Texas Building and Procurement Commission
The Texas Building and Procurement Commission (TBPC), on behalf of the Texas Education Agency (TEA), announces the issuance of Request for Proposals (RFP) #303-7-11343. TBPC seeks a five (5) or ten (10) year lease of approximately 4,570 square feet of office space in Austin, Travis County, Texas.
The deadline for questions is March 22, 2007 and the deadline for proposals is March 29, 2007 at 3:00 P.M. The award date is April 15, 2007. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/bid_show.cfm?bidid=69580.
TRD-200701044
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: March 16, 2007
The Texas Building and Procurement Commission (TBPC), on behalf of the Texas Parks and Wildlife Department (TPWD), announces the issuance of Request for Proposals (RFP) #303-7-11345. TBPC seeks a five (5) year lease of approximately 13,002 square feet of office and conditioned warehouse space in Austin, Travis County, Texas.
The deadline for questions is April 3, 2007 and the deadline for proposals is April 12, 2007 at 3:00 P.M. The award date is May 1, 2007. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of 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=69591.
TRD-200701045
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: March 16, 2007
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of March 9, 2007, through March 15, 2007. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on March 21, 2007. The public comment period for these projects will close at 5:00 p.m. on April 20, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: Texas Department of Transportation; Location: The project is located in Sabine Lake at the State Highway (SH) 82 Sabine Lake Causeway in Jefferson County, Texas, and Cameron Parish, Louisiana. The project can be located on the U.S.G.S. quadrangle map entitled: Port Arthur South, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 413503; Northing: 3293011. Project Description: The applicant proposes to replace the existing swing bridge with a two-lane span bridge across the Texas/Louisiana State Line. The United States Coast Guard is responsible for authorizing the bridge under Section 10 of the Rivers and Harbors Act. The Corps of Engineers is responsible for authorizing the approach fills under Section 404 of the Clean Water Act. Approximately 779.7 cubic yards of concrete will be discharged to construct the pilings. The discharge will impact 21,052 square feet (0.48 acre) of open water. Along the Louisiana shoreline, a 165-foot-long by 45-foot-wide shoreline armoring revetment will be installed. The revetment will result in a discharge of 634 cubic yards of material and will impact 17,118 square feet (0.39 acre) of open water and emergent wetlands. The applicant proposes to excavate 342 cubic yards of material to prepare the shoreline for the revetment installation. An oyster survey has been conducted in open water areas of Sabine Lake. Approximately 0.03 acre of oyster beds will be impacted within Texas waters and approximately 0.09 acre of oyster beds will be impacted within the Louisiana waters. Along the Texas shoreline, no wetlands will be impacted. Along the Louisiana shoreline, the applicant proposes to discharge 1,131.4 cubic yards of fill material for the approach fills. The approach will permanently impact 1.208 acres of emergent wetlands. Temporary work areas adjacent to the approaches will result in a temporarily impact 1.125 acres of emergent wetlands. Timber mats will be used in wetlands that are located in the temporary work areas. To compensate for the permanent impacts to 1.208 acres of wetlands, the applicant proposes to purchase 1.2 acre-credits from the Louisiana Department of Wildlife and Fisheries Rockefeller Refuge Mitigation Bank. To compensate for the temporary impacts to 1.125 acres of wetlands, the applicant proposes to restore the area to pre-construction contours and allow natural revegetation. The applicant will achieve 70% vegetative cover within one growing season. The applicant will use timber mats in wetland areas located within the temporary work areas. Upon removal of the timber mats, the applicant proposes to lightly till the area to relieve compaction and allow the area to naturally restore with the native seed source. The applicant does not have a proposed plan for the existing structure. The applicant is exploring two alternatives: (1) the total removal of the structure or (2) the partial removal leaving portions to be incorporated into the adjacent park area on the Louisiana shoreline. CCC Project No.: 07-0128-F1; Type of Application: U.S.A.C.E. permit application #24411 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Neumin Production Company; Location: The project is located in San Antonio Bay in State Tracts (ST's) 99 and 108, southwest of Seadrift, in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Mosquito Point, Texas. Approximate UTM Coordinates for the start of the pipeline (in NAD 27 (meters)): Zone 14; Easting: 721607; Northing: 3137075. Approximate UTM Coordinates for the end of the pipeline and site of the well (in NAD 27 (meters)): Zone 14; Easting: 721959; Northing: 3137917. 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 Well Number 1 in ST 108, with typical marine barges and keyways, production structures and attendant facilities, and a 2,994-foot-long pipeline extending from the proposed ST 108 Well No. 1, to ST 99 Well No. 3. The applicant proposes to use an existing access route, associated with Permit 22988, from the Gulf Intracoastal Waterway extending north to ST 99 Well No. 1. No dredging is proposed along the access route. The applicant proposes to utilize tide data to maintain a 1-foot clearance between the lowest point on all vessels and the bay bottom. CCC Project No.: 07-0139-F1; Type of Application: U.S.A.C.E. permit application #22988(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from 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-200701082
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 19, 2007
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/26/07 - 04/01/07 is 18% for Consumer1 /Agricultural/Commercial2 credit thru $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/26/07 - 04/01/07 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 04/01/07 - 04/30/07 is 8.25% for Consumer/Agricultural/Commercial credit thru $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 04/01/07 - 04/30/07 is 8.25% for Commercial over $250,000.
1Credit for personal, family, or household use.
2Credit for business, commercial, investment, or other similar purpose.
TRD-200701090
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 19, 2007
Applications for a Merger or Consolidation
Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration:
An application was received from EECU (Fort Worth) seeking approval to merge with DNC Federal Credit Union (Mineral Wells). EECU will be the surviving credit union.
An application was received from Neighborhood Credit Union (Dallas) seeking approval to merge with GAF Federal Credit Union (Dallas). Neighborhood Credit Union will be the surviving credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200701116
Harold E. Feeney
Commissioner
Credit Union Department
Filed: March 21, 2007
Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:
An application was received from EECU, Fort Worth, Texas to expand its field of membership. The proposal would permit members of the Friends of Consumer Freedom who live or work in Tarrant, Parker, Hood, Johnson, Young, Jack, Erath, Somervell, Denton, Wise, Ellis, Palo Pinto or Dallas Counties, Texas, to be eligible for membership in the credit union.
An application was received from New Mount Zion Baptist Church Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who live, worship, attend school, or work within a 10-mile radius of the New Mount Zion Baptist Church Credit Union offices located at 9550 Shepherd Road, Dallas, Texas 75243, 1022 Sabine Street, Dallas, Texas 75203, and 1020 W. Belt Line Road, Lancaster, Texas 75146, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200701115
Harold E. Feeney
Commissioner
Credit Union Department
Filed: March 21, 2007
In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:
Applications to Expand Field of Membership--Approved
Energy Capital Credit Union, Houston, Texas--See Texas Register issue, dated January 27, 2006.
