Office of the Attorney General
Notice of Settlement of a Texas Clean Air Act Enforcement Action
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act. Before the State may settle a judicial enforcement action, pursuant to the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.
Case Title and Court: Settlement Agreement in Harris County, Texas and the Texas Commission on Environmental Quality v. Triple B Services; Cause No. 2006-22190, 127th Judicial District, Harris County, Texas.
Background: This suit alleges violations of the Texas Clean Air Act resulting from the improper use of a trench burner in Harris County, Texas. The Defendant is Triple B Services. The suit seeks injunctive relief, civil penalties, attorney's fees, and court costs. The Clean Air Act violations are for air pollution and air nuisance.
Nature of Settlement: The settlement awards $13,500.00 in civil penalties and $600.00 in attorney's fees to the State and $13,500.00 in civil penalties and $1,400.00 in attorney's fees to Harris County. The Final Judgment orders the Defendants to comply with the Texas Clean Air Act, the Texas Water Code, and the environmental rules and regulations promulgated by the TCEQ, and to provide Harris County with information used in the enforcement of the Injunction.
For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgments and written comments on the proposed settlement should be directed to Vanessa Puig-Williams, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.
For questions about this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200703816
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 22, 2007
The Texas Building and Procurement Commission (TBPC), on behalf of the Department of Assistive and Rehabilitative Services, announces the issuance of Request for Proposals (RFP) #303-8-10095. TBPC seeks a 5-year lease of approximately 6,161 square feet of office space in the Beaumont area, Jefferson County, Texas.
The deadline for questions is August 17, 2007; and the deadline for proposals is August 31, 2007 at 3:00 p.m. The award date is September 7, 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 an RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=72319.
TRD-200703668
Kay Molina
General Counsel
Texas Building and Procurement Commission
Filed: August 17, 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 August 10, 2007, through August 16, 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 this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on August 22, 2007. The public comment period for this project will close at 5:00 p.m. on September 21, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: Dominion Exploration and Production, Inc. ; Location: The project is located along Levee Road, in Big Reservoir Marsh, just north of the Gulf Intracoastal Waterway and Salt Bayou, in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Star Lake, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 388755; Northing: 3286495. Project Description: The applicant proposes to grade and fill a 2.86-acre pad site for drilling operations. The work includes excavation and sidecasting of 200 cubic yards of native material for ring levee construction. Thirty-eight pilings will be driven for rig support followed by placement of approximately 1000 (8' x 12' x 8') timber mats. After drilling is complete, mats will be removed and replaced with approximately 2,777 cubic yards of caliche gravel. CCC Project No.: 07-0272-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-578 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Dominion Exploration and Production, Inc. ; Location: The project is located along Levee Road, in Big Reservoir Marsh, west of Monteaux Pond and Goose Gully, and north of the Gulf Intracoastal Waterway, in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle maps entitled: Alligator Hole Marsh and Star Lake, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 388460; Northing: 3289736. Project Description: The applicant proposes to grade and fill a 2.92-acre pad site for drilling operations. The work includes excavation and sidecasting of 200 cubic yards of native material for ring levee construction. Thirty-eight pilings will be driven for rig support followed by placement of approximately 1000 (8'x 12' x 8') timber mats. After drilling is complete, mats will be removed and replaced with approximately 2,777 cubic yards of caliche gravel. CCC Project No.: 07-0273-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-579 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Dominion Exploration and Production, Inc. ; Location: The project is located along Levee Road, south of Willie Slough in Big Reservoir Marsh, northeast of Monteaux Pond and Goose Gully, and north of the Gulf Intracoastal Waterway, in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle maps entitled: Alligator Hole Marsh, Big Hill Bayou, Clam Lake, and Star Lake, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 3391752; Northing: 33291331. Project Description: The applicant proposes to grade and fill a 2.60-acre pad site for drilling operations. The work includes excavation and sidecasting of 200 cubic yards of native material for ring levee construction. Thirty-eight pilings will be driven for rig support followed by placement of approximately 1000 (8'x 12' x 8') timber mats. After drilling is complete, mats will be removed and replaced with approximately 2,777 cubic yards of caliche gravel. CCC Project No.: 07-0274-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-582 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Dominion Exploration and Production, Inc. ; Location: The project is located along Levee Road, at the nexus of Goose Gully and Willie Slough in Big Reservoir Marsh, north of the Gulf Intracoastal Waterway, in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle maps entitled: Alligator Hole Marsh and Star Lake, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 386213; Northing: 3291659. Project Description: The applicant proposes to grade and fill a 1.89-acre pad site for drilling operations. The work includes excavation and sidecasting of 200 cubic yards of native material for ring levee construction. Thirty-eight pilings will be driven for rig support followed by placement of approximately 1000 (8'x 12' x 8') timber mats. After drilling is complete, mats will be removed and replaced with approximately 2,777 cubic yards of caliche gravel. CCC Project No.: 07-0275-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-583 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 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 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-200703800
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: August 21, 2007
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/27/07 - 09/02/07 is 18% for Consumer1 /Agricultural/Commercial 2 credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/27/07 - 09/02/07 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 09/01/07 - 09/30/07 is 8.25% for Consumer/Agricultural/Commercial credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 09/01/07 - 09/30/07 is 8.25% for Commercial over $250,000.
1 Credit for personal, family, or household use.
2 Credit for business, commercial, investment, or other similar purpose.
TRD-200703773
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: August 21, 2007
Application for Foreign Credit Union to Operate a Branch Office
Notice is given that the following application has been filed with the Credit Union Department and is under consideration:
An application was received from TruWest Credit Union, Scottsdale, Arizona to operate a Foreign (out-of-state) Branch Office at 201 University Oaks Boulevard, Round Rock, Texas 78664.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200703805
Harold E. Feeney
Commissioner
Credit Union Department
Filed: August 22, 2007
Notice is given that the following application has been filed with the Credit Union Department and is under consideration:
An application was received from Service 1st Credit Union (Greenville) seeking approval to merge with Nordstrom Sulphur Springs Federal Credit Union (Sulphur Springs), with Service 1st Credit Union being the surviving credit union.
An application was received from Horizon Credit Union (Portland) seeking approval to merge with Security Service Federal Credit Union (San Antonio), with the latter being the surviving credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200703804
Harold E. Feeney
Commissioner
Credit Union Department
Filed: August 22, 2007
Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:
An application was received from Service 1st Credit Union, Greenville, Texas to expand its field of membership. The proposal would permit persons who live or work within the boundaries of Hopkins County, Texas, to be eligible for membership in the credit union.
An application was received from America's Credit Union, Garland, Texas to expand its field of membership. The proposal would remove exclusionary language which protects the field of membership of certain occupation- or association-based credit unions that have an office in Rockwall County, Dallas County, or Collin County, Texas.
An application was received from TruWest Credit Union, Scottsdale, Arizona to expand its field of membership in Texas. The proposal would permit persons who live, work, or attend school in Williamson County, Texas, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200703803
Harold E. Feeney
Commissioner
Credit Union Department
Filed: August 22, 2007
In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:
Applications to Expand Field of Membership--Approved.
EECU, Fort Worth, Texas--See Texas Register issue dated March 30, 2007 (32 TexReg 1924).
EDS Credit Union, Plano, Texas--See Texas Register issue dated May 25, 2007 (32 TexReg 2896).
Smart Financial Credit Union, Houston, Texas--See Texas Register issue dated May 25, 2007 (32 TexReg 2896).
Application for a Merger or Consolidation--Approved.
G.H. & H. Employees Credit Union (Dickinson) and SPCO Federal Credit Union (Houston)--See Texas Register issue dated April 27, 2007 (32 TexReg 2389).
TRD-200703806
Harold E. Feeney
Commissioner
Credit Union Department
Filed: August 22, 2007
Request for Applications Concerning Early College High School Grant, Cycle 2
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-07-121 from school districts or open-enrollment charter schools and institutions of higher education to create a new Early College High School.
Eligibility Criteria. An Early College High School must meet all of the following eligibility requirements. (1) The Early College High School is an autonomous high school located on a college or university campus, within a larger high school, or on an independent campus. If a campus is proposed that would serve Grades 6 - 12, all students must be served on the same campus and a program of study must be articulated for each grade level. (2) The district in which the high school is located and the postsecondary institution on which the school is situated have entered into an agreement or adopted procedures that address the budget of the school, the sources of revenues, and the responsibilities of each partner for specific costs related to the Early College High School. (3) Joint decision-making procedures are in place to enable the high school and the higher education partner to plan and implement a coherent program across institutions. The budget for the high school reflects resources for supporting the ongoing collaboration between the high school and the higher education institution during and beyond the period of the grant. (4) The high school and the higher education partner provide academic and support services to students including, but not limited to, advisory structures, tutoring, personalized learning communities, or guidance counseling, to ensure student success in both high school and college-level coursework. Students have access to the college's facilities, resources, and services, such as sports facilities, writing centers, science labs, libraries, technology centers, and extracurricular activities as appropriate. (5) The school targets for admission students who are at risk of not graduating from high school within four years of entering ninth grade. Schools must be serving traditionally under-served populations with members of student groups who have high percentages of at-risk, economically disadvantaged students and first-time college goers. (6) Students in the Early College High School take a rigorous academic program of study that enables them to complete high school within five years of entering ninth grade and at the same time obtain an associate's degree or 60 semester credit hours toward a baccalaureate degree. An academic plan is in place in the high school showing how students will progress toward this goal. The plan lists high school, college, and dual credit courses by semester and year for each of the five years and indicates when students will satisfy district and state examination requirements. (7) If the Early College High School is not located on a college or university campus, the school has strategies and activities in place that foster a distinct college-going culture, including campus visits, enrichment programs that allow for exposure to and interaction with university faculty, or weekend, Saturday, or summer programs on the college campus.
