Department of Aging and Disability Services
Notice of Public Hearing
(Editor's note: The Department of Aging and Disability
Services submitted a Notice of Public Hearing that appeared in the April 7,
2006, issue of the Texas Register (31 TexReg 3073). Due to a publication error
part of the first sentence was omitted. The corrected notice is republished
in its entirety.)
The Department of Aging and Disability Services (DADS) has prepared the
agency's Strategic Plan for inclusion in the Texas Health and Human Services
Enterprise (HHS) Strategic Plan for fiscal years (FYs) 2007 - 2011. 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 web
site at 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-200602116
Request for Proposals for Federal Legislative Assistance
AUSTIN-SAN ANTONIO INTERMUNICIPAL COMMUTER RAIL
DISTRICT
C/O AUSTIN-SAN ANTONIO CORRIDOR COUNCIL
P.O. BOX 1618
SAN MARCOS, TEXAS 78667
Notice to All Interested Parties
The Austin-San Antonio Intermunicipal Commuter Rail District (District)
is issuing this Request for Proposals (RFP) that requests all firms or teams
of firms that have the capability and interest in undertaking and performing
the scope of work described below submit their Proposals to the District on
May 15, 2006 at the time and place specified below. Each firm or team of firms
is officially a proposer. Each proposer must submit a package containing an
original and 16 copies of its proposal to the District no later 2:00 p.m.
on May 15, 2006 to the Interim Executive Director at the address identified
above. Proposals may be submitted in person, by messenger, or delivery service,
or by regular mail. All proposals will be logged in and date and time stamped.
Any proposal package that is received after the date and time specified will
be logged and date and time stamped as "late" and returned unopened to the
proposer.
Background
The District was created by the State Legislature for the express purpose
of planning, designing, constructing, and operating a commuter rail system
between the greater metropolitan areas of Austin and San Antonio. The governing
body of the District is composed of 17 persons that are appointed in accordance
with the provisions of the Legislation. Specifically, the goal of the District
is to advance to completion and operations a commuter rail project of approximately
110 miles in length within the existing Union Pacific (UP) Railroad right-of-way
extending from the City of Georgetown in Williamson County on the north through
Travis County and the City of Austin to the south, and further extending south
through the City of San Marcos, and into Bexar County terminating in the central
business district (CBD) of the City of San Antonio. Assistance with negotiations,
engineering, and financing a proposed relocation of Union Pacific's existing
through-freight operations into a new grade-separated freight rail line in,
near, or adjacent to the new State Highway 130 Corridor may play a key role
in the eventual successful completion of this project. Furthermore, it is
the expressed intent of the Board to quantify the cost/benefits of the proposed
service at various operating speeds and ridership levels to determine the
overall economic development and congestion mitigation potential of the proposed
service and its impact on retail, commercial, industrial, and residential
development in the immediate vicinity of the right of way and urban railheads.
Congressman Lamar Smith led an effort to earmark funding of $5.6 million
in the 1998 Transportation Equity Act for the 21st Century (TEA-21) to "Construct
Austin to San Antonio Corridor."
The first meeting of the Austin-San Antonio Inter-Municipal Commuter Rail
District Board was held on February 7, 2003. The District was created following
votes by Travis and Bexar Counties and the city of San Antonio to form the
organization in late 2002; Austin voted to form the District in 1998. Area
cities and counties have appointed board members to the District, with two
members selected by the Texas Transportation Commission.
At its regular meeting on September 5, 2003, the Board approved a Contract
for Engineering Services for a Program Management Consultant team to oversee
the commuter rail project. It was also announced that the Federal Project
Authorization and Agreement (letter of authority), certified by the Federal
Highway Administration (FHWA), was received confirming that the Austin-San
Antonio Intermunicipal Commuter Rail District was fully authorized to commence
with preliminary engineering and planning studies needed to develop regional
commuter rail between the cities of Georgetown and San Antonio.
Purpose of this Solicitation
The purpose of this solicitation is to retain one or more Consultants to
assist the District in securing grants and other federal assistance to:
1. fund part or all of the management, planning, design, construction,
property and facility purchases, equipment acquisition and/or operation of
a commuter rail system in the corridor; and
2. leverage available local and State funding to maximum extent possible
consistent with the objectives of the Commuter Rail District.
Scope of Services
The Consultant(s) shall perform, at the direction of the Commuter Rail
District Interim Executive Director (Interim Executive Director), the below
work tasks. It should be noted that this list is subject to change, and may
be expanded or contracted due to circumstances including change in scope,
magnitude of the project, and fiscal and budget constraints.
1. Develop a strategy to secure grants and other assistance through federal
legislation and existing federal agency programs. The strategy should include
at least objectives, tasks, funding targets, and a timeline. This strategy
should be developed in consultation with the Interim Executive Director and
appropriate committees of the District Board.
2. Make and/or maintain contact with key federal legislators and their
staffs as well as federal agency decision-makers in order to make the needs
of the District known to these federal legislators and administrators and
to implement the strategy outlined above.
3. Arrange for key meetings between District representatives and federal
legislators and/or administrators at appropriate times.
4. Provide at least monthly written updates to the District on progress
being made toward the implementation of the strategy described above.
5. Meet at least quarterly with the Interim Executive Director and selected
members of the District Board to review the strategy developed in the first
task and revise as needed.
6. Be available during the course of the engagement to the Interim Executive
Director to respond to questions and concerns as they may arise.
Contents of the Proposal
The District is hereby requesting the following be included in each copy
of the proposal submissions of all proposers:
1. A transmittal letter identifying the team members, key personnel, project
manager and related information;
2. The qualifications of the proposer including all team members, as appropriate;
3. The resumes of the key persons on the team as identified by the proposer;
4. A discussion of the work plan that defines the approach that will be
utilized by the proposer. The work plan should identify key milestones over
the next two years;
5. An explanation of the ways that the Consultant will maintain communications
with the District during the course of the engagement;
6. Brief descriptions of similar engagements within the last five years,
including client contact information, of the proposer; and
7. A budget and schedule for the performance of the work.
Proposals should be limited to a maximum of 30 pages. No more than 5 of
these pages should be anything but standard 8 1/2 by 11 inches in size.
Level of Effort and Duration of Engagement
The District is seeking a two-year contract with a successful proposer.
Local contributions are the source of funds for this project.
Proposer Selection Process
The selection of the successful proposer will be made solely by the Board
of Directors. There will be no pre-proposal conference conducted by the District.
However, any potential proposers may arrange a meeting with the Interim Executive
Director to discuss the contents of this RFP and the expectations of the District
related to this commuter rail project, subject to his time and availability.
If in the judgment of the Interim Executive Director, changes in the contents
of the RFP are required, an addendum will be issued by the District. Any addendum
that may be issued will be transmitted by fax and e-mail to all firms and
teams that have expressed an interest in this RFP. The addendum by the District
will provide all potential proposers at least three calendar days of time
to incorporate the necessary changes before the submission of their proposals.
Due to potential conflict of interest, no potential proposer or a person
representing a potential proposer may arrange or meet with the individual
members of the Board of Directors of the District to discuss any items or
matters related to this RFP during the period of time between the date of
the release of this RFP and the date the Board makes the decision selecting
the successful proposer(s).
The following is a general schedule that will be followed to complete the
selection process:
April 19, 2006--Publication of a Notice in the Press and Release of the
RFP;
May 15, 2006--Receipt of the Original and 16 copies of the proposals from
all proposers;
May 18, 2006--District Board Committee reviews and scores proposals and
arrives at a short list of up to three proposers to be recommended to the
full Board for interviews;
May 18, 2006--Finalists notified of interviews scheduled for May 18 - 30,
2006;
May 22, 2006--District Board of Directors interviews up to three proposers
and selects the Consultant to undertake the work and authorizes Interim Executive
Director to develop a contract to be approved by the Board of Directors;
June 2, 2006--District Board of Directors approves the contract and authorizes
the Interim Executive Director to issue a Notice to Proceed.
Any questions about the contents of this RFP should be directed in writing
to the Interim Executive Director at the address noted above.
TRD-200602073
Ross Milloy
Interim Executive Director
Austin-San Antonio Intermunicipal Commuter Rail District
Filed: April 10, 2006
Notice of Release of Request for Proposal for Child Care Management Services
On April 7, 2006, the Brazos Valley Council of Government (BVCOG) and Workforce
Solutions, Brazos Valley Board (WSBVB) release a Request for Proposal (RFP)
for Child Care Management Services. Child Care Management Services include:
* Child Care Client Services - to offer child care to eligible families
and to improve the quality, availability, and affordability of child care
in the Brazos Valley.
* Provider Management - to recruit eligible child care providers in all
seven counties on a monthly basis to expand the availability of child care
within the Brazos Valley workforce development area and to improve the quality
of child care services provided.
* Financial Management - to provide financial management services for Child
Care Client Services and Operations, and Child Care Provider Management.
Mandatory Bidders Conference
A mandatory Bidder's Conference will be held to discuss this RFP and to
answer other questions concerning the procurement process. The Bidders Conference
will be held at 1:30 p.m., Monday, April 17, 2006 at the Workforce Solutions
Brazos Valley Board offices located at:
Workforce Solutions Brazos Valley Board
3991 East 29th Street
Bryan, Texas 77802
Due Date
An original and four copies of a written proposal are due to the Board's
offices no later than 4:00 p.m., May 2, 2006. No proposals will be accepted
after this deadline.
Potential respondents may pose written questions concerning this RFP by
e-mail or fax. Contact Shawna Chambers at schambers@bvcog.org. The fax number
is (979) 595-2810. The RFP may be viewed and printed from the Internet on
www.bvjobs.org. The contact person for this RFP is Shawna Chambers, (979)
595-2800.
TRD-200602043
Tom Wilkinson
Executive Director
Brazos Valley Council of Governments
Filed: April 6, 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 31, 2006,
through April 6, 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 April 12, 2006. The public comment
period for these projects will close at 5:00 p.m. on May 12, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: Texas General Land Office
; Location:
The project is located at the east shore of the Gulf Intracoastal Waterway
(GIWW), just south of the John F. Kennedy Causeway High Bridge. The project
can be located on the U.S.G.S. quadrangle map entitled: Crane Islands NW,
Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 673720;
Northing: 3057668. Project Description: The applicant proposes to develop
an area of shoreline for commercial use by creating boat slips, decking, and
retaining walls. This will involve dredging a 14,200-square-foot area, covering
a 2,106-square-foot area with fill, and constructing a 13,092- square-foot
deck. Additionally, 2,166 square feet of uplands will be converted into submerged
habitat. The material from the initial dredging will be placed in offsite
upland disposal. Maintenance dredging material will also be placed in offsite
upland disposal; but because of the proposed configuration and proximity to
the GIWW, maintenance dredging is anticipated to be minimal. CCC Project No.:
06-0231-F1; Type of Application: U.S.A.C.E. permit application #18538(05)
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).
Applicant: BOSS Exploration and Production Corporation
; Location: The project proposal is known as Well No. 1 in State Tract
(ST) 400 (400-1). The project includes construction of a flowline from Well
400-1, north to an existing well know as 348-4 in ST 348. The project is located
in Corpus Christi Bay approximately 3.2 miles east of Gulf Intracoastal Waterway
(GIWW) Marker 71, in ST 400, Nueces County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: Port Ingleside, TX. Approximate UTM
Coordinates in NAD 27 (meters): Proposed Well 400-1: Zone 14; Easting 681657;
Northing: 3074930. Existing Well 348-4: Zone 14; Easting: 681663; Northing:
3077425. Project Description: The applicant proposes to install, operate,
and maintain structures and equipment necessary for oil and gas drilling,
production, and transportation activities. The proposal is to drill an oil
well in ST 400. The drilling activity includes installation of typical marine
barges and keyways. Upon completion of drilling, the applicant proposes to
leave in place an 8-by-20-foot well head and platform with a U.S. Coast Guard
navigational light atop it. Once the new well is complete, the applicant proposes
to construct an 8,165-foot flowline to an existing well know as Well 348-4
in ST 348. During drilling and flowline installation activities, the applicant
proposes to use a 500-foot radius around the drilling rig as a work area.
