Texas State Affordable Housing Corporation
Notice of Request for Proposals
Notice is hereby given of a Request for Proposals by Texas State Affordable Housing Corporation (TSAHC) for Audit, Tax and Accounting Services. Proposals will be due at the TSAHC offices in Austin by 5:00 p.m. on Friday, August 3, 2007. The Request for Proposals can be viewed and downloaded from TSAHC's web site (www.tsahc.org). Any questions about the Request for Proposals should be directed to Melinda Smith by email at msmith@tsahc.org, by fax at (512) 477-3557, or by phone at (512) 477-3555 Ext. 420.
TRD-200702943
David Long
President
Texas State Affordable Housing Corporation
Filed: July 11, 2007
Request for Qualifications for Household Hazardous Waste Pickup Event
PROJECT: Household Hazardous Waste Pickup Event--Bowie County
ISSUER: Ark-Tex Council of Governments (ATCOG)
PROJECT CONTACT: Elizabeth Layman, Environmental Resource Planner
SUBMITTAL DEADLINE: 5:00 p.m., August 31, 2007
The Ark-Tex Council of Governments (ATCOG) expects that the selected contractor will:
* Prepare and maintain schedules and budgets for pickup and disposal activities
* Conduct and oversee site and prepare technical reports including:
Review of material goods collected
Onsite collection
Cleanup, disposal, and costs thereof
Quality Assurance Project Plan in compliance with US EPA Regulations
* Provide status and financial information
* Attend meetings of ATCOG planning committees for this project
* Prepare presentation regarding project
* Develop a budget which includes plans for cleanup and disposal
The ATCOG consultant selection process will include:
* Soliciting Requests for Qualifications especially for the handling of potentially dangerous materials
* Negotiating a contract with a selected consultant to begin work immediately
SUBMIT FIVE COPIES TO:
Elizabeth Layman, Environmental Resource Planner
Ark-Tex Council of Governments
P.O. Box 5307
Texarkana, Texas 75505-5307
No electronically transmitted proposals will be accepted.
TRD-200702909
L.D. Williamson
Executive Director
Ark-Tex Council of Governments
Filed: July 9, 2007
The Texas Building and Procurement Commission (TBPC), on behalf of the Department of Family and Protective Services, announces the issuance of Request for Proposal (RFP) #303-7-11969. TBPC seeks a 5 - 10 year lease of approximately 4,241 square feet of office space in Canton, Van Zandt County, Texas.
The deadline for questions is July 27, 2007 and the deadline for proposals is July 31, 2007 at 3:00 p.m. The award date is August 10, 2007. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/bid_show.cfm?bidid=71427.
TRD-200702897
Susan Maldonado
Interim General Counsel
Texas Building and Procurement Commission
Filed: July 6, 2007
The Texas Building and Procurement Commission (TBPC), on behalf of the Texas Department of Criminal Justice, announces the issuance of Request for Proposal (RFP) #303-7-11986. TBPC seeks a 10 year lease of approximately 12,558 square feet of office space in the Garland area, East Dallas County, Texas.
The deadline for questions is July 27, 2007 and the deadline for proposals is July 31, 2007 at 3:00 p.m. The award date is August 10, 2007. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/bid_show.cfm?bidid=71428.
TRD-200702896
Susan Maldonado
Interim General Counsel
Texas Building and Procurement Commission
Filed: July 6, 2007
The Texas Building and Procurement Commission (TBPC), on behalf of the Department of Family and Protective Services (DFPS), announces the issuance of Request for Proposals (RFP) #303-8-10030. TBPC seeks a 5-10 year lease of approximately 4,037 square feet of office space in Jacksonville, Cherokee County, Texas.
The deadline for questions is July 30, 2007 and the deadline for proposals is August 6, 2007 at 3:00 p.m. The award date is August 24, 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/bid_show.cfm?bidid=71652.
TRD-200702911
Kay Molina
General Counsel
Texas Building and Procurement Commission
Filed: July 9, 2007
The Texas Building and Procurement Commission (TBPC), on behalf of the Department of Family and Protective Services (DFPS), announces the issuance of Request for Proposals (RFP) #303-8-10031. TBPC seeks a 5-10 year lease of approximately 8,219 square feet of office space in Athens, Henderson County, Texas.
The deadline for questions is July 30, 2007 and the deadline for proposals is August 6, 2007 at 3:00 p.m. The award date is August 24, 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/bid_show.cfm?bidid=71655.
TRD-200702910
Kay Molina
General Counsel
Texas Building and Procurement Commission
Filed: July 9, 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 June 29, 2007, through July 5, 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 July 11, 2007. The public comment period for this project will close at 5:00 p.m. on August 10, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: Genesis Producing Company; Location: The project is located in Aransas Bay in State Tract (ST) 199, approximately 3.5 miles southeast of Rockport, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: Rockport, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 694244; Northing: 3096628. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities. Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines for Well Nos. 1 and 2. Approximately 2,667 cubic yards of shell, crushed rock, or washed gravel would be used as a base for the drilling rig and well platform at each well site. The pads would be 240 feet long by 100 feet wide and cover approximately 24,000 square feet of area at a typical elevation of 3 feet above the bay bottom. The well platforms would replace the drilling rigs after the well is drilled and would be 7 feet by 30 feet in size and marked with lights and navigation aids as per U.S. Coast Guard regulations. Production platforms would be 70 feet by 70 feet in size and marked with lights and navigation aids as per U.S. Coast Guard regulations. A 6-inch pipeline, 1,525 feet long, would be laid between Well Nos. 1 and 2 and an additional 5,527 feet of pipeline would be laid from Well No. 2 through ST's 200, 201, and 186 to connect to the existing PI production platform in ST 186. The pipeline would be installed by jetting, and/or trenching to a minimum depth of 3 feet below the bay bottom. A designated access route to the wells with a minimum draft clearance of 2 feet would be marked by reflection PVC pipe or other suitable material and with numeric labeling. No dredging is requested. The agent states that no oysters or seagrasses were found with 500 feet of the proposed well sites or pipeline route. CCC Project No.: 07-0227-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-991 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: Jay Lack; Location: The project is located along the Gulf Intracoastal Waterway (GIWW), one-half block east of the intersection of 13th Street and Water Street, in Port O'Connor, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port O'Connor, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 753129; Northing: 3148606. Project Description: The applicant requests a modification to Department of the Army (DA) Permit 22722. The authorized purpose of the permit is use as a marine docking facility. The applicant proposes to modify the permit to change the use to a seven home single family residential area. The three piers have not been constructed; however, the applicant wants to retain that feature in the permit modification. DA Permit 22722 was issued to the permittee on 13 November 2003 with an expiration date of 31 December 2007. The permit authorized the applicant to construct approximately 390 feet of bulkhead and backfill approximately 0.59 acre of upper-salt marsh wetlands adjacent to the GIWW. In addition, three piers were authorized, each consisting of a 4-foot-wide by 67-foot-long walkway with a 6- by 48-foot terminal T-head. Four 12- by 25-foot mooring slips were authorized to be constructed on the waterward side of each T-head along with four mooring poles. The end of the boat slips were authorized to be located 150 feet from the centerline of the GIWW in water approximately 8 feet deep at mean high water. No dredging was authorized. To compensate for the impacts to 0.59 acre of wetlands the applicant excavated 1.2 acres of uplands across the GIWW from the proposed project outside the leveed area for Dredge Material Placement Area (PA) 117 and adjacent to Barroom Bay. The excavated material was authorized for placement into PA 117. The site was planted with smooth cordgrass based on 3-foot centers. The planting was completed in November 2006. The mitigation site is still under monitoring by permittee. The goal of the mitigation site is the establishment of a 1.2 acre salt marsh. No additional mitigation is proposed. CCC Project No.: 07-0231-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-218 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200702912
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 10, 2007
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/16/07 - 07/22/07 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 07/16/07 - 07/22/07 is 18% for Commercial over $250,000.
1 Credit for personal, family or household use.
2 Credit for business, commercial, investment or other similar purpose.
TRD-200702913
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 10, 2007
Certification of the Average Taxable Price of Gas and Oil
The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period April 2007, as required by Tax Code, §202.058, is $56.67 per barrel for the three-month period beginning on January 1, 2007, and ending March 31, 2007. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of April 2007, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.
The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period April 2007, as required by Tax Code, §201.059, is $6.42 per mcf for the three-month period beginning on January 1, 2007, and ending March 31, 2007. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of April 2007, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
TRD-200702899
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: July 9, 2007
The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period May 2007, as required by Tax Code, §202.058, is $57.95 per barrel for the three-month period beginning on February 1, 2007, and ending April 30, 2007. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of May 2007, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.
The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period May 2007, as required by Tax Code, §201.059, is $6.50 per mcf for the three-month period beginning on February 1, 2007, and ending April 30, 2007. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of May 2007, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
TRD-200702900
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: July 9, 2007
Notice of the Grant Writer Designation Form for the 2007 - 2008 Investment Capital Fund, Cycle 17, Competitive Grant Program
As part of the Texas Education Agency (TEA) eGrants system, the Grant Writer Designation Form has been introduced as a mechanism for identifying users who will have access to view and complete the Investment Capital Fund, Cycle 17, Grant Application. Due to the competitive nature of some grants, certain users will be designated to have access to a grant application by the superintendent or the organization's authorized official. Only the superintendent or the organization's authorized official may complete the form, and he or she must denote agreement with the authorization statement on the bottom of the form before the schedule is complete. The information submitted on the form is considered to be binding, and only the users identified on the form will have access to the grant application. The organization must select the eligible campuses so that the designated individuals will have access to the grant application.
The Grant Writer Designation Form will be available 30 days prior to publication of the grant in eGrants and must be submitted in order to gain access to the Investment Capital Fund, Cycle 17, Grant Application. The form will close 10 to 15 days before the deadline for receipt of applications, and access to the application will no longer be available if the form has not been completed and submitted.
Superintendents or organizations' authorized officials and eGrants TEA Security Environment (TEA SE) users can view the instructions for the Grant Writer Designation Form at http://www.tea.state.tx.us/opge/disc/icf_c16/grant_writer.pdf.
A TEA SE username and password are required for each user of eGrants, including authorized officials such as superintendents and executive directors who submit grant applications, employees or contractors who will assist in writing/completing applications in eGrants, and grant personnel who will be completing project progress reports in eGrants. For each user, a single TEA SE username and password is valid for all eGrants applications and is not limited to any one specific grant. To request a TEA SE username and password, or for information on how to apply for eGrants access once a TEA SE account has been established, go to http://www.tea.state.tx.us/opge/egrant/index.html.
Description of Investment Capital Fund Grant Program. The purposes of the Investment Capital Fund are (1) to assist eligible public schools to implement practices and procedures consistent with deregulation and school restructuring so as to improve student achievement, and (2) to help schools identify and train parents and community leaders who will hold the school and the school district accountable for achieving high academic standards. The primary objective of the Investment Capital Fund grant program is to improve academic performance through the following program goals: train school staff, parents, and community leaders to understand academic standards; develop and implement effective strategies to improve student performance; organize a large constituency of parents and community leaders who will hold the school and school district accountable for achieving high academic standards; and engage in ongoing planning to help ensure the success of the grant program.
Obtaining Access to the eGrants Application. This grant is available only through eGrants and may not be submitted through any other means. To access the information and requirements for this grant, enter the TEA Grant Opportunities webpage at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box select the name of the program/RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA. All applicants must complete and submit the Grant Writer Designation Form.
Further Information. For clarifying information about this notice or the RFA, contact Carlos Garza, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. 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 (FAQ) at http://burleson.tea.state.tx.us/GrantOpportunities/forms/.
TRD-200702930
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: July 11, 2007
An agreed order was entered regarding Nuraj Enterprises, Inc. dba West End Grocery, Docket No. 2004-1578-PST-E on June 28, 2007 assessing $1,600 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Marlin Bullard, Enforcement Coordinator at (254) 761-3038, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Saint-Gobain Vetrotex America, Inc., Docket No. 2004-1786-AIR-E on June 28, 2007 assessing $3,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Alcoa World Alumina LLC, Docket No. 2005-0350-AIR-E on June 28, 2007 assessing $44,426 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Nathaniel Energy Corporation, Docket No. 2005-0388-MSW-E on June 28, 2007 assessing $16,900 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512) 239-0972, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Parks and Wildlife Department, Docket No. 2005-0451-MWD-E on June 28, 2007 assessing $5,678 in administrative penalties with $1,136 deferred.
Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding The City of Cockrell Hill, Docket No. 2005-0702-PWS-E on June 28, 2007 assessing $6,525 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SAK Diamond Petroleum, LLC, Docket No. 2005-1657-PWS-E on June 28, 2007 assessing $3,175 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Robert Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Daniel Lopez and Mariciela Carrillo a/k/a Marisela Lopez, Docket No. 2005-1934-MSW-E on June 28, 2007 assessing $5,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Mark Curnutt, Staff Attorney at (512) 239-0624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Market Truck Stop Inc. dba Texas Truck Stop, Docket No. 2006-0288-PST-E on June 28, 2007 assessing $13,400 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Mark Curnutt, Staff Attorney at (512) 239-0624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Abdullah Ahmedi dba Country Boy Store 2, Docket No. 2006-0300-PST-E on June 28, 2007 assessing $14,700 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Robert Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HMW Special Utility District, Docket No. 2006-0593-MLM-E on June 28, 2007 assessing $11,011 in administrative penalties with $2,203 deferred.
Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2006-0736-AIR-E on June 28, 2007 assessing $50,147 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chet N Inc. dba Lakeside Cleaners, Docket No. 2006-0854-DCL-E on June 28, 2007 assessing $2,370 in administrative penalties with $474 deferred.
Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Lin Song dba A Plus Cleaners, Docket No. 2006-0871-DCL-E on June 28, 2007 assessing $1,185 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Savoy, Docket No. 2006-1058-MWD-E on June 28, 2007 assessing $10,400 in administrative penalties with $2,080 deferred.
Information concerning any aspect of this order may be obtained by contacting Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Nara Management, Inc. dba Nara Cleaners, Docket No. 2006-1097-DCL-E on June 28, 2007 assessing $1,185 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Mark Curnutt, Staff Attorney at (512) 239-0624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Richard R. Goody dba Rockin Texas Lounge, Docket No. 2006-1100-PWS-E on June 28, 2007 assessing $1,220 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Southwest Convenience Stores, LLC dba 7-Eleven, Docket No. 2006-1261-AIR-E on June 28, 2007 assessing $11,380 in administrative penalties with $2,276 deferred.
Information concerning any aspect of this order may be obtained by contacting Jason Kemp, Enforcement Coordinator at (512) 239-5610, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Clarksville, Docket No. 2006-1394-PWS-E on June 28, 2007 assessing $725 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chambers County, Docket No. 2006-1397-AIR-E on June 28, 2007 assessing $4,950 in administrative penalties with $990 deferred.
Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2006-1442-AIR-E on June 28, 2007 assessing $92,138 in administrative penalties with $18,428 deferred.
Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Windwood Water System, Inc., Docket No. 2006-1772-PWS-E on June 28, 2007 assessing $1,575 in administrative penalties with $315 deferred.
Information concerning any aspect of this order may be obtained by contacting Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Crims Chapel Water Supply Corporation, Docket No. 2006-1829-PWS-E on June 28, 2007 assessing $1,905 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hagg, Inc. dba Speedy Mart, Docket No. 2006-1868-PST-E on June 28, 2007 assessing $6,600 in administrative penalties with $1,320 deferred.
Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator at (512) 239-0086, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Somerville, Docket No. 2006-1883-PWS-E on June 28, 2007 assessing $760 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Tehuacana, Docket No. 2006-1888-PWS-E on June 28, 2007 assessing $1,400 in administrative penalties with $280 deferred.
Information concerning any aspect of this order may be obtained by contacting Amy Martin, Enforcement Coordinator at (512) 239-2540, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jong Oh dba J. C. Phillips, Docket No. 2006-1906-PST-E on June 28, 2007 assessing $1,050 in administrative penalties with $210 deferred.
Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Arkema Inc., Docket No. 2006-1910-AIR-E on June 28, 2007 assessing $3,950 in administrative penalties with $790 deferred.
Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ullah Brothers, Incorporated dba Sinton Travel Center, Docket No. 2006-1916-PST-E on June 28, 2007 assessing $16,000 in administrative penalties with $3,200 deferred.
Information concerning any aspect of this order may be obtained by contacting Deana Holland, Enforcement Coordinator at (512) 239-2504, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Nazir N. Chandani dba River Run Texaco, Docket No. 2006-1936-PST-E on June 28, 2007 assessing $2,250 in administrative penalties with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting Phillip DeFrancesco, Enforcement Coordinator at (817) 588-5833, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cooper Concrete Co., Docket No. 2006-1943-IWD-E on June 28, 2007 assessing $28,435 in administrative penalties with $5,687 deferred.
Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rosamond Corporation dba JRS Mart, Docket No. 2006-1950-PST-E on June 28, 2007 assessing $6,300 in administrative penalties with $1,260 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Aqua Development, Inc. dba Wilson Road Properties, Ltd., Docket No. 2006-1965-MWD-E on June 28, 2007 assessing $1,120 in administrative penalties with $224 deferred.
Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sabine Valley Pipeline Inc., Docket No. 2006-1970-AIR-E on June 28, 2007 assessing $3,750 in administrative penalties with $750 deferred.
Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Calabrian Corporation, Docket No. 2006-1972-IWD-E on June 28, 2007 assessing $4,110 in administrative penalties with $822 deferred.
Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ultra Fuel & Oil, L.L.C. dba Rio Grande Supermarket, Docket No. 2006-1979-AIR-E on June 28, 2007 assessing $1,000 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding White Oak Utilities, Inc., Docket No. 2006-1981-MWD-E on June 28, 2007 assessing $5,400 in administrative penalties with $1,080 deferred.
Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tracy L. Baccus, Docket No. 2006-1982-OSI-E on June 28, 2007 assessing $187 in administrative penalties with $37 deferred.
Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Commercial Metals Company, Docket No. 2006-1989-AIR-E on June 28, 2007 assessing $1,400 in administrative penalties with $280 deferred.
Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gregory D. Fox, Docket No. 2006-1991-LII-E on June 28, 2007 assessing $275 in administrative penalties with $55 deferred.
Information concerning any aspect of this order may be obtained by contacting Michael Limos, Enforcement Coordinator at (512) 239-5839, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hill Country Arts Foundation, Docket No. 2006-1993-PWS-E on June 28, 2007 assessing $2,840 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding C & R Distributing, Inc., Docket No. 2006-2002-AIR-E on June 28, 2007 assessing $1,100 in administrative penalties with $220 deferred.
Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding The Dow Chemical Company, Docket No. 2006-2006-AIR-E on June 28, 2007 assessing $20,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Crown Cork & Seal Company (USA), Inc., Docket No. 2006-2018-AIR-E on June 28, 2007 assessing $3,650 in administrative penalties with $730 deferred.
Information concerning any aspect of this order may be obtained by contacting Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding River Acres Water Supply Corporation, Docket No. 2006-2028-PWS-E on June 28, 2007 assessing $735 in administrative penalties with $147 deferred.
Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ConocoPhillips Company, Docket No. 2006-2030-AIR-E on June 28, 2007 assessing $10,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Glasscock County Co-Op, Docket No. 2006-2032-AIR-E on June 28, 2007 assessing $1,000 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Parks and Wildlife Department, Docket No. 2006-2037-PWS-E on June 28, 2007 assessing $450 in administrative penalties with $90 deferred.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Love's Travel Stops & Country Stores, Inc. dba Love's Country Store 214, Docket No. 2006-2041-AIR-E on June 28, 2007 assessing $2,000 in administrative penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Panorama Village, Docket No. 2006-2057-MWD-E on June 28, 2007 assessing $3,000 in administrative penalties with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Tenaha, Docket No. 2006-2090-MWD-E on June 28, 2007 assessing $5,010 in administrative penalties with $1,002 deferred.
Information concerning any aspect of this order may be obtained by contacting Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Xiu Hui Li McCulloch dba Hartwick Green Mobile Home Park, Docket No. 2006-2100-MWD-E on June 28, 2007 assessing $3,810 in administrative penalties with $762 deferred.
Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Keith Blair dba Lake Fork Marina WWTP, Docket No. 2006-2101-MWD-E on June 28, 2007 assessing $3,420 in administrative penalties with $684 deferred.
Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wise County Power Company, LP, Docket No. 2006-2105-AIR-E on June 28, 2007 assessing $1,625 in administrative penalties with $325 deferred.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Childress, Docket No. 2006-2158-MWD-E on June 28, 2007 assessing $2,800 in administrative penalties with $560 deferred.
Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rushing Paving Company, Ltd., Docket No. 2006-2229-AIR-E on June 28, 2007 assessing $2,740 in administrative penalties with $548 deferred.
Information concerning any aspect of this order may be obtained by contacting Jessica Rhodes, Enforcement Coordinator at (512) 239-2879, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cotton Center Producers, Inc. dba United Gin Company, Docket No. 2006-2234-AIR-E on June 28, 2007 assessing $1,700 in administrative penalties with $340 deferred.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding David Gonzales, Docket No. 2006-2242-OSI-E on June 28, 2007 assessing $500 in administrative penalties with $100 deferred.
Information concerning any aspect of this order may be obtained by contacting Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2007-0028-IWD-E on June 28, 2007 assessing $37,370 in administrative penalties with $7,474 deferred.
Information concerning any aspect of this order may be obtained by contacting Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Union Water Supply Corporation, Docket No. 2007-0031-MWD-E on June 28, 2007 assessing $8,550 in administrative penalties with $1,710 deferred.
Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wingate Gin Corporation dba Big Spring Gin, Docket No. 2007-0079-AIR-E on June 28, 2007 assessing $2,100 in administrative penalties with $420 deferred.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Starrville Water Supply Corporation, Docket No. 2007-0098-PWS-E on June 28, 2007 assessing $750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2007-0161-AIR-E on June 28, 2007 assessing $38,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding reddy&family inc. dba Turbo Gas, Docket No. 2007-0628-PST-E on June 28, 2007 assessing $3,500 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Irwin Co., Inc. dba I & I Plumbing Inc., Docket No. 2007-0635-PST-E on June 28, 2007 assessing $1,750 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding reddy&family inc. dba Kwick Food Mart/Turbo Gas, Docket No. 2007-0629-PST-E on June 28, 2007 assessing $3,500 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Jesus Garcia, Docket No. 2006-0078-MSW-E on June 28, 2007 assessing $3,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Mike Limos, Enforcement Coordinator at (512) 239-5839, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200702935
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 11, 2007
Notices issued July 5, 2007 through July 6, 2007.
TCEQ Internal Control No. 05292007-D11; Mehrdad Moayedi, (Petitioner) filed a petition for creation of Valencia on the Lake WCID (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 51 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states 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, Wachovia Bank National Association , on the property to be included in the proposed District; (3) the proposed District will contain approximately 448.0 acres located in Denton County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the town of Little Elm, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 765, dated June 2006, the town of Little Elm, 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 $20,695,093.
TCEQ Internal Control No. 12112006-D06; Katy-Hockley/Jack Associates L.P. (Petitioner) filed a petition for creation of Harris County Municipal Utility District No. 452 (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 TAC §293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 444.19 acres located in Harris County, Texas; and (4) the proposed District is wholly within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. Amegy Bank National Association is the only lien holder on the property to be included in the proposed District, and by separate affidavit, has consented to the creation of the proposed District. By Ordinance No. 2006-958, effective September 26, 2006, the City of Houston, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $24,000,000.
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 the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200702934
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 11, 2007
The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) in accordance with 30 TAC §294.41(i), gives notice of the completion, recommended action, and availability of the priority groundwater management area (PGMA) report entitled Updated Evaluation for the North-Central Texas, Trinity and Woodbine Aquifers, Priority Groundwater Management Study Area. In the report, the executive director recommends that the commission should designate a 13-county area as a PGMA and recommends that the creation of a regional, fee-funded groundwater conservation district represents the most feasible, economic, and practicable option for protection and management of the groundwater resources. The report was filed with the Chief Clerk of the TCEQ on June 26, 2007. The matter will be referred to the State Office of Administrative Hearings for a public hearing to be scheduled at a later date. Notice of the hearing will be provided in accordance with 30 TAC §294.42.
