Department of Aging and Disability Services
The Department of Aging and Disability Services (DADS) is in the process of preparing the agency's State Plan on Aging for submission to the Administration on Aging for state Fiscal Years 2008 - 2010. DADS will hold a public hearing to gather testimony regarding items to be included in the plan. Subjects currently covered by the plan include:
(1) Family caregiver support,
(2) Aging and Disability Resource Centers,
(3) Employment,
(4) Financial preparedness and financial literacy,
(5) Emergency preparedness,
(6) Elder abuse and elder justice,
(7) Transportation for older persons,
(8) Choices for Independence for older persons,
(9) Housing,
(10) Geriatric medical care, and
(11) Community supports for older persons.
The hearing will be held at 10:00 a.m. on April 27, 2007, at the Brown-Heatly Building, 4900 N Lamar, Room 1420, Austin, Travis County, Texas 78751.
Questions and requests for additional information may be directed to LaCrecia Stevens, Department of Aging and Disability Services, P.O. Box 149030, M.C. W235, Austin, Texas 78714, (512) 438-5634, LaCrecia.Stevens@dads.state.tx.us.
Persons who are unable to attend the hearing may submit their views in writing by 5:00 p.m. April 27, 2007. Persons requiring an interpreter for the deaf or hearing impaired should contact LaCrecia Stevens, at least 72 hours prior to the hearing at (512) 438-5634 or TDD (512) 424-3250.
TRD-200701288
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Filed: April 4, 2007
The Texas Building and Procurement Commission (TBPC), on behalf of the Department of Assistive and Rehabilitative Services (DARS), announces the issuance of Request for Proposals (RFP) #303-7-11451. TBPC seeks a five (5) year lease of approximately 4,711 square feet of office space in San Antonio, Bexar County, Texas.
The deadline for questions is April 16, 2007 and the deadline for proposals is April 27, 2007 at 3:00 p.m. The award date is May 15, 2007. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/bid_show.cfm?bidid=69911.
TRD-200701247
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: March 30, 2007
The Texas Building and Procurement Commission (TBPC), on behalf of the Texas Parks and Wildlife Department (TPWD), announces the issuance of Request for Proposals (RFP) #303-7-11459. TBPC seeks a five (5) year lease of approximately 13,625 square feet of office/shop/secured fenced yard area space in San Marcos, Hays County, Texas.
The deadline for questions is April 9, 2007 and the deadline for proposals is April 20, 2007 at 3:00 p.m. The award date is May 1, 2007. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/bid_show.cfm?bidid=69912.
TRD-200701248
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: March 30, 2007
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 23, 2007, through March 29, 2007. 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 4, 2007. The public comment period for these projects will close at 5:00 p.m. on May 4, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: Sabco Operating Company; Location: The project is located in Corpus Christi Bay, in State Tract (ST) 49, approximately 6 miles southeast of downtown Corpus Christi, in Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Portland, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 668938; Northing: 3071562. Project Description: The applicant proposes to retain and add on to an existing production platform in ST 49. The existing platform was constructed in the 1960's by another company and the structure measures 32 feet in width by 105 feet in length. The applicant proposes to construct an additional pile supported platform for additional equipment which would be located adjacent to the existing platform. The proposed structure would be 45 feet wide by 60 feet long, and connect to the existing structure by a 4-foot-long walkway. Water depth at the proposed project site is approximately -20 feet mean low water. CCC Project No.: 07-0143-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-209 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Helix Energy Solutions; Location: The project is located on the east side of the La Quinta Channel between Oxy-Chemical and Kiewitt Offshore Services, Ltd., in Ingleside, San Patricio County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: Port Ingleside, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 673250; Northing: 3083500. Project Description: The applicant proposes to construct a pipe fabrication and load-out facility. The work would require hydraulic dredging of a 400-foot by 300-foot portion (8.1 acres) of a 1,100- by 300-foot vessel slip and its approach area (11.0 acres) to a depth of -30 feet MLT, and an additional 2 feet of overdredge for maintenance. Two ditches would be constructed along the northern and southern property boundaries to provide stormwater drainage from uplands and outfall into the bay. The northern drainage ditch would extend through the proposed slope protection for the shoreline, through coastal sand flats, and outfall approximately 100 feet waterward of the toe of the slope. A total of 555,467 cubic yards of material would be excavated to construct the facility and approximately 339,467 cubic yards of this material would be removed from waters of the United States. All excavated material would be placed into a bermed disposal area located on a 45-acre upland immediately adjacent to the project site. Steel sheet pile would be used to bulkhead the vessel slip area. Slope protection would be placed around the perimeter of the sheet pile at its base and extend 20 feet outward. Approximately 18,400 cubic yards of optional slope protection may be placed into jurisdictional waters on the northern and southern slopes of the vessel slip approach and would extend 300 feet from the steel sheet-pile bulkhead towards La Quinta Channel. Approximately 2.6 acres of jurisdictional waters of the U.S. would be permanently filled to install the slope protection. Optional slope protection may also be placed along the existing bluff located both north and south of the steel sheet pile bulkhead. Slope protection would be comprised of 17,200 cubic yards of stone-filled marine mattresses placed for erosion protection and 1,200 cubic yards of backfill material. Approximately 0.05 acre along the southern bluff would be backfilled in order to install the slope protection at this location. Four 15- by 15-foot mooring structures with associated catwalks measuring 3.5 feet by 3.58 feet by 172.5 feet would be placed on opposite sides of the vessel slip approach where it opens into the vessel slip area. The structures would be constructed of steel pipe piles with polyethylene jackets. The project as proposed would permanently impact 2.6 acres of unvegetated coastal sand flat, 0.3 acre of saltmarsh, and 0.8 acre of seagrass. The remaining 4.4 acres that would be impacted are open water, of which, 1.6 acres are shallow water (0-6 feet) habitat. As mitigation for these impacts, the applicant proposes to fund the creation of 5.0 acres of coastal marsh complex offsite. CCC Project No.: 07-0144-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-201 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: Robert W. Sanders; Location: The project is located between Stella Street and the Gulf Intracoastal Waterway next to Froggie's Bait Dock at the Public Boat Ramp in Port O'Connor, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port O'Connor, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 751424; Northing: 3147527. Project Description: The applicant proposes to install 100 linear feet of concrete bulkhead and backfill. Additionally the applicant is proposing to place approximately 135 square feet of proposed fill between the bulkhead and shoreline at one location and excavate approximately 156 square feet of material in another area to square up the bulkhead. The applicant also proposes to construct a 5-foot-wide by 63.5-foot-long pier with 3-foot by 30-foot finger piers to form five boat slips. CCC Project No.: 07-0147-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-250 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).
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, Consistency Review Coordinator, 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-200701276
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: April 2, 2007
The Concho Valley Workforce Development Board will be releasing in May 2007 a Request for Proposal (RFP) for Workforce and Child Care Services to include: WIA, TANF/Choices, Project Rio, FS E&T, Wagner Peyser, TAA, direct child care, and quality initiatives for a contract scheduled to begin October 1, 2007. The proposals will be due mid-June.
We are seeking an individual to write the scoring instrument to be used based on the RFP (with board approval), evaluate and score whatever proposals received, as well as conduct a pre-award survey to include program and financial performance and assist with contract negotiations. We would like to know if you are interested in providing all of these services, with provisions as follows:
a. The individual evaluation contractor must provide a minimum of three evaluators qualified by education and/or experience to independently review and score contract proposals to provide workforce and child care services for the Concho Valley.
b. The individual evaluation contractor must be able to assemble his or her evaluation team here in San Angelo in July to discuss proposals, finalize the scoring, and brief the board staff.
c. The individual evaluation contractor should respond with four individual quotes: (1) a quotation for total cost per RFP, to include any salaries, travel expenses, lodging, meals, and incidental expenses to be incurred. (We need only the total cost of the service per RFP, not a per-item breakdown), (2) a quotation for writing the scoring instrument; (3) a quotation for the pre-award survey, and (4) a quotation for the contract negotiations.
We will furnish sufficient copies of the RFP to the individual evaluation contractor at the same time it is released to the public to allow the evaluation team to become familiar with the proposal requirements and begin the process of writing the scoring instrument.
Once the proposals are determined to be responsive, the copies will be mailed to the evaluation team so that scoring may begin.
Selection of the individual evaluation contractor will be based upon professional experience. Interested parties should submit a resume with a letter of application and quotes to:
Concho Valley Workforce Development Board
ATTENTION: REQUEST FOR QUALIFICATIONS (WF/CC)
36 E. Twohig, Ste 805
San Angelo, TX 76903
Telephone: (325) 655-2005
Please respond by 5:00 p.m. CDST, April 30, 2007.