The applicant proposes to access Well Nos. 400-1 and 348-4 from the west via
deep water from GIWW Marker No. 71 proceeding east to Well No. 400-1. The
water depth along the proposed access route is approximately -8.9 to -12.9
feet MHW. CCC Project No.: 06-0233-F1; Type of Application: U.S.A.C.E. permit
application #24127 is being evaluated under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33
U.S.C.A. §1344). Note: The consistency review for this project may be
conducted by the Texas Railroad Commission under §401 of the Clean Water
Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451 - 1464), as amended, interested parties are
invited to submit comments on whether a proposed action is or is not consistent
with the Texas Coastal Management Program goals and policies and whether the
action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Program Specialist, Coastal Coordination Council, P. O.
Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments
should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200602071
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: April 10, 2006
Notice of Rate Bracket Adjustment
The Consumer Credit Commissioner of Texas has ascertained the following
brackets and ceilings by use of the formula and method described in TEX. FIN.
CODE §341.203.
1
The amounts of brackets in TEX. FIN. CODE §342.201(a) are changed
to $1,680.00 and $14,000.00, respectively.
The amounts of brackets in TEX. FIN. CODE §342.201(e) are changed
at $2,800.00, $5,880.00, and $14,000.00, respectively.
The ceiling amount in TEX. FIN. CODE §342.251 is changed to $560.00
and $1,120.00, respectively.
The amounts of the brackets in TEX. FIN. CODE §345.055 are changed
to $2,800.00 and $5,600.00, respectively.
The amounts of the bracket in TEX. FIN. CODE §345.103 is changed to
$2,800.00.
The ceiling amount of TEX. FIN. CODE §371.158 is changed to $14,000.00.
The amounts of the brackets in TEX. FIN. CODE §371.159 are changed
to $168.00, $1,120.00, and $1,680.00, respectively.
The above dollar amounts of the brackets and ceilings shall govern all
applicable credit transactions and loans made on or after July 1, 2006, and
extending through June 30, 2007.
1
Computation method: The Reference Base Index
(the Index for December 1967) = 101.6. The December 2005 Index = 573.3. The
percentage of change is 564.27%. This equates to an increase of 560% after
disregarding the percentage of change in excess of multiples of 10%.
TRD-200602091
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 11, 2006
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 04/17/06 - 04/23/06 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 04/17/06 - 04/23/06 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.
TRD-200602089
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 11, 2006
Notice of District Petition
Notices mailed April 11, 2006
TCEQ Internal Control No. 11282005-D02; County Line Water Supply Corporation
(Petitioner) has filed a petition with the Texas Commission on Environmental
Quality (TCEQ) to convert County Line Water Supply Corporation to County Line
Special Utility District (District), to transfer Certificate of Convenience
and Necessity (CCN) No. 10292 from County Line Water Supply Corporation to
County Line Special Utility District, and for approval of an Impact Fee of
$3,765. County Line Special Utility District's business address will be: 140
Grist Mill Road; Uhland, Texas 78640-9365. The petition was filed pursuant
to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code
Chapters 291 and 293; and the procedural rules of the TCEQ. The nature and
purpose of the petition are for the conversion of County Line Water Supply
Corporation and the organization, creation and establishment of County Line
Special Utility District under the provisions of Article XVI, Section 59,
Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The
District shall have the purposes and powers provided in Chapter 65 of the
Texas Water Code, and CCN No. 10292 shall be transferred as provided in Chapter
13, of the Texas Water Code, as amended. The nature of the services presently
performed by County Line Water Supply Corporation is to purchase, own, hold,
lease and otherwise acquire sources of water supply; to build, operate and
maintain facilities for the transportation of water; and to sell water to
individual members, towns, cities, private businesses, and other political
subdivisions of the State. The nature of the services proposed to be provided
by County Line Special Utility District is to purchase, own, hold, lease,
and otherwise acquire sources of water supply; to build, operate, and maintain
facilities for the storage, treatment, and transportation of water; and to
sell water to individuals, towns, cities, private business entities and other
political subdivisions of the State. Additionally, it is proposed that the
District will protect, preserve and restore the purity and sanitary condition
of the water within the District. It is anticipated that conversion will have
no adverse effects on the rates and services provided to the customers. The
submitted creation application also requested approval of an Impact Fee of
$3,765 for the proposed District. The proposed District is located in Hays
and Caldwell Counties and will contain approximately 33.3 square miles. The
territory to be included within the proposed District includes all of the
singularly certified service area covered by CCN No. 10292. CCN No. 10292
will be transferred after a positive confirmation election. The TCEQ may grant
a contested case hearing on this petition if a written hearing request is
filed within 30 days after the newspaper publication of this notice.
TCEQ Internal Control No. 02222006-D02; Skinner Lands Turkey Creek, LLC
and Resscomm Trust #1 (Petitioner) filed a petition for creation of Harris
County Municipal Utility District No. 454 (District) with the Texas Commission
on Environmental Quality (TCEQ). The petition was filed pursuant to Article
XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and
54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and
the procedural rules of the TCEQ. The petition states the following: (1) the
Petitioner is the owner of a majority in value of the land to be included
in the proposed District; (2) there is one lien holder, Texas State Bank,
on the property to be included in the proposed District, and the Petitioner
has provided the TCEQ with a certificate evidencing its consent to the creation
of the proposed District; (3) the proposed District will contain approximately
191.26 acres of land located in Harris County, Texas; and (4) the proposed
District is entirely within the extraterritorial jurisdiction of the City
of Houston, Texas, and no portion of land within the proposed District is
within the corporate limits or extraterritorial jurisdiction of any other
city, town or village of the State of Texas. By Ordinance No. 2005-1323, effective
December 7, 2005, the City of Houston, Texas, gave its consent to the creation
of the proposed District. The petition further states that the proposed District
will: (1) purchase, construct, acquire, maintain and operate a waterworks
and sanitary sewer system for municipal, domestic, industrial, and commercial
purposes; (2) acquire, construct, operate and maintain a system to gather,
conduct, divert, and control local storm water or other local harmful excesses
of water within the District; (3) finance one or more facilities designed
or utilized to perform fire-fighting services; and (4) purchase, acquire,
construct, own, lease, extend, improve, operate, maintain, and repair such
additional improvements, facilities, plants, equipment, and appliances consistent
with the purposes for which the District is organized, all as more particularly
described in an engineer's report filed simultaneously with the filing of
the petition. According to the petition, the Petitioner has conducted a preliminary
investigation to determine the cost of the project, and from the information
available at the time, the cost of the project is estimated to be approximately
$15,500,000.
TCEQ Internal Control No. 02162006-D03; V & W Partners, Ltd., Vintage
Lakes Center, L.P. and IMF Investments 105 L.P. (Petitioners) filed a petition
for creation of Harris County Municipal Utility District No. 468 (District)
with the Texas Commission on Environmental Quality (TCEQ). The petition was
filed pursuant to Article XVI, Section 59 of the Constitution of the State
of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative
Code Chapter 293; and the procedural rules of the TCEQ. The petition states
the following: (1) the Petitioners are the owner of a majority in value of
the land to be included in the proposed District; (2) there are two lien holders,
Laredo National Bank and Amegy Bank National Association, on the property
to be included in the proposed District, and the Petitioner has provided the
TCEQ with a certificate evidencing its consent to the creation of the proposed
District; (3) the proposed District will contain approximately 529.14 acres
located in Harris County, Texas; and (4) the proposed District is within the
extraterritorial jurisdiction of the City of Houston, Texas, and no portion
of land within the proposed District is within the corporate limits or extraterritorial
jurisdiction of any other city, town or village in Texas. By Ordinance No.
2006-1, effective January 10, 2006, the City of Houston, Texas, gave its consent
to the creation of the proposed District. The petition further states that
the proposed District will: (1) purchase, construct, acquire, maintain and
operate a waterworks and sanitary sewer system for municipal, domestic, industrial
and commercial purposes; (2) acquire, construct, operate and maintain a system
to gather, conduct, divert, and control local storm water or other local harmful
excesses of water within the District; (3) purchase, acquire, construct, own,
lease, extend, improve, operate, maintain, and repair such additional improvements,
facilities, plants, equipment, and appliances consistent with the purposes
for which the District is organized, all as more particularly described in
an engineer's report filed simultaneously with the filing of the petition.
According to the petition, the Petitioners have conducted a preliminary investigation
to determine the cost of the project and from the information available at
the time, the cost of the project is estimated to be approximately $45,400,000.
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 1-512-239-4691.
Si desea información en Español, 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-200602105
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 12, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the commission in accordance with
Texas Water Code (TWC), §7.075, this notice of the proposed order and
the opportunity to comment is published in the
Texas
Register
no later than the 30th day before the date on which the public
comment period closes, which in this case is
May 22,
2006.
The commission will consider any written comments received and
the commission may withdraw or withhold approval of a DO if a comment discloses
facts or considerations that indicate a proposed DO is inappropriate, improper,
inadequate, or inconsistent with the requirements of the statutes and rules
within the commission's jurisdiction, or orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed DO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on May 22, 2006.
Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's attorneys are
available to discuss the DOs and/or the comment procedure at the listed phone
numbers; however, comments on the DOs should be submitted to the commission
in
writing.
(1) COMPANY: Arlin Terrell dba Terrell's Mobile Home Park; DOCKET NUMBER:
2004-1016-PWS-E; TCEQ ID NUMBERS: 1520192 and RN101249852; LOCATION: 312 East
82nd Street, Lubbock, Lubbock County, Texas; TYPE OF FACILITY: residential
development with a public water supply system; RULES VIOLATED: 30 TAC §290.106(f)(3)
and §290.122(b), by exceeding the maximum contaminant level (MCL) for
fluoride and by failing to provide notice thereof to persons served by the
water system; PENALTY: $6,014; STAFF ATTORNEY: James Sallans, Litigation Division,
MC 175, (512) 239-2053; REGIONAL OFFICE: Lubbock Regional Office, 4630 50th
Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(2) COMPANY: Crest Enterprises, Inc. dba Chevron Mart; DOCKET NUMBER: 2003-0240-PST-E;
TCEQ ID NUMBERS: 69100 and RN101566412; LOCATION: 3544 East 14th Street, Plano,
Collin County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to
demonstrate financial responsibility for taking corrective action and for
compensating third parties for bodily injury and property damage caused by
accidental releases from the operation of petroleum underground storage tanks
(USTs); 30 TAC §334.10(b)(1)(A) and (B), by failing to maintain records
as required to demonstrate proper release detection, in accordance with 30
TAC §334.50(b)(2), for the product piping associated with all UST systems;
30 TAC §115.245(2) and Texas Health Safety Code (THSC), §382.085(b),
by failing to conduct a pressure decay test during the 12-month period preceding
the inspection and by failing to verify proper operation of the Stage II equipment
at least once every five years; PENALTY: $5,850; STAFF ATTORNEY: Robert Mosley,
Litigation Division MC 175, (512) 239-0627; REGIONAL OFFICE: Dallas-Fort Worth
Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Darren Taylor; DOCKET NUMBER: 2005-1205-OSS-E; TCEQ ID NUMBER:
RN104026380; LOCATION: Highway 147 South, San Augustine, San Augustine County,
Texas; TYPE OF FACILITY: on-site sewage facility; RULES VIOLATED: THSC, §366.017(a)(1)
and 30 TAC §285.3, by failing to repair a malfunctioning on-site sewage
disposal system on the site not later than the 30th day after the date on
which the owner is notified by the commission if the owner has not been notified
of the malfunctioning system during the preceding 12 months; PENALTY: $8,531;
STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619;
REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Datari Corporation dba One Stop Mobil; DOCKET NUMBER: 2003-0389-PST-E;
TCEQ ID NUMBER: RN101436038; LOCATION: 4024 Nasa Road 1, El Lago, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate
financial assurance for taking corrective action and for compensating third
parties for bodily injury and property damage caused by accidental releases
arising from the operation of petroleum USTs; PENALTY: $1,050; STAFF ATTORNEY:
Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE:
Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(5) COMPANY: Felipe Gutierrez dba Buffalo Drive In Grocery; DOCKET NUMBER:
2004-2005-PST-E; TCEQ ID NUMBERS: 45316 and RN102048642; LOCATION: 2712 South
Alamo Road, Alamo, Hidalgo County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and
(b), by failing to demonstrate acceptable financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases from the operation of petroleum USTs; 30 TAC §334.22(a)
and Texas Water Code (TWC), §5.702, by failing to pay UST fees for TCEQ
Account Number 0048931U for Fiscal Year 2005; PENALTY: $2,140; STAFF ATTORNEY:
Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE:
Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247,
(956) 425-6010.