EXECUTIVE SUMMARY OF REPORT
This report presents the updated PGMA study for the North-Central Texas - Trinity and Woodbine aquifer area, including Collin, Cooke, Dallas, Delta, Denton, Ellis, Fannin, Grayson, Hood, Hunt, Johnson, Kaufman, Lamar, Montague, Navarro, Parker, Red River, Rockwall, Tarrant, and Wise counties. The purpose of the study is to determine if all, part, or any of this area is experiencing or is expected to experience within the next 25-year period critical groundwater problems, and to recommend feasible and practicable groundwater management solutions if shortages of surface water or groundwater are occurring or are expected to occur.
In 1990, the Texas Water Commission (TCEQ predecessor agency) determined the North-Central Texas study area was not a PGMA, but requested the issue be studied and reconsidered again in the future. TCEQ efforts to reevaluate the study area were started again in 1998 and Texas Water Development Board (TWDB) and Texas Parks and Wildlife Department (TPWD) reports were completed in 1999. Shortly thereafter, the TCEQ chose to postpone the update effort until the 2001-2002 regional and state water planning cycle was completed. State law was then amended in 2003 to require TCEQ to complete this and several other similar PGMA studies.
This study evaluates regional water resource issues and summarizes and evaluates data and information that has been developed in the North-Central Texas study area over the past 15 years. For this study, TCEQ staff have considered data and information provided by the TWDB and the 2002 State Water Plan; stakeholders in the study area; the 2001 and 2006 Region B, Region C, Brazos G, and North East Texas Regional Water Plans; the TPWD; and from independent research.
Notice of the study was mailed to approximately 1,200 water stakeholders in the study area in July 2005 to solicit comments and water supply and management data. These stakeholders included municipal, county, and state officials; entities that supply public drinking water; river authorities; planning entities; nearby groundwater conservation districts; and other environmental and occupational interest groups. The overdraft of groundwater supplies, wise use of groundwater resources, surface water quality, and potential groundwater quantity and quality impacts from booming natural gas exploration and production activities were the concerns most often voiced by the respondents. A few respondents commented that some type of groundwater management or oversight in some parts of the study area may be warranted.
From 2000 to 2030, the population of this 20-county study area is projected to increase from just over 5.5 million people to almost 9.5 million residents. An estimated 1.36 million acre-feet (acft) of water was used in the study area in 2000, and the demand for water is projected to increase to almost 1.85 million acft/year by 2010 and to almost 2.46 million acft/year by 2030. Municipal use presently accounts for and will continue to account for about 87% of the total water use over the next 25 years in the area.
About 62% of the study area's total water supply is from in-area surface water reservoirs and another 26% is from out-of-area reservoirs. The principal regional water planning group strategies to address water shortages in the study area involve existing and new in- and out-of-area surface water supplies. The development of new reservoirs and the inundation of valuable land and limited habitat are the primary water-related natural resource concerns in the study area. The new Muenster Reservoir and the proposed Lake Ralph Hall (by 2020) will inundate some riparian habitat but otherwise have little environmental impact. The proposed Lower Bois d'Arc Creek Reservoir (by 2020) would inundate moderate value wetlands and moderate quality bottomland hardwoods, and the proposed Marvin Nichols Reservoir (by 2030) would inundate high value wetlands and excellent quality bottomland hardwoods. The Marvin Nichols Reservoir would also inundate lignite deposits and oil and gas wells in the proposed pool area, and negatively impact farming, ranching, and timber interests. If constructed, these proposed reservoirs are likely to disrupt instream flows and destroy terrestrial habitat, possibly including threatened or endangered species habitat. Mitigation allowances will be necessary to set aside other land as habitat. Reservoir operations will also be modified to reduce instream flow impacts.
The Trinity and Woodbine aquifers are the primary groundwater resources in the study area, and the Blossom and Nacatoch sands provide minor amounts of water in the northeastern part of the study area. Together, these aquifers supply about 5% of the total water supply in the study area. Water-level declines including the associated reduction of artesian pressure caused by the continued removal of water from aquifer storage is a regional groundwater problem. This problem was reported in 1990 and remains the significant groundwater problem today. At present, water user groups in Ellis, Johnson, and Tarrant counties are collectively using the Trinity aquifer at quantities over regional water planning group estimates for the safe supply for each county, and water user groups in Collin, Cooke, Dallas, Denton, Fannin, Grayson, Hood, Parker, and Wise counties are using the Trinity aquifer at quantities near each county's estimated safe supply. Water user groups in Fannin and Johnson counties are also collectively using the Woodbine aquifer at quantities over the estimated safe supply for each county.
Over 200 water user groups in the study area anticipate the continued use of Trinity and Woodbine aquifer supplies at present levels and most are planning to drill supplemental or replacement wells to maintain their supply. Strategies to increase reliance on the Trinity and Woodbine aquifers have also been recommended for many water user groups in the study area. Overdrafting the Trinity aquifer through at least 2010, and adding new wells or increasing existing well production are regional water plan strategies for 41 water user groups in Collin, Cooke, Dallas, Denton, Ellis, Fannin, Grayson, Johnson, Montague, Parker, Tarrant, and Wise counties. Likewise, overdrafting the Woodbine aquifer through 2010, adding new Woodbine aquifer wells, and increasing existing Woodbine aquifer well production are regional water plan strategies for 23 water user groups in Collin, Denton, Ellis, Fannin, Grayson, and Hunt counties. Regional water plan strategies to reduce reliance on the Trinity and Woodbine aquifers are recommended for 33 water user groups in Collin, Cooke, Dallas, Denton, Ellis, Fannin, Grayson, and Wise counties. Even with these recommended reductions in pumpage or supply, the strategies to increase reliance on the Trinity and Woodbine aquifers result in collectively higher groundwater demand projections through 2010, for both aquifers and through 2030, for the Woodbine. By 2020, the reduced Trinity aquifer use strategies are projected to offset the new aquifer use strategies.
The water demands for the development of the Barnett Shale are not addressed or included in the regional water plans. Barnett Shale water use and demand projections developed in January 2007, when coupled with present groundwater use estimates, may collectively push Trinity aquifer use above the regional water plan estimates of reliable supply for Cooke, Denton, Parker, and Wise counties and add to ongoing aquifer overdraft in Ellis, Johnson, and Tarrant counties. Shortages are projected in the 2006 Region B, Region C, and Brazos G Water Plans for other mining user groups in Cooke, Denton, Hood, Johnson, Montague, Tarrant, and Wise counties. Recommended strategies to address the projected shortages include conservation, purchasing water from various suppliers, reuse of water, supplemental wells in the Trinity aquifer, overdrafting of the Trinity aquifer, and new wells in the Trinity and Woodbine aquifers.
The past and continued overdevelopment of aquifers from the continued urbanization of the area threatens water supplies for rural domestic, municipal, and small water providers who depend on groundwater resources. Some groundwater users on the fringes of the Dallas-Fort Worth urban core, including many municipalities, are or will be converting to surface water sources over the next 10 to 20 years. However, increased groundwater pumpage to keep pace with the growth around the metroplex and the growing suburban cities is anticipated to continue. Historically, regional groundwater pumpage has not lessened when local providers convert to surface water sources.
Preserving the ability to rely on the limited groundwater resource is and will remain a primary objective for remote rural water suppliers; individual businesses, industries, or landowners; and small municipalities. Protecting existing groundwater supplies is a critical issue for these groundwater users because the delivery of alternative surface water supplies will not always be economically feasible. For these reasons, it is recommended that the following counties be designated as the Northern Trinity and Woodbine Aquifers Priority Groundwater Management Area: Collin, Cooke, Dallas, Denton, Ellis, Fannin, Grayson, Hood, Johnson, Montague, Parker, Tarrant, and Wise. Critical groundwater problems are not presently occurring or projected to occur in Delta, Hunt, Kaufman, Lamar, Navarro, Red River, or Rockwall counties within the next 25-year period and these counties should not be designated as part of the recommended Northern Trinity and Woodbine Aquifers Priority Groundwater Management Area.
One or more groundwater conservation districts (GCDs) created within Collin, Cooke, Dallas, Denton, Ellis, Fannin, Grayson, Hood, Johnson, Montague, Parker, Tarrant, and Wise counties would have the necessary authority to address the groundwater problems identified in the area, and financing groundwater management activities through well production fees is concluded to be the most viable alternative. A regional groundwater conservation district for these counties would include the greatest areal extent of the Trinity and Woodbine aquifers experiencing supply problems and would be the most cost effective. From a resource protection perspective, this option would be the most efficient by allowing for a single groundwater management program that would assure consistency across the area, providing a central groundwater management entity for decision-making purposes, and simplifying groundwater management planning responsibilities related to Groundwater Management Area #8.
The remote rural water suppliers; individual businesses, industries, or landowners; and small municipalities of these counties would benefit from groundwater management programs for the Trinity and Woodbine aquifers. The groundwater management programs should have the following goals: to quantify groundwater availability and quality and understand aquifer characteristics; to identify groundwater problems that should be addressed through aquifer- and area-specific research, monitoring, data collection, assessment, and education programs; to quantify aquifer impacts from pumpage and establish an overall understanding of groundwater use through a comprehensive water well inventory, registration, and permitting program; and to evaluate and understand aquifers sufficiently to establish spacing regulations to minimize drawdown of water levels and to prevent interference among neighboring wells would benefit groundwater users in these counties.
It is recommended that a regional, fee-funded groundwater conservation district for the conservation and management of the Trinity and Woodbine aquifers in Collin, Cooke, Dallas, Denton, Ellis, Fannin, Grayson, Hood, Johnson, Montague, Parker, and Wise counties represents the most feasible, economic, and practicable option for protection and management of the groundwater resources. Alternatively, it is recommended that three multi-county, fee-funded GCDs could be created based on (1) local initiative to establish economically viable and functional districts, (2) aquifer hydrology and present and projected use, and (3) other political or location considerations.
The use and application of the permissive authority granted to municipal and county platting authorities to require groundwater availability certification under the Local Government Code can also be an effective tool to help ensure that residents of new subdivisions with homes that will rely on individual wells will have adequate groundwater resources. It is recommended that local governments consider using this groundwater management tool to address water supply concerns in rapidly developing areas.
Over 30 stakeholders, many representing counties, cities, and water suppliers, provided written comments on a December 2006, draft of this report and the executive director updated the report where new data and information was provided. The recommendation for the designation of the 13-county area was not changed because a dedicated aquifer monitoring and management program is needed to protect Trinity and Woodbine aquifer users. The recommendation for a multi-county, fee-funded GCD was refined because the Northern Trinity GCD was created in Tarrant County. The alternative recommendation for the creation of three multi-county, fee-funded GCD was added based on stakeholder comments and other local actions taken independently to create, subject to a confirmation election, the Upper Trinity GCD in Hood, Montague, Parker, and Wise counties.