TRD-200701205
Johnny Griffin
Executive Director
Concho Valley Workforce Development Board
Filed: March 28, 2007
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, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/09/07 - 04/15/07 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/09/07 - 04/15/07 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-200701280
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 3, 2007
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. 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 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 14, 2007. 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 indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission’s jurisdiction or 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 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
(1) COMPANY: Affiliated Crown Developments, LTD.; DOCKET NUMBER: 2007-0215-WR-E;
IDENTIFIER: RN101971125; LOCATION: Montgomery County, Texas; TYPE OF FACILITY:
subdivision; RULE VIOLATED: 30 Texas Administrative Code (TAC) §297.11
and the Code, §11.121, by failing to obtain rights to divert, store,
impound, take or use water at the site from an unnamed tributary; PENALTY:
$2,235; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: City of Bonham; DOCKET NUMBER: 2006-1044-MWD-E; IDENTIFIER:
RN101919850; LOCATION: Bonham, Fannin County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge
Elimination System (TPDES) Permit Number 10070001, Effluent Limitations and
Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing
to comply with its permitted effluent limits; PENALTY: $3,925; ENFORCEMENT
COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: C&R Water Supply Inc.; DOCKET NUMBER: 2007-0035-MWD-E;
IDENTIFIER: RN102341377; LOCATION: Montgomery County, Texas; TYPE OF FACILITY:
wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1) and (17),
TPDES Permit Number 13766001, Final Effluent Limitations and Monitoring Requirements
Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with
the permitted effluent limitations and by failing to timely submit self-reported
discharge monitoring results; PENALTY: $16,896; ENFORCEMENT COORDINATOR: Lynley
Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Capital City-Bee Caves, Ltd.; DOCKET NUMBER: 2006-2065-EAQ-E;
IDENTIFIER: RN105079842; LOCATION: Travis County, Texas; TYPE OF FACILITY:
construction; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain
approval of an Edwards Aquifer Contributing Zone Plan; PENALTY: $31,500; ENFORCEMENT
COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 2800 South
IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(5) COMPANY: City of Cleveland; DOCKET NUMBER: 2007-0036-MWD-E; IDENTIFIER:
RN101613735; LOCATION: Liberty County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES Permit Number
10766002, Effluent Limitations and Monitoring Requirements Number 1 and Sludge
Provisions, and the Code, §26.121(a), by failing to comply with the permitted
effluent limitations for ammonia nitrogen and by failing to submit the annual
sludge report; PENALTY: $5,200; Supplemental Environmental Project offset
amount of $4,160 applied to Texas Association of Resource Conservation and
Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT
COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: City of College Station; DOCKET NUMBER: 2006-2189-MWD-E; IDENTIFIER:
RN101608362; LOCATION: Brazos County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010024006,
Permit Conditions Number 2.g., and the Code, §26.121(a)(1), by failing
to prevent the unauthorized discharge of wastewater into or adjacent to waters
in the state; PENALTY: $4,700; Supplemental Environmental Project offset amount
of $3,760 applied to Texas Association of Resource Conservation and Development
Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR:
Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 6801 Sanger Avenue, Suite
2500, Waco, Texas 76710-7826, (254) 751-0335.
(7) COMPANY: Delta Brands, Inc.; DOCKET NUMBER: 2007-0024-AIR-E; IDENTIFIER:
RN100543313; LOCATION: Irving, Dallas County, Texas; TYPE OF FACILITY: manufacturing
plant for flat rolled metal processing machines and other manufacturing equipment;
RULE VIOLATED: 30 TAC §116.110(a) and Texas Health & Safety Code
(THSC), §382.085(b) and §382.0518(a), by failing to obtain permits
or to satisfy the conditions of a permit by rule prior to operating an outdoor
sandblasting facility and prior to performing surface coating activities;
PENALTY: $8,400; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Farmers Milling Company of Graham, Inc.; DOCKET NUMBER: 2006-2061-AIR-E;
IDENTIFIER: RN102208196; LOCATION: Graham, Young County, Texas; TYPE OF FACILITY:
grain and feed mill; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.085(b)
and §382.0518(a), by failing to renew Air Permit Number 3550 and continued
to operate after the permit expired; PENALTY: $16,000; ENFORCEMENT COORDINATOR:
Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene,
Texas 79602-7833, (915) 698-9674.
(9) COMPANY: Flint Hills Resources, LP; DOCKET NUMBER: 2007-0029-AIR-E;
IDENTIFIER: RN100235266; LOCATION: Corpus Christi, Nueces County, Texas; TYPE
OF FACILITY: crude oil refinery; RULE VIOLATED: 30 TAC §101.20(3) and
§116.715(a), Permit Number 8803A/PSD-TX-413M8, Special Condition Number
1, and THSC, §382.085(b), by failing to prevent unauthorized emissions;
PENALTY: $3,425; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL
OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(10) COMPANY: Ahmad B. Goushey; DOCKET NUMBER: 2006-1958-PST-E; IDENTIFIER:
RN102224888; LOCATION: McKinney, Collin County, Texas; TYPE OF FACILITY: property
with underground storage tanks; RULE VIOLATED: 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to ensure that all underground
storage tanks (USTs) are monitored in a manner which will detect a release;
30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide
proper release detection; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a),
by failing to test the line leak detectors; 30 TAC §334.49(c)(2)(C) and
the Code, §26.3475(d), by failing to inspect the impressed current cathodic
protection system; 30 TAC §334.49(c)(4) and the Code, §26.3475(d),
by failing to have the cathodic protection system inspected and tested for
operability and adequacy of protection; 30 TAC §37.815(a) and (b), by
failing to demonstrate acceptable financial assurance; 30 TAC §334.48(c),
by failing to conduct effective manual or automatic inventory control procedures
for all USTs; 30 TAC §115.245(2) and THSC, §382.085(b), by failing
to verify proper operation of the Stage II equipment; and 30 TAC §115.242(3)
and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery
system; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Hidalgo County; DOCKET NUMBER: 2006-1682-MSW-E; IDENTIFIER:
RN102003597; LOCATION: Penãitas, Hidalgo County, Texas; TYPE OF FACILITY:
municipal solid waste landfill; RULE VIOLATED: 30 TAC §330.121(a) and
Permit Number 1727AE Section 1.15 (Addendum to SOP-April 2004), by failing
to control windblown waste; 30 TAC §330.121(a) and Permit Number 1727AE
Sections 1.12 (Addendum to SOP-April 2004) and 1.13 (Tire Storage and Processing
Facility Operating Plan 3.0), by failing to prevent the improper stacking
of tires and process brush from the landfill’s brush pile; 30 TAC §330.133(b),
by failing to prevent the disposal of waste in an unauthorized area; 30 TAC
§330.131 and Permit Number 1717AE Section 1.3, by failing to provide
adequate access control; 30 TAC §330.143(a) and (b)(2), by failing to
provide site boundary markers; 30 TAC §330.121(a) and Permit Number 1727AE
Section 1.8.1, by failing to confine the unloading of solid waste to as small
an area as practical; 30 TAC §330.153(a) and (b) and Permit Number 1727AE
Section 1.6, by failing to provide all-weather roads within the facility and
provide a water source and necessary equipment or other means of dust control;
30 TAC §330.129, by failing to maintain a source of earthen material
to extinguish fires and sized to cover any waste received for disposal not
covered with six inches of earthen material; 30 TAC §330.165(a) and Permit
Number 1727AE Section 1.8.1, by failing to apply six inches of well-compacted
earthen material at the end of each operating day; 30 TAC §330.165(g),
by failing to maintain and repair the intermediate cover after erosion caused
by run-off; 30 TAC §330.167, by failing to prevent the ponding of water
in the active portion of the landfill; and 30 TAC §330.121(a) and Permit
Number 1727AE Section 2.3.8 (Final Cover Quality Control Plan), by failing
to cut back the old infiltration layer in one-foot off-set layers (stair step);
PENALTY: $12,200; Supplemental Environmental Project (SEP) offset amount of
$12,200 applied to The Rensselaerville Institute - "Self-Help Rio Grande";
ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 1804
West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(12) COMPANY: Hi Five Auto Care, Inc.; DOCKET NUMBER: 2006-1938-PST-E;
IDENTIFIER: RN102453685; LOCATION: Richardson, Dallas County, Texas; TYPE
OF FACILITY: oil changing; RULE VIOLATED: 30 TAC §334.50(b)(2) and the
Code, §26.3475(a), by failing to conduct proper release detection; PENALTY:
$2,250; ENFORCEMENT COORDINATOR: Patricia Chawla, (512) 239-0739; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: City of Junction; DOCKET NUMBER: 2006-1802-MWD-E; IDENTIFIER:
RN101920288; LOCATION: Junction, Kimble County, Texas; TYPE OF FACILITY: lift
station; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10199001,
Permit Conditions Number 2.g., and the Code, §26.121(a), by failing to
prevent an unauthorized discharge of approximately 1,000 gallons of raw sewage;
and 30 TAC §317.3(e)(5), by failing to provide an operational audiovisual
alarm at the lift station; PENALTY: $11,550; Supplemental Environmental Project
(SEP) offset amount of $9,240 applied to hold two citywide collection events
in which citizens may bring in tires, electronics, household hazardous waste,
and large municipal solid waste for disposal; ENFORCEMENT COORDINATOR: Amy
Martin, (512) 239-2540; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo,
Texas 76903-7013, (915) 655-9479.