(6) COMPANY: Hamsho, Inc.; DOCKET NUMBER: 2005-1287-PST-E; TCEQ ID NUMBER:
RN102409430; LOCATION: 1125 Jefferson Drive, Port Arthur, Jefferson County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §114.246(4) and (5) and THSC, §382.085(b),
by failing to maintain a record of the testing conducted at the motor vehicle
fuel dispensing facility, and proof of attendance and completion of all Stage
II training for each employee to be maintained as long as that employee continues
to work at the facility; 30 TAC §334.50(a)(1)(A), (b)(2)(A)(i)(III),
and (d)(9)(A)(iii) and TWC, §26.3475(a), by failing to provide a release
detection method capable of detecting a release from any portion of the UST
system which contains regulated substances including the tanks, piping, and
other underground ancillary equipment; 30 TAC §115.242(3) and (3)(A),
by failing to provide and maintain the Stage II vapor recovery system in proper
operating condition and free of defects; 30 TAC §115.245(2) and THSC, §382.085(b),
by failing to verify proper operation of Stage II equipment at least every
12 months or upon major system replacement or modification; 30 TAC §334.49(a)(2)
and TWC, §26.3475(d), by failing to equip the UST with corrosion protection
and have the system designed, installed, operated, and maintained in a manner
that will ensure that corrosion protection will be continuously provided to
all underground metal components of the UST system; 30 TAC §334.51(b)(2)(C)
and TWC, §26.3475(c)(2), by failing to provide proper overfill prevention
equipment for the UST system; 30 TAC §334.48(c), by failing to reconcile
inventory control records on a monthly basis; 30 TAC §334.50(d)(9)(A)(iv)
and §334.72, by failing to report to the agency any UST system analysis
report results other than "pass" as a suspected release from a UST; 30 TAC §334.71(1),
by failing to immediately investigate and confirm all suspected releases of
regulated substances at a UST site within 30 days; PENALTY: $35,125; STAFF
ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL
OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(7) COMPANY: Jose A. Menjivar, Sr.; DOCKET NUMBER: 2005-0729-LII-E; TCEQ
ID NUMBERS: RN104191622; LOCATION: 499 Flowering Wells Road, Pottsboro, Grayson
County, Texas; TYPE OF FACILITY: landscape irrigation; RULES VIOLATED: 30
TAC §344.4(a) and §30.5(a) and (b), TWC, §37.003, and Texas
Occupations Code, §1903.251, by failing to hold an irrigation license
prior to selling, designing, consulting, installing, maintaining, altering,
repairing, or servicing an irrigation system; PENALTY: $1,250; STAFF ATTORNEY:
Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(8) COMPANY: Nehal, Inc. dba Oasis Food Mart; DOCKET NUMBER: 2005-0286-PST-E;
TCEQ ID NUMBERS: 74986 and RN101846699; LOCATION: 4751 North Beltline Road,
Mesquite, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate financial assurance for taking corrective action and for compensating
third parties for bodily injury and property damage caused by accidental releases
arising from the operation of petroleum USTs; PENALTY: $1,940; STAFF ATTORNEY:
Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(9) COMPANY: Torres Ready-Mix, Inc.; DOCKET NUMBER: 2004-0252-MLM-E; TCEQ
ID NUMBERS: 70774 and RN103967469; LOCATION: seven miles north of United States
Highway 83 and 1.2 miles east of Farm-to-Market Road 1436, La Pryor, Zavala
County, Texas; TYPE OF FACILITY: quarry with a rock crusher and equipment
which generates used oil; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b)
and §382.0518(a), by failing to obtain a permit or satisfy the conditions
of a permit by rule to construct a rock crusher; 30 TAC §324.6 and 40
Code of Federal Regulations §279.22(c)(1), by failing to label or mark
clearly containers and aboveground tanks used to store used oil with the words
"Used Oil"; 30 TAC §21.3 and §101.24, THSC, §382.062, and TWC, §26.0291,
by failing to pay wastewater general permit fees and air inspection fees;
PENALTY: $61,250; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-12,
(713) 422-8916; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road,
Suite 304, Laredo, Texas 78041-3638, (956) 791-6611.
(10) COMPANY: Z.A.O., Inc.; DOCKET NUMBER: 2005-0341-PST-E; TCEQ ID NUMBERS:
104137 and RN102281177; LOCATION: 9817 Dyer Street, El Paso, El Paso County,
Texas; TYPE OF FACILITY: gasoline station with retail sales of gasoline; RULES
VIOLATED: 30 TAC §334.78 and §334.80, by failing to submit information
about the site and the nature of the release and failure to conduct investigations
of the release; PENALTY: $18,850; STAFF ATTORNEY: Xavier Guerra, Litigation
Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: El Paso Regional Office,
401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
TRD-200602113
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: April 12, 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 (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
May 22, 2006.
Section
7.075 also requires that the commission promptly consider any written comments
received and that the commission may withdraw or withhold approval of an AO
if a comment discloses facts or considerations that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed AO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about an AO should be sent to the attorney
designated for the AO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on May 22, 2006.
Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney is available
to discuss the AO and/or the comment procedure at the listed phone number;
however, §7.075 provides that comments on an AO should be submitted to
the commission in
writing.
(1) COMPANY: A P G & Z, Inc. dba McKinney Food Store; DOCKET NUMBER:
2002-1016-PST-E; TCEQ ID NUMBERS: 49369 and RN102049228; LOCATION: 1117 East
McKinney Street, Denton, Denton County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: Texas Water Code (TWC), §26.3475(c)(2)
and 30 TAC §334.51(b)(2)(B), by failing to equip the fill tubes on the
facility's three underground storage tanks (USTs) with spill and overfill
prevention equipment to prevent any spilling or overfilling of regulated substances;
PENALTY: $2,000; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175,
(512) 239-0624; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Aristos, Inc. dba Smart Stop; DOCKET NUMBER: 2003-1172-PST-E;
TCEQ ID NUMBERS: 71598 and RN102256088; LOCATION: 811 Strickland Drive, Orange,
Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1),
by failing to provide proper release detection for the UST system at the facility;
PENALTY: $2,000; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175,
(512) 239-1320; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(3) COMPANY: Chevron Phillips Chemical Company, L.P.; DOCKET NUMBER: 2005-0007-AIR-E;
TCEQ ID NUMBER: RN103919817; LOCATION: 9500 Interstate Highway 10 East, Baytown,
Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULES
VIOLATED: Texas Health Safety Code (THSC), §382.085(b), 30 TAC §116.115(c),
and New Source Review (NSR) Air Permit Number 37063, Special Condition 1,
Maximum Allowable Emission Rate Table (MAERT), by failing to limit emissions
in the Normal Alpha Olefin Unit 1797 from two block valves Emission Point
Number (EPN F-130) and the SYS-740 Flare (EPN 136), to those limited by the
permit; PENALTY: $4,350; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division,
MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: City of Baird; DOCKET NUMBER: 2005-1043-PWS-E; TCEQ ID NUMBERS:
0300001 and RN101387462; LOCATION: Baird, Callahan County, Texas; TYPE OF
FACILITY: public water system; RULES VIOLATED: THSC, §341.0315(c) and
30 TAC §290.113(f)(4), by exceeding the maximum contaminant level (MCL)
of 0.080 milligrams per liter (mg/L) for trihalomethanes for the third and
fourth quarters of 2004 and the first quarter of 2005; THSC, §341.0315(c)
and 30 TAC §290.113(f)(5), by exceeding the MCL of 0.060 mg/L for haloacetic
acid (five) (HAA5) for the third and fourth quarters of 2004 and the first
quarter of 2005; PENALTY: $1,250; STAFF ATTORNEY: Shana Horton, Litigation
Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Abilene Regional Office,
1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(5) COMPANY: City of Lovelady; DOCKET NUMBER: 2003-1298-MWD-E; TCEQ ID
NUMBERS: 10734-001 and RN102185543; LOCATION: approximately 0.5 miles southwest
of the intersection of State Highway 19 and Farm-to-Market Road 1280, Lovelady,
Houston County, Texas; TYPE OF FACILITY: domestic wastewater treatment plant;
RULES VIOLATED: TWC, §26.121(a), 30 TAC §305.125(1), and Texas Pollutant
Discharge Elimination System (TPDES) Permit Number 10734-001 Effluent and
Monitoring Requirements, by failing to comply with its permitted effluent
quality limitations; 30 TAC §305.125(1) and (5), §305.126(a), and
TPDES Permit Number 10734-001, Permit Conditions Number 2.b and Operational
Requirements Numbers 1 and 8, by failing to maintain units of conveyance;
by failing to initiate plans for expansion or submit an engineering report
to document a request for a waiver of the 75/90 rule requirement; by failing
to properly maintain all units of treatment; by failing to maintain the flow
measurement device to provide accurate readings; and 30 TAC §319.7(a)
and (c) and TPDES Permit Number 10734-001, Monitoring and Reporting Requirements
Number 3.b and 3.c, by failing to maintain pH calibration records and to record
the name of the individual and the time that the pH measurements and flow
readings were taken; PENALTY: $19,550; STAFF ATTORNEY: Deborah A. Bynum, Litigation
Division, MC 175, (512) 239-1976; REGIONAL OFFICE: Beaumont Regional Office,
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(6) COMPANY: Duininck Brothers, Inc. dba Duininck Brothers Construction
Company; DOCKET NUMBER: 2004-1091-PST-E; TCEQ ID NUMBERS: 65411 and RN102265972;
LOCATION: 4701 North Highway 377, Roanoke, Denton County, Texas; TYPE OF FACILITY:
road construction equipment storage and maintenance company with underground
storage tanks for refueling activities; RULES VIOLATED: 30 TAC §334.50(b)(2)
and TWC, §26.3475(a), by failing to provide proper release detection
for the product piping associated with UST systems; 30 TAC §334.8(c)(4)(B)
and TWC, §26.346(c)(3), by failing to ensure that the UST registration