REPORT AVAILABILITY
The executive director's report was filed on June 26, 2007, with TCEQ's Office of the Chief Clerk, located at 12100 Park 35 Circle, Building F, Room 1104, Austin, Texas. The report is available for public inspection at the following county clerk office locations: 200 S. McDonald, Ste. 120, McKinney; 100 S. Dixon, Gainesville; 509 Main St., Dallas; 1450 E. McKinney St., Denton; 117 W. Franklin St., Waxahachie; 101 E. Sam Rayburn Dr., Ste. 101, Bonham; 100 W. Houston, Ste. 17, Sherman; 100 W. Pearl St., Granbury; 204 S. Buffalo Ave., Cleburne; 101 E. Franklin, Montague; 1112 Santa Fe Dr., Weatherford; 100 W. Weatherford St., Fort Worth; and 200 N. Trinity, Decatur. The report is also available for inspection at the following libraries and locations: University of Texas at Arlington, 702 College St., Arlington; Dallas Public Library, 1515 Young St., Dallas; Southern Methodist University, Fondren Library, 6414 Hilltop Ln., Dallas; Texas Woman's University, Mary Evelyn Blagg-Huey Library, 1200 Frame St., Denton; University of North Texas, Willis Library, 1516 W. Highland St., Denton; Fort Worth Public Library, 500 W. Third St., Fort Worth; Texas Christian University, Mary Couts Burnett Library, 2913 Lowden St., Fort Worth; University of Texas at Dallas, Eugene McDermott Library, 2601 N. Floyd Rd., Richardson; Allen Public Library, 300 N. Allen Dr., Allen; Muenster Public Library, 418 N. Elm St., Muenster; Emily Fowler Central Library, 502 Oakland St., Denton; Ferris Public Library, 514 S. Mabel St., Ferris; Bonham Public Library, 305 E. 5th St., Bonham; Denison Public Library, 300 W. Gandy St., Denison; Hood County Public Library, 222 Travis St., Granbury; Burleson Public Library, 248 SW Johnson Ave., Burleson; Bowie Public Library, 301 W. Walnut St., Bowie; Weatherford Public Library, 1014 Charles St., Weatherford; The John A. & Katherine G. Jackson Public Library, 1700 S. FM 51, Decatur; Legislative Reference Library, Texas State Capitol Building, 1100 Congress Ave., Rm 2N.3, Austin; Texas State Library, 1201 Brazos, Austin; and, Texas A&M University - Commerce James G. Gee Library, 2600 S. Neal St., Commerce; Middle Trinity Groundwater Conservation District, 150 N. Harbin St., Ste. 434, Stephenville; Region B Water Planning Group - Red River Authority, 3000 Hammon Rd., Wichita Falls; Region C Water Planning Group - North Texas Municipal Water District, 505 E. Brown St., Wylie; Brazos G Water Planning Group - Brazos River Authority, 4600 Cobbs Dr., Waco; North East Texas Water Planning Group - Northeast Texas Municipal Water District, 4180 FM 250, Hughes Springs; TCEQ Region 3 Office, 1977 Industrial Blvd., Abilene; TCEQ Region 4 Office, 2309 Gravel Dr., Fort Worth; TCEQ Region 5 Office, 2916 Teague Dr., and on the commission's Web site at http://www.tceq.state.tx.us/permitting/water_supply/groundwater/pgma.html. Copies of the report may be obtained by contacting Mr. Kelly Mills at (512) 239-4512, by email at kmills@tceq.state.tx.us, or in writing to Mr. Kelly Mills, Texas Commission on Environmental Quality, Groundwater Planning and Assessment, MC 147, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200702917
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 10, 2007
The following notices were issued during the period of July 5, 2007 through July 6, 2007.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
AEP TEXAS NORTH COMPANY which operates the Rio Pecos Power Station has applied for a renewal of TPDES Permit No. WQ0000961000, which authorizes the discharge of cooling tower blowdown at a daily average flow not to exceed 864,000 gallons per day via Outfall 001, storm water on an intermittent and flow variable basis via Outfall 002, and storm water on an intermittent and flow variable basis via Outfall 003. The facility is located adjacent to the Upper Pecos River and 0.5 miles north of U.S. Highway 67 and approximately 3.0 miles northeast of the community of Girvin, Crockett County, Texas.
ALDINE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. WQ0012070002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located in the northeast corner of T. S. Grantham M. S. Campus at 13800 Chrisman Road, approximately 1350 feet east of Chrisman Road and approximately 1900 feet north of the intersection of Aldine Mail Road and Chrisman Road in Harris County, Texas.
CITY OF AUBREY has applied for a renewal of TPDES Permit No. 13647-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located approximately 2,000 feet west of the intersection of U.S. Highway 377 and Farm-to-Market Road 428 in Denton County, Texas.
BEECHNUT MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0012258001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,380,000 gallons per day. The facility is located 8401 Hemlock Hill Drive, approximately 1250 feet northwest of Eldridge Road and Beechnut Road and 3.4 miles southeast of the intersection of Farm-to-Market Road 1093 (Westheimer Road) and State Highway 6 in Harris County, Texas.
BLUE RIDGE WEST MUNICIPAL UTILITY DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 11553-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,000,000 gallons per day. The facility is located approximately 1.2 miles southeast of Settegast Road and Farm-to-Market Road 2234 in Missouri City in Fort Bend County, Texas.
BRIARWOOD LUTHERAN MINISTRIES has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0012605002, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility was previously permitted under TPDES Permit No. 12605-002 which expired September 1, 2006. The facility is located on Copper Canyon Road approximately one mile north of the intersection of Farm-to-Market Road 407 and Copper Canyon Road in Denton County, Texas.
CORINTHIAN POINT MUNICIPAL UTILITY DISTRICT NO. 2 has applied for a renewal of TPDES Permit No. WQ0011285001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 174,000 gallons per day. The facility is located approximately five miles northwest of the intersection of Farm-to-Market Road 1097 and Interstate Highway 45; 2,000 feet from the east shore of Lake Conroe approximately 11,000 feet north of Farm-to-Market Road 1097 and 3,000 feet south of Calvary Road in Montgomery County, Texas.
CITY OF CORPUS CHRISTI has applied for a major amendment to TPDES Permit No. WQ0010401003 to authorize the modification of the effluent limitation on copper and to remove the requirement to monitor dissolved oxygen in Oso Creek. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 16,000,000 gallons per day. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies. The facility is located at 6541 Greenwood Drive, at the intersection of State Highway 357 (Saratoga Blvd.) and Greenwood Drive, about 1.5 miles south of South Padre Island Drive in the City of Corpus Christi in Nueces County, Texas.
CITY OF CROCKETT has applied for a renewal of TPDES Permit No. WQ0010154001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The application also includes a request for continuation of a temporary variance to the existing water quality standards for Town Branch and Hurricane Bayou. The receiving waters, Town Creek and Hurricane Bayou, have both been determined to be perennial streams supporting an intermediate aquatic life use with a 4.0 mg/l dissolved oxygen criterion; however, without a variance, the final effluent limits must meet at least a high aquatic life use (5.0 mg/l DO in both streams in accordance with 30 TAC (307.4(h)(1). The temporary variance would allow time for consideration of a site specific standard which would be adopted in 30 TAC (307.10 Appendix D. The facility is located on the west bank of Town Branch; approximately 2,000 feet north of the intersection of the Missouri-Pacific Railroad with State Loop 304 in Houston County, Texas.
DOUBLE DIAMOND UTILITIES CO. has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014783001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility will be located approximately 3.8 miles east of the community of Dexter and 12 miles north of the City of Whitesboro in Grayson County, Texas.
ENTERPRISE PRODUCTS OPERATING L.P. which operates a natural gas liquids fractionator, has applied for a major amendment to TPDES Permit No. WQ0002940000 to request a change in the limitations and monitoring requirements for Copper via Outfall 002. The current permit authorizes the discharge of treated process wastewater, treated storm water, cooling tower blowdown, and filter backwash at a daily average flow not to exceed 213,000 gallons per day via Outfall 001; non-contact cooling water, cooling tower blowdown and filter backwash at a daily average flow not to exceed 250,000 gallons per day via Outfall 002; and storm water on an intermittent and flow variable basis via Outfall 003. The facility is located at 10207 Farm-to-Market Road (FM) 1942 (approximately one mile west of State Highway 146, bounded on the west side by Hatcherville Road, on the east side by the Southern Pacific Railroad, on the north by the CIWA Canal, and on the south by FM 1942), in the City of Mont Belvieu, Chambers County, Texas.
CITY OF EUSTACE has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014789001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 125,000 gallons per day. The facility is located approximately 800 feet east of the intersection of Cornelius Lane and Smith Street, southeast of midtown Eustace in Henderson County, Texas.
FM 1417 LTD. has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014788001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 9,000 gallons per day. The facility was previously permitted under TPDES Permit No. 13325-001 which expired on December 1, 2005. The facility is located approximately 1,000 feet west and 1,800 feet north of the intersection of Farm-to-Market Road 1417 and Farm-to-Market Road 691 in Grayson County, Texas.
GULF REDUCTION CORPORATION which operates the Zinc Dust Division, a zinc dust manufacturing facility, has applied for a renewal of TPDES Permit No. WQ0003751000, which authorizes the discharge of storm water associated with industrial activity on an intermittent and flow variable basis via Outfall 001. The facility is located at 6020 Esperson Street, approximately 0.10 miles east of the intersection of Esperson Street and Greenwood Street in the City of Houston, Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 200 has applied for a renewal of TPDES Permit No. WQ0012294001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,440,000 gallons per day. The facility is located at 13035 Kuykendahl Road approximately 4000 feet northwest of the intersection of Interstate Highway 45 and Rankin Road in Harris County, Texas.
CITY OF HOUSTON has applied for a renewal of TPDES Permit No. 10495-023, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility is located at 5565 Kirkpatrick in the City of Houston in Harris County, Texas.
CITY OF HUNTSVILLE has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 10781-004, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located on Farm-to-Market Road 1374, approximately four miles south of the intersection of Interstate Highway 45 and Farm-to-Market Road 1374 in Walker County, Texas.
IGLOO PRODUCTS CORP. which operates a plastic container manufacturing plant, has applied for a renewal of TPDES Permit No. WQ0002229000, which authorizes the discharge of cooling tower blowdown, treated domestic wastewater, oil/water separator wastewater, and storm water on a continuous and flow variable basis via Outfall 001. The facility is located at 30603 Katy-Brookshire Road adjacent to and south of U.S. Highway 90, approximately 750 feet west of the Willow Fork of Buffalo Bayou, Waller County, Texas.
J&S WATER COMPANY, L.L.C. has applied for a renewal of TPDES Permit No. 12342-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 45,000 gallons per day. The facility is located approximately 800 feet north of Zaka Road, west of Windfern Road at the southeast corner of Maple Leaf Gardens in Harris County, Texas.
MARTIN PRODUCT SALES LLC 300 Christi Place, South Houston, Texas 77587, which operates Martin Asphalt-South Houston Plant, has applied for a renewal of TPDES Permit No. WQ0001058000, which authorizes the discharge of utility wastewater and storm water (process wastewater) at a daily average flow not to exceed 60,000 gallons per day via Outfall 001. The facility is located at 300 Christi Place, approximately 500 feet southeast of the intersection of State Highway 3 and College Street, in the City of South Houston, Harris County, Texas.
MESA VINEYARDS, L.P. which operates the St. Genevieve winery, has applied for a major amendment to Permit No. WQ0003177000 to authorize a change in seasonal arrangements and an increase in the daily average flow to 6,000 gallons per day for the months of November through March, 5,750 gallons per day for the months of April through June and 16,500 gallons per day for the months of July through October via evaporation. The current permit authorizes the disposal of treated process wastewater and domestic wastewater, at a daily average flow not to exceed 5,000 gallons per day for the months of October through June and 14,000 gallons per day for the months of July through September via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and evaporation ponds are located 25 miles east of the City of Fort Stockton on U.S. Interstate Highway 10, 1.5 miles south of exit marker 285, Pecos County, Texas.
MOTIVA ENTERPRISES LLC which operates a petroleum bulk storage terminal has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004813000 to authorize the discharge of steam condensate, hydrostatic test water, and storm water associated with industrial activity on an intermittent and flow variable basis via Outfalls 001, 002, and 003. The facility is located at 100 East Port Neches Avenue on the east side of Highway 136 between Highway 366 and the Neches River, in the City of Port Arthur, in Jefferson County, Texas.
NATIONAL OILWELL VARCO, L.P. which operates an oil and gas field equipment manufacturing and refurbishing facility, has applied for a renewal of TPDES Permit No. WQ0003994000, which authorizes the discharge of treated process wash water, domestic wastewater, and storm water at a daily average flow not to exceed 50,000 gallons per day via Outfall 001. The draft permit authorizes the discharge of treated process wash water and domestic wastewater at a daily average flow not to exceed 50,000 gallons per day via Outfall 001. The facility is located at 12950 West Little York Road, approximately one-quarter mile northwest of the intersection of Addicks Fairbanks Road and West Little York Road, Harris County, Texas.
NEW CANEY MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0012274001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility is located approximately 0.4 mile east and 1.6 miles south of the intersection of Caney Creek and State Highway 59 in Montgomery County, Texas.
CITY OF NOCONA has applied for a renewal of TPDES Permit No. 10355-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 126,000 gallons per day. The facility is located on the north side of Locust Street, approximately 0.75 mile northwest of the intersection of U.S. Highway 82, State Highway 175, and Farm-to-Market Road 103 in Montague County, Texas.
NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a major amendment to TPDES Permit No. WQ0010221001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 25,000,000 gallons per day to an annual average flow not to exceed 41,000,000 gallons per day. The facility is located approximately 0.5 mile south of the intersection of Lawson Road and Cartwright Road in the southeast portion of the City of Mesquite in Dallas County, Texas.