(14) COMPANY: City of Killeen; DOCKET NUMBER: 2006-1756-WQ-E; IDENTIFIER:
RN103174306; LOCATION: Killeen, Bell County, Texas; TYPE OF FACILITY: wastewater
collection system; RULE VIOLATED: the Code, §26.121(a), by failing to
prevent the unauthorized discharge of raw wastewater which resulted in a fish
kill; and 30 TAC §319.302(b) and (c) and the Code, §26.039(e), by
failing to notify the news media of a spill; the Code, §26.039(b), by
failing to provide complete noncompliance notification information no later
than 24 hours after the spill; PENALTY: $4,880; Supplemental Environmental
Project (SEP) offset amount of $4,880 applied to one-day city-wide waste collection
and recycling event and a waste tire dump clean up event; ENFORCEMENT COORDINATOR:
Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500,
Waco, Texas 76710-7826, (254) 751-0335.
(15) COMPANY: KM Liquids Terminals, L.P.; DOCKET NUMBER: 2007-0072-AIR-E;
IDENTIFIER: RN100224815; LOCATION: Pasadena, Harris County, Texas; TYPE OF
FACILITY: petroleum products storage terminal; RULE VIOLATED: 30 TAC §116.115(c),
Air Permit Number 5171, Special Condition Number 1, and THSC, §382.085(b),
by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B)
and THSC, §382.085(b), by failing to submit an initial notification for
the September 30, 2006 emissions event; PENALTY: $5,814; ENFORCEMENT COORDINATOR:
Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: Guillermo Fajardo dba Michael’s Scrap Metal No. 2;
DOCKET NUMBER: 2006-1966-WQ-E; IDENTIFIER: RN102975315; LOCATION: Houston,
Harris County, Texas; TYPE OF FACILITY: scrap metal recycling; RULE VIOLATED:
30 TAC §281.25(a)(4) and 40 CFR §122.26(a), by failing to obtain
authorization to discharge storm water associated with industrial activity;
PENALTY: $2,100; ENFORCEMENT COORDINATOR: Heather Brister, (512) 239-1203;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(17) COMPANY: Pasadena Refining System, Inc.; DOCKET NUMBER: 2006-2193-AIR-E;
IDENTIFIER: RN100716661; LOCATION: Pasadena, Harris County, Texas; TYPE OF
FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c), TCEQ
Air Permit Number 20246, Special Condition Number 1, and THSC, §382.085(b),
by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B)
and THSC, §382.085(b), by failing to submit an initial notification of
an emissions event within the 24-hour period; PENALTY: $20,458; ENFORCEMENT
COORDINATOR: Sherronda Martin, (713) 767-3500; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(18) COMPANY: Riata Energy, Inc.; DOCKET NUMBER: 2006-2062-AIR-E; IDENTIFIER:
RN104411756; LOCATION: Fort Stockton, Pecos County, Texas; TYPE OF FACILITY:
support systems for drilling operations; RULE VIOLATED: 30 TAC §101.4
and THSC, §382.085(a) and (b), by failing to prevent excessive dust emissions;
PENALTY: $2,675; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL
OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404,
(915) 570-1359.
(19) COMPANY: City of Roanoke; DOCKET NUMBER: 2006-2087-PWS-E; IDENTIFIER:
RN101202042; LOCATION: Denton County, Texas; TYPE OF FACILITY: public water
supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(iii) and (iv) and (f)(4),
and THSC, §341.0315(c), by failing to provide an elevated storage capacity
of 100 gallons per connection, by failing to provide a service pump capacity
of two gallons per minute (gpm) per connection, and by failing to provide
a minimum production capacity of 0.6 gpm per connection; PENALTY: $802; ENFORCEMENT
COORDINATOR: Christopher Miller, (512) 239-6580; REGIONAL OFFICE: 2301 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(20) COMPANY: Rosebud-Lott Independent School District; DOCKET NUMBER:
2007-0056-PWS-E; IDENTIFIER: RN101194082; LOCATION: Falls County, Texas; TYPE
OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(2),
by failing to provide all public water system operating records at the time
of the investigation; 30 TAC §290.42(l), by failing to develop and maintain
a plant operations manual; 30 TAC §290.109(c)(1)(A), by failing to collect
routine bacteriological monitoring samples; and 30 TAC §290.45(f), by
failing to secure a purchase water contract; PENALTY: $460; ENFORCEMENT COORDINATOR:
Amy Martin, (512) 239-2540; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500,
Waco, Texas 76710-7826, (254) 751-0335.
(21) COMPANY: City of Sansom Park; DOCKET NUMBER: 2006-2233-PWS-E; IDENTIFIER:
RN101414480; LOCATION: Sansom Park, Tarrant County, Texas; TYPE OF FACILITY:
public water system; RULE VIOLATED: 30 TAC §290.46(m), by failing to
establish maintenance and housekeeping practices; 30 TAC §290.41(c)(1)(F),
by failing to obtain sanitary control easements; and 30 TAC §290.45(b)(1)(D)(i),
by failing to provide a well capacity of 0.6 gpm per connection; PENALTY:
$1,890; ENFORCEMENT COORDINATOR: Amy Martin, (512) 239-2540; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(22) COMPANY: Jacob Neycheril dba Singco Food Store; DOCKET NUMBER: 2006-2035-PST-E;
IDENTIFIER: RN101812840; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing
to monitor USTs for releases; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Jason
Godeaux, (512) 239-2541; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(23) COMPANY: Southern Union Pipeline, Ltd.; DOCKET NUMBER: 2007-0008-AIR-E;
IDENTIFIER: RN100215532; LOCATION: Barstow, Ward County, Texas; TYPE OF FACILITY:
natural gas treatment; RULE VIOLATED: 30 TAC §122.503(a)(1) and THSC,
§382.085(b), by failing to submit a general operating permit revision
application following a major change in mode of operation; PENALTY: $3,050;
ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 3300
North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(24) COMPANY: Stephen F. Austin State University; DOCKET NUMBER: 2007-0144-MWD-E;
IDENTIFIER: RN102341468; LOCATION: San Augustine County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES
Permit Number WQ0013161001, Effluent Limitations and Monitoring Requirements
Number 1 and Sludge Provisions, and the Code, §26.121(a), by failing
to comply with permitted effluent limitations, by failing to timely submit
specific parameter data, and by failing to timely submit the annual sludge
report; PENALTY: $2,380; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(25) COMPANY: The Park at Hardy Oak Homeowners Association, Inc.; DOCKET
NUMBER: 2007-0042-EAQ-E; IDENTIFIER: RN104953203; LOCATION: San Antonio, Bexar
County, Texas; TYPE OF FACILITY: residential subdivision; RULE VIOLATED: 30
TAC §213.5(b)(4)(D)(ii)(II), by failing to provide the required basin
certification performed by a Texas licensed professional engineer; PENALTY:
$2,625; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE:
14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(26) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2007-0161-AIR-E;
IDENTIFIER: RN100219310; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: oil refinery; RULE VIOLATED: 30 TAC §101.221(a) and §116.115(c),
40 CFR §60.18(c)(2), Air Permit 2501A, Special Condition 1 and 10B, and
THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY:
$38,000; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(27) COMPANY: Watco Tanks, Inc.; DOCKET NUMBER: 2007-0118-AIR-E; IDENTIFIER:
RN102519584; LOCATION: Floresville, Wilson County, Texas; TYPE OF FACILITY:
metal tank painting and refinishing plant; RULE VIOLATED: 30 TAC §122.121
and §122.130(a) and THSC, §382.054 and §382.085(b), by failing
to submit an application for a Title V Federal Operating Permit and continued
to operate without permit authorization; PENALTY: $2,500; ENFORCEMENT COORDINATOR:
Lindsey Jones, (512) 239-4930; REGIONAL OFFICE: 14250 Judson Road, San Antonio,
Texas 78233-4480, (210) 490-3096.
(28) COMPANY: Weatherford U.S., L.P.; DOCKET NUMBER: 2006-2228-IWD-E; IDENTIFIER:
RN102586088; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: research,
development, and oilfield equipment testing; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number WQ0004760000, Effluent Limitations and Monitoring Requirement
for Outfall 001A Numbers 1 and 3, and for Outfall 002A Numbers 1 and 2, and
the Code, §26.121(a), by failing to comply with the permitted effluent
limits; PENALTY: $8,800; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(29) COMPANY: City of Winnsboro; DOCKET NUMBER: 2007-0127-MWD-E; IDENTIFIER:
RN102916913; LOCATION: Winnsboro, Wood County, Texas; TYPE OF FACILITY: wastewater
treatment system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number
WQ0010319002, Effluent Limitations and Monitoring Requirements Number 1, and
the Code, §26.121(a), by failing to comply with the permitted effluent
limitations; PENALTY: $6,650; Supplemental Environmental Project (SEP) offset
amount of $5,320 applied to Texas Association of Resource Conservation and
Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT
COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2916 Teague Drive,
Tyler, Texas 75701-3756, (903) 535-5100.
TRD-200701279
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 3, 2007
Notices issued March 27, 2007 through March 29, 2007
TCEQ Internal Control No. 01092007-D03; The Stoddard Group, Ltd. and TMI,
Inc. (the "Petitioners") filed a petition for creation of Fort Bend County
Municipal Utility District No. 170 (the "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 owners of a majority in value of the land to be included
in the proposed District; (2) there is one lien holder, Capital Farm Credit,
FLCA, on the property to be included in the proposed District, and the Petitioners
have provided the TCEQ with the certificate evidencing the lien holder's consent
to the creation of the proposed District; (3) the proposed District will contain
approximately 848.4 acres located in Fort Bend County, Texas; and (4) the
proposed District is within the corporate boundaries of the City of Fulshear,
Texas. By Resolution No. 06-135, effective December 19, 2006, the City of
Fulshear, Texas, gave its consent to the creation of the proposed District.