and self-certification form is fully and accurately completed, and submitted
to the agency in a timely manner; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a),
by failing to make available to a common carrier a valid current TCEQ delivery
certificate before receiving a delivery of a regulated substance into the
USTs; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify
proper operation of the Stage II equipment at least once every 12 months or
upon major system replacement or modification, whichever occurs first; PENALTY:
$6,000; STAFF ATTORNEY: Courtney St. Julian, Litigation Division, MC 175,
(512) 239-0617; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: E. I. Dupont De Nemours & Company, Inc.; DOCKET NUMBER:
2003-1371-MLM-E; TCEQ ID NUMBER: RN100216035; LOCATION: 5470 Twin City Highway,
Nederland, Jefferson County, Texas; TYPE OF FACILITY: industrial organic chemicals
plant; RULES VIOLATED: 30 TAC §101.20(1) and §116.115(c), TCEQ Permit
Number 2769A - Special Condition 12F, 40 Code of Federal Regulations (CFR) §60.46b(e)(1),
and THSC, §382.085(b), by failing to conduct valid stack sampling for
nitrogen oxides (NOx) on Boiler 7, EPN P&S-BLR7, within 60 days, but no
later than 180 days after the initial start up of the Plant, which occurred
in December 2002; 30 TAC §305.125(1), TPDES Permit Number 00473 - Effluent
Limitations and Monitoring Requirements, and TWC, §26.121(a), by failing
to comply with permitted effluent limitations at Outfall 001A and 101A; 30
TAC §116.115(b)(2)(F) and (c), TCEQ Permit Number 1743 - Special Conditions
1, and THSC, §382.085(b), by failing to maintain an emission rate within
the allowable emission limits in the Maximum Allowable Emissions Rate Table
(MAERT) of the permit; 30 TAC §116.115(b)(2)(F) and (c), TCEQ Permit
Number 1743 - Special Conditions 1 and 4, and THSC, §382.085(b), by failing
to maintain an emission rate within the allowable emission limits in the MAERT
of the permit; 30 TAC §116.115(b)(2)(F); Air Permit Number 4351 - Special
Condition 1, and THSC, §382.085(b), by allowing unauthorized emissions
from a dehydrating nitrogen line at the Aniline Unit on October 2, 2004; 30
TAC §116.115(b)(2)(F); Air Permit Number 4351 - Special Condition 1,
and THSC, §382.085(b), by allowing unauthorized emissions from an absorber
vent (EPN ACR-VNT 51) at the acrylonitrile process area on December 27, 2004;
PENALTY: $53,230; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175,
(512) 239-1873; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(8) COMPANY: Gary P. Jaquess dba Gary's Haltom City Car Wash; DOCKET NUMBER:
2004-1347-PST-E; TCEQ ID NUMBERS: 01059 and RN101553816; LOCATION: 5403 East
Belknap Street, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance for taking
corrective action and for compensating third parties for bodily injury and
property damage caused by accidental releases arising from the operation of
petroleum USTs; 30 TAC §334.22(a) and TWC, §5.702, by failing to
pay outstanding UST fees, including penalties and interest; PENALTY: $4,280;
STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: Gateway Truck Terminal, Inc.; DOCKET NUMBER: 2005-1406-PST-E;
TCEQ ID NUMBER: RN102405719; LOCATION: 5301 Santa Maria Avenue, Laredo, Webb
County, Texas; TYPE OF FACILITY: retail service station and truck stop; RULES
VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable
financial assurance for taking corrective action and for compensating third
parties for bodily injury and property damage caused by accidental releases
arising from the operation of petroleum USTs; 30 TAC §334.50(a)(1)(A)
and TWC, §26.3475(a) and (c)(1), by failing to demonstrate the utilization
of a valid method of release detection capable of detecting a release from
any portion of the UST system which contained regulated substances, including
tanks, piping, and other underground ancillary equipment; PENALTY: $6,825;
STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624;
REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304,
Laredo, Texas 78041-3638, (956) 791-6611.
(10) COMPANY: MBE, Inc. dba Bryan's 2 and dba Bryan's 3; DOCKET NUMBER:
2003-1144-PST-E; TCEQ ID NUMBERS: RN101432334 and RN102375557; LOCATION: 901
East Main, San Augustine, San Augustine County (Bryan's 2), and 462 State
Highway 7 East, Center, Shelby County (Bryan's 3), Texas; TYPE OF FACILITY:
convenience stores with retail sales of gasoline; RULES VIOLATED: at Bryan's
2, 30 TAC §334.45(c)(3)(A), by failing to install a secure anchor at
the base of the dispenser in each pressurized delivery or product line, a
UL-listed emergency shutoff valve in piping systems in which regulated substances
are conveyed under pressure to an aboveground dispensing unit; 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance for taking
corrective action and for compensating third parties for bodily injury and
property damage caused by accidental releases arising from the operation of
petroleum USTs; 30 TAC §334.48(c), by failing to conduct inventory control
for all USTs involved in the retail sales of petroleum substances used as
motor fuel; at Bryan's 3, 30 TAC §334.45(c)(3)(A), by failing to install
a secure anchor at the base of the dispenser in each pressurized delivery
or product line, a UL-listed emergency shutoff valve in piping systems in
which regulated substances are conveyed under pressure to an aboveground dispensing
unit; 30 TAC §334.50(b)(2)(A)(i)(III), by failing to test a line detector
at least once per year for performance and operational reliability; 30 TAC §334.48(c),
by failing to reconcile inventory control records at least once each month,
sufficiently accurately to detect a release which equals or exceeds the sum
of 1% of the total substance flow-through for the month plus 130 gallons;
and 30 TAC §334.21 and § 334.128, by failing to pay UST and above
ground storage tank fees; PENALTY: $18,000; STAFF ATTORNEY: Courtney St. Julian,
Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Beaumont Regional
Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(11) COMPANY: MMR Joint Ventures, Ltd.; DOCKET NUMBER: 2005-1096-EAQ-E;
TCEQ ID NUMBER: RN104548904; LOCATION: within the Edwards Aquifer recharge
zone, at the southeast corner of Highway 281 and Encino Commons, San Antonio,
Bexar County, Texas; TYPE OF FACILITY: real property; RULES VIOLATED: 30 TAC §213.4(a)(1),
by failing to obtain commission approval of an Edwards Aquifer Protection
Plan prior to commencing construction activities, including clearing trees
from the land and constructing a caliche pad for a building, on the Edwards
Aquifer Recharge Zone; PENALTY: $13,950; STAFF ATTORNEY: Kathleen Decker,
Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: San Antonio
Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(12) COMPANY: P & J Industries, Inc.; DOCKET NUMBER: 2004-1369-IHW-E;
TCEQ ID NUMBER: R101517753; LOCATION: 44 Butterfield Circle, El Paso, El Paso
County, Texas; TYPE OF FACILITY: metal plating facility; RULES VIOLATED: 30
TAC §335.513(c) and §335.70(a) and (b); and 40 CFR §262.40(c),
by failing to maintain records of hazardous waste determinations and waste
classifications, including process knowledge and analytical data; 30 TAC §335.6(c),
by failing to notify the executive director of all waste streams managed at
each unit and any waste management changes; 30 TAC §335.10(b), by failing
to properly complete all waste manifests; 30 TAC §335.13(k), by failing
to submit an exception report to the executive director when the original
signed copy of the manifests were not received from the designated facility
within 45 days of the date the waste was accepted by the initial transporter;
30 TAC §335.474(1)(C) and (J)(iv), by failing to include all required
information in the pollution prevention plan; 30 TAC §335.431(c) and
40 CFR §268.7(a)(1), by failing to determine if the waste meets land
disposal restriction standards; 30 TAC §335.69(a)(1)(A) and 40 CFR §265.173
and §262.34(a)(1)(i), by failing to keep hazardous waste containers closed
during storage; 30 TAC §335.69(a)(4)(A) and 40 CFR §262.34(a)(4)
and §265.35, by failing to maintain aisle space to allow unobstructed
movement of personnel and emergency response equipment; 30 TAC §335.69(a)(4)(A)
and 40 CFR §262.34(a)(4) and §265.52, by failing to include all
required elements for an effective emergency response program in the contingency
plan for the facility; 30 TAC §335.69(a)(4)(A) and 40 CFR §262.34(a)(4)
and §265.37, by failing to make proper arrangements with local authorities;
30 TAC §335.69(a)(2) and 40 CFR §262.34(a)(2), by failing to have
the beginning date of accumulation marked on each container; PENALTY: $25,956;
STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500;
REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite
560, El Paso, Texas 79901-1206, (915) 834-4949.
(13) COMPANY: Sonntag Materials, Inc. DOCKET NUMBER: 2005-1641-WQ-E; TCEQ
ID NUMBER: RN104739123; LOCATION: off United States Highway 377, Granbury,
Hood County, Texas; TYPE OF FACILITY: sand mining facility; RULES VIOLATED:
30 TAC §281.25(a)(4), TWC, §26.121, and 40 CFR §122.26, by
failing to obtain storm water permit coverage to discharge storm water associated
with an industrial activity; 30 TAC §205.6 and TWC, §5.702, by failing
to pay General Wastewater Permit fees and associated late fees for Financial
Account Number 20500295 for Fiscal Year 2005; PENALTY: $2,000; STAFF ATTORNEY:
Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(14) COMPANY: Star Tex Gasoline & Oil Distributors, Inc. dba Star Trac
1; DOCKET NUMBER: 2005-1146-PST-E; TCEQ ID NUMBERS: 23481 and RN101378263;
LOCATION: 5416 Leopard Street, Corpus Christi, Nueces County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED:
30 TAC §334.8(c)(4)(A)(vii) and (c)(5)(B)(ii), by failing to renew a
TCEQ delivery certificate by timely and proper submission of a new UST registration
and self-certification form to the agency; 30 TAC §334.8(c)(5)(A)(i)
and TWC, §26.3467(a), by failing to make available to a common carrier
a valid, current TCEQ delivery certificate before the delivery of a regulated
substance into the UST system; PENALTY: $2,040; STAFF ATTORNEY: Shawn Slack,
Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Corpus Christi
Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503,
(361) 825-3100.
