS). This payment rate is proposed to be
effective April 1, 2006. This proposed rate is an adjustment to the state
fiscal year 2006 interim rate for state-operated large facilities effective
April 1, 2006 to August 31, 2006 to account for actual increases in costs
to operate these facilities that were not anticipated in the initial interim
rate. HHSC is proposing this rate so that adequate funds are available to
serve clients in these facilities. The public hearing will be 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 will be held on April 24, 2006, at 1:30 p.m., in the
Permian Basin Conference Room of the Braker Center Building H, at 11209 Metric
Boulevard, Austin, Texas 78758-4021. Written comments regarding the payment
rate may be submitted in lieu of testimony until 5:00 p.m. the day of the
hearing. Written comments may be sent by U.S. mail to the attention of Joyce
Felix, HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200.
Express mail can be sent, or written comments can be hand delivered, to Ms.
Felix, HHSC Rate Analysis, MC H-400, Braker Center Building H, 11209 Metric
Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be
sent via facsimile to Ms. Felix at (512) 491-1998. Interested parties may
request to have mailed to them or may pick up a briefing package concerning
the proposed payment rate by contacting Joyce Felix at (512) 491-1174 or at
HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Ms. Felix by April 18, 2006, so that appropriate
arrangements can be made.
Proposal. As the single state agency for the state Medicaid program, the
Health and Human Services Commission proposes the following rate for large
state-operated ICF/MR facilities operated by the Department of Aging and Disability
Services. The payment rate effective for April 1, 2006, is proposed as follows:
Large State-Operated ICF/MRs Facilities
Current Daily Rate - $308.75
Proposed Daily Rate - $331.89
Methodology and justification. The proposed rate was determined in accordance
with the rate setting methodology codified as 1 Texas Administrative Code
Chapter 355, Subchapter D, relating to Reimbursement Rates, §355.456(f).
TRD-200601884
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 29, 2006
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct
a public hearing to receive public comment on a proposed facility-specific
payment rate for the Truman W. Smith Children's Care Center, a nursing facility
that is a member of the pediatric care facility special reimbursement class.
The hearing will be held in compliance with Title 1 of the Texas Administrative
Code (TAC) §355.105(g), which requires public hearings on proposed payment
rates for medical assistance programs. The public hearing will be held on
April 24, 2006, at 9:00 a.m. in the Permian Basin Conference Room of the Braker
Center, Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Entry
is through Security at the entrance of 11209 Metric Boulevard. Written comments
regarding payment rates may be submitted in lieu of testimony until 5:00 p.m.
the day of the hearing. Written comments may be sent by U.S. mail to the attention
of Joyce Felix, HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas
78708-5200 or by e-mail to joyce.felix@hhsc.state.tx.us. Express mail can
be sent, or written comments can be hand delivered, to Ms. Felix, HHSC Rate
Analysis, MC H-400, Braker Center, Building H at 11209 Metric Boulevard, Austin,
Texas 78758-4021. Alternatively, written comments may be sent via facsimile
to Ms. Felix at (512) 491-1998. Interested parties may request to have mailed
to them or may pick up a briefing package concerning the proposed payment
rates by contacting Ms. Felix at (512) 491-1174 or at HHSC Rate Analysis,
MC H-400, P.O. Box 85200, Austin, Texas 78708-5200.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Ms. Felix, by April 18, 2006, so that appropriate
arrangements can be made.
Proposal. HHSC proposes a per-day payment rate for the nursing facility
pediatric care facility special rate class for Truman W. Smith Children's
Care Center in the amount of $174.48. This payment rate is proposed to be
effective January 1, 2006.
Methodology and justification. The proposed rate was determined in accordance
with the rate setting methodology for the nursing facility pediatric care
facility special rate class at 1 TAC Chapter 355, Subchapter C, §355.307(c)
(relating to Reimbursement Setting Methodology for Nursing Facilities).
TRD-200601800
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 24, 2006
The Texas Health and Human Services Commission announces its intent to
submit Transmittal Number #06-016, Amendment Number 734, to the Texas State
Plan for Medical Assistance, under Title XIX of the Social Security Act.
The purpose of this amendment is to add language to cover assistive communication
devices for Medicaid-eligible recipients residing in nursing facilities. The
amendment describes the criteria for requesting the devices and the reimbursement
methodology.
The proposed amendment is estimated to result in annual aggregate increased
costs of approximately $375,000 for federal fiscal years 2006 and 2007, of
which approximately $228,263 is federal funds and $146,737 is state general
revenue.
The proposed effective date for the amendment is April 1, 2006. For additional
information and copies of the proposed amendment, interested parties may contact
Jessica Allison, Policy Analyst with Medicaid/CHIP Division, at the Health
and Human Services Commission, 1100 West 49th Street, MC-H630, Austin, Texas
78758-3160, or by e-mail at jessica.allison@hhsc.state.tx.us. Copies of the
proposal will also be made available for public review at the local offices
of the Department of Aging and Disability Services (formerly the Texas Department
of Human Services).
TRD-200601868
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 29, 2006
Request for Proposals for the Texas Fund for Geography Education
This packet contains instructions and forms for submitting a proposal to
the Texas Fund for Geography Grant Program. To be eligible for an award, institutions
must submit applications to the Texas Fund for Geography Education Advisory
Committee as specified in these instructions. Proposals must be submitted
in writing and electronically.
Electronic copies of these instructions and forms may be found on the Coordinating
Board's website at http://www.thecb.state.tx.us/AAR/GradAndProfEd/partnerships/teachprep.htm.
Name: Texas Fund for Geography Education
Purpose: To provide funding to eligible institutions of higher education
to support geography education within the state and to improve geography literacy
in the K-12 environment.
Authority: Texas Education Code, §§61.944 - 61.945; Texas Administrative
Code, Title 19, Part 1, Chapter 13, Subchapter J, Rules §§13.180
- 13.187. See appendices.
Eligible Institutions: Public and independent institutions of higher education
as defined in Texas Education Code, §61.003 shall be able to compete
for grants.
Eligible Projects: New or existing initiatives designed to improve the
quality of geography education in the Texas K-12 environment. Collaborative
efforts between public/independent institutions of higher education in Texas
and a K-12 partner. The latter may include, but not be limited to, school
district(s), individual schools/teachers, regional education service center(s),
public and private entities.
General Selection Criteria: Competitive. Designed to award grants that
provide the best overall value to the state. Selection criteria shall be based
primarily on project quality, cost, and impact the project will have on enhancing
geography education in the K-12 environment.
Available Funds: $90,000 for the 2006-2007 academic year.
Grant Award: Minimum: None. Maximum: $45,000.
Grant Period: One-year grants from on or about October 1, 2006 to August
31, 2007.
Grant Disbursement: In a single payment, as soon as possible after the
awards are made. Unencumbered funds may not carry over beyond the grant period
unless specifically authorized by the Coordinating Board's Program Director
for Educator Preparation, Graduate and Professional Education, Academic Affairs
and Research Division.