According to the petition, the Petitioners have conducted a preliminary investigation
to determine the cost of the project and from the information available at
the time, the cost of the project is estimated to be approximately $21,800,000.
TCEQ Internal Control No. 03132007-D04; Woodforest Partners LP (the "Petitioner")
filed a petition for creation of Montgomery County Municipal Utility District
No. 114 (the "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, Old Kentucky Farms LP, on the property to be
included in the proposed District, and the Petitioner has provided the TCEQ
with evidence of the lien holder's consent to the creation of the proposed
District; (3) the proposed District will contain approximately 815.89 acres
located in Montgomery County, Texas; and (4) no portion of land within the
proposed District is within the corporate boundaries or extraterritorial jurisdiction
of any city, town, or village in Texas. 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 $53,960,000.
TCEQ Internal Control No. 02202007-D02; Timberleaf Properties LP (the "Petitioner")
filed a petition for creation of Harris County Municipal Utility District
No. 483 (the "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) the proposed District will contain approximately 463.64 acres located
in Harris County, Texas; and (3) the proposed District is within the extraterritorial
jurisdiction of the City of Houston, Texas. The Petitioner, by separate affidavit,
indicates that there is one lien holder, Capital Farm Credit FLCA, on the
property to be included in the proposed District. The Petitioner has provided
the TCEQ with a certificate evidencing the lien holder's consent to the creation
of the proposed District. By Ordinance No. 2007-15, effective January 9, 2007,
the City of Houston, Texas, gave its consent to the creation of the proposed
District. 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
$21,544,073.
TCEQ Internal Control No. 02202007-D03; Timberleaf Properties LP (the "Petitioner")
filed a petition for creation of Harris County Municipal Utility District
No. 484 (the "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) the proposed District will contain approximately 550.97 acres located
in Harris County, Texas; and (3) the proposed District is within the extraterritorial
jurisdiction of the City of Houston, Texas. The Petitioner, by separate affidavit,
indicates that there is one lien holder, Capital Farm Credit FLCA, on the
property to be included in the proposed District. The Petitioner has provided
the TCEQ with a certificate evidencing the lien holder's consent to the creation
of the proposed District. By Ordinance No. 2007-16, effective January 9, 2007,
the City of Houston, Texas, gave its consent to the creation of the proposed
District. 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
$18,698,263.
TCEQ Internal Control No. 02202007-D04; Timberleaf Properties LP (the "Petitioner")
filed a petition for creation of Harris County Municipal Utility District
No. 485 (the "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) the proposed District will contain approximately 370.71 acres located
in Harris County, Texas; and (3) the proposed District is within the extraterritorial
jurisdiction of the City of Houston, Texas. The Petitioner, by separate affidavit,
indicates that there is one lien holder, Capital Farm Credit FLCA, on the
property to be included in the proposed District. The Petitioner has provided
the TCEQ with a certificate evidencing the lien holder's consent to the creation
of the proposed District. By Ordinance No. 2007-17, effective January 9, 2007,
the City of Houston, Texas, gave its consent to the creation of the proposed
District. 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
$16,972,142.
TCEQ Internal Control No. 11152006-D01; Cibolo Creek Municipal Authority
of Bexar, Comal, and Guadalupe counties (the "Authority") filed an application
with the Texas Commission on Environmental Quality (TCEQ) for authority to
levy impact fees of $1,800 per equivalent single-family connection for new
connections to the wastewater treatment and collection systems within all
of the service areas of the Cibolo Creek Municipal Authority. The Authority
files this application under the authority of Chapter 395 of the Local Government
Code, 30 Texas Administrative Code Chapter 293, and the procedural rules of
the TCEQ. The impact fee application and supporting information are available
for inspection and copying during regular business hours in the Utilities
and Districts Section of the Water Supply Division, Third Floor of Building
F (in the TCEQ Park 35 Office Complex located between Yager and Braker lanes
on North IH-35), 12100 Park 35 Circle, Austin, Texas 78753. A copy of the
impact fee application and supporting information, as well as the capital
improvements plan, is available for inspection and copying at the Authority's
office during regular business hours.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on the 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 the petition unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of this notice. If a hearing request is filed, the Executive Director will
not approve the petition and will forward the petition and hearing request
to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court. Written hearing requests
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Districts Review Team, at (512) 239-4691. Si desea información
en Español, puede llamar al (512) 239-0200. General information regarding
TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200701296
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 4, 2007
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive testimony regarding proposed revisions to 30 TAC
Chapter 30, Occupational Licenses and Registrations, under the requirements
of Texas Health and Safety Code, §382.017; and Texas Government Code,
Chapter 2001, Subchapter B.
The commission proposes the repeal of §§30.28, 30.125, 30.210,
30.246, 30.318, 30.319, 30.349 and 30.399; new §§30.28, 30.210,
30.213, 30.214, 30.319; and 30.500 - 30.508; and amendments to §§30.3,
30.5, 30.7, 30.10, 30.14, 30.18, 30.20, 30.24, 30.30, 30.33, 30.51, 30.60,
30.81, 30.90, 30.92, 30.111, 30.120, 30.122, 30.129, 30.171, 30.180, 30.185,
30.190, 30.192, 30.201, 30.212, 30.231, 30.240, 30.242, 30.244, 30.245, 30.247,
30.261, 30.270, 30.272, 30.274, 30.301, 30.307, 30.310, 30.312, 30.315, 30.317,
30.337, 30.340, 30.342, 30.350, 30.355, 30.381, 30.387, 30.390, 30.392, and
30.400. The proposed rulemaking would ensure consistency between the rules
and their applicable statutes, make grammatical and punctuation corrections,
as well as consolidate the administrative requirements and establish uniform
procedures for the occupational licensing and registration programs prescribed
by Texas Water Code, Chapter 37.
A public hearing on this proposal will be held in Austin, Texas, on May
7, 2007, at 2:00 p.m., in Building E, Room 201S, at the Texas Commission on
Environmental Quality complex located at 12100 Park 35 Circle. The hearing
will be structured for the receipt of oral or written comments by interested
persons. Registration will begin 30 minutes prior to the hearing. Individuals
may present oral statements when called upon in order of registration. A time
limit may be established at the hearing to assure that enough time is allowed
for every interested person to speak. There will be no open discussion during
the hearing; however, commission staff members will be available to discuss
the proposal 30 minutes prior to the hearing and will answer questions before
and after the hearing.
Persons planning to attend the hearing with special communication or other
accommodation needs should contact Lola Brown, Office of Legal Services, at
(512) 239-0348. Requests should be made as far in advance as possible.
Comments may be submitted to Lola Brown, MC 205, Texas Register Team, Office
of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087,
Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments
may be submitted at http://www5.tceq.state.tx.us/rules/ecomments
. File size restrictions may apply to comments being submitted via
the eComments system. The comment period closes May 14, 2007. All comments
should reference Rule Project Number 2006-041-030-CE. The proposed revisions
may be viewed on the commission’s Web site at
http://www.tceq.state.tx.us/nav/rules/propose_adopt.html. For further
information or questions concerning this proposal, please contact Terry Thompson,
Compliance Support Division, at (512) 239-6095.
TRD-200701245
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 30, 2007
The following notices were issued during the period of March 22, 2007 through
March 29, 2007.
The following require the applicants to publish notice in a newspaper.
Public comments, requests for public meetings, or requests for a contested
case hearing may be submitted to the Office of the Chief Clerk, Mail Code
105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE
OF NEWSPAPER PUBLICATION OF THE NOTICE.
AQUA UTILITIES, INC. has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0014754001, to authorize
the discharge of treated domestic wastewater at a daily average flow not to
exceed 150,000 gallons per day. The facility will be located one mile north
of Highway 377 on M&M Ranch Road in Hood County, Texas.
BP REAL ESTATE INVESTMENTS, LTD. has applied for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014713001,
to authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 225,000 gallons per day. The facility will be located approximately
3,000 feet northwest of the intersection of Park Road 37 and State Highway
16 in Medina County, Texas.
CITY OF BOVINA has applied for a new permit, Proposed Permit No. WQ0014730001,
to authorize the disposal of treated domestic wastewater at a daily average
flow not to exceed 250,000 gallons per day via surface irrigation of 63 acres
of non-public access pastureland. This permit will not authorize a discharge
of pollutants into waters in the State. The wastewater treatment facility
and disposal site will be located approximately 0.75 mile northeast of the
intersection of State Highway 86 and East Street, to the south of State Highway
86 in Parmer County, Texas.
CAL FARLEY'S BOYS RANCH has applied for a new permit, Proposed Permit No.
WQ0014750001, to authorize the disposal of treated domestic wastewater at
a daily average flow not to exceed 100,000 gallons per day via surface irrigation
of 60.0 acres of non-public access agricultural land. This permit will not
authorize a discharge of pollutants into waters in the State. The wastewater
treatment facility and disposal site are located approximately 0.2 mile north
and 1.6 miles east of the intersection of U.S. Highway 385 and Spur 233 in
Oldham County, Texas.