Resource One Credit Union, Dallas, Texas--See Texas Register issue, dated September 29, 2006.
Education Credit Union, Amarillo, Texas--See Texas Register issue, dated October 27, 2006.
Matagorda County Teachers Credit Union, Bay City, Texas--See Texas Register issue, dated March 2, 2007.
TEC/TWC Credit Union, San Antonio, Texas--See Texas Register issue, dated March 2, 2007.
TRD-200701117
Harold E. Feeney
Commissioner
Credit Union Department
Filed: March 21, 2007
Request for Proposals to Provide Senior Nutrition Services
Notice of Request for Proposals (RFP) for operating plans for programs under Title III of the Older Americans Act to provide senior nutrition services in the East Texas Council of Governments' (ETCOG) planning region.
Notice is given that the East Texas Area Agency on Aging, a program of the ETCOG is soliciting information, in the form of this RFP, to provide senior nutrition services.
The East Texas Area Agency on Aging is designated by the Texas Department of Aging and Disability Services to coordinate services, in fourteen counties, for persons in East Texas who are 60 or older, with an emphasis on frail, minority, rural, and low-income elderly.
It is anticipated services rendered will take place over a three-year period (2008, 2009, and 2010).
Persons or organizations wanting to receive a RFP document should inquire by letter, fax, or e-mail to the East Texas Council of Governments, 3800 Stone Road, Kilgore, Texas 75662, Attention: Claude Andrews. The fax number for ETCOG is (903) 984-4482. The e-mail address is Claude.Andrews@twc.state.tx.us. Questions regarding the RFP process can be addressed by calling (903) 984-8641 extension 214.
If you wish to respond, the due date for this RFP is June 22, 2007.
TRD-200701126
Glynn Knight
Executive Director
East Texas Council of Governments
Filed: March 21, 2007
The Texas Education Agency proposed new 19 TAC §153.1011, concerning Beginning Teacher Induction and Mentoring Program. The proposed new section was published in the March 9, 2007, issue of the Texas Register (32 TexReg 1184).
Due to an error by the Texas Education Agency, the fiscal note in the preamble states that there will be no fiscal implications for state or local government as a result of enforcing or administering the new section. This fiscal note should indicate that there will be fiscal implications. The published preamble further explains the related fiscal implications.
TRD-200701103
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-07-110 from school districts or open-enrollment charter schools for the AchieveTexas College and Career Redesign Grant. To be approved for funding, the school district or open-enrollment charter school must currently be eligible for Career and Technical Education (CTE) formula funds; serve CTE students in Grades 7 - 12 or Grades 9 - 12 with an active relationship with the feeder middle school(s); have received a final rating of Exemplary, Recognized, or Academically Acceptable under the 2006 state accountability rating system; and follow all requirements and indicators outlined in this RFA.
Description. The purpose of this RFA is to solicit competitive grant applications from eligible applicants to align high school, postsecondary education, and economic development activities and the broader high school curriculum for one of the following 16 career clusters: Agriculture, Food, and Natural Resources; Architecture and Construction; Arts, A/V Technology and Communications; Business, Management and Administration; Education and Training; Finance; Government and Public Administration; Health Science; Hospitality and Tourism; Human Services; Information Technology; Law, Public Safety, Corrections and Security; Manufacturing; Marketing, Sales and Service; Science, Technology, Engineering, and Mathematics; and Transportation, Distribution and Logistics. Applicants must develop a Memorandum of Understanding (MOU) with a postsecondary institution. The MOU must describe how the applicant and the postsecondary institution will partner to deliver college credit hours to students, provide teacher professional development, and align curriculum with postsecondary requirements. Funding from this AchieveTexas College and Career Redesign Grant program will support CTE redesign to increase student achievement by engaging and exposing students to innovative academic and career and technical instruction while simultaneously acting as demonstration sites to improve teaching and learning statewide. Every redesign cluster will provide a rigorous, well-rounded education with outstanding academic and career and technical instruction, integrating technology across the curriculum. Grant funds for this program will be available one time only. No continuation funding is planned at this time.
Dates of Project. The AchieveTexas College and Career Redesign Grant will be implemented during the 2007-2008 school year. Applicants should plan for a starting date of no earlier than August 1, 2007, and an ending date of no later than July 31, 2008.
Project Amount. Funding will be provided for approximately 32 projects. Each awarded project will receive $50,000 for the 2007-2008 school year. This project is funded 100 percent from Carl D. Perkins Career and Technical Education federal funds.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of RFA #701-07-110 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms/ for viewing and downloading. 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" to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, e-mail the Division of Curriculum, Texas Education Agency, at career@tea.state.tx.us. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms/.
Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Tuesday, May 22, 2007, to be eligible to be considered for funding.
TRD-200701123
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: March 21, 2007
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-07-108 from eligible institutions providing education at the postsecondary level. Eligible institutions are local educational agencies, including public charter schools; regional education service centers; public or nonprofit private institutions of higher education; or a consortium of these eligible institutions that have the capacity and resources to provide for statewide programs to support all school districts in Texas.
Description. The purpose of this RFA is to solicit competitive grant applications from eligible applicants to carry out statewide programs to (a) support the development and improvement of rigorous career and technical education programs; (b) develop, coordinate, and conduct sustainable, intensive professional development; (c) support effective secondary/postsecondary partnerships in providing seamless, non- duplicative career and technical education by screening and documenting the training and credentials of Advanced Technical Credit Program teachers; (d) develop a comprehensive, coordinated framework of programs of study for career and technical education; and (e) provide online instructional materials, teaching resources, and information on meeting the unique needs of students who are members of special populations.
Dates of Project. The Career and Technical Education State Leadership Projects will be implemented during the 2007-2008 school year. Applicants should plan for a starting date of no earlier than July 1, 2007, and an ending date of no later than July 31, 2008.
Project Amount. Funding will be provided for approximately 11 projects. Each project will receive awards ranging from $60,000 to $335,000 for the 2007-2008 school year. Continuation funding, if available, will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the commissioner of education and appropriations by the U.S. Congress. This project is funded 100 percent from Carl D. Perkins Career and Technical Education federal funds for state leadership.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of RFA #701-07-108 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms/ for viewing and downloading. 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" to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, email the Division of Curriculum, Texas Education Agency, at career@tea.state.tx.us. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms/.
Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, May 10, 2007, to be eligible to be considered for funding.
TRD-200701125
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: March 21, 2007
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-07-107 from public school districts and open-enrollment charter schools in Texas.