NORTH TEXAS MUNICIPAL WATER DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. 14245-001 to authorize the relocation of the point of discharge from the unnamed tributary to Panther Creek. The applicant has also requested seasonal effluent limits for Carbonaceous Biochemical Oxygen Demand and Ammonia Nitrogen. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 10,000,000 gallons per day. The facility will be located approximately one mile south of U.S. Highway 380 and 10,000 feet west of the Collin-Denton County Line on the south side of Panther Creek in Denton County, Texas.
OCEANEERING INTERNATIONAL, INC. has applied for a renewal of TPDES Permit No. 12466-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility is located adjacent to Farm-to-Market Road 529 (Spencer Road), approximately one mile west of the intersection of Farm-to-Market Road 529 and U.S. Highway 290 in the City of Houston in Harris County, Texas.
ORANGE COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a renewal of TPDES Permit No. 10875-004, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 670,000 gallons per day. The facility is located approximately 300 feet northwest of the intersection of Oak Lane and Ferndale Street in the City of Vidor in Orange County, Texas.
ORANGEFIELD WATER SUPPLY CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014772001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility will be located west of the City of Pinehurst and northwest of Bridge City, bounded on the north by Farm-to-Market Road 105, to the west by Farm-to-Market Road 408 (west boundary is approximately 276 feet from the center of Farm-to-Market Road 408) and to the south by Cormier Lane in Orange County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
OXBOW CARBON & MINERALS LLC which operates a facility which stores and loads petroleum coke and coal, has applied for a major amendment to TPDES Permit No. WQ0002670000, to authorize expansion of the existing drainage ditches servicing the east and west stockpile areas; a new outlet structure that drains from Pond No. 1; and a modification of the requirement that all settling ponds shall be maintained such that the runoff from a 10-year 24-hour storm event can be contained to a requirement that all settling ponds shall be maintained such that the runoff from a 10-year 24-hour storm event can be treated. The current permit authorizes the discharge of storm water runoff, dust suppression water, and truck wash water on an intermittent and flow variable basis via Outfall 001. The facility is located on Loop 197 South, approximately 500 feet west of the Dock 40-41 Complex in the City of Texas City, Galveston County, Texas.
P CHEM, Inc. which operates a batch process chemical manufacturing facility primarily producing oilfield chemicals, has applied for a renewal of TPDES Permit No. WQ0002393000, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfall 001. The facility is located immediately west of the intersection of Farm-to-Market Road 2663 and U.S. Highway 287 North, at 100 Old Latexo Road in the City of Latexo, Houston County, Texas.
PINE COVE, INC. has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014779001, 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 3.3 miles southeast of the intersection of State Highway 71 and Farm-to-Market Road 2503 in Colorado County, Texas.
PWT ENTERPRISES, INC. which operates King Kleen Car Wash, an automatic car wash, has applied for a renewal of TPDES Permit No. WQ0002642000, which authorizes the discharge of settled and equalized wastewater at a daily average flow not to exceed 3,000 gallons per day via Outfall 001. The facility is located at 1956 North Park Drive (in the rear of the Kingwood subdivision) which is about 1.5 miles east of U.S. Highway 59, Montgomery County, Texas.
SHELL OIL COMPANY AND DEER PARK REFINING LIMITED PARTNERSHIP which operates a petroleum refinery, has applied for a major amendment to TPDES Permit No. WQ0000403000 to authorize the reduction of monitoring frequencies for pollutants at Outfall 007; and to remove effluent monitoring requirements for copper at Outfalls 001, 002, 004, and 009. The current permit authorizes the discharge of utility wastewaters and storm water at a daily average dry weather flow not to exceed 2,300,000 gallons per day via Outfall 001; fire water and storm water on an intermittent and flow variable basis via Outfalls 002, 003, 004, 006, 008, 009; and treated process, sanitary, ballast, and utility wastewaters, and storm water at a daily average flow not to exceed 9.25 MGD via Outfall 007. The facility is located at 5900 State Highway 225, south of the Houston Ship Channel, west of Patrick Bayou, and north of State Highway 225 at Center Street in the City of Deer Park, Harris County, Texas.
SUNOCO PARTNERS MARKETING & TERMINALS, L.P. which operates Nederland Marine Terminal, has applied for a renewal of TPDES Permit No. WQ0001151000, which authorizes the discharge of treated ballast water, other terminal wastewaters, hydrostatic test water, and storm water at a daily maximum flow not to exceed 3,000,000 gallons per day via Outfall 001, and storm water on an intermittent and flow variable basis via Outfalls 002, 003, 004, and 005. The facility is located approximately one mile north of the City of Nederland and north of the intersection of State Highway 347 and Farm-to-Market Road 366, Jefferson County, Texas.
TEXAS TILE MANUFACTURING LLC which operates a floor tile manufacturing plant, has applied for a renewal of TPDES Permit No. WQ0000785000, which authorizes the discharge of process wastewater, utility wastewater, and storm water runoff on a continuous and flow variable basis via Outfall 001; and stormwater runoff on an intermittent and flow variable basis via Outfall 002. The facility is located at 1705 North Oliver Street in the City of Houston, Harris County, Texas.
TIN INC. which operates the Diboll Complex, a wood and wood products manufacturing complex, has applied for a renewal of TPDES Permit No. WQ0001153000, which authorizes the discharge of treated process wastewater and storm water at a daily average flow not to exceed 170,000 gallons per day via Outfall 001; the discharge of remediated ground water, utility wastewater, log deck spray water, external kiln condensate, wash water, and fire suppression water from a Regenerative Thermal Oxidizer (RTO) unit, and storm water runoff on an intermittent and flow variable basis via Outfall 003; boiler blowdown, cooling tower blowdown, steam condensate, miscellaneous washdown water, wash water and fire suppression water from a RTO unit, and storm water runoff on an intermittent and flow variable basis via Outfall 004; and storm water runoff from the plywood plant area on an intermittent and flow variable basis via Outfall 006. The draft permit authorizes the discharge of treated process wastewater and storm water at a daily average flow not to exceed 170,000 gallons per day via Outfall 001; remediated ground water, utility wastewater, log deck spray water, external kiln condensate, fire control water from Lumber and Fiber Products operations and boiler areas, storm water runoff, excess reclaimed waters from the City of Diboll WWTP, wash water from an RTO unit, and occasional Outfall 004 wastewaters on a flow variable basis via Outfall 003; ; boiler blowdown, cooling tower blowdown, steam condensate, miscellaneous washdown water, wash water and fire suppression water from an RTO unit, and fire control water from Particleboard Operations, and storm water runoff on an intermittent and flow variable basis via Outfall 004, and storm water runoff from the north end of the laminating area and portions of the lumber operating area on an intermittent and flow variable basis via Outfall 006. The facility is located approximately 0.25 miles west of U.S. Highway 59, at the southwest quadrant of the intersection of Borden Drive and 1st Street, in the City of Diboll, Angelina County, Texas.
CITY OF VAN ALSTYNE has applied for a renewal of TPDES Permit No. WQ0010502001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located 0.4 miles south of Farm-to-Market Road 121 and 1.55 miles east of the intersection of State Highway 5 and Farm-to-Market Road 121 in Grayson County, Texas.
VOPAK LOGISTICS SERVICES USA INC. which operates the Vopak Logistics Services USA, a rail car/tank truck cleaning operation and commercial waste disposal facility, has applied for a minor amendment to authorize the removal of a secondary biological treatment/clarification process from the wastewater treatment system (WWTS) without altering the permitted discharge limits. The existing permit authorizes the discharge of treated process wastewater, treated domestic wastewater, and storm water at a daily average flow not to exceed 300,000 gallons per day via Outfall 001. The daily maximum flow shall not exceed 810,00 gallons per day. The facility is located at 2759 Battleground Road in the City of Deer Park, Harris County, Texas.
WAL-MART STORES EAST, LP which operates a Wal-Mart warehouse distribution center, has applied for a renewal of TPDES Permit No. WQ0003597000, which authorizes the discharge of treated domestic wastewater and washdown water via Outfall 001 at a daily average flow not to exceed 30,000 gallons per day. The facility is located immediately north of U.S. Highway 79/84, east of Farm to Market Road 645 and west of County Road 2206, approximately seven miles southwest of the City of Palestine, Anderson County, Texas.
WE HEREFORD, LLC which proposes to operate an ethanol production facility, has applied for a new permit, Proposed Permit No. WQ0004827000 to authorize the disposal of cooling tower blowdown, boiler blowdown, and water treatment wastes at a daily average flow not to exceed 78,000 gallons per day via evaporation. The disposal site will consist of three evaporation ponds with a combined surface area and storage capacity of 23.49 acres and 58.3 acre-feet, respectively. This permit will not authorize a discharge of pollutants into water in the State. The facility will be located southeast of the intersection of Progressive Road and State Highway 60, Deaf Smith Texas. The proposed evaporation ponds are located offsite, approximately 1,000 feet south of the intersection of County Road 6A and FM Road 2943, Deaf Smith 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-200702933
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 11, 2007
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on July 6, 2007, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Clear Lake City Water Authority dba Robert T. Savely Water Reclamation Facility; SOAH Docket No. 582-07-0105; TCEQ Docket No. 2005-2018-MWD-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Clear Lake City Water Authority dba Robert T. Savely Water Reclamation Facility on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.
TRD-200702936
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 11, 2007
STATE OF TEXAS
TEXAS GENERAL LAND OFFICE
JERRY E. PATTERSON, COMMISSIONER
IN RE: MODU Zeus
EMERGENCY ORDER
The Commissioner of the Texas General Land Office makes the following Findings of Fact and Conclusions of Law in support of this Emergency Order providing for the removal of the Mobil Offshore Drilling Unit Zeus (MODU Zeus) from state-owned submerged land in Brazoria County, Texas, pursuant to the authority granted in Texas Natural Resources Code §40.108.
Findings of Fact
1. The MODU Zeus is a wrecked, derelict, or substantially dismantled vessel that has been moored or left in place on state-owned submerged lands within the Freeport Ship Channel in Brazoria County, Texas, without the consent of the Commissioner. The deteriorated and dilapidated condition of the MODU Zeus renders it unfit for its intended purpose, renders it unsafe due to falling debris and the potential discharge of oil, and constitutes a threat to public health, safety, or welfare.
2. The MODU Zeus has contaminated coastal public waters with oil. Approximately 848,000 gallons of oily/water mixture were filtered and discharged into the water, 307,700 gallons of oily/water mixture were disposed of offsite, and 237 cubic yards of sludge and debris were removed from the MODU Zeus as result of a clean-up project conducted by ESCO Marine, Inc., on behalf of Sanship, Inc., owner of the vessel.
3. The MODU Zeus has the immediate potential to further contaminate coastal public waters with oil as demonstrated by the continued discharge of oil from the MODU Zeus and the presence of oil and other hazardous substances remaining on the MODU Zeus despite the response activities undertaken by Sanship, Inc.
4. The U. S. Coast Guard has determined that collapse of the MODU Zeus represents a significant threat to navigation in the Freeport Ship Channel under severe weather conditions such as a hurricane or tornado. The economic impact to various port operations, including those of Conoco-Phillips Freeport, Dow Chemical Freeport, BASF Freeport, Port Freeport, would be significantly impacted if the MODU Zeus blocked deep draft vessel traffic in the Freeport Ship Channel.
Conclusions of Law
1. Texas Natural Resources Code §40.108 prohibits a person from leaving, abandoning, or maintaining any structure or vessel in a wrecked, derelict, or substantially dismantled vessel or structure in coastal public waters of the State of Texas if the commissioner finds the vessel or structure to be:
(1) involved in an actual or threatened unauthorized discharge of oil;
(2) a threat to public health, safety, or welfare;
(3) a threat to the environment; or
(4) a navigation hazard.
2. The MODU Zeus constitutes a potential source of an unauthorized discharge of oil, an imminent and unreasonable threat to public safety, health or welfare, a threat to the environment, and a hazard to navigation. Texas Natural Resources Code §40.108 authorizes the Commissioner to remove and dispose of or contract for the removal and disposal of such structures or vessels and to recover costs of removal and disposal from the owner or operator of the vessel or structure.