(15) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2004-1450-AIR-E;
TCEQ ID NUMBERS: HG0289K and RN100870898; LOCATION: 2000 Goodyear Drive, Houston,
Harris County, Texas; TYPE OF FACILITY: chemical plant; RULES VIOLATED: 30
TAC §§115.352(4), 101.20(2), 116.715(a); 40 CFR §63.167(a)(1);
TCEQ Permit Number 6618, Special Provision Number 3E; and THSC, §382.085(b),
by failing to install a second valve, a blind flange, or a tightly-fitting
plug or cap on 138 open-ended lines; 30 TAC §115.352(9); TCEQ Permit
Number 6618, Special Provision Number 3F; and THSC, §382.085(b), by failing
to reinstall pressure gauges between the relief valve and the rupture disk;
30 TAC §117.206(i), §122.143(4); Operating Permit Number O-01227,
General Terms and Conditions, and Provision Number 1.E; and THSC, §382.085(b),
by failing to cease operations of firewater pump diesel engines for testing
or maintenance between the hours of 6:00 a.m. and noon on March 4 - 6, 2003,
March 10, 2003, March 20, 2003, and March 26, 2003; 30 TAC §111.145(2), §122.143(4);
Operating Permit Number O-01227, General Terms and Conditions, and Provision
Number 2.C(ii); and THSC, §382.085(b), by failing to conduct sandblasting
with adequate enclosure of work areas to prevent airborne particulate emissions
on February 12, 2003; 30 TAC §115.122(a)(1), §122.143(4); Operating
Permit Number O-01227, General Terms and Conditions, and Provision Number
1.F; and THSC, §382.085(b), by failing to use a vapor control system
to control a vent gas stream with a control efficiency of at least 90% or
to a Volatile Organic Compound (VOC) concentration of no more than 20 parts
per million by volume (on a dry basis corrected to 3.0% oxygen for combustion
devices); 30 TAC §116.715(a), §116.721(a); TCEQ Permit Number 6618,
General Condition Number 1; and THSC, §382.085(b), by failing to follow
operational procedures that resulted in the release of insignificant amounts
of contaminants; 30 TAC §§115.354(4), 101.20(2), 122.143(4); 40
CFR §63.165(b)(2); Operating Permit Number O-01227, General Terms and
Conditions, and Provision Number 1.D; and THSC, §382.085(b), by failing
to measure emissions from a relief valve which has vented to the atmosphere
within 24 hours; 30 TAC §115.421(a)(9)(A)(iii), §122.143(4); Operating
Permit Number O-01227, General Terms and Conditions, and Provision Number
1.A; and THSC, §382.085(b), by failing to use a surface coating that
would not exceed VOC emissions limits for miscellaneous metal parts coating;
30 TAC §117.214(b)(2), §122.143(4); Operating Permit Number O-01227,
General Terms and Conditions, and Provision Number 1.E; and THSC, §382.085(b),
by failing to check the engines C2007 and C2008 for proper operation at least
quarterly; 30 TAC §116.715(a); TCEQ Permit Number 6618, General Condition
Number 10; and THSC, §382.085(b), by failing to keep the thermal oxidizer
operating when vapors were routed to it; 30 TAC §116.715(a), §122.143(4);
TCEQ Permit Number 6618, Special Condition 1, Operating Permit Number O-01227,
General Terms and Conditions and Special Terms and Conditions 10.A.; and THSC, §382.085(b),
by failing to maintain emissions below permitted limits; 30 TAC §116.715(a), §122.143(4);
TCEQ Permit Number 6618, Special Condition 1, Operating Permit Number O-01227,
General Terms and Conditions and Special Terms and Conditions 11.A.; and THSC, §382.085(b),
by failing to maintain emissions below permitted limits; 30 TAC §116.715(a), §122.143(4);
TCEQ Permit Number 6618, Special Condition 1, Operating Permit Number O-01227,
General Terms and Conditions and Special Terms and Conditions 10.A.; and THSC, §382.085(b),
by failing to comply with the rolling 12-month, permitted emission cap for
ammonia; 30 TAC §116.715(a), §122.143(4); TCEQ Permit Number 6618,
Special Condition 3.F., Operating Permit Number O-01227, General Terms and
Conditions and Special Terms and Conditions 10.A.; and THSC, §382.085(b),
by failing to install a pressure gauge between a relief valve and a rupture
disk; 30 TAC §116.715(a), §122.143(4); TCEQ Permit Number 6618,
Special Condition 3.F., Operating Permit Number O-01227, General Terms and
Conditions and Special Terms and Conditions 11.A.; and THSC, §382.085(b),
by failing to install a pressure gauge between a relief valve and a rupture
disk; 30 TAC §§115.352(4), 122.143(4), 101.20(2), 116.715(a), 40
CFR §63.167(a)(1), TCEQ Permit Number 6618, Special Provision Number
3E; Operating Permit Number O-01227, General Terms and Conditions and Special
Terms and Conditions 10.A.; and THSC, §382.085(b), by failing to install
a second valve, a blind flange, or a tightly-fitting plug or cap on eight
open ended lines; 30 TAC §§115.352(4), 122.143(4), 101.20(2), 116.715(a),
40 CFR §63.167(a)(1), TCEQ Permit Number 6618, Special Provision Number
3E; Operating Permit Number O-01227, General Terms and Conditions and Special
Terms and Conditions 11.A.; and THSC, §382.085(b), by failing to install
a second valve, a blind flange, or a tightly-fitting plug or cap on 13 open
ended lines; 30 TAC §117.214(b)(2), §122.143(4); Operating Permit
Number O-01227, General Terms and Conditions, and Special Terms and Conditions
Number 1.E.; and THSC, §382.085(b), by failing to monitor for NOx and
carbon monoxide emissions; 30 TAC §§101.20(2); 115.781(a), 122.143(4),
40 CFR §63.162(c); and Operating Permit Number O-01227, General Terms
and Conditions and Special Terms and Condition Numbers 1.A. and 1.K.(iv);
and THSC, §382.085(b), by failing to identify fugitive components in
a process unit in highly-reactive volatile organic compound service; 30 TAC §117.219(f)(10), §122.143(4);
Operating Permit Number O-01227, General Terms and Conditions, and Special
Terms and Conditions Number 1.E.; and THSC, §382.085(b), by failing to
record complete information of engine testing and maintenance; 30 TAC §101.20(b), §122.143(4);
and Operating Permit Number O-01227, General Terms and Conditions and Special
Terms and Conditions Number 2.F. and THSC, §382.085(b), by failing to
timely create a final record of emissions event; 30 TAC §122.143(4), §122.145(2)(A);
and Operating Permit Number O-01227, General Terms and Conditions; and THSC, §382.085(b),
by failing to report all instances of deviations in a deviation report; PENALTY:
$204,603; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12,
(713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200602114
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: April 12, 2006
Notice issued April 5, 2006:
APPLICATION NO. 5906; TXU Mining Company LP, 1601 Bryan Street, Dallas,
Texas 75201- 3411, applicant, has applied to the Texas Commission on Environmental
Quality (TCEQ) for a Water Use Permit pursuant to Texas Water Code 11.121
and TCEQ Rules 30 Texas Administrative Code 295.1, et seq. Applicant seeks
authorization to divert and use not to exceed 220 acre-feet of water per year
for lignite surface mining purposes (dust suppression, construction, and miscellaneous
mining activities) within the Monticello-Thermo Lignite Mining Area (LMA)
in Hopkins County, Texas. The water will be diverted within the boundary of
the Monticello-Thermo LMA at or upstream of four (4) proposed diversion points
at a maximum combined diversion rate not to exceed 13.369 cfs (6,000 gpm).
The proposed diversion points (DP) are located in Hopkins County on various
unnamed tributaries to Rock Creek, tributary of White Oak Creek, tributary
to the Sulpher River, Sulpher River Basin. For a listing of the diversion
points view the complete notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html
or call the Office of the Chief Clerk at 512-239-3300 to obtain a copy of
the complete notice. Applicant also seeks authorization to maintain three
existing reservoirs constructed during activities associated with the mining
process and have received approval from the Railroad Commission of Texas.
They are located in the Thomas Tobar Original Survey, Abstract No. 953, Hopkins
County, on various unnamed tributaries of Rock Creek, and impound a combined
total of 1,002.00 acre-feet of water. The on-channel reservoirs will remain
as permanent domestic and livestock ponds after the cessation of mining activities.
For a complete description of the on-channel reservoirs, view the complete
notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html
or call the Office of the Chief Clerk at 512- 239-3300 to obtain a copy of
the complete notice. The properties within the Monticello-Thermo LMA are completely
owned by TXU Mining Company, LP or leased for a period of time for mining
purposes as evidenced by warranty deeds and leases filed with the Texas Railroad
Commission and in the Deed Records of Hopkins County, Texas. The Commission
will review the application as submitted by the applicant(s) and may or may
not grant the application as requested. The application was received on July
6, 2005. Additional information and fees were received on December 20, 2005
and February 9, 2006. The application was declared administratively complete
and filed with the Office of the Chief Clerk on February 27, 2006. Written
public comments and requests for a public meeting should be submitted to the
Office of Chief Clerk, at the address provided in the information section
below, within 30 days of the date of newspaper publication of the notice.
INFORMATION SECTION
A public meeting is intended for the taking of public comment, and is not
a contested case hearing.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement "[I/we] request a contested case hearing;" and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TCEQ Office of
the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información
en Español, puede llamar al 1-800-687-4040.
TRD-200602104
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 12, 2006
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on April 7, 2006,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Heart of Texas Investments, Inc. dba A&A Chevron
and Nabil Hakim; SOAH Docket No. 582-06-0663; TCEQ Docket No. 2005-1168-PST-E.
The commission will consider the Administrative Law Judge's Proposal for Decision
and Order regarding the enforcement action against Heart of Texas Investments,
Inc. dba A&A Chevron and Nabil Hakim on a date and time to be determined
by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate
35, Austin, Texas. This posting is Notice of Opportunity to Comment on the
Proposal for Decision and Order. The comment period will end 30 days from
date of this publication. Written public comments should be submitted to the
Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087.
If you have any questions or need assistance, please contact Paul Munguia,
Office of the Chief Clerk, (512) 239-3300.
TRD-200602106
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 12, 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 22, 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 22, 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: Clark Miller dba American Underground Utilities; DOCKET NUMBER:
2005- 2086-WQ-E; IDENTIFIER: Regulated Entity Reference Number (RN) RN104788906;
LOCATION: Brownwood, Brown County, Texas; TYPE OF FACILITY: construction site;
RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations
(CFR) §122.26(c), by failing to obtain authorization to discharge storm
water associated with construction activities; PENALTY: $840; ENFORCEMENT
COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(2) COMPANY: Bontke Brothers Construction Company; DOCKET NUMBER: 2006-0210-
WQ-E; IDENTIFIER: RN104867296; LOCATION: Abilene, Taylor County, Texas; TYPE
OF FACILITY: road construction; RULE VIOLATED: 30 TAC §281.25(a)(4) and
40 CFR §122.26(a)(1)(ii), by failing to obtain authorization to discharge
storm water associated with construction activities; PENALTY: $720; ENFORCEMENT
COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(3) COMPANY: BP Products North America Inc.; DOCKET NUMBER: 2005-0224-AIR-E;
IDENTIFIER: RN102535077; LOCATION: Texas City, Galveston County, Texas; TYPE
OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §§101.20(3),
111.111(a)(1)(C), and 116.115(b) and (c), Permit Numbers 8810/PSD-TX-402M2,
2609, 2612, and 18707, and THSC, §382.085(b), by failing to comply with
permitted emission limits; 30 TAC §101.211(c) and THSC, §382.085(b),
by failing to timely submit the final notification for a shutdown event; 30
TAC §101.201(a)(1)(B) and (2)(G) and (b)(8), and THSC, §382.085(b),
by failing to notify the TCEQ within 24 hours of an emissions event and by
failing to properly report an emissions event that occurred on February 8,
2003, and September 25, 2004; 30 TAC §122.142(a) and §122.143(4),
Federal Operating Permit (FOP) Number 01541, and THSC, §382.085(b), by
failing to perform an applicability determination and compliance review and
by failing to install monitoring equipment or obtain an alternate means of
compliance; and 30 TAC §122.145(2)(A), FOP Number O1541, and THSC, §382.085(b),
by failing to submit a complete semiannual deviation report; PENALTY: $336,556;
ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Covenant Health System; DOCKET NUMBER: 2006-0047-MSW-E; IDENTIFIER:
RN104795299; LOCATION: Levelland, Hockley County, Texas; TYPE OF FACILITY:
hospital; RULE VIOLATED: 30 TAC §330.5(a), by failing to prevent the
disposal of medical waste at a facility that was not authorized to dispose
of the waste; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Jaime Garza, (956)
425-6010; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520,
(806) 796-7092.