Carryover Funds: Unencumbered funds may not carry over beyond the grant
period unless specifically authorized by the Coordinating Board's Program
Director for Educator Preparation, Graduate and Professional Education, Academic
Affairs and Research Division.
Application Deadline: Applications must be postmarked (or otherwise dated
for overnight delivery) by July 17, 2006, or hand-delivered to the Coordinating
Board's office by 5:00 p.m., July 17, 2006. Applications must also be received
electronically by 5:00 p.m., July 17, 2006. E-mail applications to: susan.hetzler@thecb.state.tx.us.
More Information: Contact Dr. Susan Hetzler, Program Director for Educator
Preparation, Graduate and Professional Education, Academic Affairs and Research
Division, at (512) 427-6220, or by e-mail at: susan.hetzler@thecb.state.tx.us.
Program Schedule:
July 17, 2006: Proposals are due.
July 24, 2006: Proposals are reviewed by the Geography Education Advisory
Committee.
August 7, 2006: Geography Education Advisory Committee meets to consider
proposals and funding recommendations to the National Geographic Society.
September 22: Proposals are awarded by the National Geographic Society.
On or about October 1, 2006: Award letters are sent.
On or about October 1, 2006: Grantee(s) sign award contracts.
TRD-200601775
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: March 23, 2006
Announcement of Public Comment Period for the 2006 State of Texas Consolidated Plan Annual Performance Report - Reporting on Program Year 2005 - Draft for Public Comment
The Texas Department of Housing and Community Affairs (the "Department")
announces the opening of a 15-day public comment period for the
State of Texas 2006 Consolidated Plan Annual Performance Report - Reporting
on Program Year 2005 - Draft for Public Comment (the Plan) as required
by the US Department of Housing and Urban Development (HUD). The Plan is required
as part of the overall requirements governing the State's consolidated planning
process. The Plan is submitted in compliance with 24 CFR 91.520, Consolidated
Plan Submissions for Community Planning and Development Programs. The 15-day
public comment period begins April 7, 2006, and continues until 5:00 p.m.
on April 21, 2006.
The Plan gives the public an opportunity to evaluate the performance of
the past program year for four HUD programs: the Community Development Block
Grant Program administered by the Office of Rural Community Affairs, the Emergency
Shelter Grants and HOME Investment Partnerships programs administered by the
Department, and the Housing Opportunities for Persons with AIDS Program administered
by the Texas Department of State Health Services. The following information
is provided for each of the four programs covered in the Plan: a summary of
program resources and programmatic accomplishments; a series of narrative
statements on program performance over the past year; a qualitative analysis
of program actions and experiences; and a discussion of program successes
in meeting program goals and objectives.
Beginning April 7, 2006, the Plan will be available on the Department's
website at www.tdhca.state.tx.us. A hard copy can be requested by contacting
the Division of Policy and Public Affairs at P.O. Box 13941, Austin, TX 78711-3941
or by calling (512) 475-3976.
Written comment is encouraged and should be sent by mail to the Texas Department
of Housing and Community Affairs, Division of Policy and Public Affairs, P.O.
Box 13941, Austin, TX 78711-3941, by email to info@tdhca.state.tx.us, or by
fax to (512) 469-9606. For more information or to order copies of the Plan,
please contact the Division of Policy and Public Affairs at (512) 475-3976
or info@tdhca.state.tx.us.
TRD-200601875
William Dally
Acting Executive Director
Texas Department of Housing and Community Affairs
Filed: March 29, 2006
SINGLE FAMILY MORTGAGE REVENUE AND REFUNDING BONDS
TAXABLE JUNIOR LIEN SINGLE FAMILY MORTGAGE REVENUE
BONDS
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Department") at 211 East 11th Street,
Room 116, Austin, Texas, at 12:00 noon on May 3, 2006, with respect to an
issue of tax-exempt single family mortgage revenue bonds to be issued in one
or more series in an aggregate face amount of not more than $100,000,000 (the
"Tax-Exempt New Money Bonds") and an issue of tax-exempt single family mortgage
revenue refunding bonds to be issued in one or more series in an aggregate
face amount of not more than $184,410,000 (the "Tax-Exempt Refunding Bonds"
and together with the Tax-Exempt New Money Bonds, collectively, the "Tax-Exempt
Bonds") and an issue of taxable junior lien single family mortgage revenue
bonds to be issued in an aggregate face amount of not more than $50,000,000
(the "Taxable Junior Lien Bonds" and together with the Tax-Exempt Bonds, collectively,
the "Bonds").
A portion of the proceeds of the Tax-Exempt Bonds will be used directly
to make single family residential mortgage loans in an aggregate estimated
amount not to exceed $235,450,000. All of such single family residential mortgage
loans will be made to eligible very low, low, and moderate income homebuyers
for the purchase of homes located within the State of Texas. A portion of
the proceeds of the Tax-Exempt Refunding Bonds will be used to refund all
or a portion of the Department's outstanding Single-Family Mortgage Revenue
Refunding Tax-Exempt Commercial Paper Notes, Series A and the Department's
outstanding Single-Family Mortgage Revenue Tax-Exempt Commercial Paper Notes,
Series C, thereby making funds available to make additional single family
residential mortgage loans. A portion of the proceeds of the Tax-Exempt Refunding
Bonds will also be used to refund all or a portion of the Department's outstanding
Single Family Mortgage Revenue Bonds, 1996 Series A, Single Family Mortgage
Revenue Bonds, 1996 Series D, and Single Family Mortgage Revenue Refunding
Bonds, 1996 Series E, the proceeds of which were used directly or indirectly
to provide single family residential mortgage loans. The proceeds of the Taxable
Junior Lien Bonds will be used to finance down payment and closing cost assistance
made to eligible very low, low, and moderate income homebuyers for the purchase
of homes located within the State of Texas or for any other loan programs
of the Department.
For purposes of the Department's mortgage loan finance programs, eligible
borrowers generally will include individuals and families whose family income
does not exceed: (i) for families of three or more persons, 115% (140% in
certain targeted areas) of the area median income and (ii) for individuals
and families of two persons, 100% (120% in certain targeted areas) of the
area median income. In addition, substantially all of the borrowers under
the programs will be required to be persons who have not owned a principal
residence during the preceding three years (except in the case of certain
targeted area residences). Further, residences financed with loans under the
programs will be subject to certain other limitations, including limits on
the purchase prices of the residences being acquired. Pursuant to the Gulf
Opportunity Zone Act of 2005, residences in certain areas affected by Hurricane
Rita are treated as targeted area residences. All the limitations described
in this paragraph are subject to revision and adjustment from time to time
by the Department pursuant to applicable federal law and Department policy.
All interested parties are invited to attend such public hearing to express
their views with respect to the Department's mortgage loan finance program
and the issuance of the Bonds. Questions or requests for additional information
may be directed to Matt Pogor at the Texas Department of Housing and Community
Affairs, 221 East 11th Street, Austin, Texas 78701; (512) 475-3987.