Only one application per Early College High School may be submitted.
Description. The purpose of the Early College High School Grant is to ensure the success and sustainability of Early College High Schools, which give students who typically would not pursue postsecondary studies an opportunity to complete high school and sixty hours of college-level coursework in an academically supportive environment.
Dates of Project. The Early College High School Grant will be implemented during the 2007-2008, 2008-2009, and 2009-2010 school years. Applicants should plan for a starting date of no earlier than March 1, 2008, and an ending date of no later than May 31, 2010. Projects will not be extended beyond this date under any circumstances.
Project Amount. Funding will be provided for approximately 5 - 10 projects. For the 2007-2008 school year, each project will receive a maximum of $120,000 to plan a new Early College High School. In the second year, each project will receive a maximum of $120,000 for an Early College High School serving Grades 9 - 12 or $140,000 for an Early College High School serving Grades 6 - 12. In the third year, each project will receive a maximum of $240,000 for an Early College High School serving Grades 9 - 12 or $280,000 for an Early College High School serving Grades 6 - 12. Funding will be based on student enrollment in the district at the time of application. Project funding in the second and third years will be based on satisfactory progress of the first-year objectives and activities and on appropriations by the Texas Legislature and budget approval by the commissioner of education.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of RFA #701-07-121 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms for viewing and downloading.
Further Information. For clarifying information about the RFA, contact Dale Fowler, Division of Education Initiatives, Texas Education Agency, (512) 936-6060. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms.
Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Tuesday, October 23, 2007, to be eligible to be considered for funding.
TRD-200703808
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: August 22, 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 October 1, 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 received by 5:00 p.m. on October 1, 2007 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: 100 Century Oaks, Ltd. dba Wortham Oaks; DOCKET NUMBER: 2007-0489-MLM-E; IDENTIFIER: RN104151444; LOCATION: Bexar County, Texas; TYPE OF FACILITY: residential subdivision construction site; RULE VIOLATED: 30 Texas Administrative Code (TAC) §330.15(a)(3), Edwards Aquifer Protection Program (EAPP) Identification Number 2130.00, Special Condition Number VII, and the Code, §26.121(c), by failing to prevent the unauthorized discharge of paint over-spray wastes; 30 TAC §213.4(k) and EAPP Identification Number 2130.00, Special Condition Number II, by failing to provide operational sedimentation/filtration basins; 30 TAC §213.4(k) and EAPP Identification Number 2130.00, Standard Condition Number 6, by failing to construct and maintain silt fences and rock berms; 30 TAC §213.4(k) and EAPP Identification Number 2130.00, Standard Condition Number 6, by failing to provide sedimentation/filtration basins for use as temporary sedimentation basins during construction; 30 TAC §213.4(k) and EAPP Identification Number 2130.00, Standard Condition Number 6, by failing to install or maintain inlet protection throughout the site; 30 TAC §213.4(j)(2) and EAPP Identification Number 2130.00, Standard Condition Number 4, by failing to submit and obtain approval of modifications to an Edwards Aquifer protection plan; 30 TAC §213.4(k) and §330.15(a)(3) and EAPP Identification Number 2130.00, Standard Condition Number 6, by failing to properly install and/or maintain concrete truck washout pits; 30 TAC §213.4(k) and EAPP Identification Number 2130.00, Special Condition Number VII, by failing to comply with the approved plan by conducting unauthorized regulated activities; and 30 TAC §213.4(k) and EAPP Identification Number 2130.00, Standard Condition Number 11, by failing to remove accumulated sediments and dirt ramps from paved streets, which function as a part of the storm water drainage system; PENALTY: $33,500; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(2) COMPANY: City of Corinth; DOCKET NUMBER: 2007-0684-WQ-E; IDENTIFIER: RN101217156; LOCATION: Denton 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; PENALTY: $3,850; Supplemental Environmental Project (SEP) offset amount of $3,850 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: City of El Paso; DOCKET NUMBER: 2007-0326-MSW-E; IDENTIFIER: RN100215599; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: inactive Type I municipal solid waste landfill; RULE VIOLATED: 30 TAC §330.371(a)(2) (formerly 30 TAC §330.56(n)(1)(B)), by failing to prevent the concentration of methane gas from exceeding 5% by volume; 30 TAC §330.371(g)(3) (formerly 30 TAC §330.56(n)(7)(C)), by failing to have a landfill gas management plan that includes a backup plan; 30 TAC §330.143(b)(1)(B) (formerly 30 TAC §330.122)), by failing to post yellow landfill buffer zone markers; and 30 TAC §§205.6, 334.22(a) and 334.128(a) and the Code, §5.702, by failing to pay outstanding general permits storm water fee; PENALTY: $23,100; Supplemental Environmental Project (SEP) offset amount of $18,480 applied to Keep Texas Beautiful-Cleanup of Unauthorized Trash Dumps; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(4) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2007-0519-AIR-E; IDENTIFIER: RN100210319; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(c), Permit Number 18978/PSD-TX-752M3, Special Condition Number 1, and Texas Health & Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $40,000; Supplemental Environmental Project (SEP) offset amount of $20,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: John Nguyen and Thanh Mai Chau dba Handi Plus 47; DOCKET NUMBER: 2007-0751-PWS-E; IDENTIFIER: RN102315470; LOCATION: Spring, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement or provide an approved exception to the requirement that covers the land within 150 feet of the water system's well; 30 TAC §290.46(v), by failing to securely install all water system electrical wiring; and 30 TAC §290.41(c)(3)(O), by failing to properly protect the well unit with an intruder-resistant, locked, ventilated well house to exclude possible contamination or damage; PENALTY: $994; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2007-0581-MLM-E; IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §§106.4(c), 113.120, 122.143(4), and 335.4, 40 Code of Federal Regulations (CFR) §63.135(b), Federal Operating Permit (FOP) Number O-02288, Special Terms and Conditions Numbers 1D, 16 and 17, the Code, §26.121(c), and THSC, §382.085(b), by allowing unauthorized emissions and causing an unauthorized discharge to the soil; and 30 TAC §116.115(c) and §122.143(4), FOP Number O-01320, Special Terms and Conditions Number 13, New Source Review (NSR) Permit Number 5952A, Special Condition 1, and NSR Permit Number 19823, Special Condition Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; PENALTY: $23,775; Supplemental Environmental Project (SEP) offset amount of $11,887 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(7) COMPANY: Olney Construction Company, Inc.; DOCKET NUMBER: 2007-0650-WQ-E; IDENTIFIER: RN104900014; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: construction company; RULE VIOLATED: 30 TAC §281.25(a)(4), 40 CFR §122.26(a), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number TXR15AT05, Part III, Section F(2)(a)(ii), by failing to properly maintain storm water structural control measures according to the manufacturer's or designer's specifications; and 30 TAC §281.25(a)(4), 40 CFR §122.26(a), and TPDES Permit Number TXR15AT05, Part III, Section F(2)(a)(iv), by failing to remove accumulations of sediment from the adjacent street that escaped the construction site; PENALTY: $800; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(8) COMPANY: Pringka Corporation dba Speedys Food Store; DOCKET NUMBER: 2007-0986-PST-E; IDENTIFIER: RN104711734; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(d)(1)(B) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; PENALTY: $2,550; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: Southwestern Public Service Company; DOCKET NUMBER: 2007-0769-IWD-E; IDENTIFIER: RN100224641; LOCATION: Amarillo, Potter County, Texas; TYPE OF FACILITY: steam electric generating; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0001990000, Effluent Limitations and Monitoring Requirements Number 1 for Outfalls 001A, 005A, and 004A, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations; PENALTY: $4,320; Supplemental Environmental Project (SEP) offset amount of $1,728 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(10) COMPANY: Town & Country Food Stores, Inc. dba Town & Country 271; DOCKET NUMBER: 2007-0887-PST-E; IDENTIFIER: RN102007952; LOCATION: Big Lake, Reagan County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(iii), by failing to ensure that a valid, current TCEQ delivery certificate is posted at the facility; 30 TAC §334.50(d)(9)(A)(iii) and the Code, §26.3475(c)(1), by failing to obtain statistical inventory reconciliation analysis from the designated provider; 30 TAC §334.50(d)(9)(A)(iv) and §334.72(3)(B), by failing to report a suspected release; and 30 TAC §334.74(1), by failing to investigate a suspected release; PENALTY: $8,550; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
TRD-200703809
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 22, 2007
The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this notice of deletion of the Harvey Industries, Inc. state Superfund site (the Site) from its proposed-for-listing status on the state Superfund registry. The state registry is the list of state Superfund sites that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.
The Site was originally proposed for listing on the state registry in the May 9, 1995, issue of the Texas Register (20 TexReg 3506). The Site is located at the southeast corner of the intersection of Farm Road 2495 and Texas 31 in Athens, Henderson County, Texas. The Site included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the Site.
The Site was developed as a television cabinet and circuit board manufacturing facility in 1955. In 1973, a landfill was permitted for the facility in the location of a former clay mining pit. The landfill reportedly received sawdust, wood, cardboard, general refuse, paint sludge, and other industrial solid wastes. A hazardous waste incinerator and a fire training area were also located on the Site separate from the landfill. The waste incinerator and fire training areas, including associated groundwater impacts, were remediated by previous owners or operators of the Site prior to the Site being proposed to the state registry of Superfund sites. The hazard ranking system documentation prepared for the Site in 1994 identified potential hazards associated with the landfill and potential hazards associated with approximately 300 drums and containers of paint wastes and spent solvents located in various structures on the Site. The drums and containers of waste were removed by a third party under an agreement with the state which provided for cleanup of the on-site buildings and warehouses in exchange for the right to lease the warehouses.