Description. The purpose of this program is to allow school districts or open-enrollment charter schools to assign a mentor teacher to each classroom teacher with less than two years teaching experience. Teacher mentors must: (1) teach in the same school as the teacher being mentored; (2) teach the same subject or grade level, as applicable, as the teacher being mentored (to the extent practicable); and (3) meet qualifications as determined by the commissioner of education. A beginning teacher induction and mentoring program must be a research-based mentoring program that, through external evaluation, has demonstrated success in improving new teacher quality.
Dates of Project. The Beginning Teacher Induction and Mentoring Program will be implemented during the 2007-2008 and 2008-2009 school years. Applicants should plan for a starting date of no earlier than August 1, 2007, and an ending date of no later than May 31, 2009.
Project Amount. A total of $14,425,350 is available for funding approximately 30 projects. Each project will receive a maximum of $500,000 for the 2007-2008 and 2008-2009 school years. This project is funded 100 percent from state funds.
Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of RFA #701-07-107 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA 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" to view and download all documents that pertain to this RFA.
Training Available on Texas Education Telecommunication Network (TETN). TEA is offering training via TETN (TETN Event #25003) on Wednesday, April 11, 2007, from 1:30 p.m. to 4:00 p.m. This training will cover the Beginning Teacher Induction and Mentoring Program application and will provide the opportunity for questions and answers. As space is limited, individuals planning to attend the event must reserve seating with their regional education service center.
Further Information. For clarifying information about 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.
Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, May 17, 2007, to be considered for funding.
TRD-200701124
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: March 21, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 30, 2007. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 30, 2007. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Ha Yen dba 1.25 Super Cleaners; DOCKET NUMBER: 2006-1169-DCL-E; IDENTIFIER: RN104964580; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULE VIOLATED: 30 Texas Administrative Code (TAC) §337.10(a) and Texas Health & Safety Code (THSC), §374.102, by failing to complete and submit the required registration form; PENALTY: $1,185; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Perry Lemmons dba American Waste Water; DOCKET NUMBER: 2006-2097-SLG-E; IDENTIFIER: RN105076707; LOCATION: Roanoke, Tarrant County, Texas; TYPE OF FACILITY: sludge transportation; RULE VIOLATED: 30 TAC §312.143 and the Code, §26.121(a), by failing to deposit waste at a facility designated by or acceptable to the generator where the owner or operator of the facility agrees to receive the waste and the facility has written authorization by permit or registration; and 30 TAC §312.145, by failing to properly record collection and disposal activities; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Amtul Enterprises, Inc. dba EZ Way; DOCKET NUMBER: 2006-2013-PST-E; IDENTIFIER: RN102350337; LOCATION: Bullard, Smith County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Patricia Chawla, (512) 239-0739; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(4) COMPANY: City of Aransas Pass; DOCKET NUMBER: 2006-1414-PST-E; IDENTIFIER: RN100533371; LOCATION: Aransas Pass, San Patricio County, Texas; TYPE OF FACILITY: fleet refueling station; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide proper corrosion protection; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the underground storage tank (UST) for releases; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Jason Godeaux, (512) 239-2541; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(5) COMPANY: Army & Air Force Exchange Service; DOCKET NUMBER: 2006-1990-AIR-E; IDENTIFIER: RN102843547; LOCATION: Fort Bliss, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by allegedly supplying, selling, or dispensing gasoline for use as motor vehicle fuel without the maximum oxygen content of 2.7% by weight; PENALTY: $2,200; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(6) COMPANY: BASF Corporation; DOCKET NUMBER: 2006-1681-MLM-E; IDENTIFIER: RN100225689; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: organic chemical manufacturing plant; RULE VIOLATED: 30 TAC §335.221(a)(6), 40 Code of Federal Regulations (CFR) §266.102(e)(2)(ii) and (e)(7)(ii), and Industrial and Hazardous Waste (IHW) Permit Number 50385, Provision Numbers V.I.3.b.1 and V.I.3.b.2, by failing to properly operate and maintain the automatic waste feed cutoff system; 30 TAC §335.152(a)(1), 40 CFR §264.15(d), and IHW Permit Number 50385, Provision III.D., by failing to provide information regarding the date and nature of corrective action taken to rectify a malfunction; and 30 TAC §335.6(c) and IHW Permit Number 50385, Provision II.C.1.i., by failing to update the notice of registration; PENALTY: $4,396; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Bastrop County Water Control and Improvement District No. 3; DOCKET NUMBER: 2006-1964-MWD-E; IDENTIFIER: RN101513430; LOCATION: Bastrop, Bastrop County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollution Discharge Elimination System (TPDES) Permit Number 12963001, Effluent Limitations and Monitoring Requirement Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations and by failing to submit complete discharge monitoring report (DMR) parameter data; PENALTY: $4,914; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(8) COMPANY: James Oran Bone; DOCKET NUMBER: 2007-0364-PST-E; IDENTIFIER: RN103097259; LOCATION: McKinney, Collin County, Texas; TYPE OF FACILITY: UST installer; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: Coleto Creek Power, LP; DOCKET NUMBER: 2006-0887-AIR-E; IDENTIFIER: RN100226919; LOCATION: Fannin, Goliad County, Texas; TYPE OF FACILITY: electricity generation plant; RULE VIOLATED: 30 TAC §122.145(2)(A) and §122.146(5)(D), Federal Operating Permit (FOP) Number O-00025, Compliance Certification Terms and Conditions, and THSC, §382.085(b), by failing to report all instances of deviations on the semi-annual deviation report and report this failure on the subsequent annual certification report; PENALTY: $2,400; Supplemental Environmental Project (SEP) offset amount of $960 applied to Guadalupe-Blanco River Trust-Myrtle Foester-Whitmire Unit of the Aransas National Wildlife Refuge; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(10) COMPANY: Conoco Phillips Company; DOCKET NUMBER: 2005-0717-UIC-E; IDENTIFIER: RN102495884, Underground Injection Control Well WDW-325; LOCATION: Borger, Hutchinson County, Texas; TYPE OF FACILITY: petroleum refinery plant; RULE VIOLATED: 30 TAC §331.7(a) and Underground Injection Control Well WDW-325 Operating Permit - Provision VII.A (Waste Stream Prohibited), by failing to prevent the unauthorized injection of a characteristically hazardous waste into a class one nonhazardous well; PENALTY: $5,375; Supplemental Environmental Project (SEP) offset amount of $2,150 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(11) COMPANY: Cotton Center Producers, Inc. dba United Gin Company; DOCKET NUMBER: 2006-2234-AIR-E; IDENTIFIER: RN101921989; LOCATION: Lamesa, Dawson County, Texas; TYPE OF FACILITY: cotton ginning plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §116.116(b)(1)(C), New Source Review (NSR) Permit Number 6616, Special Conditions 1 and 2, and THSC, §382.085(b), by failing to obtain a permit amendment prior to increasing annual cotton bale throughput