3. Title 31, Texas Administrative Code §17.44 authorizes the Commissioner to issue an order with an immediate effective date if an imminent peril to public health, safety, or welfare requires immediate effect of an order. The Findings of Fact and Conclusions of Law that the MODU Zeus constitutes a dangerous structure, an imminent and unreasonable threat to public safety, health or welfare, and a hazard to navigation, as set forth herein, require immediate effect of an order for removal of the MODU Zeus . No hearing is required prior to removal of a vessel or structure that is involved in an actual or threatened unauthorized discharge of oil.
It is accordingly ORDERED that:
1. The MODU Zeus shall be removed from state-owned submerged land and disposed of in a manner consistent with Texas Natural Resources Code §40.108. The owner and operator of the structure shall be liable for the costs of removal and disposal of the MODU Zeus and shall pay fines, penalties, fees, and expenses assessed on account of any further unauthorized discharge of oil from the MODU Zeus resulting from its removal and disposal.
2. This order is final and effective from and after the date signed. Should any part of this Emergency Order be determined by a court of competent jurisdiction to be invalid, the validity of the remaining parts of the Emergency Order shall remain unaffected.
SIGNED and effective this 5th day of July, 2007, in Austin, Texas.
JERRY E. PATTERSON
Commissioner, General Land Office
CERTIFICATE OF SERVICE
I, the undersigned, do hereby certify that a copy of this Order was placed in the U.S. Mail, postage prepaid, addressed to Emilio M. Sanchez, President of Sanship, Inc., P.O. Box 3111, Brownsville, Texas 78523, on the 5th day of July, 2007.
TRD-200702918
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: July 10, 2007
Pursuant to §33.136 of the Natural Resources Code, notice is hereby given that Jerry Patterson, Commissioner of the General Land Office, approved a coastal boundary survey, Galveston County, Art.33.136 Sketch No. 47, submitted by Sidney Bouse, a Licensed State Land Surveyor, conducted in June 2006, locating the following shoreline boundary:
Isla Del Sol subdivision MHW survey of part of Section 4 of the Trimble and Lindsey survey of Galveston Island and being the Northerly shoreline of Isla Del Sol subdivision. For a copy of this survey contact Archives & Records, Texas General Land Office at (512) 463-5277.
TRD-200702926
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: July 11, 2007
Notice of Public Hearing on Proposed Medicaid Payment Rates
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on August 7, 2007, at 9:00 a.m. to receive public comment on proposed rates for the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) waiver programs. The HCS and TxHmL programs are operated by the Texas Department of Aging and Disability Services (DADS). The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. HHSC proposes to adjust the rates for the HCS and TxHmL programs. The proposed payment rates will be available for public review on July 24, 2007. The proposed rates will be effective September 1, 2007.
Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodology codified at Texas Administrative Code (TAC) Title 1, Chapter 355, Subchapter F, §355.723, Reimbursement Methodology for Home and Community-Based Services (HCS), as proposed to be amended, and §355.791, Reporting Costs and Reimbursement Methodology for the Texas Home Living (TxHmL) Program. The proposed amendment of §355.723, which appeared in the July 6, 2007, issue of the Texas Register , requires that the current modeled rates be updated based on audited cost reports to the extent possible within available appropriations. 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 II, Special Provisions, Section 57, H.B. 1, 80th Legislature, Regular Session, 2007), which appropriated funds to DADS for the State Fiscal Year 2008-2009 biennium for Medicaid rate increases for the HCS and TxHmL programs.
Briefing Package. A briefing package describing the proposed payment rates will be available on July 24, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200702927
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 11, 2007
Licensing Actions for Radioactive Materials
TRD-200702931
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: July 11, 2007
Notice of Request for Qualifications for Special Deputies
RFQ-SDR-2007-1
The Commissioner of Insurance will be accepting, from July 1, 2007, through July 31, 2007, applications from individuals or legal entities interested in admission to an already-existing pool of Approved Contractors eligible to submit competitive bids to provide services as a Special Deputy Receiver ("SDR"). Membership in the pool will terminate August 31, 2009, for all Approved Contractors, regardless of their date of admission.
An SDR acts on behalf of the Commissioner of Insurance in his capacity as the Receiver of an insurer that is placed in receivership by the courts for purposes of either rehabilitation or liquidation. Duties and activities under control of an SDR may include:
Obtaining control of the insurer's operation, and identifying and securing property and records
Marshalling and evaluating assets, including the liquidation of assets if appropriate
Evaluating the insurer's current work force to ensure proper staffing during rehabilitation or winding down of operations
Supervising litigation filed by and against the receivership estate
Operating information systems and extracting data
Investigating the liability of any parties responsible for the insurer's financial condition, including identification of any preferential transfers
Providing notice of the receivership to policyholders, claimants and interested parties
Handling claims against the receivership estate, including referral of claims to guaranty associations
Filing pleadings, business plans and other reports
Concluding receivership through release from rehabilitation or liquidation of assets and distribution to approved claimants
An Applicant's approval to be an Approved Contractor under this Request for Qualifications ("RFQ") will be effective on or about September 1, 2007, and expire on or about August 31, 2009. Following the expiration of this term, all Approved Contractors, regardless of admission date, will be required to re-qualify in accordance with a subsequent RFQ. The Texas Department of Insurance ("TDI") reserves the right to issue other RFQs for SDRs to add Approved Contractors, if needed, or to obtain bids for similar or related services, at any time during the term of this RFQ.
Admission to the pool of Approved Contractors does not constitute a contract to provide SDR services. SDRs are appointed only after a competitive bid process. In the event that the Commissioner determines that an SDR should be appointed in a receivership proceeding during the term of this RFQ, he will issue a Request for Proposals ("RFP"). Only those individuals or legal entities that have been admitted to the pool of Approved Contractors will have an opportunity to submit a bid proposal in response to any RFP.
NOTE: This RFQ affords an opportunity for qualified applicants to join an already-existing pool of Approved Contractors. Approved Contractors that qualified under RFQ-SDR-2006-1, issued in 2006, do not need to re-apply under RFQ-SDR-2007-1.
Contact Information
The RFQ and application forms will be published and posted on or shortly after June 29, 2007. The forms may be downloaded at that time from http://www.tdi.state.tx.us/company/colr/sdrcontractadmn.html. For a paper copy, contact Scott Kyle, Financial Program SDR Process, Texas Department of Insurance, P.O. Box 149104, Mail Code 305-2C, Austin, Texas 78714, telephone (512) 322-3467, e-mail sdrcontracting@tdi.state.tx.us. Questions and Answers regarding the RFQ will appear as needed on TDI's website at the address listed above.
Evaluation Criteria
Submissions will be evaluated on the basis of the criteria set forth in the RFQ.
Closing Date
Submissions must comply with all requirements of the RFQ, and must be received by the designated contact person no later than 3:00 p.m. on July 31, 2007. Submissions received after that time and date will not be considered.
Note
TDI reserves the right to accept or reject any or all submissions. TDI is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of a subsequent RFP. TDI is not responsible for any costs incurred in responding to this RFQ or any subsequent RFP.
TRD-200702865
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 6, 2007
Instant Game Number 791 "Wild Money"
1.0 Name and Style of Game.
A. The name of Instant Game No. 791 is "WILD MONEY". The play style for this game is "key symbol match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 791 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 791.
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: COOLER SYMBOL, UMBRELLA SYMBOL, TRUCK SYMBOL, TIKI SYMBOL, TENT SYMBOL, SUN SYMBOL, SHORTS SYMBOL, SHADES SYMBOL, PARROT SYMBOL, PALM SYMBOL, HAT SYMBOL, FISH SYMBOL, ELEPHANT SYMBOL, CAMERA SYMBOL, BOOT SYMBOL, BINOCULAR SYMBOL, BANANA SYMBOL, WILD SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $250, $2,500 and $25,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 791- 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. 791 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00 or $250.
I. High-Tier Prize - A prize of $2,500 or $25,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (791), 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: 791-0000001-001.
L. Pack - A pack of "WILD MONEY" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B, C and D configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WILD MONEY" Instant Game No. 791 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 "WILD 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 SYMBOLS play symbols to either of the WINNING SYMBOLS play symbols, the player wins PRIZE shown for that symbol. If a player reveals a "WILD" play symbol, the player wins DOUBLE the PRIZE shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. Non-winning prize symbols will not match a winning prize symbol on a ticket.
C. No three or more identical non-winning prize symbols on a ticket.
D. No duplicate WINNING SYMBOLS play symbols on a ticket.
E. There will be no correlation between the matching symbols and the prize amounts.
F. The "wild" (DOUBLER) play symbol will be used an approximately even number of times in each of the 10 play spots.
G. The "wild" (DOUBLER) play symbol will only appear on winning tickets as dictated by the prize structure.
H. The $2,500 and $25,000 prize symbols will both appear on all tickets unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "WILD MONEY" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $250, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $250 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "WILD MONEY" Instant Game prize of $2,500 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "WILD 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 "WILD 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 "WILD 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 7,080,000 tickets in the Instant Game No. 791. The approximate number and value of prizes in the game are as follows:
Figure 3: 16 TAC GAME NO. 791- 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. 791 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. 791, 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-200702914
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 10, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 802 is ''CASH EXPLOSION''. The play style is ''key number match with tripler''.
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 802 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 802.
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, MONEYBAG SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500, 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:
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. 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, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100 or $500.
I. High-Tier Prize - A prize of $1,000.
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 (802), 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: 802-0000001-001.
L. Pack - A pack of ''CASH EXPLOSION'' Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery ''CASH EXPLOSION'' Instant Game No. 802 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the ''CASH EXPLOSION'' Instant Game is determined once the latex on the ticket is scratched off to expose 10 (ten) 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. If a player reveals a moneybag symbol, the player wins TRIPLE the prize shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 10 (ten) 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 10 (ten) 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 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 10 (ten) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. No duplicate non-winning prize symbols.
C. No duplicate non-winning play symbols.
D. A non-winning prize symbol will never be the same as the winning prize symbol(s).
E. The ''moneybag'' TRIPLER symbol will appear according to the prize structure and will only appear once on a ticket.
F. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
G. The top prize will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a ''CASH EXPLOSION'' Instant Game prize of $1.00, $ 2.00, $3.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a ''CASH EXPLOSION'' Instant Game prize of $1,000 the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a ''CASH EXPLOSION'' 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 ''CASH EXPLOSION'' Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the ''CASH EXPLOSION'' 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. 802. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 802 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. 802, 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-200702863
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 6, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 811 is ''$100,000 GOLDEN TICKET''. The play style is ''key number match with doubler''.
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 811 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 811.
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, GOLD SYMBOL, $10.00, $20.00, $50.00, $100, $200, $1,000, $5,000, $10,000 or $100,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. 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 $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $40.00, $50.00, $100, $200 or $500.
I. High-Tier Prize - A prize of $1,000, $5,000, $10,000 or $100,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (811), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 50 within each pack. The format will be: 811-0000001-001.
L. Pack - A pack of ''$100,000 GOLDEN TICKET'' Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 will both 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 ''$100,000 GOLDEN TICKET'' Instant Game No. 811 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the ''$100,000 GOLDEN TICKET'' Instant Game is determined once the latex on the ticket is scratched off to expose 37 (thirty-seven) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the GOLDEN NUMBERS play symbols, the player wins the prize shown for that number. If the player reveals a GOLD SYMBOL, the player wins DOUBLE the prize shown for that symbol instantly. BONUS SPOT: The player adds the 2 numbers in the play area. If the total is 7 or 11, the player wins $50 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 37 (thirty-seven) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 37 (thirty-seven) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 37 (thirty-seven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 37 (thirty-seven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. The ''gold'' (DOUBLER) symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. No more than three (3) matching non-winning prize symbols will appear on a ticket.
D. No duplicate GOLDEN NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 10 and $10).
H. The $100,000 prize symbol will appear at least once on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a ''$100,000 GOLDEN TICKET'' Instant Game prize of $10.00, $20.00, $40.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00, $50.00, $100, $200 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a ''$100,000 GOLDEN TICKET'' Instant Game prize of $1,000, $5,000 $10,000 or $100,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a ''$100,000 GOLDEN TICKET'' 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 ''$100,000 GOLDEN TICKET'' Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the ''$100,000 GOLDEN TICKET'' Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 3,000,000 tickets in the Instant Game No. 811. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 811 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. 811, 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-200702864
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 6, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 843 is "BREAK THE BANK". The play style is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 843 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 843.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200, $1,000, $3,000, $30,000, and MONEYSTACK SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 843 - 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. 843 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00 or $200.