Persons who intend to appear at the hearing and express their views are
invited to contact Matt Pogor in writing in advance of the hearing. Any interested
persons unable to attend the hearing may submit their views in writing to
Matt Pogor prior to the date scheduled for the hearing.
TDHCA WEBSITE: www.tdhca.state.tx.us/hf.htm
Individuals who require auxiliary aids for the hearing should contact Gina
Esteves, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989
at least two days before the hearing so that appropriate arrangements can
be made.
Non-English speaking individuals who require interpreters for the hearing
should contact Matt Pogor at (512) 475-3987 at least three days before the
hearing so that appropriate arrangements can be made. 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.
This notice is published and the above-described hearing is to be held
in satisfaction of the requirements of State law and §147(f) of the Internal
Revenue Code of 1986, as amended, regarding the public approval prerequisite
to the exclusion from gross income for federal income tax purposes of interest
on the Tax-Exempt Bonds.
TRD-200601879
William Dally
Acting Executive Director
Texas Department of Housing and Community Affairs
Filed: March 29, 2006
Company Licensing
Application for incorporation to the State of Texas by PRIVATE EQUITY NATIONAL
INDEMNITY INSURANCE COMPANY, a domestic fire and/or casualty company. The
home office is in Dallas, Texas.
Application to change the name of GREAT TEXAS COUNTY MUTUAL INSURANCE COMPANY
to INFINITY COUNTY MUTUAL INSURANCE COMPANY, a domestic fire and/ or casualty
company. The home office is in Dallas, Texas.
Application to change the name of INSURANCE CORPORATION OF HANNOVER to
PRAETORIAN INSURANCE COMPANY, a foreign fire and/or casualty company. The
home office is in Itasca, Illinois.
Any objections must be filed with the Texas Department of Insurance, within
twenty (20) calendar days from the date of the Texas Register publication,
addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C
305-2C, Austin, Texas 78701.
TRD-200601872
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 29, 2006
Instant Game Number 659 "World Poker Tour $100,000 Texas Hold 'em"
1.0 Name and Style of Game.
A. The name of Instant Game No. 659 is "WORLD POKER TOUR $100,000 TEXAS
HOLD 'EM". The play style is "cards".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 659 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 659.
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: 2 SPADE SYMBOL, 3 SPADE SYMBOL, 4 SPADE
SYMBOL, 5 SPADE SYMBOL, 6 SPADE SYMBOL, 7 SPADE SYMBOL, 8 SPADE SYMBOL, 9
SPADE SYMBOL, 10 SPADE SYMBOL, J SPADE SYMBOL, Q SPADE SYMBOL, K SPADE SYMBOL,
A SPADE SYMBOL, 2 CLUB SYMBOL, 3 CLUB SYMBOL, 4 CLUB SYMBOL, 5 CLUB SYMBOL,
6 CLUB SYMBOL, 7 CLUB SYMBOL, 8 CLUB SYMBOL, 9 CLUB SYMBOL, 10 CLUB SYMBOL,
J CLUB SYMBOL, Q CLUB SYMBOL, K CLUB SYMBOL, A CLUB SYMBOL, $2.00, $5.00,
$10.00, $15.00, $20.00, $25.00, $50.00, $75.00, $100, $250, $500, $5,000,
or $100,000. The possible red play symbols are: 2 DIAMOND SYMBOL, 3 DIAMOND
SYMBOL, 4 DIAMOND SYMBOL, 5 DIAMOND SYMBOL, 6 DIAMOND SYMBOL, 7 DIAMOND SYMBOL,
8 DIAMOND SYMBOL, 9 DIAMOND SYMBOL, 10 DIAMOND SYMBOL, J DIAMOND SYMBOL, Q
DIAMOND SYMBOL, K DIAMOND SYMBOL, A DIAMOND SYMBOL, 2 HEART SYMBOL, 3 HEART
SYMBOL, 4 HEART SYMBOL, 5 HEART SYMBOL, 6 HEART SYMBOL, 7 HEART SYMBOL, 8
HEART SYMBOL, 9 HEART SYMBOL, 10 HEART SYMBOL, J HEART SYMBOL, Q HEART SYMBOL,
K HEART SYMBOL , A HEART SYMBOL, and WPT.
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:
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:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $10.00, $15.00, or $20.00.
H. Mid-Tier Prize - A prize of $25.00, $50.00, $75.00, $100, $250, or $500.
I. High-Tier Prize - A prize of $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 (659), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 050 within
each pack. The format will be: 659-0000001-001.
L. Pack - A pack of "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant
Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded
in pages of one (1). Ticket back 050 will be exposed on one side of the pack
and ticket front 001 on the other side.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WORLD
POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game No. 659 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 "WORLD POKER
TOUR $100,000 TEXAS HOLD 'EM" Instant Game is determined once the latex on
the ticket is scratched off to expose 50 (fifty) Play Symbols. At each table,
use YOUR 2 CARDS and the Community Cards to make your best 5-card poker hand.
Do the same with THEIR 2 CARDS. If your best 5-card poker hand beats their
best 5-card poker hand at the same table, win the prize for that table. 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 "spot for spot"
play data.
B. No duplicate non-winning prize symbols on a ticket.
C. A ticket may only win once in each table for a total of five wins on
a ticket.
D. No duplicate tables, in any order, on any ticket.
E. Each table on a ticket will use a deck of fifty-two (52) cards.
F. Listed below is a Glossary of Terms for use in the patterns to follow:
"Starting Hand" - The two (2) cards underneath the scratch-off coating
marked "YOUR 2 CARDS," or underneath the Scratch-off coating marked "THEIR
2 CARDS".
"Table" - Any of the five (5) play areas on each ticket.
"Board" - The five (5) cards underneath the scratch-off coating marked
"COMMUNITY CARDS".
"Suit" - The Spades, Hearts, Diamonds, and Clubs are the four (4) Suits.
"Suited" - Any amount of cards where each card is of the same Suit (for
example, 4 of Hearts + 5 of Hearts).
"Non-suited" - Any amount of cards where at least one is of a different
suit (for example, 4 of Hearts + 5 of Spades).
"Sequential" - Any amount of cards that are connected (for example, 10
of Hearts; Jack of Hearts; Queen of Diamonds; King of Clubs; Ace of Spades).
"Non-Sequential" - Any amount of cards that are not connected (for example,
Ace of Hearts + Queen of Diamonds).
"Pair" - Two (2) cards of the exact same rank (for example, Ace of Diamonds
+ Ace of Spades or 7 of Hearts + 7 of Clubs).
"Three of a Kind" - Three (3) cards of the exact same rank.
"Straight" - Five (5) non-suited cards in sequential order (for example,
2 of Clubs; 3 of Hearts; 4 of Diamonds; 5 of Spades; 6 of Diamonds).
"Flush" - Five (5) non-sequential cards of the same suit (for example,
2 of Diamonds; 4 of Diamonds; 5 of Diamonds; Jack of Diamonds; King of Diamonds).