(5) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2006-0007-AIR-E;
IDENTIFIER: RN100542844; LOCATION: Beaumont, Jefferson County, Texas; TYPE
OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(c),
Air Permit Number 18838, and THSC, §382.085(b), by failing to prevent
unauthorized emissions; PENALTY: $6,640; ENFORCEMENT COORDINATOR: John Barry,
(409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(6) COMPANY: Fort Bend County Municipal Utility District Number 124; DOCKET
NUMBER: 2006-0101-MWD-E; IDENTIFIER: RN101390995; LOCATION: Houston, Harris
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
Texas Pollutant Discharge Elimination System (TPDES) Permit Number 14134001,
and the Code, §26.121(a), by failing to comply with the permitted effluent
limitations for ammonia nitrogen (NH3N); and 30 TAC §21.4 and the Code, §5.702,
by failing to pay outstanding consolidated water quality assessment fees;
PENALTY: $2,400; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(7) COMPANY: Overseas Enterprises, USA, Inc. dba Gateway Travel Plaza;
DOCKET NUMBER: 2005-2064-WQ-E; IDENTIFIER: RN101743730; LOCATION: Vidor, Orange
County, Texas; TYPE OF FACILITY: truck with convenience store, restaurant,
motel, and wastewater lift station; RULE VIOLATED: the Code, §26.121(a)(1),
by failing to prevent an unauthorized discharge of wastewater from a manhole
and lift station; the Code, §26.039(b), by failing to notify the TCEQ
of an accidental discharge; 30 TAC §317.3(b)(4)(A) and (e)(4)(C) and
(5), by failing to have a water tight wetwell, by failing to have a fence
with controlled access, and by failing to have a functional audio-visual high
level alarm on the lift station; PENALTY: $6,000; ENFORCEMENT COORDINATOR:
Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(8) COMPANY: Hermenegildo Bueno dba Paisano Truck Stop; DOCKET NUMBER:
2006- 0009-PST-E; IDENTIFIER: RN100809995; LOCATION: El Paso, El Paso County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d),
by failing to inspect the cathodic protection system; and 30 TAC §334.50(d)(1)(B)(ii)
and the Code, §26.3475(c)(1), by failing to conduct reconciliation of
detailed inventory control records; PENALTY: $4,080; ENFORCEMENT COORDINATOR:
Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 401 East Franklin Avenue,
Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(9) COMPANY: Rivero Restaurants, Inc.; DOCKET NUMBER: 2005-0862-PWS-E;
IDENTIFIER: RN102683240; LOCATION: San Angelo, Tom Green County, Texas; TYPE
OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i)
and (3)(A)(ii), and §290.122(c)(2)(B) and THSC, §341.033(d), by
failing to collect routine water samples for bacteriological analysis, by
failing to collect and submit repeat water samples of a total coliform positive
sample result, and by failing to post public notification; PENALTY: $1,605;
ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 622
South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(10) COMPANY: City of Rockdale; DOCKET NUMBER: 2006-0032-MLM-E; IDENTIFIER:
RN101190189 and RN101388288; LOCATION: Rockdale, Milam County, Texas; TYPE
OF FACILITY: public water supply and wastewater treatment; RULE VIOLATED:
30 TAC §290.44(h)(1)(A), by failing to install back flow prevention assemblies
or an air gap at all residences or establishments; and 30 TAC §305.125(1),
TPDES Permit Number 10658001, and the Code, §121.26(a), by failing to
prevent the discharge and accumulation of sludge in the receiving water; PENALTY:
$7,920; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(11) COMPANY: Edward Leiber and Janet Leiber dba Shady Oaks Mobile Home
Park; DOCKET NUMBER: 2006-0118-PWS-E; IDENTIFIER: RN102683109; LOCATION: Navasota,
Grimes County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.43(d)(9) and (e), by failing to obtain approval of the installation
of more than three pressure tanks and by failing to enclose pressure maintenance
facilities with an intruder-resistant fence; 30 TAC §290.45(b)(1)(E)(i)
and (ii) and THSC, §341.0315(c), by failing to provide a minimum well
capacity of one gallon per minute per connection and by failing to provide
a minimum pressure tank capacity of 50 gallons per connection with maximum
of 2,500 gallons; PENALTY: $462; ENFORCEMENT COORDINATOR: Sandy VanCleave,
(512) 239-0667; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(12) COMPANY: Tina Lee dba Village Grocery; DOCKET NUMBER: 2006-0344-PST-E;
IDENTIFIER: RN104426853; LOCATION: Point Comfort, Calhoun County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods;
PENALTY: $1,750; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468;
REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503,
(361) 825-3100.
(13) COMPANY: Robert Dwayne Wankan dba Wankan Distribution Services; DOCKET
NUMBER: 2006-0120-SLG-E; IDENTIFIER: RN104808852; LOCATION: Huntington, Angelina
County, Texas; TYPE OF FACILITY: sludge transportation business; RULE VIOLATED:
30 TAC §312.142(a), by failing to apply for and receive a registration
to transport sewage sludge or domestic septage; PENALTY: $600; ENFORCEMENT
COORDINATOR: Merrilee Hupp, (512) 239- 4490; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(14) COMPANY: We Are Crazy, Inc. dba Country Pantry 10; DOCKET NUMBER:
2005- 2019-PST-E; IDENTIFIER: RN102855947; LOCATION: Vidor, Orange County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing
to verify proper operation of the Stage II equipment; PENALTY: $2,140; ENFORCEMENT
COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(15) COMPANY: City of Willis; DOCKET NUMBER: 2006-0168-MWD-E; IDENTIFIER:
RN102075793; LOCATION: Willis, Montgomery County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES
Permit Number 10315001, and the Code, §26.121(a), by failing to comply
with the permitted effluent limits for NH3N and by failing to timely submit
the annual sludge discharge monitoring report; PENALTY: $1,452; ENFORCEMENT
COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200602087
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: April 11, 2006
Notice of Adopted Medicaid Provider Payment Rates
Adopted Rates. As the single state agency for the state Medicaid program,
the Texas Health and Human Services Commission (HHSC) has adopted new per
diem payment rates for the nursing facilities program operated by the Texas
Department of Aging and Disability Services (DADS). These payment rates are
based on the rates in effect December 31, 2005, plus an average 11.75 percent
increase, which reflects the availability of additional appropriated state
and federal funds for nursing facility services.
Payment rates are adopted to be effective January 1, 2006 as follows:
Rates by TILE (Texas Index for Level of Effort) class
Methodology and justification. The adopted rates in the chart above were
determined in accordance with the rate setting methodology at 1 TAC Chapter
355, subchapter C (relating to Reimbursement Methodology for Nursing Facilities), §355.307
(relating to Reimbursement Setting Methodology) and §355.308 (relating
to Direct Care Staff Rate Component). These rates were subsequently adjusted
in accordance with 1 TAC Chapter 355, subchapter A (relating to Cost Determination
Process), §355.101 (relating to Introduction) and §355.109 (relating
to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors
Affect Costs).
Facilities participating in the Enhanced Direct Care Staff Rate will receive
one of the following payment rates per day in addition to the above payment
rates based upon their level of enrollment in the Enhanced Direct Care Staff
Rate. Enrollment levels are indicated by the number of Licensed Vocational
Nurse (LVN)-equivalent minutes a facility is required to provide to avoid
recoupment of enhanced funds. LVN-equivalent minutes can be provided by Registered
Nurses (RNs), LVNs, Medication Aides and/or Certified Nurse Aides.
Add-on Rates by Enhancement Level
Methodology and justification. The adopted rates in the chart above were
determined in accordance with the rate setting methodology at 1 TAC Chapter
355, subchapter C (relating to Reimbursement Methodology for Nursing Facilities)
and §355.308 (relating to Direct Care Staff Rate Component). These rates
were subsequently adjusted in accordance with 1 TAC Chapter 355, subchapter
A (relating to Cost Determination Process), §355.101 (relating to Introduction)
and §355.109 (relating to Adjusting Reimbursement When New Legislation,
Regulations or Economic Factors Affect Costs). Facilities that verify liability
insurance coverage acceptable to HHSC will receive one of the following payment
rates per day in addition to the above payment rates based upon the type of
liability insurance coverage they maintain:
Payment Rates by Liability Insurance Coverage
Methodology and justification. The adopted rates in the chart above were
determined in accordance with the rate setting methodology at 1 TAC Chapter
355, subchapter C (relating to Reimbursement Methodology for Nursing Facilities), §355.307
(relating to Reimbursement Setting Methodology) and §355.312 (relating
to Reimbursement Setting Methodology - Liability Insurance Costs). These rates
were subsequently adjusted in accordance with 1 TAC Chapter 355, subchapter
A (relating to Cost Determination Process), §355.101 (relating to Introduction)
and §355.109 (relating to Adjusting Reimbursement When New Legislation,
Regulations or Economic Factors Affect Costs).
TRD-200602115
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: April 12, 2006
Announcement of a Public Comment Period on a Spanish Translation of the U.S. Department of Housing and Urban Development (HUD) Consolidated Planning Document Required to Provide Community Development Block Grant Hurricane Disaster Relief Assistance for the State of Texas
Aviso de Período de Comentario Público Sobre la Traducción
en Español de Los Documentos de Planificación Consolidados Requeridos
Por el Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos
(HUD) Para Proporcionar Asistencia de Alivio de Desastre de Huracán
en el Estado de Texas
Public comment on an English version of a U.S. Department of Housing and
Urban Development (HUD) Consolidated Planning Document Required to Provide
Community Development Block Grant Hurricane Disaster Relief Assistance for
the State of Texas was accepted from March 14, 2006 through March 30, 2006.
To offer an opportunity to comment on the plan to an even wider audience,
an additional comment period as described below is being provided for a Spanish
translation of the Plan.
El Departamento de Vivienda y Asuntos Comunitarios del Estado de Texas
(TDHCA) y La Oficina de Asuntos Comunitarios Rurales (ORCA) anuncian un periodo
de comentario público para el desarrollar de un Plan de Acción
del Estado de Texas para la Recuperación del Desastre del Huracán
Rita. Este plan se requiere para utilizar el financiamiento del Community
Development Block Grant (CDBG) de HUD asociado con el acto de las apropiaciones
2006 del Departamento de Defensa (Derecho Público 109-148, aprobado
el 30 de diciembre de 2005).
Este documento, El Plan de Acción del Estado de Texas para Donatarios
de la Recuperación de Desastre de CDBG bajo el Acto de las Apropiaciones
2006 del Departamento de Defensa--Borrador para Comentario Público,
se está haciendo disponible en español para alcanzar las poblaciones
con la habilidad de leer ingles limitada que pueden ser afectados por el plan.
El comentario público sobre la versión del plan en ingles
fue aceptado desde el 14 de marzo de 2006, asta el 30 de marzo de 2006. Comentario
público fue aceptado en la región afectada y en Austin a través
de cinco audiencias públicas. Las audiencias fueron llevadas a cabo
en Nacogdoches, Beaumont, Livingston, Austin, y Houston. Este período
de comentario público fue anunciado por correo en ambos inglés
y español y por los sitios de internet de TDHCA y de ORCA. Para ofrecer
la oportunidad de comentar a una audiencia más ancha con respecto al
plan, este período de comentario adicional se está proporcionando
para la traducción del plan en español. Este período
de comentario funcionará desde el 21 de abril de 2006 asta el 8 de
mayo de 2006.
La traducción del plan en español estará disponible
para revisión comenzando en sábado el 15 de abril de 2006. A
ese tiempo, el documento será fijado en los websites siguientes: www.tdhca.state.tx.us
y www.orca.state.tx.us. Copias imprimibles del documento estarán disponibles
por llamando al (512) 475-3976.