I. High-Tier Prize - A prize of $1,000, $3,000 or $30,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (843), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001and end with 125 within each pack. The format will be: 843-0000001-001.
L. Pack - A pack of "BREAK THE BANK" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of on ticket on each pack. Please note the books will be in an A, B, C and D configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BREAK THE BANK" Instant Game No. 843 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose 19 (nineteen) play symbols. If the player matches any of YOUR NUMBERS play symbols to any of the 3 LUCKY NUMBERS play symbols, the player wins the prize shown for that number. If the player reveals a "moneystack" symbol, the player wins the prize instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 19 (nineteen) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 19 (nineteen) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 19 (nineteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 19 (nineteen) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. Non-winning prize symbols will not match a winning prize symbol on a ticket.
C. No duplicate Lucky Numbers play symbols on a ticket.
D. There will be no correlation between the matching symbols and the prize amount.
E. The auto win symbol will never appear more than once on a ticket.
F. No duplicate non-winning play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "BREAK THE BANK" Instant Game prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00, $20.00, $50.00 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not in some cases, required to pay a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "BREAK THE BANK" Instant Game prize of $1,000, $3,000 or $30,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "BREAK THE BANK" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "BREAK THE BANK" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "BREAK THE BANK" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code 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 50,400,000 tickets in the Instant Game No. 843. The approximate number and value of prizes in the game are as follows:
Figure 3: 16 TAC GAME NO. 843 - 4.0
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 843 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. 843, 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-200702915
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 10, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 844 is "$250,000 BINGO". The play style for the game SLOTS is "key symbol match". The play style for the game INSTANT BONUS is "auto win" The play style for the game BINGO is "bingo".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 844 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 844.
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: $10.00, $20.00, $50.00, $100, $500, CHERRIES SYMBOL, LEMON SYMBOL, STACK OF BILLS SYMBOL, CROWN SYMBOL, HORSESHOE SYMBOL, SHAMROCK SYMBOL, POT OF GOLD SYMBOL, GOLD BAR SYMBOL, BELL SYMBOL, TEN SYMBOL, TWENTY SYMBOL, FIFTY SYMBOL, SVY FIV SYMBOL, ONE HUN SYMBOL, TWO FTY SYMBOL, FIV HUN SYMBOL, TRY AGAIN SYMBOL, PLAY AGAIN SYMBOL, B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75 and FREE.
D. Play Symbol Caption - the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 844 - 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. 844 - 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $30.00, $50.00, $75.00, $100, $125, $175, $250 or $500.
I. High-Tier Prize - A prize of $750, $1,000, $2,500, $10,000 or $250,000.
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 (844), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 844-0000001-001.
L. Pack - A pack of "$250,000 BINGO" Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The back of ticket 001 will be shown on the front of the pack; the back of ticket 050 will be revealed on the back of the pack. All packs will be tightly shrinkwrapped. There will be no breaks between the tickets in a pack.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$250,000 BINGO" Instant Game No. 844 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 "$250,000 BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 193 (one hundred ninety-three) play symbols. For the game SLOTS, if a player reveals 3 matching play symbols in any one PULL, the player wins PRIZE for that PULL. For the game INSTANT BONUS, if a player reveals a prize amount play symbol, the player wins that amount instantly. For the game BINGO, the player must scratch off the CALLER'S CARD area to reveal 30 (thirty) Bingo Numbers. The player must scratch all the Bingo Numbers on CARDS 1 through 6 that match the Bingo Numbers on the CALLER'S CARD. Each CARD has a corresponding prize legend. Players win by matching those same numbers on the six Player's Cards. If the player finds a diagonal, vertical or horizontal straight line, the four corners of the grid, or an X pattern, the player wins a prize according to the legend of the respective playing grid. Examples of play: If a player matches all bingo numbers plus the Free Space in a complete horizontal, vertical or diagonal line pattern in any one card, the player wins prize according to the legend of the respective playing card. If the player matches all bingo numbers in all four (4) corners pattern in any one card, the player wins prize according to the legend of the respective playing card. If the player matches all bingo numbers plus Free Space to make a complete "X" pattern in any one card, the player wins prize according to the legend of the respective playing card. 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 193 (one hundred ninety-three) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 193 (one hundred ninety-three) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 193 (one hundred ninety-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 193 (one hundred ninety three) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a pack will not have identical patterns.
B. A ticket will win as indicated by the prize structure.
C. A ticket can win up to three times.
D. BINGO: There will never be more than one win on a single Bingo Card.
E. BINGO: The highest prize won per card will be paid.
F. BINGO: No duplicate numbers will appear on the CALLER'S CARD.
G. BINGO: No duplicate numbers will appear on each individual Bingo Card.
H. BINGO: The number range used for each letter will be as follows: B: 01-15; I: 16-30; N: 31-45; G: 46-60; O: 61-75.
I. BINGO: Each Player's Card on the same ticket must be unique.
J. BINGO: The 30 CALLER'S CARD numbers will match 53 to 83 numbers per ticket.
K. BINGO: The 'near wins' are to be distributed approximately equally in the six Player's Cards.
L. BINGO: There will be at least one (1) 'near win' on each of the six (6) Player's Cards on each non-winning ticket.
M. BINGO: A 'near win' is one number short of a complete horizontal, vertical, diagonal line or 4 corners, except for the 'X' where there are two numbers less, one in each diagonal line (one of which must be a corner).
N. SLOTS: The Play area consists of nine (9) play symbols and three (3) PRIZE symbols.
O. SLOTS: There will never be three (3) identical symbols in a vertical or diagonal line.
P. SLOTS: No prize amount will appear more than once in this play area except as required on multiple win tickets.
Q. SLOTS: Non-winning tickets will never contain more than two (2) of the same play symbols over the entire play area.
R. SLOTS: Consecutive non-winning tickets within a book will not have identical PULLS. For instance if the first ticket contains CHERRIES, CROWN, POT OF GOLD in any PULL then the next ticket may not contain CHERRIES, CROWN and POT OF GOLD in any row in any order.
S. SLOTS: Non-winning tickets will not have identical games. For example if PULL 1 is CHERRIES, CROWN, and POT OF GOLD then PULL 2 and PULL 3 will not contain CHERRIES, CROWN, and POT OF GOLD in any order.
T. SLOTS: Winning tickets will contain three (3) matching Play Symbols in a horizontal row.
U. SLOTS: Players can win as per the prize structure.
V. SLOTS: On winning tickets, non-winning games will have different prize amounts from the winning prize amounts in this play area.
W. INSTANT BONUS: The Play area consists of one (1) Play Symbol.
X. INSTANT BONUS: Tickets that do not win in the Bonus Area will display one of the non-winning play symbols. Each of the non-winning play symbols will appear approximately evenly.
Y. INSTANT BONUS: Winning tickets will display a prize amount: TEN DOLLARS, TWENTY DOLLARS, FIFTY DOLLARS, SVY FIV DOLLARS, ONE HUN DOLLARS, TWO FTY DOLLARS OR FIV HUN DOLLARS.
2.3 Procedure for Claiming Prizes.
A. To claim a "$250,000 BINGO" Instant Game prize of $10.00, $20.00, $30.00, $50.00, $75.00, $100, $125, $175, $250, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $50.00, $75.00, $100, $125, $175, $250 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$250,000 BINGO" Instant Game prize of $750, $1,000, $2,500, $10,000 or $250,000, 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 "$250,000 BINGO" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$250,000 BINGO" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "$250,000 BINGO" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 3,120,000 tickets in the Instant Game No. 844. The approximate number and value of prizes in the game are as follows:
Figure 3: 16 TAC GAME NO. 844 - 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. 844 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. 844, 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-200702916
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 10, 2007
Notice of Emergency Gulf Shrimp Season Opening
The Executive Director of the Texas Parks and Wildlife Department hereby orders that the Gulf shrimp season open on July 15, 2007. Based on sound biological data, the executive director has determined that optimum migration of small brown shrimp from the bays to the Gulf of Mexico will occur approximately on the July 15 opening date established by rule. Sound biological data indicate that by July 15, 2007, most of the shrimp on the Gulf fishing grounds will be of satisfactory size to achieve maximum benefits from the resource.
The purpose of the closed Gulf season is to protect brown shrimp during their major period of emigration from the bays to the Gulf of Mexico until they reach a larger, more valuable size before harvest and to prevent waste caused by the discarding of smaller individuals. The season closed 30 minutes after sunset, May 15, 2007.
This action is pursuant to the authority of Parks and Wildlife Code, §77.062, which authorizes the commission to change the opening and closing dates of the June 1 to July 15 closed season to provide for an earlier, later, or longer season not to exceed 60 days, to change the closing date with 72 hours public notice, to reopen the season with 24 hours notice, and to delegate to the director the duties and responsibilities of opening and closing the shrimping season.
TRD-200702872
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 6, 2007
Acceptance of Conservation Easement - Burnet County
On August 23, 2007, the Texas Parks and Wildlife Commission (the Commission) will consider the acceptance of a conservation easement on 12.65 acres adjacent to Park Road 4 in exchange for a driveway permit in Burnet County. The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may be submitted to Corky Kuhlman, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at corky.kuhlmann@tpwd.state.tx.us or made in person at time of meeting.
TRD-200702942
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 11, 2007
Acceptance of Land Donation - Gonzales County
On August 23, 2007, the Texas Parks and Wildlife Commission (the Commission) will consider accepting the donation of a 1.35-acre tract of land adjacent to Palmetto State Park. The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may be submitted to Corky Kuhlman, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at corky.kuhlmann@tpwd.state.tx.us or made in person at time of meeting.
TRD-200702940
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 11, 2007
Land Acquisition - Brazoria County
On August 23, 2007, the Texas Parks and Wildlife Commission (the Commission) will consider the acquisition of a 20-acre inholding at the Nanny M. Stringfellow Wildlife Management Area in Brazoria County. The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or made in person at time of meeting.
TRD-200702938
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 11, 2007
Land Acquisition - Jefferson County
On August 23, 2007, the Texas Parks and Wildlife Commission (the Commission) will consider the purchase of a 62' x 92' inholding at the J.D. Murphree Wildlife Management Area in Jefferson County. The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or made in person at time of meeting.
TRD-200702939
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 11, 2007
Lease of Easement - Jefferson County
On August 23, 2007, the Texas Parks and Wildlife Commission (the Commission) will consider recommending to the General Land Office the lease of a pipeline easement to Golden Pass LNG at the J.D. Murphree Wildlife Management Area in Jefferson County. The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin, Texas. Before taking action, the Commission will take public comment regarding the proposed transaction. Public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or made in person at time of meeting.
TRD-200702941
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 11, 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 July 6, 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 Marcus Cable Associates, L.L.C. d/b/a Charter Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 34491 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 34491.
TRD-200702919
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 2007
The Public Utility Commission of Texas received an application on July 6, 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 Charter Communications VI, L.L.C. d/b/a Charter Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 34492 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 34492.
TRD-200702920
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 9, 2007, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Ready Power, LLC for Retail Electric Provider (REP) Certification, Docket Number 34495 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than July 27, 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 34495.
TRD-200702921
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 2007
The Public Utility Commission of Texas received an application on July 3, 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 BYOTV Media Corporation for a State-Issued Certificate of Franchise Authority, Project Number 34484 before the Public Utility Commission of Texas.
Applicant intends to provide video service. The requested CFA service area includes the entire State of Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 34484.
TRD-200702867
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 6, 2007
Notice is given to the public of an application filed with the Public Utility Commission of Texas on July 28, 2007, for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.
Docket Title and Number: Application of CGKC&H #1 Rural Limited Partnership d/b/a Five Star Wireless for Designation as an Eligible Telecommunications Carrier (ETC) Pursuant to P.U.C. Substantive Rule §26.418. Docket Number 34447.
The Application: The company is requesting ETC designation in order to be eligible to receive federal universal service support throughout the rural telephone company study area of Windstream Communications Kerrville, L.P., and within certain non-rural telephone company wire centers of Verizon Southwest. Pursuant to 47 U.S.C. §214(e), the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs for service areas set forth by the commission.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by August 9, 2007. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll-free number (888) 782-8477. All comments should reference Docket Number 34447.
TRD-200702866
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 6, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on July 10, 2007, to amend a certificate of convenience and necessity for a proposed transmission line in Bell and Williamson Counties, Texas.