CITY OF CALDWELL has applied for a renewal of TPDES Permit No. WQ001081300,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 711,000 gallons per day. The facility is located at 831
State Highway 36 South on the west bank of Davidson Creek, 1 mile southeast
of the intersection of State Highway 21 and State Highway 36 in Burleson County,
Texas.
CANEY CREEK UTILITIES, INC. has applied for a renewal of TPDES Permit No.
12023-001, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 20,000 gallons per day. The facility is
located on Hunters Point Road on the west bank of Lake Conroe approximately
3/4 mile north of Farm-to-Market Road 1097 in Montgomery County, Texas.
Carlisle Independent School District has applied for a renewal of TPDES
Permit No. WQ0014292001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 17,500 gallons per day. The
facility is located 900 feet south of the intersection of Farm-to-Market Road
13 and State Highway 42, 500 feet west of State Highway 42 in Rusk County,
Texas.
CHAMP'S WATER COMPANY has applied for a renewal of TPDES Permit No. 11005-001
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 280,000 gallons per day. The facility is located southwest
of the intersection of Bonazzi Boulevard and Stallings Drive, approximately
3,750 feet west of West Montgomery Road, 11 miles northwest of the City of
Houston central business district and 2.9 miles west of Interstate Highway
45 in Harris County, Texas.
Conroe Independent School District has applied for a renewal of TPDES Permit
No. 13690-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 100,000 gallons per day. The facility
is located approximately 2,000 feet south of Farm-to-Market Road 2090 and
600 feet west of Farm-to-Market 1485 and 10 miles southeast of the City of
Conroe in Montgomery County, Texas.
CITY OF MURCHISON has applied for a renewal of TPDES Permit No. 13972-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 80,000 gallons per day. The facility is located approximately
2,800 feet northeast of the intersection of Farm-to-Market Road 773 and County
Road 1616, adjacent to County Road 1616 at the northeast edge of the City
of Murchison in Henderson County, Texas.
East Montgomery County Municipal Utility District No. 4 has applied for
a renewal of TPDES Permit No. WQ0014311001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 750,000
gallons per day. The facility will be located approximately 4,000 feet northwest
of the intersection of U.S. Highway 59 and Farm-to-Market Road 242 in Montgomery
County, Texas.
CITY OF GUNTER has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. WQ0010569002, to authorize the discharge
of treated domestic wastewater at a daily average flow not to exceed 950,000
gallons per day. The facility will be located approximately 1800 feet east
of the intersection of J C Maples Road and Farm-to-Market Road 121 in Grayson
County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 276 has applied for a renewal
of TPDES Permit No. 12927-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 750,000 gallons per day.
The facility is located approximately 800 feet west of the intersection of
State Highway 6 and West Little York Road and approximately 100 feet south
of West Little York Road in Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 345 has applied for a renewal
of TPDES Permit No. WQ0012356001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 710,000 gallons
per day. The facility is located at 1302 Cypress Wind Road, approximately
0.5 mile south of Interstate Highway 10 and 0.5 mile east of Baker Road in
Harris County, Texas.
THE CITY OF HOUSTON has applied for a renewal of TPDES Permit No. WQ0010495135,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 3,500,000 gallons per day. The facility is located
at 16,500 Park Row in the City of Houston, in Harris County, Texas.
THE CITY OF HOUSTON has applied for a major amendment to TPDES Permit No.
10495-139 to authorize an increase in the 2-hour peak flow discharge from
2,076 gallons per minute (gpm) to 2,597 gpm. The current permit authorizes
the discharge of treated domestic wastewater at an annual average flow not
to exceed 995,000 gallons per day The facility is located approximately 250
feet west of the intersection of Genard Road and Steffani Lane in Harris County,
Texas.
NCI BUILDING SYSTEMS, L.P. has applied for a renewal of TPDES Permit No.
12552-002, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 10,000 gallons per day. The facility is
located at 7301 Fairview Street, approximately 0.4 mile north of Farm-to-Market
Road 529, 1.5 miles northwest of the intersection of Farm-to-Market Road 529
and U.S. Highway 290, and approximately 18 miles northwest of the City of
Houston Central Business District in Harris County, Texas.
NCI BUILDING SYSTEMS, L.P. has applied for a renewal of TPDES Permit No.
WQ0014316001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 55,000 gallons per day. The facility
will be located approximately 0.4 mile north of Farm-to-Market Road 529 near
the City of Jersey Village, approximately 1.5 miles northwest of the intersection
of Farm-to-Market Road 529 and U.S. Highway 290, and approximately 18 miles
northwest of the City of Houston central business district in Harris County,
Texas.
City of Newton has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. WQ0014748001, to authorize the discharge
of treated domestic wastewater at a daily average flow not to exceed 960,000
gallons per day. The facility is located north of Caney Creek, approximately
7,000 feet southeast of the intersection of McMahon Street and Davidson Road,
in the City of Newton in Newton County, Texas.
Northside Christian Church has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014759001, to
authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 60,000 gallons per day. The facility will be located at
20250 Kuykendahl Road in the City of Spring, Harris County, Texas.
SPLENDORA INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES
Permit No. 11143-001 which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 70,000 gallons per day. The draft permit
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 40,000 gallons per day. The facility is located east of
State Highway Spur 512, approximately 0.4 mile northeast of the intersection
of State Highway Spur 512 and Farm-to-Market Road 2090 in Montgomery County,
Texas.
TEXAS NATIONAL MUNICIPAL UTILITY DISTRICT has applied for a renewal of
TPDES Permit No. 11715-001 which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 75,000 gallons per day. The
facility is located north of Camp Creek, approximately 1.50 miles northeast
of the intersection of Texas National Boulevard and Farm-to-Market Road 2432
in Montgomery County, Texas
Tri-B Industrial Partners, L.P. (Owner) and Timely Integrated, Inc. (Operator),
which propose to operate a truck wash facility, have applied for a new permit,
Proposed Permit No. WQ0004800000 to authorize the disposal of truck wash water
at a daily average flow not to exceed 270 gallons per day via evaporation.
This permit will not authorize a discharge of pollutants into water in the
State. The facility site and evaporation pond are located at 13006 Gateway
East, adjacent to Interstate Highway 10, approximately 2.3 miles southeast
of the City of Soccorro, and approximately 2.5 miles northeast of the City
of Clint, El Paso County, Texas.
TWAN DEVELOPMENT, L.L.C. has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0014776001, to authorize
the discharge of treated domestic wastewater at a daily average flow not to
exceed 20,000 gallons per day. The facility will be located at 24723 Stuebner
Airline Road, approximately 1.5 miles north-northeast of the intersection
of Farm-to-Market Road 2920 and Farm-to-Market Road 2978 in Harris County,
Texas.
VIA BAYOU, INC. has applied for a renewal of TPDES Permit No. 14326-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 20,000 gallons per day. The facility is located at 10000
San Leon Drive in Galveston County, Texas.
WEST HOUSTON AIRPORT CORPORATION has applied for a major amendment to TPDES
Permit No. 12516-001 to authorize an increase in the discharge of treated
domestic wastewater from a daily average flow not to exceed 2,000 gallons
per day to a daily average flow not to exceed 15,000 gallons per day. The
facility is located on Lakeside Airport property at 18000 Groeschke Road in
Harris County, Texas. The treated effluent is discharged to Harris County
Flood Control District Ditch # U101-15; thence to South Mayde Creek; thence
to Buffalo Bayou Above Tidal in Segment No. 1014 of the San Jacinto River
Basin.
The following do not require publication in a newspaper. Written comments
or requests for a public meeting may be submitted to the Office of the Chief
Clerk, at the address provided in the information section above, WITHIN 30
DAYS OF THE ISSUED DATE OF THE NOTICE.
The Texas Commission on Environmental Quality (TCEQ) has initiated a minor
amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit
issued to CITY OF BRYAN to include a whole effluent toxicity (WET) limit for
the 7-day short term chronic toxicity test of the fathead minnow species.
The existing permit authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 4,000,000 gallons per day. The facility
is located northwest of State Highway 21 and approximately 2,300 feet west-southwest
of the intersection of State Highway 21 and Farm-to-Market Road 2818 in Brazos
County, Texas.
INFORMATION SECTION
To view the complete issued notices, view the notices 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. When
searching the web site, type in the issued date range shown at the top of
this document to obtain search results.
If you need more information about these permit applications or the permitting
process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040.
General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us.
Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200701294
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 4, 2007
Notices issued March 29, 2007 through April 2, 2007
APPLICATION NO. WRTP 12113; One Carter Ranch LP, 3901 Airport Freeway,
Suite 200, Bedford, Texas, 76201, applicant, has applied for a Water Use Permit
to reconstruct and maintain a dam and reservoir located on an unnamed tributary
of Doe Branch, Trinity River Basin, for in-place recreational purposes in
Collin County. The application and the required fees were received on October
30, 2006. Additional information and was received on January 23, February
15, and February 16, 2007. The application was declared administratively complete
and accepted for filing with the Office of the Chief Clerk on March 6, 2007.
Written public comments and requests for a public meeting should be received
in 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.