"Full House" - Three (3) of a kind with a pair (for example, 4 of Diamonds;
4 of Clubs; 4 of Spades; 9 of Hearts; 9 of Diamonds).
"Four of a Kind" - Four (4) cards of the exact same rank.
"Straight Flush" - Five (5) suited and sequential cards, EXCEPT the highest
five (5) sequential cards.
"Royal Flush" - The highest five (5) suited and sequential cards (for example,
10 of Diamonds; Jack of Diamonds; Queen of Diamonds; King of Diamonds; Ace
of Diamonds).
"Final Hand" - The highest ranking five-card hand that uses the two (2)
cards in either STARTING HAND with the five (5) cards on the Board.
G. The Suit or Suits used in one of the Starting Hands will NEVER match
any of the Suit or Suits in the other Starting Hand for that table.
H. In any table, the two (2) starting Hands will never be of the same rank
(for example, Jack of Hearts + 10 of Hearts vs. Jack of Diamonds + 10 of Clubs
or 4 of Clubs + 4 of Diamonds vs. 4 of Hearts + 4 of Spades.
I. Each and every Starting Hand (YOUR 2 CARDS or THEIR 2 CARDS) will come
from one of the following groups:
(a) Any Pair.
(b) Any Suited and Sequential two (2) cards.
(c) Any Non-Suited and Sequential or any Non-Suited and Non-Sequential
Cards where BOTH cards are either a 10, Jack, Queen, King or Ace.
J. No Board will ever contain a Straight, Flush, Full House, Four of a
Kind, Straight Flush, or Royal Flush.
K. No Board will ever contain four (4) cards of the same suit.
L. Every Straight or Straight Flush will use the card ranks below. An Ace
will never be used in a Straight or Straight Flush.
2, 3, 4, 5, 6
3, 4, 5, 6, 7
4, 5, 6, 7, 8
5, 6, 7, 8, 9
6, 7, 8, 9, 10
7, 8, 9, 10, Jack
8, 9, 10, Jack, Queen
9, 10, Jack, Queen, King
M. A Straight will never appear in the same table with a Straight Flush
or a Royal Flush.
2.3 Procedure for Claiming Prizes.
A. To claim a "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game prize
of $10.00, $15.00, $20.00, $25.00, $50.00, $75.00, $100, $250, 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, $75.00, $100, $250, 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 "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game prize
of $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 "WORLD POKER TOUR $100,000 TEXAS
HOLD 'EM" 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
of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage
Commission;
2. delinquent in making child support payments administered or collected
by the Office of 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 "WORLD POKER
TOUR $100,000 TEXAS HOLD 'EM" 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 "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant
Game, the Texas Lottery shall deposit the amount of the prize in a custodial
bank account, with an adult member of the minor's family or the minor's guardian
serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code, §466.408. Any prize not claimed within that period and
in the manner specified in these Game Procedures and on the back of each ticket
shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales, and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000
tickets in the Instant Game No. 659. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery 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. 659 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. 659,
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-200601774
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 23, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 670 is "COOL MILLIONS". The play style
is "key number match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 670 shall be $20.00 per ticket.
1.2 Definitions in Instant Game No. 670.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,
32, 33, 34, 35, 36, 37, 38, 39, DIAMOND SYMBOL, MONEY BAG SYMBOL, COINS SYMBOL,
STACK OF BILLS SYMBOL, MONEY SYMBOL, STAR SYMBOL, GOLD BAR SYMBOL, 10X SYMBOL,
$2.00, $3.00, $5.00, $8.00, $10.00, $20.00, $40.00, $50.00, $80.00, $100,
$200, $400, $1,000, $10,000, and $ONE MILL 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:
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:
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 $20.00.
H. Mid-Tier Prize - A prize of $30.00, $40.00, $50.00, $80.00, $100, $200,
or $400.
I. High-Tier Prize - A prize of $1,000, $10,000, or $1,000,000.
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 (670), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 050 within
each pack. The format will be: 670-0000001-001.
L. Pack - A pack of "COOL MILLIONS" Instant Game tickets contains 50 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket
back 050 will be exposed on one side of the pack and ticket front 001 on the
other side.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "COOL
MILLIONS" Instant Game No. 670 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 "COOL MILLIONS"
Instant Game is determined once the latex on the ticket is scratched off to
expose 47 (forty-seven) Play Symbols. In game 1, if the players YOUR NUMBER
beats THEIR NUMBER within the same game, the player wins the PRIZE shown for
that game. In game 2, if the player reveals a GOLD BAR SYMBOL, the player
wins $50 instantly. In game 3, if the player matches any of YOUR NUMBERS to
any of the WINNING NUMBERS, the player wins the prize shown for that number.
If the player reveals a 10X SYMBOL, the player wins 10 times the prize shown.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 47 (forty-seven) 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 47 (forty-seven)
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 47 (forty-seven) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 47 (forty-seven) 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 games.
C. Game 1: No duplicate non-winning prize symbols.
D. Game 1: No ties between YOUR NUMBERS and THEIR NUMBERS.
E. Game 3: No prize amount in a non-winning spot will correspond with the
YOUR NUMBER play symbol (i.e. 5 and $5).
F. Game 3: Non-winning prize symbols will never be the same as the winning
prize symbol(s) in this game.
G. Game 3: No duplicate non-winning YOUR NUMBERS.
H. Game 3: No duplicate WINNING NUMBERS.
I. Game 3: No more than two like non-winning prize symbols in this game.
J. Game 3: The 10X symbol will only appear on intended winning tickets
and only as designated by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "COOL MILLIONS" Instant Game prize of $20.00, $30.00, $40.00,
$50.00, $80.00, $100, $200, or $400, 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, $50.00, $80.00, $100, $200, or $400 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 "COOL MILLIONS" Instant Game prize of $1,000 or $10,000,
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. To claim a "COOL MILLIONS" Instant Game prize of $1,000,000, the claimant
must sign the winning ticket and present it at the Texas Lottery Commission
Claim Center. 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. 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.
D. As an alternative method of claiming a "COOL MILLIONS" 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.
E. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller
of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage
Commission;
2. delinquent in making child support payments administered or collected
by the Office of the Attorney General;
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.
F. 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 "COOL MILLIONS"
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 "COOL MILLIONS" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code, §466.408. Any prize not claimed within that period and
in the manner specified in these Game Procedures and on the back of each ticket
shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales, and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000
tickets in the Instant Game No. 670. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery 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. 670 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. 670,
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-200601845
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 28, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 698 is "FIND THE 9'S". The play style is
"match 3 of 6 with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 698 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 698.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol- The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: $1.00, $2.00, $3.00, $5.00, $30.00, $50.00,
$300, and 9.
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:
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:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $9.00, or $19.00.
H. Mid-Tier Prize - A prize of $30.00, $50.00, $90.00, or $300.
I. High-Tier Prize- A prize of $999.
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 (698), 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: 698-0000001-001.