Comentario público será aceptado por correo, fax, o e-mail
por la dirección de abajo.
TDHCA
Division of Policy and Public Affairs
P.O Box 13941
Austin, Texas 78711-3941
Fax: (512) 469-9606
E-mail: info@tdhca.state.tx.us
Para mas informacion, por favor llame a TDHCA al (512) 475-3976.
TRD-200602120
William Dally
Acting Executive Director
Texas Department of Housing and Community Affairs
Filed: April 12, 2006
The Texas Department of Housing and Community Affairs (TDHCA) and the Office
of Rural Community Affairs (ORCA) announce a public comment period to develop
a Texas Action Plan for Hurricane Rita Disaster Recovery. This plan is required
to use HUD Community Development Block Grant funding associated with the Department
of Defense Appropriations Act, 2006 (Public Law 109-148, approved December
30, 2005).
This document, the
State of Texas Action Plan
for CDBG Disaster Recovery Grantees under the Department of Defense Appropriations
Act 2006--Draft for Public Comment
, is being made available in Vietnamese
to reach populations with limited English proficiency that may be affected
by the Plan.
Public comment on the English version of the Plan was accepted from March
14, 2006, through March 30, 2006. Public comment was accepted at five public
hearings held throughout the affected region and in Austin. Hearings were
held in Nacogdoches, Beaumont, Livingston, Austin, and Houston. This public
comment period was advertised in both English and Vietnamese via mailings
and the TDHCA and ORCA websites. To offer an opportunity to comment on the
plan to an even wider audience, this additional comment period is being provided
for a Vietnamese translation of the Plan. This comment period will run from
Friday, April 21, 2006, through Monday, May 8, 2006.
The Vietnamese translation of the plan will be available for review on
Friday, April 21, 2006 at the latest. At that time, the document will be posted
on the following websites: www.tdhca.state.tx.us and www.orca.state.tx.us.
Printed copies of the document will also be available upon request by calling
(512) 475-3976.
Public comment will be accepted by mail, fax, or e-mail to the address
below.
TDHCA
Division of Policy and Public Affairs
P.O Box 13941
Austin, Texas 78711-3941
Fax: (512) 469-9606
E-mail: info@tdhca.state.tx.us
For more information, please contact TDHCA at (512) 475-3976.
TRD-200602119
William Dally
Acting Executive Director
Texas Department of Housing and Community Affairs
Filed: April 12, 2006
Company Licensing
Application for incorporation to the State of Texas by FIDELIS SECURE CARE
OF TEXAS, INC., a domestic health maintenance organization. The home office
is in Austin, Texas.
Application to change the name of CHASE LIFE & ANNUITY COMPANY to PROTECTIVE
NATIONAL LIFE INSURANCE COMPANY, a foreign life, accident and/or health company.
The home office is in Newark, Delaware.
Application to change the name of CHASE INSURANCE LIFE COMPANY to PROTECTIVE
AMERICAN LIFE INSURANCE COMPANY, a foreign life, accident and/or health company.
The home office is in Elgin, Illinois.
Application to change the name of CHASE INSURANCE LIFE AND ANNUITY COMPANY
to PROTECTIVE AMERICAN LIFE AND ANNUITY INSURANCE COMPANY, a foreign life,
accident and/or health company. The home office is in Elgin, Illinois.
Application for incorporation to the State of Texas by CATASTROPHE REINSURANCE
COMPANY, a domestic fire and/or casualty company. The home office is in San
Antonio, Texas.
Application to change the name of AGENTS TITLE INSURANCE COMPANY, INC.
to ALLIANT NATIONAL TITLE INSURANCE COMPANY, INC. a foreign title company.
The home office is in Longmont, Colorado.
Application to change the name of ALLMERICA FINANCIAL LIFE INSURANCE AND
ANNUITY COMPANY to COMMONWEALTH LIFE INSURANCE AND ANNUITY COMPANY, a foreign
life, accident and/or health company. The home office is in Haddonfield, New
Jersey.
Application for incorporation to the State of Texas by ALAMO CASUALTY INSURANCE
COMPANY, a domestic fire and/or casualty company. The home office is in San
Antonio, Texas.
Application to change the name of FIREMAN’S FUND INSURANCE COMPANY
OF WISCONSIN to AXIS INSURANCE COMPANY, a foreign fire and/or casualty company.
The home office is in Chicago, 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-200602111
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 12, 2006
Instant Game Number 660 "$50,000 Golden Spin"
1.0 Name and Style of Game.
A. The name of Instant Game No. 660 is "$50,000 GOLDEN SPIN". The play
style is "key number match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 660 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 660.
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 red play symbols are: 1, 3, 5, 7, 9, 12, 14, 16, 18, 19, 21,
23, 25, 27, 30, 32, 34, 36 and "ANY RED NUMBER". The possible black play symbols
are: 2, 4, 6, 8, 10, 11, 13, 15, 17, 20, 22, 24, 26, 28, 29, 31, 33, 35, $1.00,
$2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $500, $1,000, $5,000,
$50,000, "ANY EVEN NUMBER", "ANY ODD NUMBER" and "ANY BLACK NUMBER".
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 $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100.00 or $500.
I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
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 (660), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 75 within
each pack. The format will be: 660-0000001-001.
L. Pack - A pack of "$50,000 GOLDEN SPIN" Instant Game tickets contains
075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one
(1). The packs will alternate. One will show the front of ticket 001 and back
of 075 while the other fold will show the back of ticket 001 and 075.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$50,000
GOLDEN SPIN" Instant Game No. 660 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 "$50,000
GOLDEN SPIN" Instant Game is determined once the latex on the ticket is scratched
off to expose 46 (forty-six) Play Symbols. Scratch to reveal YOUR BETS and
SPIN RESULTS play symbols. If a player matches one or more of YOUR BETS play
symbols to the SPIN RESULTS play symbols in the same SPIN the player wins
the prize shown for that SPIN. 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 46 (forty-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 46 (forty-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 46 (forty-six) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 46 (forty-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 more than one winner of $100 and higher per pack.
C. No duplicate YOUR BETS in any order on a ticket.
D. No duplicate SPIN RESULTS on a ticket.
E. No duplicate non-winning prize symbols on a ticket.
F. There will always be at least six red YOUR BETS play symbols on a ticket.
G. All tickets will have a maximum of two single YOUR BETS and a maximum
of three double YOUR BETS.
H. There will be a minimum of five red SPIN RESULTS play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "$50,000 GOLDEN SPIN" Instant Game prize of $5.00, $10.00,
$15.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back of the
ticket in the space designated on the ticket and present the winning ticket
to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the
claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$50,000 GOLDEN SPIN" Instant Game prize of $1,000, $5,000
or $50,000, 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 "$50,000 GOLDEN SPIN" 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 "$50,000 GOLDEN
SPIN" 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 "$50,000 GOLDEN SPIN" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000
tickets in the Instant Game No. 660. 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. 660 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. 660,
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-200602088
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 11, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 664 is "PAC-MAN". The play style is "key
number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 664 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 664.
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, CHERRIES SYMBOL, PAC-MAN SYMBOL, $1.00, $2.00,
$4.00, $5.00, $10.00, $20.00, $30.00, $50.00, $100, $1,000, $25,000 and ARCADE
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 $2.00, $4.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00 or $100.
I. High-Tier Prize - A prize of $1,000, ARCADE or $25,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (664), 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: 664-0000001-001.
L. Pack - A pack of "PAC-MAN" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets
001 and 002 will be on the top page; tickets 003 and 004 on the next page;
etc.; and tickets 249 and 250 will be on the last page. Please note the books
will be in 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 "PAC-MAN"
Instant Game No. 664 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 "PAC-MAN"
Instant Game is determined once the latex on the ticket is scratched off to
expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS
to either WINNING NUMBER, the player wins the prize shown for that number.
If a player reveals a CHERRY PLAY SYMBOL the player wins 10 TIMES the prize
shown. If a player reveals a PAC-MAN PLAY SYMBOL the player wins a PAC-MAN
COCKTAIL TABLE ARCADE GAME instantly. No portion of the display printing nor
any extraneous matter whatsoever shall be usable or playable as a part of
the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning prize symbols on a ticket.
C. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
D. No duplicate WINNING NUMBERS play symbols on a ticket.
E. The "cherry" play symbol will only appear as dictated by the prize structure
and only once on a ticket.
F. When the "cherry" play symbol appears, there will be no occurrence of
a YOUR NUMBER play symbol matching either Winning Number play symbol.
G. Non-winning prize symbols will never be the same as the winning prize
symbol(s).
H. No prize amount in a non-winning spot will correspond with the YOUR
NUMBER play symbol (i.e. 5 and $5).
I. The PAC-MAN play symbol will only appear as dictated by the prize structure
and only once on a ticket.
J. The PAC-MAN play symbol and ARCADE prize symbol will always appear together
and only as dictated by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "PAC-MAN" Instant Game prize of $2.00, $4.00, $5.00, $10.00,
$20.00, $50.00 or $100, a claimant shall sign the back of the ticket in the
space designated on the ticket and present the winning ticket to any Texas
Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if
valid, and upon presentation of proper identification, make payment of the
amount due the claimant and physically void the ticket; provided that the
Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00
or $100 ticket. In the event the Texas Lottery Retailer cannot verify the
claim, the Texas Lottery Retailer shall provide the claimant with a claim
form and instruct the claimant on how to file a claim with the Texas Lottery.
If the claim is validated by the Texas Lottery, a check shall be forwarded
to the claimant in the amount due. In the event the claim is not validated,
the claim shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described in Section
2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "PAC-MAN" Instant Game prize of $1,000, ARCADE or $25,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery’s Claim Centers. If the claim is validated by the Texas Lottery,
payment will be made to the bearer of the validated winning ticket for that
prize upon presentation of proper identification. When paying a prize of $600
or more, the Texas Lottery shall file the appropriate income reporting form
with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "PAC-MAN" 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 "PAC-MAN"
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 "PAC-MAN" Instant Game, the Texas Lottery shall deposit
the amount of the prize in a custodial bank account, with an adult member
of the minor's family or the minor's guardian serving as custodian for the
minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000
tickets in the Instant Game No. 664. 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. 664 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. 664,
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-200602110
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 12, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 724 is "DIAMOND DAZZLER 3X". The play style
is "key symbol match with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 724 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 724.
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: SEVEN SYMBOL, CLOVER SYMBOL, HORSE SHOE
SYMBOL, LEMON SYMBOL, BANANA SYMBOL, POT OF GOLD SYMBOL, MELON SYMBOL, CHERRY
SYMBOL, APPLE SYMBOL, GRAPE SYMBOL, BELL SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL,
BAG OF MONEY SYMBOL, COIN SYMBOL, STACK OF BILLS SYMBOL, BAR SYMBOL, BOOT
SYMBOL, SADDLE SYMBOL, HAT SYMBOL, SPUR SYMBOL, HORSE SYMBOL, $1.00, $2.00,
$4.00, $5.00, $10.00, $15.00, $25.00, $50.00, $100, $500, $7,500 and $75,000.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
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 $5.00, $10.00 or $15.00.
H. Mid-Tier Prize - A prize of $25.00, $50.00, $100, $150 or $500.
I. High-Tier Prize - A prize of $7,500 or $75,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (724), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 075 within
each pack. The format will be: 724-0000001-001.