From 1996 through 1998 the state conducted a remedial investigation of the Site, which determined that no hazardous substances exceeding protective concentrations were located within the landfill or soil at the Site. However, the investigation determined that arsenic, beryllium, lead, and nickel slightly exceeded protective concentrations in shallow groundwater at the Site. A 2001 draft proposal to address groundwater contamination by natural attenuation was withdrawn by the State when the protective concentration for arsenic was revised by a change in federal regulations.
Additional Site investigations conducted from 2002 through 2005 determined that landfill gas (methane) generated by the decomposition of solid waste in the landfill at the Site could have presented a future hazard to occupants of the nearby on-site buildings and could have affected the groundwater chemistry to allow the mobilization of contaminants in groundwater. Therefore, in 2006, a landfill gas venting system was installed to prevent buildup and further migration of landfill gas and to improve groundwater geochemistry.
Ongoing groundwater monitoring conducted since 2001 has demonstrated that no hazardous constituents associated with the Site remain in groundwater at levels that present a risk to human health or the environment. It is believed that natural attenuation and changes in geochemistry associated with the landfill gas venting system will prevent future occurrences of hazardous substances above protective concentrations in the groundwater associated with the Site. In one very isolated area outside the boundaries of the facility, shallow groundwater impacted by cadmium exceeds protective levels. However, this contamination is not attributable to the Site and therefore is not being addressed as part of the Site.
In accordance with 30 TAC §335.344(b), the commission held a public meeting to receive comments on the intended deletion of the Site on June 14, 2007, at the Cain Civic Center, 915 South Palestine, Athens, Texas. Most comments received into the record were addressed at the public meeting by TCEQ staff. TCEQ staff have prepared a letter that responds to one comment received into the record that was not fully addressed at the public meeting. This letter has been mailed to members of the public who attended the meeting and a copy of the letter has been placed in the public file for the Site. The complete public file, including the transcript of the meeting, may be viewed during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.
Pursuant to 30 TAC §335.344, the ED has determined that due to the removal actions that have been performed at the Site, the Site no longer presents an imminent and substantial endangerment to public health and safety or the environment.
A notice will be filed in the real property records of Henderson County, Texas stating that the Site has been deleted from the state registry. In accordance with commission rules, the Site is not appropriate for residential use.
In accordance with commission rules, notice will be recorded in the county deed records in Henderson County that an industrial solid waste landfill remains on the Site. The recorded notice will: 1) warn that no activity should be conducted which would harm the integrity of the landfill cover or the landfill gas collection system or the fence around the part of the landfill with earthen cover; 2) warn that no enclosed structure should be constructed over any part of the landfill; and 3) specify that vehicle parking and other similar activity may occur on the paved portion of the landfill as long as the paved cover is not damaged.
The TCEQ will conduct long-term operations and maintenance (O&M) activities at the Site to ensure continued function and integrity of the industrial solid waste landfill cover, the landfill gas venting system, a perimeter fence around the landfill, and groundwater monitoring wells. O&M activities will include groundwater monitoring to ensure that no future releases are associated with the solid waste in the landfill remaining on site.
All inquiries regarding the deletion of the Site should be directed to John Flores, Community Relations, telephone number 1-800-633-9363.
TRD-200703736
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 20, 2007
Notices issued August 15, 2007 through August 21, 2007.
TCEQ Internal Control No.07272007-D01; Charles Spellman, Jr., Managing Member of 93 Southview, LTD., a Texas Limited Partnership (Petitioner) filed a petition for creation of Watch Hill MUD (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, consisting of one tract, to be included in the proposed District; (2) there is one lien holder, Independent Bank of Austin, SSB, a Texas state savings bank, on the property to be included in the proposed District; (3) the proposed District will contain approximately 262 acres located in Williamson County, Texas; and (4) the proposed District is not within the extraterritorial jurisdiction of any city, town or village, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $15,500,000.
TCEQ Internal Control No. 07252007-D03; MA Sedona Lakes, LP, (Petitioner) filed a petition for creation of Sedona Lakes Municipal Utility District No. 1 of Brazoria County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land, consisting of three tracts, to be included in the proposed District; (2) there are two lien holders, E2M Value Added Fund, LP. and Capital One, National Association, on the property to be included in the proposed District; (3) the proposed District will contain approximately 500.22 acres located in Brazoria, Texas; and (4) the proposed District is wholly within the extraterritorial jurisdiction of the City of Manvel, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 2007-R-11, effective June 11, 2007, the City of Manvel, 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 $52,600,000.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
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 TCEQ, Office of the Chief Clerk, MC 105, 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-200703812
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 22, 2007
Under §26.040 of the Texas Water Code, the Texas Commission on Environmental Quality (TCEQ) proposes to renew a general permit (Texas Pollutant Discharge Elimination System Permit No. TXR150000) that authorizes discharges from construction sites into surface water in the state. The proposed general permit applies to the entire state of Texas.
PROPOSED GENERAL PERMIT. The Executive Director has prepared a draft renewal general permit that authorizes the discharge of storm water runoff associated with small and large construction sites and certain non-storm water discharges into surface water in the state. This general permit would specify which sites may be authorized under this general permit, which may obtain waivers, which may be eligible for coverage without submitting a notice of intent, and which must obtain individual permit coverage. This general permit would also authorize the discharge of storm water associated with industrial activities at construction sites that directly support the construction activity and are located at, adjacent to, or in close proximity to the permitted construction site. The significant proposed changes to the general permit include: restructured permit fees that eliminate the annual fee; fee and provisional coverage timeline incentives for electronic submittal; and a change in the definition of construction site operator. Non-storm water discharges that are not specifically listed in the general permit are not authorized by the general permit. No significant degradation of high quality waters is expected and existing uses will be maintained and protected.
The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations, and has determined that the action is consistent with applicable CMP goals and policies.
A copy of the draft general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's sixteen (16) regional offices, and are available at http://www.tceq.state.tx.us/goto/draftcgp.
PUBLIC COMMENTS/PUBLIC MEETING. You may submit public comments about this general permit in writing or orally at the public meeting held by the TCEQ. The purpose of a public meeting is to provide an opportunity to submit comments and to ask questions about the general permit. A public meeting is not a contested case hearing. The public comment period will end at the conclusion of the public meeting. The TCEQ will hold a public meeting on this general permit on Wednesday, October 3, 2007 at 1:00 p.m. at the Texas Commission on Environmental Quality, 12100 Park 35 Circle, Building E, Room 201S, Austin, Texas 78753.
Written public comments must be received by the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 by the end of the public comment period on October 3, 2007.
APPROVAL PROCESS. After the comment period, the Executive Director will consider all the public comments and prepare a written response. The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled Commission meeting when the Commission will consider approval of the general permit. The Commission will consider all public comment in making its decision and will either adopt the Executive Director's response or prepare its own response. The Commission will issue its written response on the general permit at the same time the Commission issues or denies the general permit. A copy of any issued general permit and response to comments will be made available to the public for inspection at the agency's Austin and regional offices. A notice of the Commission's action on the proposed general permit and a copy of its response to comments will be mailed to each person who made a comment. Also, a notice of the Commission's action on the proposed general permit and the text of its response to comments will be published in the Texas Register.
MAILING LISTS. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.
INFORMATION. If you need more information about the permit or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.
Further information may also be obtained by calling the TCEQ's Water Quality Division, Storm Water and Pretreatment Team, at (512) 239-4671.
TRD-200703774
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 21, 2007
The following notices were issued during the period of August 9, 2007 through August 16, 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 TCEQ, Office of the Chief Clerk, MC 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
CITY OF ARLINGTON P.O. Box 90231, Arlington, Texas 76004-3231; The University of Texas at Arlington, Box 19257, Arlington, Texas 76019-0257; and Texas Department of Transportation - Fort Worth District, P.O. Box 6868, Fort Worth, Texas 76115, which operate the City of Arlington Municipal Separate Storm Sewer System (MS4), have applied to the Texas Commission on Environmental Quality (TCEQ) for a minor amendment of existing TPDES Permit No. WQ00046350000, which authorizes storm water point source discharges to surface water in the state from the City of Arlington Municipal Separate Storm Sewer System (MS4). The MS4 is located within the corporate boundary of the City of Arlington, in Tarrant County, Texas. The discharge route is via the MS4 to various ditches and tributaries that eventually reach Lake Arlington, Joe Pool Lake, and Lower West Fork Trinity River in Segment Nos. 0828, 0838, and 0841 of the Trinity River Basin.
AQUA DEVELOPMENT, INC. has applied for a renewal of TPDES Permit No. 13870-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The facility is located 3,000 feet west by southwest from the intersection of Wilson Road and Atascocita Road; thence 2,500 feet south in the plant property between Garners Bayou and Atascocita Road; approximately 8,000 feet south of Lakeland School in Harris County, Texas.
CITY OF CANTON has applied to the TCEQ for a renewal of TPDES Permit No. WQ0010399002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,300,000 gallons per day. The facility is located approximately 4,000 feet northeast of the intersection of Interstate Highway 20 and State Highway 19 and approximately 5,000 feet northwest of the intersection of Interstate Highway 20 and Farm-to-Market Road 17 in Van Zandt County, Texas.
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC an office complex and electric service center, has applied for a renewal of TPDES permit No. WQ0004483000, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day via Outfall 001, and the discharge of cooling tower blowdown and low volume waste (floor drains) at a daily average flow not to exceed 10,000 gallons per day via Outfall 002. The facility is located at 16303 State Highway 249, immediately west of the T.H. Wharton Electric Generating Station approximately one mile southeast of the intersection of State Highway 249 and Farm-to-Market Road 1960, Harris County, Texas.