APPLICATION NO. 12099; TXU Mining Company L.P., 1601 Bryan Street, Dallas,
TX 75201-3411, Applicant, has applied for a water use permit to maintain five
dams and reservoirs and to divert and use not to exceed 200 acre-feet of water
per year from three diversion segments located on Unnamed tributaries of East
Piney Creek; East Piney Creek; Unnamed tributaries of Piney Creek; and Piney
Creek, Sulphur River Basin, for mining purposes within Piney/East Piney Creek
Watershed in Titus County. The application and fees were received on August
17, 2006. Additional information was received on November 16, 2006. The application
was accepted for filing and declared administratively complete on January
3, 2007. 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
To view the complete issued notices, view the notices 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. When
searching the web site, type in the issued date range shown at the top of
this document to obtain search results.
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 A[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-200701295
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 4, 2007
Licensing Actions for Radioactive Materials
TRD-200701285
Cathy Campbell
General Counsel
Department of State Health Services
Filed: April 3, 2007
Multifamily Housing Revenue Bonds (Costa Rialto) Series 2007
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Francis Elementary School,
14815 Lee Road, Houston, Harris County, Texas 77032, at 6:00 p.m. on May 1,
2007, with respect to an issue of tax-exempt multifamily residential rental
development revenue bonds in an aggregate principal amount not to exceed $14,000,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds
will be loaned to Costa Rialto, Ltd., a limited partnership, or a related
person or affiliate thereof (the "Borrower") to finance a portion of the costs
of acquiring, constructing, and equipping a multifamily housing development
(the "Development") described as follows: 216-unit multifamily residential
rental development to be located at approximately the 5000 block of Aldine
Bender Road, Harris County, Texas. Upon the issuance of the Bonds, the Development
will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Teresa
Morales at the Texas Department of Housing and Community Affairs, P.O. Box
13941 Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Teresa Morales in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Teresa Morales prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Teresa Morales
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200701281
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 3, 2007
Multifamily Housing Revenue Bonds (Windshire Apartments) Series 2007
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Garfield Elementary, 10301
Hartsook, Houston, Harris County, Texas 77034, at 6:30 p.m. on May 8, 2007,
with respect to an issue of tax-exempt multifamily residential rental development
revenue bonds in an aggregate principal amount not to exceed $15,000,000 and
taxable bonds, if necessary, in an amount to be determined, to be issued in
one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds
will be loaned to Windshire Apartments, L.P., a limited partnership, or a
related person or affiliate thereof (the "Borrower") to finance a portion
of the costs of acquiring, constructing, and equipping a multifamily housing
development (the "Development") described as follows: 252-unit multifamily
residential rental development to be located at approximately the 4500 block
of S. Shaver, Houston, Harris County, Texas. Upon the issuance of the Bonds,
the Development will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Teresa
Morales at the Texas Department of Housing and Community Affairs, P.O. Box
13941 Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Teresa Morales in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Teresa Morales prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Teresa Morales
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200701282
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 3, 2007
Application for admission to the State of Texas by ADMIRAL LIFE INSURANCE
COMPANY OF AMERICA a foreign life, accident and/or health company. The home
office is in Phoenix, Arizona.
Application for admission to the State of Texas by HOMEWISE PREFERRED INSURANCE
COMPANY a foreign fire and/or casualty company. The home office is in Tampa,
Florida.
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-200701290
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 4, 2007
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application of MERCER HEALTH & BENEFITS ADMINISTRATION LLC, a foreign
third party administrator. The home office is WILMINGTON, DELAWARE.
Application to change the name of ADMINISTRATION SYSTEMS RESEARCH CORPORATION
INTERNATIONAL (using the assumed name of ASR CORPORATION) to ADMINISTRATION
SYSTEMS RESEARCH CORPORATION INTERNATIONAL (using the assumed name of ASR
HEALTH BENEFITS), a foreign third party administrator. The home office is
GRAND RAPIDS, MICHIGAN.
Any objections must be filed within 20 days after this notice is published
in the Texas Register, addressed to the attention
of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200701298
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 4, 2007
Public Notice - Revised Enforcement Plan
The Texas Commission of Licensing and Regulation ("Commission") provides
this public notice that at their regularly scheduled meeting held March 28,
2007, the Commission adopted the Texas Department of Licensing and Regulation’s
("Department") revised enforcement plan which was established in compliance
with Texas Occupations Code, §51.302(c).
The enforcement plan gives all license holders notice of the specific ranges
of penalties and license sanctions that apply to specific alleged violations
of the statutes and rules enforced by the Department. The enforcement plan
also presents the criteria that are considered by the Department’s Enforcement
staff in determining the amount of a proposed administrative penalty or the
magnitude of a proposed sanction.
The revisions to the enforcement plan include nonsubstantive changes which
update statutory and administrative rule references and citations, delete
unnecessary or obsolete provisions, and add new violations created by changes
to the statutes and rules; however, substantive changes were made to the Boiler
and Combative Sports penalty matrices.
A copy of the revised enforcement plan is posted on the Department’s
website and may be downloaded at www.license.state.tx.us. You may also contact
the Enforcement Division at (512) 463-2906 or by e-mail at enforcement@license.state.tx.us
to obtain a copy of the revised plan.
TRD-200701300
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: April 4, 2007
The Texas Commission of Licensing and Regulation ("Commission") provides
this public notice that, at their regularly scheduled meeting held March 28,
2007, the Commission adopted the Texas Department of Licensing and Regulation’s
("Department") updated Criminal Conviction Guidelines pursuant to Texas Occupations
Code, §53.025(a). These guidelines describe the process by which the
Department determines whether a criminal conviction renders an applicant an
unsuitable candidate for the license, or whether a conviction warrants revocation
or suspension of a license previously granted. The guidelines present the
general factors that are considered in all cases and the reasons why particular
crimes are considered to relate to each type of license issued by the Department.
Acts of the 79th Texas Legislature, Senate Bill 411, transferred the functions
of the Texas Cosmetology Commission and the Texas State Board of Barber Examiners
to the Department effective September 1, 2005, and abolished both the Texas
Cosmetology Commission and the Texas State Board of Barber Examiners. The
updated Criminal Conviction Guidelines include the Barber and Cosmetology
programs and will become a part of the overall guidelines that are already
in place for other Department programs. The Department presented the guidelines
to the Barber Board at their meeting of January 8, 2007, and to the Cosmetology
Board at their meeting of May 22, 2006, and received recommendations of approval
from both advisory bodies.
A copy of the updated Criminal Conviction Guidelines is posted on the Department’s
website and may be downloaded at www.license.state.tx.us. You may also contact
the Enforcement Division at (512) 463-2906 or by email at enforcement@license.state.tx.us
to obtain a copy of the updated guidelines.
TRD-200701299
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: April 4, 2007
Instant Game Number 800 "Quick Silver"
1.0 Name and Style of Game.
A. The name of Instant Game No. 800 is "QUICK SILVER". The play style is
"key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 800 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 800.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, Q SYMBOL, SILVER BAR SYMBOL,
$2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $250, $2,500 and $25,000.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 800 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 800 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (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 $250.
I. High-Tier Prize - A prize of $2,500 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 (800), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 125 within
each pack. The format will be: 800-0000001-001.
L. Pack - A pack of "QUICK SILVER" Instant Game tickets contains 125 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket
will be folded over to expose a front and back of one ticket on each pack.
Please note the books will be in an A, B. C and D 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 "QUICK
SILVER" Instant Game No. 800 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 "QUICK SILVER"
Instant Game is determined once the latex on the ticket is scratched off to
expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS
play symbols to either WINNING NUMBER play symbol, the player wins the PRIZE
shown for that number. If a player reveals a quick "Q" play symbol, the player
wins the PRIZE shown instantly. If a player reveals a silver bar play symbol,
the player wins ALL 10 PRIZES. 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. Non-winning prize symbols will not match a winning prize symbol on a
ticket.
C. No three or more identical non-winning prize symbols on a ticket.
D. No duplicate WINNING NUMBERS play symbols on a ticket.
E. There will be no correlation between the matching symbols and the prize
amount.
F. The "Q" (auto win) play symbol will never appear more than once on a ticket.
G. The "silver bar" (win all) play symbol will only appear on winning tickets
as dictated by the prize structure.
H. The $2,500 and $25,000 prize symbols will both appear on all tickets
unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "QUICK SILVER" Instant Game prize of $2.00, $4.00, $5.00,
$10.00, $20.00, $50.00 or $250, 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 $250 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 "QUICK SILVER" Instant Game prize of $2,500 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 "QUICK SILVER" 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 "QUICK SILVER"
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 "QUICK SILVER" 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 7,080,000
tickets in the Instant Game No. 800. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 800 - 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 800 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. 800,
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-200701224
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 30, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 803 is "CASH CELEBRATION". The play style
is "match 3 of 6 with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 803 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 803.
A. Display Printing--That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint--The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol--The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: $1.00, $2.00, $3.00, $5.00, $10.00, $20.00,
$30.00, $100, $500, $1,000, and BOOT SYMBOL.
D. Play Symbol Caption--the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 803- 1.2D
E. Retailer Validation Code--Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 803 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number--A unique 13 (thirteen) digit number appearing under the
latex scratch-off covering on the front of the ticket. There is a boxed four
(4) digit Security Number placed randomly within the Serial Number. The remaining
nine (9) digits of the Serial Number are the Validation Number. The Serial
Number is positioned beneath the bottom row of play data in the scratched-off
play area. The Serial Number is for validation purposes and cannot be used
to play the game. The format will be: 0000000000000.