L. Pack - A pack of "DIAMOND DAZZLER 3X" Instant Game tickets contains
075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one
(1). The packs will alternate. One will show the front of ticket 001 and back
of 075 while the other fold will show the back of ticket 001 and front of
075. Please note the books will be in a A - B configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "DIAMOND
DAZZLER 3X" Instant Game No. 724 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 "DIAMOND
DAZZLER 3X" Instant Game is determined once the latex on the ticket is scratched
off to expose 80 (eighty) Play Symbols. If a player reveals 3 matching play
symbols within a game, the player wins the prize shown for that game. If a
player reveals one (1) diamond play symbol, the player wins the prize shown
for that game. If a player reveals two (2) diamond play symbols, the player
wins double the prize shown for that game. If a player reveals three (3) diamond
play symbols, the player wins triple the prize shown for that game. No portion
of the display printing nor any extraneous matter whatsoever shall be usable
or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 80 (eighty) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 80 (eighty)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 80 (eighty) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures;
17. Each of the 80 (eighty) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning games on a ticket.
C. No more than 4 like non-winning prize symbols on a ticket.
D. No occurrence of 3 matching play symbols in a vertical column.
E. When the diamond symbol appears, there will be no other duplicate play
symbols within that game (except for another diamond(s) as dictated by the
prize structure).
F. Non-winning prize symbols will not match a winning prize symbol.
G. Two and three diamond symbols within a game will only appear as dictated
by the prize structure.
H. No three like adjacent non-winning play symbols will appear in two adjacent
games.
2.3 Procedure for Claiming Prizes.
A. To claim a "DIAMOND DAZZLER 3X" Instant Game prize of $5.00, $10.00,
$15.00, $25.00, $50.00, $100, $150 or $500, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $25.00, $50.00, $100, $150 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 "DIAMOND DAZZLER 3X" Instant Game prize of $7,500 or $75,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery’s Claim Centers. If the claim is validated by the Texas Lottery,
payment will be made to the bearer of the validated winning ticket for that
prize upon presentation of proper identification. When paying a prize of $600
or more, the Texas Lottery shall file the appropriate income reporting form
with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "DIAMOND DAZZLER 3X" 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 "DIAMOND DAZZLER
3X" 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 "DIAMOND DAZZLER 3X" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000
tickets in the Instant Game No. 724. 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. 724 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. 724,
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-200602040
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 6, 2006
Public Notice
Acceptance of Surface and Mineral Rights
Brown County
On May 25, 2006, the Texas Parks and Wildlife Commission (the Commission)
will consider the proposed acceptance of mineral rights associated with 1,972.50
acres in Brown County donated to the Texas Parks and Wildlife Department (TPWD)
in 2000. The property will eventually be managed as the McGillivray and Leona
McKie Muse Wildlife Management Area by TPWD Wildlife Division staff and will
be open to the public. The meeting will start at 9:00 a.m. at 4200 Smith School
Road, Austin, Texas. Public comment may be submitted to Jack Bauer, Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744,
by email at jack.bauer@tpwd.state.tx.us, or in person at the time of the meeting.
TRD-200602107
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: April 12, 2006
Purchase of Inholding Tract
Big Bend Ranch State Park
Presidio County
On May 25, 2006, the Texas Parks and Wildlife Commission (the Commission)
will consider the purchase of a 40-acre inholding tract at Big Bend Ranch
State Park in Presidio County. The tract is located in the southwestern part
of the park and will eventually be part of a trail network to improve public
access. The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin,
Texas. Public comment may be submitted to Jack Bauer, Texas Parks and Wildlife
Department, 4200 Smith School Road, Austin, Texas 78744, by email at jack.bauer@tpwd.state.tx.us,
or in person at the time of the meeting.
TRD-200602108
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: April 12, 2006
Sale of Land
Garner State Park
Uvalde County
On May 25, 2006, the Texas Parks and Wildlife Commission (the Commission)
will consider the sale of 1.27 acres at Garner State Park in Uvalde County.
The proposed sale will be to an adjacent landowner who currently owns property
on two sides of the 1.27 acres. The 1.27-acre tract is not being used as part
of Garner State Park. The sales price would be the appraised value of $14,250.
The 1.27 acres also will be subject to a conservation easement that will prevent
an incompatible use of the property. In addition, as part of the transaction,
the buyer would donate a conservation easement on five acres currently owned
by the buyer that includes 500 feet of riverfront property on the east side
of the Frio River, across the river from Garner State Park property. The conservation
easement would prohibit incompatible use of the property. The Commission meeting
will start at 9:00 a.m. at 4200 Smith School Road, Austin, Texas. Public comment
may be submitted to Corky Kuhlman, Texas Parks and Wildlife Department, 4200
Smith School Road, Austin, Texas 78744, by email at corky.kuhlman@tpwd.state.tx.us,
or in person at the time of the meeting.
TRD-200602109
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: April 12, 2006
Announcement of Application for State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas (commission) received an application
on April 5, 2006, for a state-issued certificate of franchise authority (CFA),
pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act
(PURA). A summary of the application follows.
Project Title and Number: Application of Universal Cable Holdings, Inc.,
d/b/a Cebridge Connections for a State-Issued Certificate of Franchise Authority,
Project Number 32590 before the Public Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service area
footprint is Sundown, 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 32590.
TRD-200602065
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 10, 2006
The Public Utility Commission of Texas received an application on April
6, 2006, for a state-issued certificate of franchise authority (CFA), pursuant
to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
A summary of the application follows.
Project Title and Number: Application of Rapid Acquisition Company, LLC
for a State-Issued Certificate of Franchise Authority, Project Number 32595
before the Public Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service area
includes the City Limits of Beasley, Bovina, Claude, Clifton, Crosbyton, Crowell,
Eden, Eldorado, Flatonia, Freeport, Goodrich, Hale Center, Happy, Hedley,
Karnes City, Kendleton, Kenedy, Kress, Lockney, Lorenzo, Meadow, Muleshoe,
Murchison, New Deal, O’Brien, Orchard, Oyster Creek, Plains, Ralls,
Rocksprings, Ropesville, Runge, Saint Jo, Shallowater, Smyer, Stratford, Surfside
Beach, Vernon, Waco Bay, Wolfforth, and Yorktown within the state 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 32595.
TRD-200602102
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 11, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on April 7, 2006, for a certificate of
convenience and necessity for a proposed transmission line in Wood County,
Texas.
Docket Style and Number: Application of Wood County Electric Cooperative,
Inc. for a Certificate of Convenience and Necessity (CCN) for a Proposed Transmission
Line in Wood County, Texas. Docket Number 32070.
The Application: The project is designated the Sand Springs 138-kV Transmission
Line Project and associated Sand Springs Substation. The proposed project
is needed to address reliability concerns to ensure that reliable electric
service is maintained to all customers at an acceptable level, and to deter
future low voltage issues. The proposed miles of right-of-way for this project
is 1.80; the right-of-way width for this project will be approximately 100
feet. The estimated cost for the project is $934,110.78 for the transmission
facilities and $1,931,000.00 for the substation facilities.
Persons wishing to intervene or 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.
The deadline for intervention in this proceeding is May 22, 2006. 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 32070.
TRD-200602101
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 11, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on April 3, 2006, for an amendment
to certificated service area boundaries within Cameron County, Texas.
Docket Style and Number: Application of the Brownsville Public Utilities
Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service
Area Boundaries within Cameron County (Los Camperos Restaurant). Docket Number
32583.
The Application: The application encompasses an area of land which is singly
certificated to American Electric Power Company (AEP), formerly known as Central
Power & Light (CP&L), and is within the corporate limits of the City
of Brownsville. BPUB received a letter request from Arturo Martinez requesting
BPUB to provide electric utility service to 5.418 acres of land. The estimated
cost to BPUB to provide service to this proposed area is $1,195.11. The area
is presently undeveloped. If the application is granted, the area would be
dually certificated for electric service.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas no later than April 28, 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 32583.
TRD-200602050
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 7, 2006
Notice is given to the public of the filing on April 10, 2006, with the
Public Utility Commission of Texas (Commission), a notice of intent to file
a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.
The Applicant will file the LRIC study on or after April 20, 2006.
Docket Title and Number: Application of Verizon Southwest for Approval
of LRIC Study for FlexGrow Trunk Service--2 Year Term Pursuant to P.U.C. Substantive
Rule §26.215, Docket Number 32603.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 32603. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments
should reference Docket Number 32603.
TRD-200602117
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 12, 2006
Notice of Consultant Contract Amendment
Stephen F. Austin State University, Nacogdoches, Texas, has amended a contract
for web shell coordinating and programming services for the University Web
site redesign with The Kerry Company, 1101 30th Street NW, Washington, DC
20007. The Notice of Award for the original contract was filed in the September
2, 2005, issue of the
Texas Register
(30 TexReg
5448). The contract amendment was signed on February 17, 2006, for the amount
of $10,000.
No documents, films, recording, or reports of intangible results will
be required to be presented by the outside consultant.
For further information, please call (936) 468-4101.
TRD-200602045
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: April 7, 2006
Post-Award Publication
The Texas A&M University System Health Science Center (A&M System
Health Science Center) requested proposals from qualified firms for general
consulting services to assist the HSC administration in the development of
a faculty practice plan, including, but not limited to, the development of
the plan’s mission and scope, governance and administrative structure,
billing and collections, funds flow and compensation, and regulatory compliance.
The BARD Group, LLC, with its principle office at 246 Walnut Street, Suite
302, Newton, MA was awarded the project for $57,750. The beginning date of
the contract is March 31, 2006 and will ensue until the project is completed.
TRD-200602049
Keely Dunn
Senior Management Analyst
Texas A&M University System Health Science Center
Filed: April 7, 2006
Consultant Contract Award
In compliance with the provisions of Chapter 2254, Subchapter B, Texas
Government Code, The Texas A&M University System furnishes this notice
of consultant contract awards. The consultant will provide guidance in the
development of information technology strategic plans and implementation alternatives
for The Texas A&M University System. A notice for request for proposals
was filed in the December 30, 2005, issue of the
Texas Register
(30 TexReg 9074).
The contract was awarded to Kenneth D. Theut, 20111 Chasestone Court, Katy,
Texas, 77450. The contract amount will not exceed $100,000. The contract term
is until completion, but not later than August 31, 2007.
Each proposal was evaluated on the ability to meet the system’s requirements
and to provide the best value to the system and included competency, demonstrated
ability to deliver, and consulting rates Proposals were received on or before
2:00 p.m., January 13, 2006.
TRD-200602103
Vickie Burt Spillers
Executive Secretary to the Board
Texas A& M University, Board of Regents
Filed: April 12, 2006
Austin-San Antonio Intermunicipal Commuter Rail District
Brazos Valley Council of Governments
Coastal Coordination Council
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Texas Commission on Environmental Quality
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Rights Application
Proposal for Decision
Proposed Enforcement Orders
Texas Health and Human Services Commission
Texas Department of Housing and Community Affairs
Announcement of a Public Comment Period on a Vietnamese Translation of the U.S. Department of Housing and Urban Development (HUD) Consolidated Planning Document Required to Provide Community Development Block Grant Hurricane Disaster Relief Assistance for the State of Texas
Texas Department of Insurance
Texas Lottery Commission
Instant Game Number 664 "Pac-Man"
Instant Game Number 724 "Diamond Dazzler 3x"
Texas Parks and Wildlife Department
Public Notice
Public Notice
Public Utility Commission of Texas
Announcement of Application for State-Issued Certificate of Franchise Authority
Notice of Application for a Certificate of Convenience and Necessity for a Proposed Transmission Line in Wood County, Texas
Notice of Application to Amend Certificated Service Area Boundaries
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.215
Stephen F. Austin State University
Texas A&M University System Health Science Center
Texas A&M University, Board of Regents
WorkSource of the South Plains