COMAL INDEPENDENT SCHOOL DISTRICT has applied to the TCEQ for a major amendment to Permit No. 14295-001, to authorize an increase in the daily average flow from 13,000 gallons per day to 27,000 gallons per day via public access subsurface low pressure dosing drainfields and to increase the acreage irrigated from 3.65 acres to 6.2 acres. The wastewater treatment facility and disposal site are located approximately 3.9 miles east of the intersection of State Highway 46 and U.S. Highway 281 in Comal County, Texas. This permit will not authorize a discharge of pollutants into waters in the State.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 148 has applied for a major amendment to TPDES Permit No. 11818-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 350,000 gallons per day to a daily average flow not to exceed 500,000 gallons per day. The facility is located at 11750 Greenspark Lane, approximately 1,600 feet south-southeast of the intersection of North Lake Houston Parkway and Kings Lake Forrest Drive in Harris County, Texas.
CITY OF HOUSTON has applied to the TCEQ for a renewal of TPDES Permit No. WQ0010495050, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,760,000 gallons per day. The facility is located at 7410 Galveston Road (State Highway No. 3) in the City of Houston in Harris County, Texas.
CITY OF HOUSTON has applied to the TCEQ for a renewal of TPDES Permit No. WQ0010495095, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 7,200,000 gallons per day. The facility is located south of the City of Alief on the south bank of Keegans Bayou; approximately 3,600 feet west of Keegan Road and 1,600 feet north of West Bellfort Avenue in Harris County, Texas.
NESTLE WATERS NORTH AMERICA INC. which operates the Wood County Bottling Plant, a manufacturing, storage and distribution bottling facility for spring water drinking products, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004812000, to authorize the discharge of process wash water, reverse osmosis reject water, cooling tower blowdown, boiler blowdown, and line and filler lubrication at a daily average flow not to exceed 150,000 gallons per day via Outfall 001. The facility is located east of County Road 3540, 2 miles northeast of Highway 14, Wood County, Texas.
RJR III REALTY LTD. has applied for a renewal of TPDES Permit No. 14302-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,000 gallons per day. The facility will be located 1,500 feet north of the intersection of U.S. Highway 59 and Aldine Mail Road; approximately 200 feet west of U.S. Highway 59 in Harris County, Texas.
SOUTH CENTRAL WATER COMPANY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014794001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 360,000 gallons per day. The facility will be located approximately 4,700 feet east-southeast of the intersection of Katy Hockley Cut-off and Beckendorff Road in Harris County, Texas.
TEXAS DEPARTMENT OF TRANSPORTATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014767001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The facility will be located on the northbound side of Interstate Highway 37, approximately 5.9 miles north of the intersection of Interstate Highway 37 and U.S. Highway 281, near the City of Three Rivers in Live Oak County, Texas.
UPPER TRINITY REGIONAL WATER DISTRICT has applied for a renewal of TPDES Permit No. WQ0014323001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day in the final phase. The application also includes a request for a temporary variance to the existing water quality standards for Total Copper. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located approximately 4,250 feet northeast of the intersection of Mar-Top Road and Naylor Road (Farm-to-Market Road 424) and approximately 6,300 feet southeast of the intersection of U.S. Highway 380 and Naylor Road (Farm-to-Market Road 424), (a site 500 feet east of Naylor Road) in Denton County, Texas.
CITY OF WEST UNIVERSITY PLACE has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 10058-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located approximately 1000 feet west of Kirby Drive between Brays Bayou and North Brayswood Street in the City of Houston in Harris County, Texas.
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 FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 to correct an administrative error by having page 1 of TPDES Permit No. WQ0012298001 replaced with page 1 of TPDES Permit No. WQ0012298002. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility will be located approximately 0.25 mile north of the intersection of Farm-to-Market Road 1093 and Katy-Gaston Road in Fort Bend 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-200703810
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 22, 2007
Notices issued August 14, 2007 through August 21, 2007.
APPLICATION NO. 12208; Trunkline Gas Company LLC, 5444 Westheimer Road, Houston, Texas 77056, Applicant, has applied for a temporary Water Use Permit to divert and use 36.94 acre-feet of water within a six month period from the Sabine River, Sabine River Basin for industrial purposes (hydrostatic testing) in Newton County. The application and partial fees were received on May 17, 2007. Additional information and fees were received on June 15, June 19, June 25, and July 23, 2007. The application was declared administratively complete and accepted for filing on July 27, 2007. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by September 10, 2007.
APPLICATION NO. 12215; Butler Family Partnership, Ltd., A Texas Limited Parternship, c/o John Lewis, 1717 West 6th Street, Suite 900, Austin, Texas 78703, and Cerco Development, Inc., c/o Vincent Musat, 221 West 6th Street, Suite 1300, Austin, Texas 78701, Applicants, have applied for a Water Use Permit to construct and maintain a dam and reservoir on an unnamed tributary of Gilleland Creek, Colorado River Basin for in-place recreational use and to use the bed and banks of the unnamed tributary of Gilleland Creek to convey groundwater downstream to the proposed dam and reservoir in Travis County. The application was received on May 31, 2007 and additional information was received on July 16, 2007. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 26, 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
APPLICATION NO. 12202; Saddle Creek Development Ltd, 751 Hwy 287 N Suite 104, Mansfield, TX 76063, Applicant, has applied for a Water Use Permit to maintain an existing dam and reservoir on Brown Branch, Trinity River Basin for in-place recreational use in Parker County. The reservoir will be kept at a constant level by use of an existing groundwater well. Fees and partial information were received on January 23, 2007. The application and additional information was received on March 28, 2007 and April 4, 2007. The application was accepted for filing and declared administratively complete on May 15, 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.
APPLICATION NO. 18-2003C; Wheatcraft, Inc., 6133 Highway 27, Center Point, Texas 78010, Applicant, has applied for an amendment to Certificate of Adjudication No. 18-2003 to divert and use an additional 100 acre-feet of contract water per year from the Guadalupe River, Guadalupe River Basin for agricultural (irrigation) and mining purposes in Kerr County based on an Upstream Diversion Contract with the Guadalupe-Blanco River Authority. The application and partial fees were received on February 20, 2007. Additional information and fees were received on April 30, 2007 and July 6, 2007. The application was accepted for filing and declared administratively complete on July 11, 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 notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. 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 "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 TCEQ, Office of the Chief Clerk, MC 105, 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-200703811
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 22, 2007
Notice of Adopted Medicaid Provider Payment Rates
Adopted Rates. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) has adopted new per diem payment rates for the nursing facility program operated by the Texas Department of Aging and Disability Services (DADS). These payment rates are based on the rates in effect August 31, 2007, plus an average 3.0 percent increase, which reflects the availability of additional appropriated state and federal funds for nursing facility services. The proposed rates and public hearing notice were published in the July 6, 2007, issue of the Texas Register (32 TexReg 4262).
The adopted payment rates, which will be effective September 1, 2007, are as follows:
Rates by TILE (Texas Index for Level of Effort) class:
Facilities participating in the Enhanced Direct Care Staff Rate will receive one of the following payment rates per day in addition to the above payment rates based upon their level of enrollment in the Enhanced Direct Care Staff Rate. Enrollment levels are indicated by the number of Licensed Vocational Nurse (LVN) equivalent minutes a facility is required to provide to avoid recoupment of enhanced funds. LVN-equivalent minutes can be provided by Registered Nurses (RNs), LVNs, Medication Aides and/or Certified Nurse Aides.
Add-on Rates by Enhancement Level:
Figure: Rates by Enhancement Level
Facilities that verify liability insurance coverage acceptable to HHSC will receive one of the following payment rates per day in addition to the above payment rates based upon the type of liability insurance coverage they maintain:
Figure: Liability Rate Insurance Rates
Methodology and Justification. The adopted rates were determined in accordance with the rate setting methodologies codified at 1 TAC Chapter 355, Subchapter C, §355.307, Reimbursement Setting Methodology; §355.308, Direct Care Staff Rate Component; and §355.312, Reimbursement Setting Methodology - Liability Insurance Costs. These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101 (relating to Introduction) and §355.109 (relating to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs). These changes are being made in accordance with the 2008-09 General Appropriations Act (Article IX, §19.82, H.B. 1, 80th Legislature, Regular Session, 2007), which appropriated $27.0 million in general revenue funds for State Fiscal Year 2008 for provider rate increases for the DADS Nursing Facility Program.
TRD-200703768
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 21, 2007
The Texas Health and Human Services Commission (HHSC) announces its intent to submit Amendment 775, Transmittal Number TX 07-016, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2007.
The amendment eliminates the 2.5 percent Medicaid payment reduction for Medicaid services delivered by Case Management for Children and Pregnant Women (CPW) providers that was implemented effective September 1, 2003. The 2.5 percent Medicaid payment reduction was implemented as a result of the 2004-05 General Appropriations Act (Article II, Special Provisions, Section 28, H.B. 1, 78th Legislature, Regular Session, 2003) and Section 2.03 of H.B. 2292, 78th Legislature, Regular Session, 2003. A 2.5 payment reduction factor was applied to Medicaid rates for Medicaid professional and outpatient facility services at the end of the claims payment process, as the last step before calculating the actual payment. The elimination of the 2.5 percent payment reduction is a result of increased appropriations under the 2008-09 General Appropriations Act (Article II, Special Provisions, §57(a)(3)(i), H.B. 1, 80th Texas Legislature, Regular Session, 2007).
The amendment also revises the reimbursement methodology used to calculate fees for this service. The current reimbursement methodology is based on cost and time study data. The revised methodology uses an analysis of relevant cost or fee surveys available to HHSC to determine the fees.
The proposed amendment is estimated to result in additional annual aggregate spending of $97,039 for the remainder of federal fiscal year (FFY) 2007, with approximately $58,980 in federal expenditures and approximately $38,059 in state general revenue expenditures. For FFY 2008, the estimated additional annual aggregate spending is $1,165,748, with approximately $705,977 in federal expenditures and approximately $459,771 in state general revenue expenditures. For FFY 2009, the estimated additional annual aggregate spending is $1,257,852, with approximately $759,994 in federal expenditures and approximately $497,858 in state general revenue expenditures.