above permitted limits of 30,000 bales; PENALTY: $1,700; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(12) COMPANY: EBAA Iron, Inc.; DOCKET NUMBER: 2006-0232-AIR-E; IDENTIFIER: RN100217306; LOCATION: Eastland County, Texas; TYPE OF FACILITY: ductile iron foundry plant; RULE VIOLATED: 30 TAC §106.433(7)(A), by failing to comply with the volatile organic compound (VOC) emissions limits; PENALTY: $30,000; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(13) COMPANY: Electra Custom Homes, Inc.; DOCKET NUMBER: 2007-0157-WQ-E; IDENTIFIER: RN104587464; LOCATION: Aurora, Wise County, Texas; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activity; PENALTY: $800; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2006-1932-AIR-E; IDENTIFIER: RN100210319; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §115.722(c)(1) and §116.115(c), NSR Permit Number 4477, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions and meet the highly reactive VOC hourly cap; 30 TAC §116.115(c), NSR Permit Number 18978, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §115.722(c)(1) and §116.115(c), NSR Permit Number 4477, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions and meet the HRVOC hourly cap; PENALTY: $28,775; Supplemental Environmental Project (SEP) offset amount of $11,510 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2006-2046-AIR-E; IDENTIFIER: RN102212925; LOCATION: Harris County, Texas; TYPE OF FACILITY: chemical company; RULE VIOLATED: 30 TAC §116.715(a), Permit Number 3452, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $4,575; Supplemental Environmental Project (SEP) offset amount of $1,830 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2006-2043-AIR-E; IDENTIFIER: RN102579307; LOCATION: Harris County, Texas; TYPE OF FACILITY: refining and supply company; RULE VIOLATED: 30 TAC §116.715(a), Flexible Permit Number 18287, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(b)(1)(H) and THSC, §382.085(b), by failing to identify the permit number on the final report; PENALTY: $10,494; Supplemental Environmental Project (SEP) offset amount of $5,247 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(17) COMPANY: Dave Fisk; DOCKET NUMBER: 2006-1973-LII-E; IDENTIFIER: RN105030894; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: landscape care business; RULE VIOLATED: 30 TAC §30.5(a) and §344.4(a), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712.
(18) COMPANY: George West Independent School District; DOCKET NUMBER: 2007-0174-PST-E; IDENTIFIER: RN101766160; LOCATION: George West, Live Oak County, Texas; TYPE OF FACILITY: fleet refueling operation; RULE VIOLATED: 30 TAC §334.8(c)(4)(B), by failing to ensure that the underground storage tank (UST) registration and self-certification form is fully and accurately completed and submitted; PENALTY: $750; ENFORCEMENT COORDINATOR: Jason Godeaux, (512) 239-2541; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(19) COMPANY: Girl Scouts-Circle T Council, Inc. dba Camp Timberlake; DOCKET NUMBER: 2007-0019-PWS-E; IDENTIFIER: RN101262913; LOCATION: Tarrant County, Texas; TYPE OF FACILITY: campground with public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and THSC, §341.033(d), by failing to perform routine bacteriological monitoring; PENALTY: $510; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(20) COMPANY: Glasscock County Co-Op; DOCKET NUMBER: 2006-2032-AIR-E; IDENTIFIER: RN102547494; LOCATION: Glasscock County, Texas; TYPE OF FACILITY: cotton gin; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), New Source Permit Number 24036, and THSC, §382.085(b), by failing to comply with the emission limits of 60.45 tons per year of particulate matter; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(21) COMPANY: City of Gregory; DOCKET NUMBER: 2006-2001-MWD-E; IDENTIFIER: RN101917623; LOCATION: San Patricio County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(5), 317.3(a), and 317.7(e), and TPDES Permit Number WQ0010092001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §305.125(5) and §317.4(b)(4), and TPDES Permit Number WQ0010092001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §§319.6, 319.9(c), and 319.11(c), and TPDES Permit Number WQ0010092001, Monitoring and Reporting Requirements Number 2, by failing to properly calibrate the pH meter and failure to perform a manganese correction on chlorine residual samples; 30 TAC §305.125(1) and TPDES Permit Number WQ0010092001, Final Effluent Limitations and Monitoring Requirements Numbers 2, 3, and 6, by failing to comply with minimum permitted effluent limitations; and 30 TAC §305.125(1) and TPDES Permit Number WQ0010092001, Contributing Industries and Pretreatment Requirements Number 1.f., by failing to prevent petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin from being introduced into the treatment facility; PENALTY: $12,250; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(22) COMPANY: Xiu Hui Li McCulloch dba Hartwick Green Mobile Home Park; DOCKET NUMBER: 2006-2100-MWD-E; IDENTIFIER: RN103015418; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13084001, Effluent Limitations and Monitoring Requirement Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; and 30 TAC §305.125(1) and TPDES Permit Number 13084001, Monitoring and Reporting Requirements, by failing to submit the DMRs at the intervals specified in the permit; PENALTY: $3,810; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(23) COMPANY: Jack Neely dba Heights Water Company; DOCKET NUMBER: 2006-2256-PWS-E; IDENTIFIER: RN102676129; LOCATION: Smith County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(3)(E)(iv), by failing to maintain copies of customer service inspection reports; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of two gallons per minute (gpm) per connection; 30 TAC §290.42(l), by failing to compile and maintain a facility plant operations manual; 30 TAC §290.43(d)(3), by failing to equip the air compressor line with a filter or other device to prevent compressor lubricants and other contaminants from entering the pressure tank; 30 TAC §290.110(c)(5)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system; 30 TAC §290.121(b), by failing to maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.46(n)(2), by failing to maintain on file and make available an up-to-date map of the distribution system; 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement or an approved exception to the easement requirement; and 30 TAC §290.110(e)(4), by failing to submit a disinfectant level quarterly operating report; PENALTY: $1,785; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(24) COMPANY: Hi Five Auto Care, Inc.; DOCKET NUMBER: 2007-0292-PST-E; IDENTIFIER: RN102453685; LOCATION: Richardson, Dallas County, Texas; TYPE OF FACILITY: automobile maintenance; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(25) COMPANY: Hood County Utilities, Inc.; DOCKET NUMBER: 2006-2157-MWD-E; IDENTIFIER: RN102957024; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013022001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with permitted limits; and 30 TAC §305.125(1) and TPDES Permit Number WQ0013022001, Monitoring and Reporting Requirements Number 1, by failing to submit monitoring results; PENALTY: $17,850; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(26) COMPANY: Hyatt Corporation dba Hyatt Regency Dallas; DOCKET NUMBER: 2007-0060-PST-E; IDENTIFIER: RN101564961; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: hotel with UST; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; and 30 TAC §334.8(c)(4)(B), by failing to ensure that the UST registration and self-certification form is fully and accurately completed and submitted; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(27) COMPANY: Jai Kapish Corporation dba Stop and Shop 1; DOCKET NUMBER: 2007-0293-PST-E; IDENTIFIER: RN102031960; LOCATION: Lewisville, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(28) COMPANY: Jalisco, Ltd. dba Fiesta; DOCKET NUMBER: 2006-2012-PST-E; IDENTIFIER: RN102349396; LOCATION: Elsa, Hidalgo County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Patricia Chawla, (512) 239-0739; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(29) COMPANY: Jefferson County Correctional Facility; DOCKET NUMBER: 2007-0295-PST-E; IDENTIFIER: RN101823490; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §115.241, by failing to have Stage II vapor recovery equipment; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(30) COMPANY: William Bell dba JFK Home Moving; DOCKET NUMBER: 2006-1963-MSW-E; IDENTIFIER: RN105071765; LOCATION: Aransas Pass, San Patricio County, Texas; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.15(a) and (c) and the Code, §26.121(a)(1), by failing to dispose of municipal solid waste (MSW) at an authorized facility and to prevent the unauthorized discharge of MSW into or adjacent to waters in the state; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Alison Echlin, (512) 239-3308; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(31) COMPANY: Kent Distributors, Incorporated dba Kent Kwik 431; DOCKET NUMBER: 2007-0294-PST-E; IDENTIFIER: RN102041233; LOCATION: Big Lake, Reagan County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(32) COMPANY: City of La Joya; DOCKET NUMBER: 2006-1986-PWS-E; IDENTIFIER: RN101276863; LOCATION: La Joya, Hidalgo County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(a)(6) and THSC, §341.0315(c), by failing to provide treatment facility capacity that is not less than the anticipated maximum daily demand of the system; 30 TAC §290.45(b)(2)(B) and THSC, §341.0315(c), by failing to provide a treatment plant capacity of 0.6 gpm per connection; and 30 TAC §290.45(b)(2)(A) and THSC, §341.0315(c), by failing to provide a raw water pump capacity of 0.6 gpm per connection; PENALTY: $924; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(33) COMPANY: Keith Blair dba Lake Fork Marina WWTP; DOCKET NUMBER: 2006-2101-MWD-E; IDENTIFIER: RN101179299; LOCATION: Wood County, Texas; TYPE OF FACILITY: wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12960001, Effluent Limitations and Monitoring Requirement Numbers 1 and 2, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; PENALTY: $3,420; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(34) COMPANY: Lube Center Management, Ltd. dba Jiffy Lube 823; DOCKET NUMBER: 2007-0357-PST-E; IDENTIFIER: RN101566180; LOCATION: Carrollton, Dallas County, Texas; TYPE OF FACILITY: automobile maintenance; RULE VIOLATED: 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(35) COMPANY: Rod Packard dba Packard Tire Service; DOCKET NUMBER: 2006-2044-MSW-E; IDENTIFIER: RN103178372; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: used and new tire retail; RULE VIOLATED: 30 TAC §328.56(b), by failing to ensure that scrap tires or scrap tire pieces are transported by a registered transporter to an authorized facility; 30 TAC §328.56(d)(2), by failing to obtain the required scrap tire storage registration; and 30 TAC §328.58(a), by failing to obtain tire manifests from the transporter collecting tires from their places of business and maintain a record of each individual load used, scrap tires, or tire pieces hauled off; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Alison Echlin, (512) 239-3308; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(36) COMPANY: Gilbert O. Reyes Jr. dba Party Time II; DOCKET NUMBER: 2007-0017-AIR-E; IDENTIFIER: RN104759568; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum oxygen content of 2.7% by weight of gasoline; PENALTY: $650; ENFORCEMENT COORDINATOR: Jason Kemp, (512) 239-5610; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(37) COMPANY: Aziz Chandwani dba Prince Food Mart; DOCKET NUMBER: 2006-2215-PST-E; IDENTIFIER: RN101560076; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.248(1) and THSC, §382.085(b), by failing to make each employee aware of the purposes and correct operating procedures of the Stage II equipment; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; and 30 TAC §115.246(3) - (6) and THSC, §382.085(b), by failing to maintain all required Stage II records at the station and make immediately available for review; PENALTY: $4,275; ENFORCEMENT COORDINATOR: Patricia Chawla, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(38) COMPANY: Port of Houston Authority; DOCKET NUMBER: 2006-2197-MWD-E; IDENTIFIER: RN102179033; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13203001, Effluent Limitations and Monitoring Requirement Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; and 30 TAC §305.125(1) and TPDES Permit Number 13203001, Monitoring and Reporting Requirements, by failing to submit the DMRs parameter data; PENALTY: $4,620; Supplemental Environmental Project (SEP) offset amount of $3,696 applied to Gulf Coast Waste Disposal Authority ("GCWDA") - River, Lakes, Bays 'N Bayous Trash Bash; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(39) COMPANY: City of Robinson; DOCKET NUMBER: 2006-2170-MWD-E; IDENTIFIER: RN101918605; LOCATION: McLennan County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0003466000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted limits; and 30 TAC §305.125(1) and TPDES Permit Number WQ0003466000, Monitoring and Reporting Requirements Number 1, by failing to submit DMRs parameter data; PENALTY: $4,960; Supplemental Environmental Project (SEP) offset amount of $3,968 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(40) COMPANY: Steve Torno dba Rodell Water Supply; DOCKET NUMBER: 2006-1899-PWS-E; IDENTIFIER: RN105061436; LOCATION: Leon County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.39(m), by failing to provide written notification to the commission of the startup of a new public water supply (PWS) system or reactivation of an existing PWS system; 30 TAC §290.42(e)(3), by failing to provide disinfection equipment; and 30 TAC §290.46(e)(3)(A), by failing to employ an operator who holds a Class "D" or higher license; PENALTY: $1,100; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(41) COMPANY: Southwest Convenience Stores, LLC dba 7-Eleven; DOCKET NUMBER: 2006-2038-AIR-E; IDENTIFIER: RN102394756, RN102403383, RN102006459, RN102056835, RN102038890, RN102017241, RN102011822, RN102396702, RN102395662, RN102393170, RN102384666, RN102395274, RN102389228, RN102388816, and RN102388345; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum oxygen content of 2.7% by weight; PENALTY: $18,820; ENFORCEMENT COORDINATOR: Lindsey Jones, (512) 239-4930; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(42) COMPANY: City of Tehuacana; DOCKET NUMBER: 2006-1888-PWS-E; IDENTIFIER: RN101250843; LOCATION: Tehuacana, Limestone County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.45(f)(4), by failing to meet the commission's minimum water system capacity requirements for purchase capacity; 30 TAC §290.46(f)(2), (m)(1)(B), and (u), by failing to provide a water system operating record, by failing to inspect the interior surface of the pressure tank every five years, and by failing to plug abandoned wells or have them tested every five years; 30 TAC §290.42(e)(3), by failing to provide disinfection equipment; PENALTY: $1,400; ENFORCEMENT COORDINATOR: Amy Martin, (512) 239-2540; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(43) COMPANY: Ten Hi Gin, Inc.; DOCKET NUMBER: 2006-2191-AIR-E; IDENTIFIER: RN102775871; LOCATION: Loop, Gaines County, Texas; TYPE OF FACILITY: cotton gin; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 2318, Special Conditions 1 and 2, and THSC, §382.085(b), by failing to comply with annual throughput rate of 36,000 bales of cotton and annual particulate matter rate of 54.25 tons per year; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 797055404, (915) 570-1359.