Docket Style and Number: Application of Oncor Electric Delivery Company to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line within Bell and Williamson Counties. Docket Number 34440.
The Application: The application of Oncor Electric Delivery Company (Oncor) for a proposed transmission line is designated as the Salado-Hutto 345 kV Transmission Line Project. Oncor stated that the proposed transmission line project is a new 345 kV double-circuit transmission line connecting the Oncor Salado Switching Station located north of the Village of Salado along Rose Lane in Bell County, to the Hutto Switching Station located northwest of the City of Hutto along County Road 119, north of US 79, in Williamson, County. The miles of right-of-way for this project will be approximately 36.4 miles. The estimated date to energize facilities is May 2010.
Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. The deadline for intervention in this proceeding is August 24, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 34440.
TRD-200702932
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 11, 2007
On June 21, 2007, the Electric Reliability Council of Texas (ERCOT) filed with the Public Utility Commission of Texas (commission) a petition seeking approval of amended and restated bylaws.
Docket Style and Number: Petition of the Electric Reliability Council of Texas for Approval of Amended and Restated Bylaws, Docket Number 34427.
The Application: ERCOT proposes to adopt revised amended and restated bylaws approved by the ERCOT Board of Directors and the Corporate Members of ERCOT. The proposed changes enable the creation and operation of the Texas Regional Entity (TRE), an independent division of ERCOT established pursuant to the Delegation Agreement between the North American Electric Reliability Corporation and TRE. The petition also requests approval of some non-TRE-related bylaws revisions.
ERCOT has posted a copy of its petition on its web site at http://www.ercot.com/Participants/Legal.htm. Interested parties may also access ERCOT's petition through the Public Utility Commission's web site at http://www.puc.state.tx.us under Docket Number 34427.
Initial written comments regarding the petition should be submitted by August 2, 2007, and reply comments by August 9, 2007, to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326. 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. Comments should contain a concise position regarding the application, a concise statement of each question of fact, law, or policy. All comments should reference Docket Number 34427.
TRD-200702922
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 2007
Notice of Application for 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.
10 TAC §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 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:
Tim Jackson Custom Homes, L.P., 650 Maple Creek Drive, Fairview, Texas 75069; TRCC builder registration certificate #4316; and the registered agent is Tim Jackson.
Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, Texas Residential Construction Commission, P.O. Box 13144, Austin, Texas 78711-3144. Comments regarding this application will be accepted for 21 days following the date of publication of this notice in the Texas Register. Thereafter, the comments will not be considered as timely filed.
TRD-200702846
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: July 3, 2007
Aviation Division - Request for Proposal for Aviation Engineering Services
Moore County, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below:
Airport Sponsor: Moore County, Moore County Airport. TxDOT CSJ No.: 0704DUMAS. Scope: Provide engineering/design services to rehabilitate, widen, extend, and mark runway 1-19, install new medium intensity runway lights runway 1-19, replace PLASIs with PAPI-4s runway 1-19, adjust gas line, relocate farm road, install fence, overlay apron and construct turnaround at new runway 1 end.
The HUB goal is set at 9%. TxDOT Project Manager is Alan Schmidt, P.E.
To assist in your proposal preparation the most recent Airport Layout Plan, 5010 Drawing, and Project Narrative are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Moore County Airport."
Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded from the TxDOT web site at www.dot.state.tx.us/services/aviation/consultant.htm. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is an MS Word Template.
Please note:
Six completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than August 10, 2007, 4:00 p.m. Electronic facsimiles or forms sent by e-mail will not be accepted. Please mark the envelope of the forms to the attention of Amy Slaughter.
The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.
If there are any procedural questions, please contact Amy Slaughter, Grant Manager, or Alan Schmidt, Project Manager for technical questions at 1-800-68-PILOT (74568).
TRD-200702862
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: July 6, 2007
The Texas Department of Transportation (department) requests proposals from law firms interested in representing the department in environmental law matters. This request for proposals (RFP) is issued for the purpose of identifying qualified law firms able to provide legal representation required by the department and the Texas Transportation Commission (commission) on matters related to compliance with environmental laws, regulations and rules, both state and federal, affecting the department. 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 department is a state agency that is responsible for planning, designing, constructing, operating, and maintaining the state's transportation system. In connection with these responsibilities, the department must deal with various environmental matters. These matters include, but are not limited to, the following: satisfying environmental review requirements under the National Environmental Policy Act and similar state law; obtaining appropriate permits; answering queries and complaints from state and federal regulatory authorities; complying with environmental laws, rules, and regulations, both state and federal, on an ongoing basis; appearing before administrative and judicial tribunals, both state and federal, to answer charges of a civil and criminal nature, both state and federal; and generally complying with state and federal laws, rules, and regulations applicable to the responsibilities discharged by a state department of transportation. The department intends to engage outside counsel to represent the agency in these matters. In particular, the department intends to rely on outside counsel to represent the department in criminal cases related to these matters. Accordingly, the department invites responses to this RFP from firms that are qualified to perform these legal services. Outside counsel engaged by the department must have considerable prior experience with, as well as extensive knowledge of, these subjects. The firm should be experienced in the matter of criminal defense work involving alleged violations of both state and federal environmental laws, rules and regulations.
Responses: Responses to the RFP may be submitted by an individual law firm, attorney or joint venture between two or more law firms and/or attorneys. Responses to the RFP should include at least the following information: (1) a description of the firm's qualifications for performing legal work in the matters described previously, the names, experience, education, and expertise of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and other firm personnel who will be assigned to work on these matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of these legal services; (2) information relative to the capabilities, location(s), and resources of the firm's offices which might serve the department's requirements, including a summary of physical resources that would be assigned to the department, and an organizational chart indicating the relevant areas of responsibility of each attorney assigned to work on these matters; (3) the submission of fee information (either in the form of hourly rates for each attorney and paralegal who will be assigned to perform services in relation to these matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (4) an abstract of the firm's cost control procedures and how it charges for its services; (5) a comprehensive description of the procedures used by the firm to supervise the provision of legal services in a timely and cost effective manner; (6) disclosure of conflicts of interest (identifying 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); and (7) 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.
Note: The department is particularly concerned with issues pertaining to any conflict of interest. Respondents are admonished to make all practicable efforts to fully investigate, disclose, and address such conflicts.
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. It 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 August 17, 2007.
TRD-200702923
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: July 10, 2007
The Texas Department of Transportation (department) issues this request for proposals (RFP) for the purpose of identifying qualified law firms interested in providing legal representation to the department and the Texas Transportation Commission (commission) on matters relating to the acquisition, lease, maintenance, construction, operation, and management of railroad lines and other rail facilities, including, but not limited to, abandoned railroad lines and acquisition of rail corridors and railroad rights of way for rail, highway, or other transportation facilities. 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 department is a state agency that is obligated by state law to consider the advisability of acquiring rail lines that have been proposed for abandonment or discontinuance of service or taking other action necessary to provide for continued rail or other transportation uses over the rail lines. Additionally, the department regularly considers acquiring rail corridors, rail facilities, and railroad rights of way for rail, highway, or other transportation projects. The department is authorized under state law to acquire, finance, construct, maintain, and operate a passenger or freight rail facility, individually or as one or more systems. The department intends to engage outside counsel to advise and represent the agency on matters relating to the acquisition, lease, maintenance, construction, operation, and management of railroads and other rail facilities, including trackage rights and service issues, and the acquisition of rail corridors, rail facilities, and railroad rights of way. Outside counsel will provide legal advice concerning the department's rights and obligations with respect to a rail carrier's abandonment of or discontinuance of service on a rail line, including requirements relating to interim trail use, rail banking, and termination of trail use under 16 U.S.C. §1247(d) and implementing regulations, as well as the handling of claims resulting from rail banking and termination of trail use. Counsel will also be expected to advise and perform work for the department generally regarding the department's responsibilities under applicable federal and state laws relative to rail and rail transportation, including reviewing legislation and administrative rules when requested by the department. Outside counsel will represent the department in any necessary proceeding before the Surface Transportation Board and in negotiations with rail operators, construction companies, financial institutions, maintenance companies, and lessees as well as advise the department and the Transportation Division of the Office of Attorney General on matters relating to proceedings before the Federal Court of Claims. Accordingly, the department invites responses to this RFP from firms that are qualified to perform these legal services. Outside counsel engaged by the department must have considerable prior experience with, as well as extensive knowledge of, these subjects.
Responses: Responses to the RFP may be submitted by an individual law firm, attorney, or joint venture between two or more law firms and/or attorneys. Responses to the RFP should include at least the following information: (1) a description of the firm's qualifications for performing legal work in the matters described previously, the names, experience, education, and expertise of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and other firm personnel who will be assigned to work on these matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of these legal services; (2) information relative to the capabilities, location(s), and resources of the firm's offices that might serve the department's requirements, including a summary of physical resources that would be assigned to the department, and an organizational chart indicating the relevant areas of responsibility of each attorney assigned to work on these matters; (3) the submission of fee information (either in the form of hourly rates for each attorney and paralegal who will be assigned to perform services in relation to these matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (4) an abstract of the firm's cost control procedures and how it charges for its services; (5) a comprehensive description of the procedures used by the firm to supervise the provision of legal services in a timely and cost effective manner; (6) disclosure of conflicts of interest (identifying 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); and (7) 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.
Note: The department is particularly concerned with issues pertaining to any conflict of interest. Respondents are admonished to make all practicable efforts to fully investigate, disclose, and address such conflicts.
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. It 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 August 17, 2007.
TRD-200702924
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: July 10, 2007
The Texas Department of Transportation (department) requests proposals from law firms interested in representing the department in a variety of intellectual property matters related to patent, trademark and copyright preparation/prosecution, licensing, opinion work, and litigation support. This request for proposals (RFP) is issued for the purpose of identifying qualified law firms able to provide legal representation required by the department and the Texas Transportation Commission (commission) on matters related to the protection of the department's intellectual property. 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 department is a state agency that is responsible for planning, designing, constructing, operating, and maintaining the state's transportation system. The department continues to develop patentable machines and processes as well as trademarks, service marks, trade secrets, slogans, and copyrighted materials in the course of performing its statutory duties. The department intends to engage outside counsel to advise and represent the agency on matters related to its intellectual property, including, but not limited to, securing state and federal certifications, patents, and registrations, protecting the department's property rights while registrations are pending, and advising or assisting with any matter directly related to securing registration and international protection of the department's interest in its intellectual property when appropriate. With respect to intellectual property and patent/trademark/copyright issues, outside counsel, in consultation with department staff, will prepare all legal documents required by the U.S. Patent and Trademark Office, the Texas Secretary of State's Office, international registration authorities or other governmental entities, and render opinions on the legality of pending, existing, or proposed patents, trademarks, or copyrighted materials. In addition, counsel shall perform other legal services that do not come within the function of registration or certification, but are necessary for the implementation and administration of the department's intellectual property, such as advising on potential claims against other parties by the department in relation to its intellectual property. Accordingly, the department invites responses to this RFP from firms that are qualified to perform these legal services. Outside counsel engaged by the department must have considerable prior experience with, as well as extensive knowledge of, federal, state, and international patent, trademark, and copyright law.
Responses: Responses to the RFP may be submitted by an individual law firm, attorney, or joint venture between two or more law firms and/or attorneys. Responses to the RFP should include at least the following information: (1) a description of the firm's qualifications for performing legal work in the matters described previously, the names, experience, education, and expertise of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and other firm personnel who will be assigned to work on these matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of these legal services; (2) information relative to the capabilities, location(s), and resources of the firm's offices which might serve the department's requirements, including a summary of physical resources that would be assigned to the department, and an organizational chart indicating the relevant areas of responsibility of each attorney assigned to work on these matters; (3) the submission of fee information (either in the form of hourly rates for each attorney and paralegal who will be assigned to perform services in relation to these matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (4) an abstract of the firm's cost control procedures and how it charges for its services; (5) a comprehensive description of the procedures used by the firm to supervise the provision of legal services in a timely and cost effective manner; (6) disclosure of conflicts of interest (identifying 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); and (7) 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.
Note: The department is particularly concerned with issues pertaining to any conflict of interest. Respondents are admonished to make all practicable efforts to fully investigate, disclose, and address such conflicts.
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. It 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 August 17, 2007.
TRD-200702925
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: July 10, 2007