Interested parties may obtain copies of the proposed amendment or submit written comments by contacting Guilda Roman, Rate Analyst, by mail at Rate Analysis, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1890; by facsimile at (512) 491-1998; or by e-mail at guilda.roman@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200703660
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 16, 2007
The Texas Health and Human Services Commission announces its intent to submit Amendment 797, Transmittal Number TX 07-038, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2007.
The amendment eliminates the 2.5 percent payment reduction for Medicaid services delivered by certified registered nurse anesthetists that was implemented effective September 1, 2003. The 2.5 percent payment reduction was implemented as a result of the 2004-05 General Appropriations Act (Article II, Special Provisions, Section 28, H.B. 1, 78th Legislature, Regular Session, 2003) and Section 2.03 of H.B. 2292, 78th Texas Legislature, Regular Session, 2003. A 2.5 percent payment reduction factor was applied to Medicaid rates for Medicaid professional services at the end of the claims payment process, as the last step before calculating the actual payment. The elimination of the 2.5 percent payment reduction is a result of increased appropriations under the 2008-09 General Appropriations Act (Special Provisions, Section 57(a)(3)(i), H.B. 1, 80th Texas Legislature, Regular Session, 2007).
The proposed amendment is estimated to result in additional annual aggregate expenditures for federal fiscal year (FFY) 2007 of $24,905, of which $15,137 are federal funds and $9,768 are state general revenue. For FFY 2008, the estimated additional aggregate expenditures is $316,792, of which $191,849 are federal funds and $124,943 are state general revenue. For FFY 2009, the estimated additional aggregate expenditures is $340,868, with $205,952 in federal funds, and $134,915 in state general revenue.
The amendment also eliminates high-volume provider payments for certified registered nurse anesthetists (CRNAs) effective September 1, 2007. High-volume payments for CRNAs were implemented effective January 18, 2002, as a result of increased appropriations from the 2002-03 General Appropriations Act (Article II, Special Provisions, Section 29, S.B. 1, 77th Legislature, Regular Session, 2001). The 80th Legislature did not continue the high-volume provider payment rider; rather, those general revenue funds were redistributed for other provider rate increases. There is no fiscal impact associated with ending these high-volume provider payments, which will be used to increase rates for services.
Interested parties may obtain copies of the proposed amendment or submit written comments by contacting Eileen Kreh, Rate Analyst, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1347; by facsimile at (512) 491-1998; or by e-mail at Eileen.Kreh@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200703734
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 20, 2007
The Texas Health and Human Services Commission (HHSC) announces its intent to submit Amendment 798, Transmittal Number TX 07-039, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2007.
The proposed amendment eliminates the 2.5 percent payment reduction for Medicaid services delivered by home health agencies providing home health services that was implemented effective September 1, 2003. The 2.5 percent payment reduction was implemented as a result of the 2004-05 General Appropriations Act (Article II, Special Provisions, Section 28, H.B. 1, 78th Legislature, Regular Session, 2003) and Section 2.03 of H.B. 2292, 78th Texas Legislature, Regular Session, 2003. A 2.5 percent payment reduction factor was applied to Medicaid rates for Medicaid services at the end of the claims payment process, as the last step before calculating the actual payment. The elimination of the 2.5 percent payment reduction is a result of increased appropriations under the 2008-09 General Appropriations Act (Article II, Special Provisions, Section 57(a)(3)(i), H.B. 1, 80th Texas Legislature, Regular Session, 2007).
The proposed amendment is estimated to result in an additional annual aggregate expenditure of $95,450 for the remainder of federal fiscal year (FFY) 2007, with approximately $58,015 in federal funds and approximately $37,436 in state general revenue. For FFY 2008, the estimated additional aggregate expenditure will be $1,214,125, with approximately $735,274 in federal funds and approximately $478,851 in state general revenue. For FFY 2009, the estimated additional aggregate expenditure will be $1,306,399, with approximately $789,326 in federal funds and approximately $517,073 in state general revenue.
Interested parties may obtain copies of the proposed amendment or submit written comments by contacting Nancy Kimble, Senior Rate Analyst, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1363; by facsimile at (512) 491-1998; or by e-mail at nancy.kimble@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200703735
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 20, 2007
The Texas Health and Human Services Commission (HHSC) withdraws the previously published public notice announcing its intent to submit Amendment 796, Transmittal Number TX 07-037 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The public notice was published in the August 24, 2007, issue of the Texas Register . The public notice is withdrawn in order to correct the estimated fiscal impact of the proposed changes.
HHSC hereby announces its intent to submit Amendment 796, Transmittal Number TX 07-037, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2007.
The amendment eliminates the 2.5 percent payment reduction for Medicaid services for family planning services that was implemented effective September 1, 2003. The 2.5 percent payment reduction was implemented as a result of the 2004-05 General Appropriations Act (Article II, Special Provisions, §28, H.B. 1, 78th Legislature, Regular Session, 2003) and §2.03 of H.B. 2292, 78th Texas Legislature, Regular Session, 2003. A 2.5 percent payment reduction factor was applied to Medicaid rates for Medicaid professional services at the end of the claims payment process, as the last step before calculating the actual payment. The elimination of the 2.5 percent payment reduction is a result of increased appropriations under the 2008-09 General Appropriations Act (Article II, Special Provisions, §57(a)(3)(i), H.B. 1, 80th Texas Legislature, Regular Session, 2007).
The proposed amendment is estimated to result in an additional annual aggregate expenditure of $148,752 for the remainder of federal fiscal year (FFY) 2007, with approximately $133,877 in federal funds and approximately $14,875 in state general revenue. For FFY 2008, the estimated additional aggregate expenditure is $1,892,134, with approximately $1,702,921 in federal funds and approximately $189,213 in state general revenue. For FFY 2009, the estimated additional aggregate expenditure is $2,035,937, with approximately $1,832,343 in federal funds and approximately $203,594 in state general revenue.
Interested parties may obtain copies of the proposed amendment or submit written comments by contacting James Hollinger, Rate Analyst, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1175; by facsimile at (512) 491-1998; or by e-mail at james.hollinger@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200703807
Steve Aragón
Chief Counsel
Texas Health and Human Services
Filed: August 22, 2007
Licensing Actions for Radioactive Materials
TRD-200703766
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: August 21, 2007
TRD-200703767
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: August 21, 2007
Under the authority of the Preventive Health Amendments of 1992 (see 42 United States Code §§300w et. seq), the Texas Department of State Health Services (DSHS) is making application to the U.S. Public Health Service for funds to continue the Preventive Health and Health Services Block Grant (PHHSBG) during federal fiscal year (FFY) 2008. Provisions in the Act require the chief executive officer of each state to annually furnish a description (a work plan) of the intended use of block grant funds in advance of each FFY and to furnish a description of revisions made during the fiscal year. Each state is required to hold hearings and to make proposals of these descriptions public within each state in such a manner as to facilitate comments.
In FFY 2008, six activities are proposed to be funded under the block grant. These include sexual assault prevention and crisis services, border health and colonias, behavioral risk factor surveillance system, trauma registry, local health departments, and Health Service Regions.
The PHHS Block Grant award for FFY 2007 was $4,043,849. Of this amount, $510,620 was required to be used for sexual assault prevention and crisis services.
DSHS has prepared the following schedule for the development and review of the FFY 2008 Work Plan for the PHHSBG. In September of 2007, DSHS will hold public hearings in four Health Service Regions (HSRs):
September 18, 2007
Health Service Region 7, 1100 West 49th Street, Room G102, Austin, Texas 4:00 - 6:00 p.m.
September 18, 2007
Health Service Region 6/5 South, 5425 Polk, Conference Room 4BC, Houston, Texas 9:30 a.m.
September 19, 2007
Health Service Region 11, 601 West Sesame Drive, Rockport Room, Harlingen, Texas 10:00 a.m.
September 19, 2007
Health Service Region 1, 1109 Kemper Street, Conference Room, Lubbock, Texas 4:00 - 6:00 p.m.
Following these hearings, DSHS will summarize and consider the impact of the public comments received. DSHS will then notify the public of the availability of a published summary of these hearings. In October of 2007, the department will prepare the final FFY 2008 Work Plan for the PHHSBG and forward it to the federal government.
Please note that DSHS will continuously conduct activities to inform recipients of the availability of services/benefits, the rules and eligibility requirements, and complaint procedures. Written comments regarding the PHHSBG may be submitted through September 21, 2007, to Peggy Belcher, Block Grant Coordinator, Grant Coordination & Funds Management, Texas Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756-3199, or via email at peggy.belcher@dshs.state.tx.us. For further information, call (512) 458-7111, extension 6562.
TRD-200703706
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: August 17, 2007
Multifamily Housing Revenue Bonds (Costa Clemente 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 Angleton Middle School, 1001 West Mulberry, Angleton, Brazoria County, Texas 77515, at 6:00 p.m. on September 20, 2007, with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $12,500,000 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 Clemente III, 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: 176-unit multifamily residential rental development to be located approximately the 1100 block of West Highway 35 and near the southeast corner of the intersection of West Highway 35 and Highway 288, Angleton, Brazoria 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-200703763
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 20, 2007
Application to change the name of PLAZA INSURANCE COMPANY to PLAZA INSURANCE COMPANY, INC., a foreign fire and/or casualty company. The home office is in Kansas City, Missouri.
Application to change the name of FIDELITY LIFE ASSOCIATION to FIDELITY LIFE ASSOCIATION, A LEGAL RESERVE LIFE INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Oak Brook, Illinois.