L. Pack - A pack of "FIND THE 9'S" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets
001 and 005 will be on the top page; ticket 006 and 010 on the next page;
etc.; and tickets 246 and 250 will be on the last page with backs exposed.
Ticket 001 will be folded over so the front of ticket 001 and 010 will be
exposed.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FIND
THE 9'S" Instant Game No. 698 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 "FIND THE
9'S" Instant Game is determined once the latex on the ticket is scratched
off to expose 6 (six) Play Symbols. If a player reveals 3 matching amounts
in the play area, the player wins that amount. If a player reveals any 9 play
symbols in the play area, the player wins the corresponding prize in the prize
legend. 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 6 (six) 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 6 (six)
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 6 (six) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 6 (six) Play Symbols on the ticket must be printed in the
Symbol font and must correspond precisely to the artwork on file at the Texas
Lottery; the ticket Serial Numbers must be printed in the Serial font and
must correspond precisely to the artwork on file at the Texas Lottery; and
the Pack-Ticket Number must be printed in the Pack-Ticket Number font and
must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No ticket will contain two sets of three matching prize amounts.
C. No ticket will contain 4 or more like prize amounts.
D. No ticket will contain more than four "9" play symbols.
E. No ticket will contain one or more "9" symbols and three like prize
symbols.
F. The "9" play symbol will only appear on intended winning tickets as
dictated by the prize structure.
G. Tickets can only win once (and will win only the highest amount shown).
2.3 Procedure for Claiming Prizes.
A. To claim a "FIND THE 9'S" Instant Game prize of $1.00, $2.00, $3.00,
$5.00, $9.00, $19.00, $30.00, $50.00, $90.00, or $300, a claimant shall sign
the back of the ticket in the space designated on the ticket and present the
winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall
verify the claim and, if valid, and upon presentation of proper identification,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $30.00, $50.00, $90.00, or $300 ticket. In the event the Texas Lottery
Retailer cannot verify the claim, the Texas Lottery Retailer shall provide
the claimant with a claim form and instruct the claimant on how to file a
claim with the Texas Lottery. If the claim is validated by the Texas Lottery,
a check shall be forwarded to the claimant in the amount due. In the event
the claim is not validated, the claim shall be denied and the claimant shall
be notified promptly. A claimant may also claim any of the above prizes under
the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "FIND THE 9'S" Instant Game prize of $999, 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 "FIND THE 9'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
of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage
Commission;
2. delinquent in making child support payments administered or collected
by the Office of 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 "FIND THE
9'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 "FIND THE 9'S" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code, §466.408. Any prize not claimed within that period and
in the manner specified in these Game Procedures and on the back of each ticket,
shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales, and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 20,160,000
tickets in the Instant Game No. 698. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery 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. 698 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. 698,
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-200601844
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 28, 2006
1.0. Name and Style of Game.
A. The name of Instant Game Number 725 is "SPICY CASH TRIPLER." The play
style is "key number match with tripler."
1.1. Price of Instant Ticket.
A. Tickets for Instant Game Number 725 shall be $3.00 per ticket.
1.2. Definitions in Instant Game Number 725.
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: 01, 02, 04, 05, 06, 07, 08, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 3X,
9X, $1.00, $3.00, $6.00, $9.00, $10.00, $15.00, $18.00, $24.00, $30.00, $60.00,
$90.00, $300, $3,300 and $33,000.
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:
E. Retailer Validation Code--Three letters found under the removable scratch-off
covering in the play area, which retailers use to verify and validate instant
winners. These three small letters are for validation purposes and cannot
be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number--A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a boxed four digit Security
Number placed randomly within the Serial Number. The remaining nine digits
of the Serial Number are the Validation Number. The Serial Number is positioned
beneath the bottom row of play data in the scratched-off play area. The Serial
Number is for validation purposes and cannot be used to play the game. The
format will be: 0000000000000.
G. Low-Tier Prize--A prize of $3.00, $6.00, $9.00, $15.00, $18.00 or $24.00.
H. Mid-Tier Prize--A prize of $30.00, $60.00, $90.00 or $300.
I. High-Tier Prize--A prize of $3,000, $3,300 or $33,000.
J. Bar Code--A 22 character interleaved two of five bar code which will
include a three digit game ID, the seven digit pack number, the three digit
ticket number and the nine digit Validation Number. The bar code appears on
the back of the ticket.
K. Pack-Ticket Number--A 13 digit number consisting of the three digit
game number (725), a seven digit pack number, and a three digit ticket number.
Ticket numbers start with 001 and end with 125 within each pack. The format
will be: 725-0000001-001.
L. Pack--A pack of "SPICY CASH TRIPLER" Instant Game tickets contains 125
tickets, packed in plastic shrink-wrapping and fanfolded in pages of one.
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. Please note the books will be in
an A - B configuration.
M. Non-Winning Ticket--A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "SPICY
CASH TRIPLER" Instant Game Number 725 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 "SPICY CASH TRIPLER" Instant Game is determined once the latex on the
ticket is scratched off to expose 33 Play Symbols. If the player matches any
of YOUR NUMBERS to any SPICY CASH NUMBER, the player wins the prize shown
for that number. If the player reveals a 3X symbol, the player wins 3 times
the prize shown for that number. If the player reveals a 9X symbol, the player
wins 9 times the prize shown for that number. No portion of the display printing
nor any extraneous matter whatsoever shall be usable or playable as 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 33 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 33 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 33 Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures;
17. Each of the 33 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. No duplicate non-winning YOUR NUMBERS on a ticket.
C. Non-winning prize symbols will not match a winning prize symbol on a
ticket.
D. Non-winning tickets will not contain more than two like prize amounts.
E. No duplicate SPICY CASH NUMBERS will appear on a ticket.
F. The "3X" and "9X" symbols will never appear as a "SPICY CASH NUMBER."
G. The "3X" symbol will win 3 times the prize amount shown and will win
as per the prize structure.
H. The "9X" symbol will win 9 times the prize amount shown and will win
as per the prize structure.
I. YOUR NUMBERS will never equal the corresponding Prize symbol.
2.3. Procedure for Claiming Prizes.
A. To claim a "SPICY CASH TRIPLER" Instant Game prize of $3.00, $6.00,
$9.00, $15.00, $18.00, $24.00, $30.00, $60.00, $90.00 or $300 a claimant shall
sign the back of the ticket in the space designated on the ticket and present
the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer
shall verify the claim and, if valid, and upon presentation of proper identification,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $30.00, $60.00, $90.00 or $300 ticket. In the event the Texas Lottery
Retailer cannot verify the claim, the Texas Lottery Retailer shall provide
the claimant with a claim form and instruct the claimant on how to file a
claim with the Texas Lottery. If the claim is validated by the Texas Lottery,
a check shall be forwarded to the claimant in the amount due. In the event
the claim is not validated, the claim shall be denied and the claimant shall
be notified promptly. A claimant may also claim any of the above prizes under
the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "SPICY CASH TRIPLER" Instant Game prize of $3,000, $3,300
or $33,000, 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 "SPICY CASH TRIPLER" 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;
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 "SPICY CASH
TRIPLER" 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 "SPICY CASH TRIPLER" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7. Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code §466.408. Any prize not claimed within that period, and
in the manner specified in these Game Procedures and on the back of each ticket,
shall be forfeited.