G. Low-Tier Prize--A prize of $1.00, $2.00, $3.00, $4.00, $5.00, $6.00,
$10.00, or $20.00.
H. Mid-Tier Prize--A prize of $30.00, $60.00, $100, or $200.
I. High-Tier Prize--A prize of $1,000.
J. Bar Code--A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number, and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number--A 13 (thirteen) digit number consisting of the three
(3) digit game number (803), a seven (7) digit pack number, and a three (3)
digit ticket number. Ticket numbers start with 001 and end with 150 within
each pack. The format will be: 803-0000001-001.
L. Pack--A pack of "CASH CELEBRATION" Instant Game tickets contains 150
tickets, packed in plastic shrink-wrapping and fanfolded in pages of five
(5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the
next page; etc.; and tickets 146 to 150 will be on the last page with backs
exposed. Ticket 001 will be folded over so the front of ticket 001 and 010
will be exposed.
M. Non-Winning Ticket--A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "CASH
CELEBRATION" Instant Game No. 803 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule, §401.302, Instant Game Rules, these Game Procedures, and
the requirements set out on the back of each instant ticket. A prize winner
in the "CASH CELEBRATION" Instant Game is determined once the latex on the
ticket is scratched off to expose 6 (six) Play Symbols. If a player reveals
3 matching amounts, the player wins that amount. If a player reveals 2 matching
amounts and a BOOT symbol, the player wins DOUBLE the amount shown. No portion
of the display printing nor any extraneous matter whatsoever shall be usable
or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 6 (six) Play Symbols must appear under the latex overprint on
the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code, and Pack-Ticket Number
must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted, or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code, and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut and have exactly 6 (six)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective,
or printed or produced in error;
16. Each of the 6 (six) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 6 (six) Play Symbols on the ticket must be printed in the
Symbol font and must correspond precisely to the artwork on file at the Texas
Lottery; the ticket Serial Numbers must be printed in the Serial font and
must correspond precisely to the artwork on file at the Texas Lottery; and
the Pack-Ticket Number must be printed in the Pack-Ticket Number font and
must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No ticket will contain four or more matching play symbols.
C. No ticket will contain three or more matching play symbols when the
doubler symbol appears.
D. The doubler symbol will appear only on winning tickets as dictated by
the prize structure.
E. No more than 2 pairs of matching play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "CASH CELEBRATION" Instant Game prize of $1.00, $2.00, $3.00,
$4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $60.00, $100, or $200, a claimant
shall sign the back of the ticket in the space designated on the ticket and
present the winning ticket to any Texas Lottery Retailer. The Texas Lottery
Retailer shall verify the claim and, if valid and upon presentation of proper
identification, make payment of the amount due the claimant and physically
void the ticket; provided that the Texas Lottery Retailer may, but is not,
in some cases, required to pay a $30.00, $60.00, $100, or $200 ticket. In
the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery
Retailer shall provide the claimant with a claim form and instruct the claimant
on how to file a claim with the Texas Lottery. If the claim is validated by
the Texas Lottery, a check shall be forwarded to the claimant in the amount
due. In the event the claim is not validated, the claim shall be denied and
the claimant shall be notified promptly. A claimant may also claim any of
the above prizes under the procedure described in Section 2.3.B and Section
2.3.C of these Game Procedures.
B. To claim a "CASH CELEBRATION" Instant Game prize of $1,000, the claimant
must sign the winning ticket and present it at one of the Texas Lottery's
Claim Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or more,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "CASH CELEBRATION" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller
of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage
Commission;
2. delinquent in making child support payments administered or collected
by the Office of the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "CASH CELEBRATION"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "CASH CELEBRATION" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code, §466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales, and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,160,000
tickets in the Instant Game No. 803. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 803- 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 803 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. 803,
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-200701207
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 29, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 806 is "FUNKY 5'S". The play style is "key
number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 806 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 806.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,
32, 33, 34, 35, 36, 37, 38, 39, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00,
$50.00, $100, $500, $1,000, and $50,000.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 806 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 806 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100 or $500.
I. High-Tier Prize - A prize of $1,000, $5,000 or $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 (806), 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: 806-0000001-001.
L. Pack - A pack of "FUNKY 5'S" 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 001 and front 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 "FUNKY
5'S" Instant Game No. 806 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 "FUNKY 5'S"
Instant Game is determined once the latex on the ticket is scratched off to
expose 43 (forty-three) Play Symbols. If a player matches any of YOUR NUMBERS
play symbols to any of the WINNING NUMBERS play symbols, the player wins the
PRIZE shown for that number. If a player reveals a "5" play symbol, the player
wins 5 (five) TIMES the PRIZE shown for that symbol. No portion of the display
printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 43 (forty-three) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 43 (forty-three)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 43 (forty-three) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 43 (forty-three) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. The "5" (WIN x 5) symbol will only appear on intended winning tickets
and only as dictated by the prize structure.
C. No more than three (3) identical non-winning prize symbols will appear
on a ticket.
D. No duplicate WINNING NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize
symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR
NUMBERS play symbol (i.e. 10 and $10).
H. The $50,000 prize symbol will appear at least once on every ticket unless
otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "FUNKY 5'S" Instant Game prize of $5.00, $10.00, $15.00,
$20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim
and, if valid, and upon presentation of proper identification, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "FUNKY 5'S" 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 "FUNKY 5'S" Instant Game prize,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General;
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 "FUNKY 5'S"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "FUNKY 5'S" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code 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 6,000,000
tickets in the Instant Game No. 806. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 806 - 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 806 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. 806,
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-200701278
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 3, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 820 is "BREAK THE BANK". The play style
is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 820 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 820.
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 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,
MONEYSTACK SYMBOL, $1.00, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200,
$1,000, $3,000, and $30,000.
D. Play Symbol Caption--The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 820- 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 820 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number--A unique 13 (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, $6.00, $8.00, $10.00, $12.00,
or $20.00.
H. Mid-Tier Prize--A prize of $50.00 or $200.
I. High-Tier Prize--A prize of $1,000, $3,000, or $30,000.
J. Bar Code--A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number, and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number--A 13 (thirteen) digit number consisting of the three
(3) digit game number (820), a seven (7) digit pack number, and a three (3)
digit ticket number. Ticket numbers start with 001 and end with 125 within
each pack. The format will be: 820-0000001-001.
L. Pack--A pack of "BREAK THE BANK" Instant Game tickets contains 125 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket
will be folded over to expose a front and back of one ticket on each pack.
Please note the books will be in an A, B. C, and D 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 "BREAK
THE BANK" Instant Game No. 820 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 "BREAK THE BANK" Instant Game is determined once the latex on the ticket
is scratched off to expose 19 (nineteen) play symbols. If the player matches
any of YOUR NUMBERS play symbols to any of the 3 LUCKY NUMBERS play symbols,
the player wins the prize shown for that number. If the player reveals a "moneystack"
symbol, the player wins the prize 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 19 (nineteen) 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 19 (nineteen)
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 19 (nineteen) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 19 (nineteen) 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. Non-winning prize symbols will not match a winning prize symbol on a ticket.
C. No duplicate Lucky Numbers on a ticket.
D. There will be no correlation between the matching symbols and the prize amount.
E. The auto win symbol will never appear more than once on a ticket.
F. No duplicate non-winning play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "BREAK THE BANK" Instant Game prize of $2.00, $4.00, $6.00,
$8.00, $10.00, $12.00, $20.00, $50.00, or $200, a claimant shall sign the
back of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not in some cases, required to
pay a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "BREAK THE BANK" Instant Game prize of $1,000, $3,000, or
$30,000, the claimant must sign the winning ticket and present it at one of
the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "BREAK THE BANK" Instant Game
prize, the claimant must sign the winning ticket; thoroughly complete a claim
form; and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller
of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage
Commission;
2. delinquent in making child support payments administered or collected
by the Office of the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resource 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 "BREAK THE
BANK" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "BREAK THE BANK" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code, §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. 820. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 820 - 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 820 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. 820,
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-200701208
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 29, 2007
The agency has determined that information that is confidential by law,
because it goes to the security of the lottery, is contained within the procedures
referenced below. The confidential information has been redacted within these
procedures.
Figure: Jackpot Estimation, Procedure (.pdf)
TRD-200701291
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 4, 2007
The agency has determined that information that is confidential by law,
because it goes to the security of the lottery, is contained within the procedures
referenced below. The confidential information has been redacted within these
procedures.
Figure: Jackpot Payment and Investment, Procedure (.pdf)
TRD-200701292
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 4, 2007
Title: Processing Prize Payments
Approval: Kathy Pyka, Controller
Effective Date: November 28, 2006
Approval Date: November 28, 2006
PROCEDURE NUMBER
OC-WP-001 [Supersedes FA-WP-001 dated 9/19/2005]
PURPOSE:
To provide standard guidelines for processing prize payments through Office
of the Controller.
SCOPE: This procedure applies to Office of
the Controller and the Comptroller of Public Accounts through the Texas Treasury
Safekeeping Trust Company (TTSTC). These procedures allow the commission to
provide for prize payments in a uniform, systematic, and timely manner while
implementing state and federal laws.
RESPONSIBILITY: Prize payment personnel from
Office of the Controller have primary responsibility for this procedure.