Application to change the name of KEMPER LLOYDS INSURANCE COMPANY to KEMPER INSURANCE COMPANY OF TEXAS, The company is converting from a Lloyds to a domestic fire and/or casualty company. The home office is in Austin, Texas.
Application for admission to the State of Texas by ACCIDENT INSURANCE COMPANY, INC., a foreign fire and/or casualty company. The home office is in Irmo, South Carolina.
Application for admission to the State of Texas by EMPLOYERS INSURANCE COMPANY OF NEVADA, a foreign fire and/or casualty company. The home office is in Reno, Nevada.
Application for admission to the State of Texas by UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Fort Lauderdale, Florida.
Application to change the name of NEWMARKET UNDERWRITERS INSURANCE COMPANY to ALLIED WORLD NATIONAL ASSURANCE COMPANY, a foreign fire and or casualty company. The home office is in Concord, New Hampshire.
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-200703820
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: August 22, 2007
The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.
Application of CRAWFORD & COMPANY, a foreign third party administrator. The home office is ATLANTA, GEORGIA.
Application to change the name of DISCOUNT SERVICES, INC. to DISCOUNT SERVICES, INC. (using the assumed name of HOMELAND HEALTHCARE), a domestic third party administrator. The home office is DALLAS, TEXAS.
Application to change the name and home office of AMERICAN WHOLEHEALTH NETWORKS, INC., WILMINGTON, DELAWARE to HEALTHWAYS WHOLEHEALTH NETWORKS, INC., a foreign third party administrator. The home office is DOVER, DELAWARE.
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-200703821
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: August 22, 2007
The Texas Department of Licensing and Regulation (department) proposed amendments to 16 TAC §74.10, concerning Definitions, in the August 10, 2007, issue of the Texas Register (32 TexReg 4854).
Due to an error by the Texas Register, on page 4856 incorrect text was published for §74.10(18). The corrected paragraph reads as follows:
(18) Variance, New Technology--Deferral of compliance with a requirement of the applicable ASME/ASCE Safety Codes to allow the installation of new technology if the new component, system, sub-system, function or device is found to be equivalent or superior to the standards adopted in §74.100.
The department has extended the comment period for an additional 30 days. The comment period will end on September 30, 2007.
TRD-200703823
Instant Game Number 1000 "Crocodile Cash"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1000 is "CROCODILE CASH". The play style is "key number match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1000 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 1000.
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, $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $50.00, $60.00, $200 or $1,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 1000 - 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. 1000 - 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 (1000), 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: 1000-0000001-001.
L. Pack - A pack of "CROCODILE CASH" 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 "CROCODILE CASH" Instant Game No. 1000 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 "CROCODILE CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 13 (thirteen) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to the CROC NUMBER play symbol, the player wins the PRIZE shown for that number. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 13 (thirteen) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 13 (thirteen) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 13 (thirteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 13 (thirteen) 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. There is no relation between the position of a ticket in a pack and its status (winner or non-winner).
B. Adjacent non-winning tickets within a pack will not have identical patterns. Two tickets have identical patterns if and only if they have the same symbols in the same positions.
C. There will be a random distribution of all symbols on the ticket unless affected by other constraints, play action or prize structure.
D. The non-winning prize symbols will be unique.
E. The non-winning YOUR NUMBERS symbols will be unique.
F. At least one (1) $200 prize symbol and one (1) $1,000 prize symbol will be displayed on all tickets unless otherwise restricted by the prize structure.
G. The prize amount associated with a non-winning YOUR NUMBERS position will never have the same numerical value as the corresponding YOUR NUMBERS.
H. Non-winning prize symbols will not match winning prize symbols.
I. Winning YOUR NUMBERS positions will be distributed evenly among all possible YOUR NUMBERS positions.
2.3 Procedure for Claiming Prizes.
A. To claim a "CROCODILE CASH" 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 "CROCODILE CASH" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "CROCODILE CASH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
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 "CROCODILE CASH" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "CROCODILE CASH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 1000. The approximate number and value of prizes in the game are as follows:
Figure 3: 16 TAC GAME NO. 1000 - 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. 1000 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. 1000, 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-200703813
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 22, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 1006 is "SCARY MONEY". The play style is "key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1006 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1006.
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, JACK-O-LANTERN SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000, or $20,000.
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. 1006 - 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. 1006 - 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 $200.
I. High-Tier Prize - A prize of $2,000 or $20,000.
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 (1006), 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: 1006-0000001-001.
L. Pack - A pack of "SCARY MONEY" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded 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 "SCARY MONEY" Instant Game No. 1006 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 "SCARY MONEY" 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 of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a Jack-o-lantern play symbol, the player wins DOUBLE the prize shown instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Adjacent non-winning tickets within a pack will not have identical patterns. Two tickets have identical patterns if and only if they have the same symbols in the same positions.
B. There will be a random distribution of all symbols on the ticket unless affected by other constraints, play action or prize structure.
C. There will be no more than two (2) identical non-winning prize symbols.
D. The non-winning YOUR NUMBER symbols will be unique.
E. The two (2) WINNING NUMBER symbols will be unique.
F. The Jack-O-Lantern (dbl) symbol(s) will never appear as a WINNING NUMBER.
G. At least one (1) $2,000 prize and one (1) $20,000 prize symbol will be displayed on all tickets unless otherwise restricted by the prize structure.
H. The prize amount associated with a non-winning YOUR NUMBER position will never have the same numerical value as the corresponding YOUR NUMBER.
I. The Jack-O-Lantern (dbl) symbol will only appear on intended winning tickets and only as dictated by the prize structure.
J. Non-winning prize symbols will not match winning prize symbols.
K. Winning WINNING NUMBER positions will be distributed evenly among all possible WINNING NUMBER positions.
L. Winning YOUR NUMBER positions will be distributed evenly among all possible YOUR NUMBER positions.
M. On tickets that win two (2) or more times (excluding the play spots winning with a Jack-O-Lantern (dbl) symbol), each WINNING NUMBER will be used to create winners.
2.3 Procedure for Claiming Prizes.
A. To claim a "SCARY MONEY" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $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 Section 2.3.C of these Game Procedures.
B. To claim a "SCARY MONEY" Instant Game prize of $2,000 or $20,000, 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 "SCARY MONEY" 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 "SCARY MONEY" 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 "SCARY MONEY" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1006. The approximate number and value of prizes in the game are as follows:
Figure 3: 16 TAC GAME NO. 1006 - 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. 1006 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. 1006, 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-200703814
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 22, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 1009 is "$75,000 PINBALL WIZARD". The play style is "key number match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1009 shall be $7.00 per ticket.
1.2 Definitions in Instant Game No. 1009.
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, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 44, 45, 7X, $7.00, $10.00, $11.00, $17.00, $20.00, $27.00, $49.00, $77.00, $100, $500, $577, $1,000, $7,000 and $75,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 1009 - 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. 1009 - 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 $7.00, $10.00, $11.00, $17.00 or $20.00.
H. Mid-Tier Prize - A prize of $27.00, $49.00, $70.00, $77.00, $100, $157 or $577.
I. High-Tier Prize - A prize of $7,000 or $75,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (1009), 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: 1009-0000001-001.
L. Pack - A pack of "$75,000 PINBALL WIZARD" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
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 "$75,000 PINBALL WIZARD" Instant Game No. 1009 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 "$75,000 PINBALL WIZARD" Instant Game is determined once the latex on the ticket is scratched off to expose 35 (thirty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the TARGET NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a "7X" play symbol, the player wins 7 (seven) 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 35 (thirty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 35 (thirty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 35 (thirty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 35 (thirty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Adjacent non-winning tickets within a pack will not have identical patterns. Two tickets have identical patterns if and only if they have the same symbols in the same positions.
B. There will a random distribution of all symbols on the ticket unless affected by other constraints, play action or prize structure.
C. There will be no more than two (2) identical non-winning prize symbols.
D. The non-winning YOUR NUMBER symbols will be unique.
E. The five (5) TARGET NUMBER symbols will be unique.
F. The 7X symbol will never appear as a TARGET NUMBER.
G. At least one (1) $7,000 prize and one (1) $75,000 prize symbol will be displayed on all tickets unless otherwise restricted by the prize structure.
H. The prize amount associated with a non-winning YOUR NUMBER position will never have the same numerical value as the corresponding YOUR NUMBER.
I. The 7X symbol will only appear on intended winning tickets and only as directed by the prize structure.
J. Non-winning prize symbols will not match winning prize symbols.
K. Winning TARGET NUMBER positions will be distributed evenly among all possible TARGET NUMBER positions.
L. Winning YOUR NUMBER positions will be distributed evenly among all possible YOUR NUMBER positions.
M. On tickets that win two (2) or more times (excluding the play spots winning with 7X symbol), at least two (2) TARGET NUMBERS will be used to create winners.
2.3 Procedure for Claiming Prizes.
A. To claim a "$75,000 PINBALL WIZARD" Instant Game prize of $7.00, $10.00, $11.00, $17.00, $20.00, $27.00, $49.00, $70.00, $77.00, $100, $157 or $577, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $27.00, $49.00, $70.00, $77.00, $100, $157 or $577 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$75,000 PINBALL WIZARD" Instant Game prize of $7,000 or $75,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "$75,000 PINBALL WIZARD" 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 "$75,000 PINBALL WIZARD" 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 "$75,000 PINBALL WIZARD" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1009. The approximate number and value of prizes in the game are as follows:
Figure 3: 16 TAC GAME NO. 1009 - 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. 1009 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. 1009, 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-200703815
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 22, 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 August 13, 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 Southwestern Bell Telephone L.P., d/b/a AT&T Texas for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 34626 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 34626.