2.8. Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0. Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0. Number and Value of Instant Prizes. There will be approximately 4,080,000
tickets in the Instant Game Number 725. The approximate number and value of
prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0. End of the Instant Game. The Executive Director may, at any time,
announce a closing date (end date) for the Instant Game Number 725 without
advance notice, at which point no further tickets in that game may be sold.
6.0. Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game Number
725, 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-200601816
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 27, 2006
Request for Proposals for the Hurst-Euless-Bedford Transit Pilot Project
This request by the North Central Texas Council of Governments (NCTCOG)
for contractor services is filed under the provisions of Government Code,
Chapter 2254.
The North Central Texas Council of Governments (NCTCOG) received a Federal
Transit Administration (FTA) Job Access/Reverse Commute (Section 3037) Grant
in 2001. The purpose of the funding is to provide new or expanded transportation
services to employment and employment related opportunities. The grant reimburses
fifty percent (50%) of the total cost for eligible trips. NCTCOG is seeking
written proposals from transportation providers to manage and operate a one-year
pilot demand-responsive transportation service within the Cities of Hurst,
Euless and Bedford that will serve employment related opportunities. The provider
will be responsible for scheduling, dispatch, and general operation of the
service. Additionally, the provider will work with NCTCOG staff to provide
monthly ridership and cost-analysis data. Extension of service beyond one
year will be evaluated at the end of the pilot program.
Due Date
Proposals must be received no later than 5 p.m. Central Daylight Time on
Friday, April 28, 2006, to Michelle Bloomer, Principal Transportation Planner,
North Central Texas Council of Governments, 616 Six Flags Drive, Arlington,
Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the
Request for Proposals, contact Therese Bergeon, at (817) 695-9267.
Contract Award Procedures
The firm or individual selected to perform these activities will be recommended
by a Contractor 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-200601883
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: March 29, 2006
Notice of Correction
The Texas Parks and Wildlife Department (TPWD) submitted a Notice of Adoption
for 31 TAC §57.921 for publication in the March 31, 2006, issue of the Texas Register (31 TexReg 2862). Due to a clerical
misunderstanding, TPWD inadvertently omitted from the preamble the following
language:
"Although the department has determined that the requirements of Government
Code, §2001.0225, do not apply to this rulemaking, a final regulatory
impact analysis (RIA) is nonetheless provided. TPWD finds that, compared to
the alternative proposals considered and rejected, the rule will result in
the best combination of effectiveness in obtaining the desired results and
of economic costs not materially greater than the costs of any alternative
regulatory method considered. Having considered all relevant data and public
comment, the department also finds that the draft RIA contained in the preamble
of the proposed rule forms a sufficient basis for the prohibition of seagrass
uprooting rather than the establishment of mandatory no-propeller zones or
no regulatory action."
TRD-200601858
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: March 28, 2006
Hazard Mitigation Grant Program for the Texas Wildfires Disaster DR-1624
The President has declared a major disaster (DR-1624) as a result of the
ongoing Winter Wildfire Threat. Because of this, the federal Hazard Mitigation
Grant Program (HMGP) is available statewide. HMGP provides funding for mitigation
projects, such as the acquisition of damaged properties in the floodways and
floodplains, construction projects designed to reduce future losses to people
and property, and the individual safe room rebate program.
The State has established the following deadline: Notices of Interest (NOIs)
for HMGP project grants must be submitted/postmarked by Friday, April 14,
2006.
The standard
Notice of Interest and Hazard Mitigation
Team Report
form is to be used. The NOI form, as well as instructions
for completing the form (Mitigation Job Aid #1) are available to download
from the hazard mitigation documents on the Division of Emergency Management
(DEM) web site at http://www.txdps.state.tx.us/dem/documents.htm#mitigation.
After processing NOI submissions, the Division of Emergency Management will
provide application guidance, points of contact, and the postmark deadline
for the return of completed project applications. The project officer will
initially review all applications for eligibility, completeness, and satisfaction
of all federal and State requirements. The State Hazard Mitigation Team evaluates
and recommends their selection to the Governor's Authorized Representative,
whose final selection will be submitted by the State, to FEMA for approval.
Please refer e-mail NOI forms and questions to:
Texas Wildfire HMGP Project Officer
Hildy Soper
Phone (512) 424-2454
E-mail: hildy.soper@txdps.state.tx.us
If mailing or faxing in NOIs, send to:
Governor's Division of Emergency Management
Texas Department of Public Safety
P. O. Box 4087
Austin, Texas 78773-0226
FAX: (512) 424-5647
ATTN: Hildy Soper, HMGP Project Officer
TRD-200601842
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: March 28, 2006
Announcement of Amendment to Application for State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas (commission) received an application
on March 27, 2006, for an amendment to a state-issued certificate of franchise
authority (CFA), pursuant to Public Utility Regulatory Act (PURA) §§66.001-
66.016. A summary of the application follows.
Project Title and Number: Application of Cable One, Inc. to Amend its State-Issued
Certificate of Franchise Authority, Project Number 32556 before the Public
Utility Commission of Texas.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Number 32556.
TRD-200601861
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 28, 2006
Notice is given to the public of an application filed on March 15, 2006,
with the Public Utility Commission of Texas (commission), for an amendment
to a certificated service area boundary.
Docket Style and Number: Application of AT&T Texas (AT&T Texas)
to Amend Certificate of Convenience and Necessity to Modify the Service Area
Boundaries of the Bellville and Sealy Exchanges. Docket Number 32508.
The Application: This minor boundary amendment is being requested to update
the common serving area boundary between AT&T Texas's Bellville and Sealy
exchanges to accurately illustrate the way this boundary is being administered
within Austin County, Texas.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas by April 14, 2006, by mail at P. O.
Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 32508.
TRD-200601821
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 27, 2006
Notice is given to the public of an application filed on March 27, 2006
with the Public Utility Commission of Texas (commission) for an amendment
to a certificated service area boundary.
Docket Style and Number: Application of United Telephone Company of Texas
d/b/a Sprint to Amend Certificate of Convenience and Necessity to Modify the
Service Area Boundaries of Plantersville Exchange (Sprint) and the Waller
Exchange (AT&T). Docket Number 32551.
The Application: The minor boundary amendment is being filed to realign
the boundary between Sprint's Plantersville exchange and AT&T Texas' Waller
exchange to allow Sprint to provide local exchange telephone service to a
new subdivision currently under construction. AT&T Texas has provided
a letter of concurrence endorsing this proposed change.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas by April 14, 2006, by mail at P. O.
Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 32551.
TRD-200601866
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 28, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on March 22, 2006, for retail electric
provider (REP) certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101
- 39.109. A summary of the application follows.