GENERAL: The Office of the Controller shall
oversee the implementation of this procedure for all prize payments processed
by Office of the Controller Prize Payment staff. The following general guideline
will be used.
• Ensure that prizes for amounts that exceed the claim center limits
of $999,999, prizes paid in installments, prizes awarded to minors, cash value
prizes, 2nd chance drawings, and other special prizes not otherwise paid by
a lottery claim center are processed in the lottery vendor (ProSys) system.
• Issue single, weekly, monthly, quarterly, or annual payments to
instant game recipients as provided by each game's game rules.
• Issue timely annuity payments, cash value option (CVO) payments,
or lump sum payments as provided by each game's game rules for on-line game
recipients that are not otherwise paid by a lottery claim center.
• Make any necessary adjustments to the payments according to debt
set-offs and warrant holds for other agencies, court orders, levies, or liens.
• Make payments per approved voluntary and involuntary assignments.
• Federal taxpayer numbers may be classified as a Taxpayer Identification
Number (TIN), a Federal Employer Identification Number (EIN or FEIN). Individuals'
Social Security Number (SSN) may also be considered as a TIN. An ITIN is an
individual tax identification number.
Ref: Game Rules §401.301 General Definition.
To view or obtain a copy of the complete procedure, go to www.txlottery.org
or contact the Open Records Coordinator at (512) 344-5420 or openrecords@lottery.state.tx.us.
NOTE: The agency has determined that information that is confidential by
law, because it goes to the security of the lottery, is contained within the
procedures referenced herein. The confidential information has been redacted
within these procedures.
TRD-200701293
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 4, 2007
Notice of Consultant Contract Award
Pursuant to the provisions of Government Code, Chapter 2254, the North
Central Texas Council of Governments publishes this notice of consultant contract
award. The consultant proposal request appeared in the December 15, 2006,
issue of the Texas Register (31 TexReg 10182).
The selected consultant will perform technical and professional work to conduct
a Regional General Aviation and Heliport System Plan.
The consultant selected for this project is Clough Harbour & Associates
LLP., P.O. Box 352, Mount Pleasant, Texas 75456. The maximum amount of this
contract is $2,900,000.
Issued in Arlington, Texas on April 4, 2007.
TRD-200701289
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: April 4, 2007
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on April
2, 2007, for an amendment to a state-issued certificate of franchise authority
(CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory
Act (PURA).
Project Title and Number: Application of Universal Cable Holdings, Inc.,
d/b/a Suddenlink Communications for an Amendment to its State-Issued Certificate
of Franchise Authority, Project Number 34085 before the Public Utility Commission
of Texas.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Number 34085.
TRD-200701297
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 4, 2007
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on March 30, 2007, for designation as an eligible telecommunications
carrier and eligible telecommunications provider.
Project Title and Number: Application of State Telephone Texas Corporation
for Designation as an Eligible Telecommunications Carrier (ETC) and Eligible
Telecommunications Provider (ETP). Docket Number 34066.
The Application: The company is requesting ETC/ETP designation in order
to be eligible to receive federal and state universal service funding to assist
it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e),
the commission, either upon its own motion or upon request, shall designate
qualifying common carriers as ETCs and ETPs for service areas set forth by
the commission.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by April 27, 2007. Requests for further information
should be mailed to the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or you may call the Public Utility Commission’s
Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the
commission’s toll free number (888) 782-8477. All comments should reference
Docket Number 34066.
TRD-200701284
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 3, 2007
Notice is given to the public of a petition for declaratory order with
the Public Utility Commission of Texas on March 28, 2007.
Docket Style and Number: Petition of GTE Southwest Incorporated d/b/a Verizon
Southwest, Southwestern Bell Telephone, L.P. db/a AT&T Texas, and United
Telephone Company of Texas, Inc. d/b/a Embarq, for Declaratory Relief Regarding
811 Tariffed Services, Docket Number 34062.
The Application: GTE Southwest Incorporated d/b/a Verizon Southwest, Southwestern
Bell Telephone, L.P. d/b/a AT&T Texas, Central Telephone Company of Texas,
Inc. d/b/a Embarq, and United Telephone Company of Texas, Inc. d/b/a Embarq,
seek a declaratory ruling regarding provision of 811 service pursuant to tariffs
that the petitioners have filed or may file before the commission.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection
at (512) 936-7120 or (888) 782-8477. Hearing-and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136 or
use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer
to Docket Number 34062.
TRD-200701259
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 30, 2007
OVERVIEW
The Public Utility Commission of Texas (PUCT or Commission) issues this Request
for Information (RFI) to solicit information that may assist the agency in determining
whether and how to solicit proposals for consulting services. On February 26,
2007, Kohlberg Kravis Roberts & Co. and Texas Pacific Group (KKR et al)
announced it would acquire TXU Corp. The PUCT is required to determine whether
the proposed acquisition is in the public interest. See Texas Utilities Code 14.101 et seq.
The PUCT has issued this Request for Information (RFI) to identify potential
consultants and costs associated with a review and analysis of the acquisition.
This RFI is not a solicitation document; nor does it constitute an intention
by the PUCT to issue a solicitation in the future. Estimated pricing information
is requested for planning and budgetary purposes only. The PUCT is not responsible
for any costs incurred by parties submitting responses to this RFI.
INFORMATION REQUESTED
1. Tasks
Respondents should submit information concerning their ability to undertake
the following tasks. Responses should correspond to the individual tasks.
A. Review and evaluate the terms of the proposed acquisition to determine
its effect on TXU Electric Delivery, which is the regulated transmission and
distribution utility. The review should include, but is not limited to, effects
on the health and safety of employees and retail customers, the potential
transfer of jobs out of state, and service quality.
B. Review and evaluate the terms of the proposed acquisition and the organization
of the resulting company to determine whether they create adequate separation
of TXU Electric Delivery from the retail electric provider (TXU Energy) and
the power generation company (TXU Power).
C. Review and evaluate the terms of the proposed acquisition to determine
whether and how it would affect TXU Electric Delivery’s financial and
managerial resources to provide continuous and adequate service to customers.
D. Review and evaluate the terms of the proposed acquisition to determine
whether the price reasonably reflects the value of the property, facilities,
securities, and all other assets to be disposed of or transferred.
E. Review and evaluate the proposed acquisition to determine whether the
transaction would affect TXU Energy’s:
- financial and technical resources to provide continuous and adequate
service to customers;
- managerial and technical ability to supply electricity at retail in accordance
with customer contracts; or
- resources needed to meet the customer protection requirements of PURA.
F. Review and evaluate the proposed acquisition to determine whether TXU
Power will have the capability to observe all scheduling, operating, planning,
reliability, and settlement policies, rules, guidelines and procedures established
by the Electric Reliability Council of Texas (ERCOT).
The Public Utility Regulatory Act can be found at http://tlo2.tlc.state.tx.us/statutes/ut.toc.htm
Information on ERCOT can be found at http://www.ercot.com/
2. Estimated Pricing
Provide estimated pricing for the services described above, including the
basis for that pricing, e.g., fixed fee, fixed
fee plus expenses, hourly rates, etc.
3. Summary of Organization and Experience Provide a brief (no more than
2 pages) summary of your organization and your previous experience with the
merger, acquisition, sale or transfer of large utilities and other relevant
qualifications.
CONFIDENTIALITY/PUBLIC INFORMATION ACT
All responses and their contents submitted to the PUCT in response to this
RFI become the property of the State of Texas, will not be returned to the
submitting parties, and are subject to the Public Information Act, Chapter
552, Texas Government Code (the "Act"). In no event shall the State of Texas,
the PUCT, or any of their agents, representatives, consultants, directors,
officers, or employees be liable to a respondent for the disclosure of all
or a portion of the information submitted in response to this RFI.
GENERAL INFORMATION
RFI Issue Date: Wed., April 4, 2007
RFI Closing Date: Fri., April 20, 2007
Point of Contact:
Paula Mueller
Deputy Executive Director
Public Utility Commission of Texas
P.O. Box 13326
Austin, TX 78711-3326
paula.mueller@puc.state.tx.us
Submission Instructions:
Interested parties must submit their responses to this RFI to the PUCT
point of contact above. Responses must arrive at the PUCT before 5:00 p.m.
on Friday, April 20, 2007. Parties may submit responses by mail or e-mail.
TRD-200701301
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 4, 2007
Notice of District Petition
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 30, Occupational Licenses and Registrations
Notice of Water Quality Applications
Notice of Water Rights Applications
Department of State Health Services
Texas Department of Housing and Community Affairs
Notice of Public Hearing
Texas Department of Insurance
Third Party Administrator Applications
Texas Department of Licensing and Regulation
Public Notice - Updated Criminal Conviction Guidelines
Texas Lottery Commission
Instant Game Number 803 "Cash Celebration"
Instant Game Number 806 "Funky 5's"
Game Number 820 "Break the Bank"
Office of the Controller, Lotto Texas® Jackpot Estimation, Procedure
Office of the Controller, Lotto Texas™ Jackpot Payment and Investment, Procedure
Office of the Controller, Processing Prize Payments Procedures
North Central Texas Council of Governments
Public Utility Commission of Texas
Notice of Application for Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider
Notice of Petition for Declaratory Order
Request for Information