TRD-200703725
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 17, 2007
The Public Utility Commission of Texas (commission) received an application on August 14, 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 Cebridge Acquisition, L.P. d/b/a Suddenlink Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 34628 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 34628.
TRD-200703726
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 17, 2007
The Public Utility Commission of Texas (commission) received an application on August 14, 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 Friendship Cable of Texas, Inc., d/b/a Suddenlink Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 34629 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 34629.
TRD-200703727
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 17, 2007
The Public Utility Commission of Texas received an application on August 15, 2007, for 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 Baldwin County Internet/DSSI Service, L.L.C. for a State-Issued Certificate of Franchise Authority, Project Number 34632 before the Public Utility Commission of Texas.
Applicant intends to provide cable and video service. The requested CFA service area includes the incorporated and unincorporated areas of Collin, Harris, Hays, Johnson, Tarrant, Travis, and Williamson Counties, 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 34632.
TRD-200703762
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 20, 2007
On August 17, 2007, Time Warner Cable filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60670. Applicant intends to reflect a change in corporate restructuring whereby it has converted its limited partnership entity to a limited liability company.
The Application: Application of Time Warner Cable for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 34646.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 6, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34646.
TRD-200703799
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 21, 2007
On August 17, 2007, El Paso Global Networks Company filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60375. Applicant intends to relinquish its certificate.
The Application: Application of El Paso Global Networks Company to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 34640.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 6, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34640.
TRD-200703798
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 21, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 16, 2007, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of GTC Global Telecom, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 34639 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service.
Applicant's requested SPCOA geographic area includes the area of Texas comprising the Dallas Local Access and Transport Area.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 6, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34639.
TRD-200703771
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 21, 2007
Notice is given to the public of a petition to reform the agreement relating to the implementation of the Senate Bill 712 Weatherization Program filed with the Public Utility Commission of Texas (commission) on July 27, 2007.
Docket Style and Number: Petition of Texas Legal Services Center and Texas Ratepayers' Organization to Save Energy to Modify the Commission's Final Order in Docket Number 32103 and to Reform the Agreement to Implement Weatherization Programs, Docket Number 34630.
The Application: Texas Legal Services Center and Texas Ratepayers' Organization to Save Energy seek to modify the final order of the commission issued in Docket Number 32103 and reform the agreement to implement weatherization programs. According to petitioners, if the agreement is not reformed to substitute another entity to perform the duties currently assigned to the Texas Department of Housing and Community Affairs (TDHCA), the agreement as it stands cannot be performed.
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 34630.
TRD-200703728
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 17, 2007
The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding dispatch priority options for excess wind resources in the ERCOT Market on Monday, September 17, 2007, at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 34577, Proceeding to Develop Policy Relating to Excess Development in Competitive Renewable Energy Zones , has been established for this proceeding. Ten days prior to the workshop the commission shall make available in Central Records under Project Number 34577 an agenda for the format of the workshop.
Questions concerning the workshop or this notice should be referred to Adrianne Brandt, Electric Industry Oversight Division, (512) 936-7384. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200703665
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 16, 2007
Request for Comments on Certain Gas Services Division, License and Permit Section Forms
The Railroad Commission of Texas requests comments on certain Gas Services Division, License and Permit Section forms as part of the proposed amendments to 16 TAC §§9.26, 13.62, and 14.2031, all entitled Insurance Requirements, published in this issue of the Texas Register. The proposed amendments to all three rules delete requirements for endorsements and add the Acord TM form as acceptable for use with the Commission. The forms are LPG/CNG/LNG Form 996A/1996A/2996A; LPG/CNG/LNG 997A/1997A/2997A; and LPG/CNG/LNG Form 998A/1998A/2998A.. The Commission is requesting comments on the proposed amendments to the three rules, as well as these proposed form changes.
3. LPG/CNG/LNG Form 998A/1998A/2998A, Certificate of Insurance General Liability (.pdf)
Comments on the proposed amendments to §§9.26, 13.62, or 14.2031, or on the proposed forms included in this notice may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication of the proposed amendments and these forms in the Texas Register, and encourages all interested persons to submit comments no later than this deadline. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Mr. Richard Gilbert at (512) 463-6935. The status of all Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
Issued in Austin, Texas, on August 14, 2007.
TRD-200703645
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: August 15, 2007
Notice of Application for a Designation as a "Texas Star Builder"
The commission adopted rules regarding the procedures for designation as a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant to §416.011, Property Code (Act effective September 1, 2003), which provides that the commission shall establish rules and procedures through which a builder can be designated as a "Texas Star Builder." The commission rules for application for designation can be found on the commission's website at www.trcc.state.tx.us.
Section 303.300(i)(2) requires the commission to publish in the Texas Register notice of the application of each person seeking to become designated as a "Texas Star Builder" registered under this subchapter. The commission will accept public comment on each application for twenty-one (21) days after the date of publication of the notice. Information provided in response to this notice will be utilized in evaluating the applicants for approval. The Texas Star Builder designation requires that a builder or remodeler demonstrate that its education, experience and commitment to professionalism sets the builder or remodeler apart from its peers and offers some assurance to its customers that its quality of service and construction will be above average.
Pursuant to 10 TAC §303.300(i)(2) the commission hereby notices the application for designation as a "Texas Star Builder" of:
Wellington Manor Homes, L.P. 17480 N. Dallas Parkway, Suite 217, Dallas, Texas 75287. Wellington Manor Homes, L.P. holds TRCC builder registration #26909. The applicant's registered agent is Steve M. Burke.
Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, The Texas Residential Construction Commission, P.O. Box 13144, Austin, Texas 78711-3144. Comments regarding this application will be accepted for twenty-one days following the date of publication of this notice in the Texas Register . Thereafter, the comments will not be considered as timely filed.
TRD-200703664
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: August 16, 2007
RFP Main 07-0025
Texas A&M University seeks proposals to assess the existing state of Information Technology (IT) services provided by the Division of Finance Computing Group at the College Station campus. The project deliverables will include a detailed assessment report and a recommendations plan inclusive of estimated cost and schedule for implementation. The recommendations are intended to deploy best practices and increase the efficiency and effectiveness of IT services provided by the department. The President of Texas A&M University has affirmed the necessity to enlist the services of consultant to assess the existing state of Information Technology (IT) services provided by the Finance Division Computing Group at the College Station campus of Texas A&M University.
Information may be obtained by contacting:
Patty Winkler, CTP, C.P.M.
Senior Buyer
Strategic Sourcing & Purchasing Services
Texas A&M University
P.O. Box 30013
College Station TX 77842-3013
or e-mail at p-winkler@tamu.edu
Selection criteria will include methodology, competence, experience, knowledge, references, qualifications, and reasonableness of price. A pre-proposal meeting has been scheduled for Monday, September 10, 2007, from 9:00 a.m. - 11:00 a.m. CST in room 401 Rudder Tower on the Texas A&M University campus. Proposals must be received on or before 2:00 p.m. CST on October 1, 2007.
TRD-200703795
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University System Board of Regents
Filed: August 21, 2007
Request for Proposals - Outside Counsel
The Texas Department of Transportation (department) requests proposals from law firms interested in providing legal representation required by the department and the Texas Transportation Commission (commission) with respect to tax exempt bond matters. The legal services provided will include the customary and necessary services of a bond counsel in connection with the issuance, sale, and delivery of bonds, notes, and other public securities on which the interest is excludable from gross income under existing federal tax law. Firms responding must demonstrate a history of providing expert bond counsel services and advice for governmental agencies, with particular emphasis on experience with the financing of transportation projects. Selection of outside counsel will be made by the department's General Counsel. The Office of the Attorney General must approve the General Counsel's selection before outside counsel may be employed.
Description: The commission has the authority under various statutes to operate several revenue bond programs. As such, the commission and the department will need the services of outside counsel with respect to the issuance of bonds and other public securities under one or more of the following programs: Transportation Code, Chapter 227, for the development of facilities and systems on the Trans-Texas Corridor; Transportation Code, Chapter 91, for the development of state-owned rail facilities; Transportation Code, §222.003, which authorizes the issuance of bonds and other public securities secured by a pledge of and payable from revenue deposited to the credit of the state highway fund, the proceeds of which can be used to fund state highway improvement projects; Transportation Code, Chapter 228, for the development of toll projects on the state highway system; Transportation Code, Chapter 201, Subchapter M, which authorizes the issuance of bonds, notes, and other public securities secured by money in the Texas Mobility Fund, the proceeds of which can be used to fund state highway improvement projects, publicly owned toll roads, and other public transportation projects; Transportation Code, §201.115, which authorizes the commission and the department to issue notes or borrow money from any source to carry out the functions of the department; Transportation Code, Chapter 222, Subchapter D, which authorizes the commission to issue bonds to provide money for the capitalization of the State Infrastructure Bank; Transportation Code, §222.035, which requires the department to establish and administer a program for private activity bonds issued for highway facilities or surface freight transfer facilities in this state; and Transportation Code, Chapter 201, Subchapter O, which authorizes the issuance of obligations secured by money in the Texas Rail Relocation and Improvement Fund, the proceeds of which can be used to pay the costs of relocating, constructing, reconstructing, acquiring, improving, rehabilitating, or expanding publicly or privately owned rail facilities.