Docket Title and Number: Application of Tristar Gas Marketing Company for
Retail Electric Provider (REP) certification, Docket Number 32532 before the
Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire state
of Texas.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
April 14, 2006. 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 32532.
TRD-200601838
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 27, 2006
On March 22, 2006, ClearPath Telecom, Inc. filed an application with the
Public Utility Commission of Texas (commission) to relinquish its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60451. Applicant intends to relinquish its certificate.
The Application: Application of ClearPath Telecom, Inc. to Relinquish its
Service Provider Certificate of Operating Authority, Docket Number 32531.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
April 12, 2006. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 32531.
TRD-200601837
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 27, 2006
Notice is given to the public of a joint application for sale, transfer,
or merger filed with the Public Utility Commission of Texas (commission) on
March 24, 2006, pursuant to the Public Utility Regulatory Act, Texas Utilities
Code Annotated §14.101 and §37.154 (Vernon 1998 & Supp. 2005)
(PURA).
Docket Style and Number: Joint Application of AEP Texas Central Company
and LCRA Transmission Services Corporation to Transfer Certificate Rights
and for Approval of Transfer of Facilities in Cameron, Dimmit, Hidalgo, Maverick,
and Starr Counties, Docket Number 32539.
The Application: On March 24, 2006, AEP Texas Central Company (AEP Central)
and the LCRA Transmission Services Corporation (LCRA TSC) (collectively, Applicants)
filed a joint application for approval of their proposal to transfer from
AEP Central to LCRA TSC nine transmission facilities and associated certificate
of convenience and necessity (CCN) rights. AEP Central holds CCN No. 30028
and LCRA TSC holds CCN No. 30110. The nine transmission facilities proposed
for transfer are: the rebuilt La Grulla to Goodwin, Asherton to Conoco Tap,
Conoco Tap to Escondido Cut-in, North Mercedes to Santa Rosa, Santa Rosa to
Harlingen, Pharr to North Alamo, North Alamo to Weslaco Switch, and Weslaco
Switch to North Weslaco transmission line segments and the newly built Escondido
Cut-in to Escondido Station. AEP Central owns the nine transmission facilities
in Cameron, Dimmit, Hidalgo, Maverick, and Starr Counties, which are being
rebuilt or are newly built to increase transmission power capacity necessary
to continue reliable transmission service in those areas. Approval of this
application will enable LCRA TSC to include approximately $53.6 million of
assets in its transmission plant and subsequently request rate treatment for
the nine facilities, most likely through an interim capital addition filing.
All of the Project Agreements were adapted from the Model Project Agreement
in the Joint Development Agreement (JDA). With the exception of the particulars
concerning the individual transmission facilities, the Project Agreements
are virtually identical to the Model Project Agreements.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P. O. Box 13326,
Austin, Texas 78711-3326, or call the commission's Office of Customer Protection
at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136 or
use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer
to Docket Number 32539.
TRD-200601839
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 27, 2006
The staff of the Public Utility Commission of Texas (commission) will hold
a workshop regarding its rulemaking project to amend P.U.C. Substantive Rule §26.412
- Lifeline Service and Link Up Service Programs, on Tuesday, April 11, 2006,
at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor
of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas
78701. This rulemaking project was established in order to incorporate changes
made by Senate Bill 5 and by the Federal Communications Commission's Order,
WC Docket No. 03-109. Project Number 32162,
Rulemaking
Proceeding to Amend P.U.C. Substantive Rule §26.412- Lifeline Service
and Link Up Service Programs
, has been established for this proceeding.
On or about Tuesday, April 4, 2006, the commission staff will make available
on its website (http://www.puc.state.tx.us/rules/rulemake/32162/32162.cfm)
and in Central Records under Project Number 32162 an agenda for the format
of the workshop and a copy of a strawman rule to be discussed.
The commission staff requests that persons planning to attend the workshop
register by phone with Isabel Herrera, Communications Oversight Division,
at (512) 936-7205.
Questions concerning the workshop or this notice should be referred to
Liz Kayser, Commission Industry Oversight Division, (512) 936-7390. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136.
TRD-200601805
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 24, 2006
The staff of the Public Utility Commission of Texas (commission) requests
interested persons to file replies to any prior comments filed in Project
Number 31958 and to any comments made during the March 21, 2006, workshop.
In particular, Commission Staff requests that interested persons address potential
revisions to P.U.C. SUBST. R. §26.52 (relating to Emergency Operations)
and §26.53 (relating to Inspections and Tests).
Responses may be filed by submitting 16 copies to the commission's Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326 by Wednesday, April 26, 2006.
Questions concerning this notice should be referred to James Kelsaw, Senior
Network Analyst, Infrastructure Reliability Division, (512) 936-7338. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136.
TRD-200601804
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 24, 2006
Aviation Division - Request for Proposal for Professional Services
The City of Granbury, through its agent the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional services firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division
will solicit and receive proposals for professional services as described
below:
Airport Sponsor: The City of Granbury, Granbury Municipal Airport. TxDOT
CSJ No. 06EAGRNBY. Scope: Provide an Environmental Assessment at the Granbury
Municipal Airport.
The HUB goal is set at 0%. TxDOT Project Manager is Sandra Gaither.
Interested firms shall utilize the Form AVN-551, titled "Aviation Planning
Services Proposal". The form may be requested from TxDOT Aviation Division,
125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT
(74568). The form may be emailed by request or downloaded from the TxDOT web
site, URL address
http://www.dot.state.tx.us/avn/avn551.doc
. The form may not be altered in any way. All printing must be in black
on white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-551,
firms are encouraged to download Form AVN-551 from the TxDOT website as addressed
above. Utilization of Form AVN-551 from a previous download may not be the
exact same format. Form AVN-551 is an MS Word Template.
Five completed, unfolded copies of Form AVN-551 must be postmarked by U.
S. Mail by midnight April 27, 2006. Mailing address: TxDOT Aviation Division,
125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received
by 4:00 p.m. April 28, 2006. Overnight address: TxDOT Aviation Division, 200
E. Riverside Drive, Austin, Texas 78704. Hand delivery must be received by
4:00 p.m. April 28, 2006. Hand delivery address: 150 E. Riverside Drive, 5th
Floor, South Tower, Austin, Texas 78704. Please mark the envelope of the forms
to the attention of Sheri Quinlan. Electronic facsimiles or forms sent by
email will not be accepted.
The consultant selection committee will be composed of Aviation Division
staff members. The final selection by the committee will generally be made
following the completion of review of proposals. The committee will review
all proposals and rate and rank each. Below are the criteria for evaluating
planning proposals. All firms will be notified and the top rated firm will
be contacted to begin fee negotiations. The selection committee does, however,
reserve the right to conduct interviews for the top rated firms if the committee
deems it necessary. If interviews are conducted, selection will be made following
interviews.
If there are any procedural questions, please contact Sheri Quinlan, Grant
Manager, or Sandra Gaither, Project Manager for technical questions at 1-800-68-PILOT
(74568).