Scope of Services: The legal services to be provided by outside counsel may include, but are not limited to, the following tasks:
A. For new issues of bonds or other obligations, outside counsel will:
(1) Prepare or assist in preparing all orders, agreements, and other instruments pursuant to which bonds or other obligations will be authorized, secured, sold, and delivered in consultation with the commission and the department, the financial advisor, underwriters and their counsel, and other consultants;
(2) Provide recommendations on the marketing of bonds or other obligations, including by negotiated sale and/or sale by competitive bids, methods for enhancing the rating, advice on bond covenants, pledge of revenues, flow of funds, legal coverage requirements, and the timing of the issue;
(3) Provide legal advice and assistance on the requirements of various financing structures (alternatives), the principal amount of bonds or other obligations to be sold, maturity schedules, bases of awarding bids, and types of sales;
(4) Represent the commission and the department in the preparation of any contract that provides for the sale of bonds or other obligations, ensuring that all participants, including underwriters and investment banking firm(s) retained by, or contracting with, the commission and the department, disclose all conflicts of interest;
(5) Request and obtain approval of the issuance of bonds or other obligations from the Office of the Attorney General and obtain the registration of the bonds or other obligations by the Comptroller of Public Accounts of the State of Texas;
(6) Assist in making presentations and required submissions and obtaining approval of the Bond Review Board, the Legislative Budget Board, and any other State entity with supervisory powers over the issuance of bonds or other obligations by the commission;
(7) Attend meetings of the commission, Bond Review Board, legislative committees, or other meetings to the extent required or requested;
(8) Attend all document sessions;
(9) Assist in presentations to the major rating agencies, credit enhancers, or prospective purchasers of bonds or other obligations to the extent requested;
(10) Render a legal opinion concerning the validity and binding nature of the bonds or other obligations under Texas law, the tax-exempt status of the interest thereon under federal income tax laws, and the status and nature of the security for the bonds or other obligations;
(11) Prepare or review any IRS filings required by federal tax law;
(12) Render written opinions of bond counsel pertaining to investment earnings and any amounts required to be rebated to the United States as excess arbitrage earnings, if any, and any other written opinions of counsel that may be required under the terms of the order authorizing the issuance of bonds or other obligations or under the Internal Revenue Code, as amended;
(13) Prepare or assist in the preparation of the Preliminary Official Statement, the Final Official Statement, or the Offering Memorandum, as applicable, for each sale, including review of the information therein describing the bonds or other obligations, the security therefore, and the federal income tax status thereof, with the understanding that bond counsel will not be expected to independently verify other data contained in the Official Statement or Offering Memorandum and that the Official Statement or Offering Memorandum may so state;
(14) Prepare certain certificates and review such other documents as are customary and necessary in order to structure and issue bonds or other obligations;
(15) Provide advice and counsel on continuing compliance with laws applicable to the issuance of bonds and other public securities, including ongoing disclosure obligations;
(16) Supervise the printing, if any, execution, and delivery of the bonds or other obligations to the purchasers, and the printing and binding of the bond transcripts and, if requested, the Offering Memorandum or the Preliminary Official Statement and the Final Official Statement;
(17) After issuance, interpret bond provisions and covenants when requested; and
(18) Provide legal support for all other matters necessary or incidental to the issuance of the bonds or other obligations.
B. Outside counsel will advise the commission and the department on the legality of proposed debt restructuring techniques.
C. Outside counsel will advise the commission and the department on legal ramifications and constraints of proposed investment transactions and the development of investment contracts and investment policies.
D. Outside counsel will advise the department on federal tax laws, especially those pertaining to federal arbitrage/rebate tax laws. It will, if requested, review and "sign off" on all calculations and methodologies undertaken by department staff and outside specialists.
E. In response to real or anticipated changes in state and federal law, regulation, or public policy, outside counsel will advise the commission and the department of the impact on bond issues and investment policy. Outside counsel shall review legislation, recommend legislative action where appropriate, and assist with drafting of legislation at both the federal and state level.
F. Outside counsel will assist in the solicitation and evaluation of proposals for public/private development of transportation projects under comprehensive development agreements and review the proposed financing plans. Outside counsel will report on the conformance of the plans with federal and state securities laws. Outside counsel will assist with the writing of all other legal documents and public notices relating to a comprehensive development agreement and assist with writing and filing all legal documents required of a public/private partnership financing by all jurisdictional governmental entities.
G. Outside counsel will assist in reviewing and commenting on agreements with the Federal Highway Administration and with political subdivisions relating to the financing of projects.
H. Outside counsel will assist in writing, issuing, soliciting, and evaluating Requests for Proposals for underwriting services, and prepare recommendations on retention of underwriters and underwriting teams.
I. Outside counsel will provide information on questions and issues posed by the commission and the department on an ad hoc basis.
Form of Response: Responses to this Request for Proposals (RFP) should include at least the following information:
A. Provide a brief history and general description of the firm, including the number of years the firm has been active in rendering bond opinions for governmental issuers. Describe how the firm is organized and how its resources will be put to work for the commission and the department. Include information relative to the capabilities and resources of its Texas offices and a listing of its Texas office resident personnel by discipline that would be assigned to department projects. Provide a synopsis of the firm's experience in providing bond counsel services to governmental issuers of tax-exempt revenue bonds, with particular attention being given to transportation project financings.
B. Qualifications.
(1) List the governmental issues for which the firm served as lead bond counsel, co-bond counsel, underwriters' counsel, or special tax counsel in the past five years. Include the name of the issuer, title of the bonds, date of the bonds, par amount of the issue, type of sale, and role the firm played. Indicate any issues for transportation projects. Specify for each issue the involvement, if any, of the attorneys who may be assigned to department projects. Tabular format is acceptable.
(2) Select one transaction from the above list that best demonstrates the firm's ability to serve the commission and the department and describe in detail the legal issues involved in the transaction and the firm's approach to the analysis. (Two page limit.)
(3) Describe any innovations the firm has developed or worked on for tax-exempt security issues, briefly describing the problem, the solution and the results.
(4) Outline the firm's experience during the past two years with the major rating agencies and note its potential applicability to the commission and the department.
(5) Describe the firm's expertise and experience in assisting public finance clients in creating new financing programs.
(6) Describe the firm's capabilities in assisting public finance clients in complying with arbitrage regulations and other tax-related requirements. Include a brief description of the firm's experience in securing private letter rulings or other rulings (other than extensions of time or other procedural matters) from the Internal Revenue Service on behalf of any public finance clients, including a representative description of the types of rulings.
(7) Describe the firm's experience with bond enhancement agreements and derivative products in bond transactions.
C. Provide resumes for those individuals who would be assigned to work on department projects, including years of bond counsel experience and number and type of bond issues. Specify who would be assigned as the primary day-to-day contact.
D. Describe efforts made by the firm to encourage and develop the participation of minorities and women in the provision of the firm's legal services generally and bond matters in particular.
E. Identify each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the department or to the State of Texas or any of its agencies. Respondents are admonished to make all practicable efforts to fully investigate, disclose, and address any conflicts of interest.
F. Confirmation of willingness to comply with the rules, policies, directives, and guidelines of the department, the commission, and the Attorney General of the State of Texas.
Information submitted in response to this RFP shall not be released by the department during the proposal evaluation process or prior to contract execution. Following execution of a contract, all proposals and the information contained therein may be subject to public disclosure under the Texas Public Information Act.
Term of the Agreement: It is anticipated that the initial contract term will be for the period November 1, 2007 through October 31, 2008, renewable at the department's option for an additional twelve months. However, the department reserves the right to shorten the term of the agreement or to make other modifications to the contract as may be required by the Office of the Attorney General. The department retains the right to negotiate all elements of the contract for legal services and to terminate the contract, for any reason, subject to prior written notice. In the event of termination, outside counsel will be paid for all services completed to the effective date of termination plus any necessary services to effectively conclude and transfer ongoing work.
Format and Person to Contact: Two copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8 1/2 by 11-inch paper with all pages sequentially numbered and either stapled or bound together. Proposals should be limited to a maximum of 30 pages. The proposal must be executed by a duly authorized representative of the law firm. All proposals become the property of the department. The proposal should be sent by mail or delivered in person, marked "Response to Request for Proposal," and addressed to General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. For questions, contact Angie Parker in the Office of General Counsel at (512) 463-8630.
Deadline for Submission of Response: All proposals must be received by the General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483, no later than 5:00 p.m. on September 28, 2007. The department has the sole discretion and reserves the right to reject any and all responses to this RFP and to cancel the RFP if it is deemed in the best interest of the department to do so.
Any proposal may be modified or withdrawn, even after the proposal is received by the department, at any time prior to the proposal due date. No material changes will be allowed following the proposal due date; however, non-substantive corrections or deletions may be made with the approval of the department.
Basis of Selection: The department will make its selection based on an evaluation of the firm's demonstrated qualifications, expertise, experience, and competence in providing bond counsel services and advice to governmental agencies, particularly with respect to transportation projects, the expertise of the attorneys that will be assigned to work on such matters, and the capabilities and resources of the firm's offices. Additionally, the department may, at its option, conduct interviews as part of the selection process. Specific evaluation criteria include the following:
A. The completeness and thoroughness of a firm's response relative to information requested in the RFP;
B. The extent and depth of the firm's qualifications, expertise, experience, reputation, and record of success in providing bond counsel services to governmental entities issuing tax exempt bonds, particularly with respect to transportation projects, including the size and number of prior bond issues and experience in complex bond financings;
C. The extent and depth of the qualifications, experience, reputation, and record of success of the attorneys that will be assigned to provide bond counsel services, particularly with respect to transportation projects; and
D. The extent to which the firm is organizationally structured to carry out the responsibilities potentially assigned to it and the effectiveness of the resources that will be assigned to the department.
Fees may not be considered and may not be indicated in responses to this RFP. The department will attempt to negotiate a contract at a fair and reasonable price with the firm(s) deemed to be the most highly qualified. If a satisfactory contract cannot be negotiated, the department reserves the right to proceed with another firm.
Issuance of this RFP in no way constitutes a commitment by the department to award a contract or to pay for any expenses incurred either in the preparation of a response to this RFP or in the production of a contract for legal services. All costs directly or indirectly related to preparation of a response to this RFP, or any oral presentation or supplement that may be required by the department, shall be borne by the responding firm.
TRD-200703772
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: August 21, 2007