TRD-200601881
Jack Ingram
Associate General Counsel
Texas Department of Transportation
Filed: March 29, 2006
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative
Code, §30.209, the Texas Department of Transportation conducts public
hearings to receive comments from interested parties concerning proposed approval
of various aviation projects.
For information regarding actions and times for aviation public hearings,
please go to the following web site:
http://www.dot.state.tx.us
. Click on Aviation, then click on Aviation Public Hearing. Or, contact
Joyce Moulton, Aviation Division, 150 East Riverside, Austin, Texas 78704,
(512) 416-4501 or 800-68 PILOT.
TRD-200601843
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: March 28, 2006
Pursuant to the authority granted under Texas Transportation Code, Chapters
223 and 227, (the "Enabling Legislation"), the Texas Department of Transportation
("TxDOT") may enter into comprehensive development agreements for the development,
design, construction, financing, maintenance, or operation of a facility or
a combination of facilities on the Trans-Texas Corridor. The Enabling Legislation
authorizes private involvement in toll projects and other eligible projects,
and provides a process for TxDOT to solicit proposals for such projects. Transportation
Code, §223.203 prescribes requirements for a solicited proposal and requires
TxDOT to publish a request for qualifications in the
Texas Register
that includes the criteria that will be used to evaluate
the qualifications submittals, the relative weight given to the criteria,
and a deadline by which the qualifications submittals must be received. The
Texas Transportation Commission (the "Commission") has promulgated rules located
at Title 43, Texas Administrative Code, §§27.1-27.6 (the "Rules"),
governing the submission and processing of solicited proposals and providing
for publication of notice that TxDOT is requesting qualifications submittals
for development of an eligible project with private involvement. The Commission
has decided to issue a request for qualifications to acquire, develop, design,
finance, construct, reconstruct, extend, expand, maintain and operate a combination
of facilities (in whole or in part), which together constitute the I-69/Trans
Texas Corridor ("I-69/TTC"), as well as other potential facilities to the
extent necessary for connectivity and financing (the "Project"), through a
Comprehensive Development Agreement ("CDA"). The I-69/TTC is a planned multimodal
transportation facility extending from northeast Texas to the border with
Mexico at Laredo and/or the Rio Grande Valley. I-69/TTC is essentially the
joining of I-69 (a nationally-designated Interstate highway corridor) and
the Trans-Texas Corridor, a high-capacity, high-speed multimodal transportation
system in Texas. I-69/TTC will be developed under the Trans-Texas Corridor
master plan. The initial study area for I-69/TTC was determined in the FHWA's
Corridor 18 and Corridor 20 studies. I-69 will enter Texas at a yet-to-be
determined point southwest of Shreveport, Louisiana, will serve the Houston
area, and will continue south to the border. A branch corridor from the vicinity
of Carthage, Texas will proceed north to I-30 near Texarkana, Texas. In south
Texas, three corridors are to be studied. One is generally parallel to US
59 to Laredo, one parallels US 77 from Victoria to Brownsville (Rio Grande
Valley), and the third parallels US 281 from the vicinity of George West to
McAllen (Rio Grande Valley). The Project will be further defined through the
environmental approval process.
On February 23, 2006, in Minute Order 110436, the Commission authorized
TxDOT to commence the solicited proposal procurement process for the Project
under the Enabling Legislation. This notice represents the next step in the
process.
Through this notice, TxDOT is seeking qualifications submittals ("QS")
in response to a request for qualifications ("RFQ"). TxDOT intends to evaluate
any QS received and may request submission of a detailed proposal, potentially
leading to negotiation, award, and execution of a comprehensive development
agreement. TxDOT will accept for consideration any QS received in accordance
with the Rules within 61 days of the publication of this notice. TxDOT anticipates
issuing the RFQ, receiving and analyzing the QSs, developing a shortlist of
proposing entities or consortia, and issuing a request for detailed proposals
("RFDP") to the shortlisted entities. After review and a best value evaluation
of the responses to the RFDP, TxDOT may negotiate and enter into a comprehensive
development agreement for the project.
RFQ Evaluation Criteria
. QSs will be evaluated
by TxDOT for shortlisting purposes using the following general criteria: relative
strength and depth of entity qualifications, personnel qualifications, financial
qualifications and legal qualifications; relative strength, feasibility and
desirability of the proposed conceptual project development plan; and relative
strength, feasibility and desirability of the proposed conceptual business
analysis and financing plan. The specific criteria under the foregoing categories
will be identified in the RFQ, as will the relative weighting of the criteria.
Release of RFQ and Due Date
. TxDOT currently
anticipates that the RFQ will be available on April 7, 2006. The RFQ will
include a conceptual project concept. Copies of the RFQ will be available
at TxDOT's Headquarters office located at 125 E. 11th Street, 5th Floor, Austin,
Texas 78701, or on the following website:
http://www.dot.state.tx.us
. QSs will be due on June 7, 2006 at the address specified in the RFQ.
TRD-200601880
Jack Ingram
Associate General Counsel
Texas Department of Transportation
Filed: March 29, 2006
Texas Department of Agriculture
Department of Assistive and Rehabilitative Services
Texas Building and Procurement Commission
Request for Proposals
Coastal Coordination Council
Notice of Action on Concurrence with Federal Consistency Determination Under the Texas Coastal Management Program
Comptroller of Public Accounts
Request for Proposals
Request for Proposals
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Correction of Errors
Enforcement Orders
Notice of 2006 Update to the State Superfund Registry
Notice of Comment Period and Announcement of Public Meeting on Proposed Amendments to the Standard Permit for Electric Generating Units
Notice of Comment Period and Hearing on Draft Municipal Solid Waste Landfill General Operating Permit
Notice of District Petition
Notice of Meeting on May 18, 2006 in Sherman, Grayson County, Texas Concerning the Sherman Foundry (Also Known as Old Foundry) Facility
Notice of Water Quality Applications
Proposed Enforcement Orders
Office of the Governor
Texas Health and Human Services Commission
Notice of Proposed Nursing Facility Payment Rate for the Pediatric Care Facility Special Reimbursement Class
Public Notice
Texas Higher Education Coordinating Board
Texas Department of Housing and Community Affairs
Notice of Public Hearing
Texas Department of Insurance
Texas Lottery Commission
Instant Game Number 670 "Cool Millions"
Instant Game Number 698 "Find the "9's"
Instant Game Number 725 "Spicy Cash Tripler"
North Central Texas Council of Governments
Texas Parks and Wildlife Department
Texas Department of Public Safety
Public Utility Commission of Texas
Notice of Application for Amendment to Certificated Service Area Boundary
Notice of Application for Amendment to Certificated Service Area Boundary
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority
Notice of Application for Sale, Transfer, or Merger
Public Notice of Workshop on Rulemaking Proceeding to Amend P.U.C. Substantive Rule §26.412 - Lifeline Service and Link Up Service Programs
Request for Comments
Texas Department of Transportation
Public Notice - Aviation
Request for Qualifications
The University of Texas System