(44) COMPANY: Texcan Consulting, Inc. dba Trainer Hale Truck Stop; DOCKET NUMBER: 2006-0225-PST-E; IDENTIFIER: RN101816932; LOCATION: Marion, Guadalupe County, Texas; TYPE OF FACILITY: truck stop and convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide corrosion protection; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(45) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2006-2225-AIR-E; IDENTIFIER: RN100225945; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), NSR Permit Number 19519, Maximum Allowable Emissions Rate Table, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit an emissions event report; 30 TAC §116.115(c), NSR Permit Numbers X-7386, 198041, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(b)(1)(H) and THSC, §382.085(b), by failing to include the applicable permit number in the authorization section of the final emissions event report; PENALTY: $87,192; Supplemental Environmental Project (SEP) offset amount of $43,596 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(46) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2006-1752-AIR-E; IDENTIFIER: RN102414232; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), TCEQ Air Permit Number 22054, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a) and THSC, §382.085(b), by failing to properly notify the TCEQ of an emissions event; PENALTY: $3,406; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(47) COMPANY: Dustin L. Turner; DOCKET NUMBER: 2006-1806-LII-E; IDENTIFIER: RN103660445; LOCATION: Cooke County, Texas; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §30.5 and §344.4, Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to hold a current valid irrigator license; PENALTY: $250; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(48) COMPANY: USA Five Star Homes, LP; DOCKET NUMBER: 2006-2098-WQ-E; IDENTIFIER: RN105113666; LOCATION: Forney, Kaufman County, Texas; TYPE OF FACILITY: residential development site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(49) COMPANY: Enrique Valenzuela; DOCKET NUMBER: 2006-1999-OSS-E; IDENTIFIER: RN104951868; LOCATION: Ochiltree County, Texas; TYPE OF FACILITY: subdivision development; RULE VIOLATED: 30 TAC §285.1(a) and the Code, §26.121, by failing to prevent the unauthorized discharge of domestic sewage; and 30 TAC §285.3(a) and (b)(1) and §285.4(a) and (c), by failing to submit the required land planning and site evaluations and the overall site suitability evaluation for the proposed mobile home community; PENALTY: $4,462; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(50) COMPANY: Western Extrusions Corporation; DOCKET NUMBER: 2006-2103-AIR-E; IDENTIFIER: RN102590700; LOCATION: Carrollton, Dallas County, Texas; TYPE OF FACILITY: aluminum extrusion paint line; RULE VIOLATED: 30 TAC §§122.121, 122.133(4), and 122.241(b) and THSC, §382.085(b), by failing to submit a timely application to renew FOP Number O-01411 and continuing the operations at the plant; PENALTY: $17,850; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(51) COMPANY: Yash Hospitality, Inc. dba Express Food Store; DOCKET NUMBER: 2007-0281-PST-E; IDENTIFIER: RN103048856; LOCATION: Cameron County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1840 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
TRD-200701091
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 20, 2007
The Texas Commission on Environmental Quality (commission) adopted amendments to 30 TAC Chapter 350, Texas Risk Reduction Program, in the March 16, 2007, issue of the Texas Register (32 TexReg 1526).
Due to errors caused by the formatting of several figures, the following figures have been revised.
Figure: 30 TAC §350.73(f) (.pdf)
Figure: 30 TAC §350.74(a) (.pdf)
Figure: 30 TAC §350.75(b)(1) (.pdf)
Figure: 30 TAC §350.76(c)(4) (.pdf)
Figure: 30 TAC §350.76(f)(3) (.pdf)
The figures will not be republished in the printed issue of the Texas Register. You can view the corrected figures in the electronic version of the March 30, 2007, issue of the Texas Register or in the Texas Administrative Code under 30 TAC §§350.73, 350.74, 350.75, and 350.76.
TRD-200701109
An agreed order was entered regarding City of Georgetown, Docket No. 2004-0409-PST-E on March 13, 2007 assessing $12,375 in administrative penalties with $2,475 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 Mansfield Sand & Select, A Partnership, Docket No. 2004-1141-WQ-E on March 13, 2007 assessing $6,000 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 Georgetown, Docket No. 2004-1746-MWD-E on March 13, 2007 assessing $15,625 in administrative penalties.
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 Flynn WSC, Docket No. 2004-1929-PWS-E on March 13, 2007 assessing $1,047 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Shawn Slack, Staff Attorney at (512) 239-0063, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Saks Enterprise Inc. dba Saks Texaco, Docket No. 2005-1812-PST-E on March 13, 2007 assessing $8,505 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Mary Hammer, Staff Attorney at (512) 239-2496, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Sentinel Refuse, LLC, Docket No. 2005-2067-MLM-E on March 13, 2007 assessing $7,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Shawn Slack, Staff Attorney at (512) 239-0063, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Simons Petroleum, Inc., Docket No. 2006-0105-MLM-E on March 13, 2007 assessing $12,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512) 239-0907, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Sandra Cooper, Docket No. 2006-0170-PST-E on March 13, 2007 assessing $6,600 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Shawn Slack, Staff Attorney at (512) 239-0063, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Arthur M. Gonzalez dba David's Superette, Docket No. 2006-0197-PST-E on March 13, 2007 assessing $3,210 in administrative penalties with $642 deferred.
Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Carolyn Hilgen dba Carolyns Country Caf, Docket No. 2006-0505-PWS-E on March 13, 2007 assessing $2,840 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Deanna Sigman, Staff Attorney at (512) 239-0619, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Three Rivers Flying Service, Docket No. 2006-0538-PST-E on March 13, 2007 assessing $1,500 in administrative penalties with $300 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 Overseas Enterprises USA, Inc. dba Gateway Travel Plaza, Docket No. 2006-0609-PST-E on March 13, 2007 assessing $43,977 in administrative penalties with $8,795 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 MK Family Limited Partnership dba Jiffy Mart 5, Docket No. 2006-0628-PST-E on March 13, 2007 assessing $12,500 in administrative penalties with $2,500 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.
An agreed order was entered regarding Mohammad Samjoo dba Civic Cleaners & Tailor, Docket No. 2006-0727-DCL-E on March 13, 2007 assessing $1,185 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Mary Hammer, Staff Attorney at (512) 239-2496, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hiep Q. Lam dba Custom Cleaners & Alterations, Docket No. 2006-0741-DCL-E on March 13, 2007 assessing $1,185 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Deanna Sigman, Staff Attorney at (512) 239-0619, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Don French dba Riviera Mobile Home Park, Docket No. 2006-0800-PWS-E on March 13, 2007 assessing $4,320 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Lindsey Jones, Enforcement Coordinator at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hirani Abdul dba First Choice Cleaners, Docket No. 2006-0892-DCL-E on March 13, 2007 assessing $1,067 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Mary Hammer, Staff Attorney at (512) 239-2496, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Juan Bermudez, Docket No. 2006-0965-MSW-E on March 13, 2007 assessing $2,500 in administrative penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Payne Homes, Inc., Docket No. 2006-0968-WQ-E on March 13, 2007 assessing $900 in administrative penalties with $180 deferred.
Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Preston Tiptop Cleaners, Inc. dba Hackberry Cleaners II, Docket No. 2006-1009-DCL-E on March 13, 2007 assessing $889 in administrative penalties with $178 deferred.
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 Intercontinental Terminals Company, Docket No. 2006-1017-AIR-E on March 13, 2007 assessing $9,500 in administrative penalties with $1,900 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 Sam's East, Inc., Docket No. 2006-1018-AIR-E on March 13, 2007 assessing $1,020 in administrative penalties with $204 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 Total Petrochemicals USA, Inc., Docket No. 2006-1040-AIR-E on March 13, 2007 assessing $10,000 in administrative penalties with $2,000 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 Echo Bluff, Co. dba C S Fastrac Food Mart, Docket No. 2006-1045-PST-E on March 13, 2007 assessing $1,900 in administrative penalties with $380 deferred.
Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2006-1066-AIR-E on March 13, 2007 assessing $7,900 in administrative penalties with $1,580 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 SEC Energy Products & Services, L.P., Docket No. 2006-1072-MWD-E on March 13, 2007 assessing $40,508 in administrative penalties with $8,102 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 Red Ewald, Inc., Docket No. 2006-1079-AIR-E on March 13, 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 MHC TT, Inc. dba Thousand Trails Lake Tawakoni, Docket No. 2006-1114-MWD-E on March 13, 2007 assessing $14,350 in administrative penalties with $2,870 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 Marie Braden dba Nana's Kitchen, Docket No. 2006-1116-PWS-E on March 13, 2007 assessing $1,905 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Anita Keese, Enforcement Coordinator at (956) 430-6034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tekni-Plex, Inc. dba Dolco Packaging, Docket No. 2006-1130-AIR-E on March 13, 2007 assessing $12,700 in administrative penalties.
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 Suk K. Yi dba Polo Cleaners, Docket No. 2006-1138-DCL-E on March 13, 2007 assessing $2,074 in administrative penalties with $415 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 Wendy R. Morgan dba Classic Cleaners, Docket No. 2006-1145-DCL-E on March 13, 2007 assessing $1,185 in administrative penalties with $237 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 Diva Business Management Group, LLC dba Stephen's Cleaners, Docket No. 2006-1208-DCL-E on March 13, 2007 assessing $889 in administrative penalties with $178 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 Seymour Inn dba Kingwood Cleaners, Docket No. 2006-1209-DCL-E on March 13, 2007 assessing $1,778 in administrative penalties with $356 deferred.
Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Thelma E. Gardner dba Wheeler Street Cleaners, Docket No. 2006-1210-DCL-E on March 13, 2007 assessing $1,185 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Deanna Sigman, Staff Attorney at (512) 239-0619, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Springtown, Docket No. 2006-1219-PWS-E on March 13, 2007 assessing $745 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 403-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Laredo Regional Medical Center L.P. dba Doctor's Hospital of Laredo, Docket No. 2006-1254-PST-E on March 13, 2007 assessing $2,625 in administrative penalties.
Information concerning any aspect of this order 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.
An agreed order was entered regarding Kyung Mi Jeon dba Pace Cleaners, Docket No. 2006-1286-DCL-E on March 13, 2007 assessing $1,185 in administrative penalties with $237 deferred.
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 Feroz Panjwani dba Handi Plus 44, Docket No. 2006-1303-PST-E on March 13, 2007 assessing $4,500 in administrative penalties with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting Phillip DeFrancesco, Enforcement Coordinator at (817) 588-5933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Firestone Polymers, LLC, Docket No. 2006-1308-AIR-E on March 13, 2007 assessing $20,792 in administrative penalties with $4,158 deferred.
Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cathy Tran dba Texas Laundry & Cleaners, Docket No. 2006-1315-DCL-E on March 13, 2007 assessing $1,185 in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ruben N. McNeely dba Freshen Clean, Docket No. 2006-1343-DCL-E on March 13, 2007 assessing $1,185 in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting Alison Echlin, Enforcement Coordinator at (512) 239-3308, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ameron Fiberglass Composite Pipe Division USA, Docket No. 2006-1396-AIR-E on March 13, 2007 assessing $3,100 in administrative penalties with $620 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 Smile Cleaners Incorporated dba Happy Cleaners, Docket No. 2006-1401-DCL-E on March 13, 2007 assessing $889 in administrative penalties with $178 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 Bennie Taylor dba Reo Cleaners, Docket No. 2006-1405-DCL-E on March 13, 2007 assessing $889 in administrative penalties with $178 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 Brazos Valley Enterprises, Inc. dba Dry Clean Super Center, Docket No. 2006-1487-DCL-E on March 13, 2007 assessing $1,185 in administrative penalties with $237 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 Hyo Sun Wonsick dba Sam's Cleaners, Docket No. 2006-1488-DCL-E on March 13, 2007 assessing $1,185 in administrative penalties with $237 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.
An agreed order was entered regarding Anne Cornelius Tamminga dba Indian Creek Dairy, Docket No. 2006-1574-AGR-E on March 13, 2007 assessing $535 in administrative penalties with $107 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 Brazos Electric Power Cooperative, Inc., Docket No. 2006-1597-AIR-E on March 13, 2007 assessing $6,100 in administrative penalties with $1,220 deferred.
Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding International Paper Company, Docket No. 2006-1600-AIR-E on March 13, 2007 assessing $2,950 in administrative penalties with $590 deferred.
Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Copano Processing, L.P., Docket No. 2006-1601-AIR-E on March 13, 2007 assessing $2,800 in administrative penalties with $560 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 Patec Enterprise, Inc. dba Prestonwood Cleaners, Docket No. 2006-1608-DCL-E on March 13, 2007 assessing $1,185 in administrative penalties with $237 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 Arfa & Shifa Business, Inc. dba Oaks Cleaners, Docket No. 2006-1623-DCL-E on March 13, 2007 assessing $1,067 in administrative penalties with $214 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 City of Eastland, Docket No. 2006-1627-MWD-E on March 13, 2007 assessing $1,490 in administrative penalties with $298 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 Chun Son Birdsong dba Birdsong Cleaners, Docket No. 2006-1649-DCL-E on March 13, 2007 assessing $1,067 in administrative penalties with $214 deferred.
Information concerning any aspect of this order may be obtained by contacting Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Pauline Pham dba A-T Cleaners, Docket No. 2006-1708-DCL-E on March 13, 2007 assessing $1,185 in administrative penalties with $237 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 Austin White Lime Company, Docket No. 2006-1714-AIR-E on March 13, 2007 assessing $2,450 in administrative penalties with $490 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 Acme Brick Company, Docket No. 2006-1751-AIR-E on March 13, 2007 assessing $2,400 in administrative penalties with $480 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 James Kim dba Casey Ridge Grocery, Docket No. 2006-1761-PWS-E on March 13, 2007 assessing $220 in administrative penalties with $44 deferred.
Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wharton County Power Partners, L.P., Docket No. 2006-1779-AIR-E on March 13, 2007 assessing $2,100 in administrative penalties with $420 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 Andy Chavez, Docket No. 2006-1823-LII-E on March 13, 2007 assessing $625 in administrative penalties with $125 deferred.
Information concerning any aspect of this order may be obtained by contacting Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Larry Hodge dba Larry's Discount Smokes, Docket No. 2006-2182-PST-E on March 13, 2007 assessing $3,500 in administrative penalties.
Information concerning any aspect of this order 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 U.S. Customs and Border Protection, Docket No. 2006-2184-PST-E on March 13, 2007 assessing $875 in administrative penalties.
Information concerning any aspect of this order 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 Price Construction Ltd., Docket No. 2006-2224-WQ-E on March 13, 2007 assessing $875 in administrative penalties.
Information concerning any aspect of this order 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 Katy ISD, Docket No. 2007-0052-PST-E on March 13, 2007 assessing $875 in administrative penalties.
Information concerning any aspect of this order 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 Salco Investments Inc dba Cardon Chevron, Docket No. 2007-0058-PST-E on March 13, 2007 assessing $875 in administrative penalties.
Information concerning any aspect of this order 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.
TRD-200701121
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 21, 2007
Notices issued March 14, 2007 through March 20, 2007
TCEQ Internal Control No. 12072006-D09; FRM/MRA Holdings #1, Ltd. and MRA Northeast, L.P., (Petitioners) filed a petition for creation of Harris County Municipal Utility District No. 428 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lien holder, Frederick R. McCord, on the property to be included in the proposed District, and the Petitioners have provided the TCEQ with a certificate evidencing the lien holder's consent to the creation of the proposed District; (3) the proposed District will contain approximately 521.73 acres located within Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2006-343, effective April 18, 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 $27,000,000.
TCEQ Internal Control No. 12072006-D07; FRM/MRA Holdings #1, Ltd. (the "Petitioner") filed a petition for creation of Harris County Municipal Utility District No. 426 (the "District") with the TCEQ. The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 300.61 acres located in Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas. By Ordinance No. 2006-341, effective April 18, 2006, the City of Houston, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $22,050,000.
TCEQ Internal Control No. 12072006-D08; FRM/MRA Holdings #1, Ltd. and MRA Northeast, L.P. (the "Petitioners") filed a petition for creation of Harris County Municipal Utility District No. 427 (the "District") with the TCEQ. The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the owners of a majority in value of the land to be included in the proposed District; (2) there is one lien holder, Frederick R. McCord, on the property to be included in the proposed District, and the Petitioners have provided the TCEQ with a certificate evidencing the lien holder's consent to the creation of the proposed District; (3) the proposed District will contain approximately 542.06 acres located in Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas. By Ordinance No. 2006-342, effective April 18, 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 $36,520,000.
TCEQ Internal Control No. 07132006-D07; Polk County Fresh Water Supply District No. 2 has applied to the TCEQ for authority to adopt and impose an annual uniform operations and maintenance standby fee up to $24 per equivalent single family connection, on unimproved property within the District. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code Chapter 293, and under the procedural rules of the TCEQ. The TCEQ may approve the annual standby fees as requested, or it may approve a lower annual standby fee, but it shall not approve an annual standby fee greater than the amount requested. The standby fee is a personal obligation of the person owning the undeveloped property on January 1 of the year for which the fee is assessed. A person is not relieved of his pro-rated share of the standby fee obligation on transfer of title to the property. On January 1 of each year, a lien is attached to the undeveloped property to secure payment of any standby fee imposed and the interest or penalty, if any, on the fee. The lien has the same priority as a lien for taxes of the District. The purpose of standby fees is to distribute a fair portion of the cost burden for operations and maintenance costs and debt service of the District facilities to owners of property who have not constructed vertical improvements but have water, wastewater or drainage facilities or services available. Any revenues collected from the operations and maintenance standby fees shall be used to supplement the District's operations and maintenance account.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice. 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 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, Texas 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-200701120
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 21, 2007
The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 30, 2007. The commission will consider any written comments received and the commission may withdraw or withhold approval of a S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.
Copies of each of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. April 30, 2007. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.
(1) COMPANY: Plain-O-Gas, Inc. dba Fina; DOCKET NUMBER: 2006-0321-PST-E; TCEQ ID NUMBER: RN101542512; LOCATION: 1421 North Central Expressway, Plano, Collin County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to maintain the UST records as required; 30 TAC §115.244(2) and (3), and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II Vapor Recovery System; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to provide Stage II in-house training to ensure that at least one Station representative receive training and instruction in the operation and maintenance of the Stage II vapor recovery system by successfully completing a training course approved the Executive Director and by failing to ensure that each such Station representative is then responsible for making every current and future employee aware of the purposes and correct operating procedures of the system; 30 TAC §115.246(1) and (3), and THSC, §382.085(b), by failing to have a current copy of the CARB Executive Order for the Stage II vapor recovery system; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the State II equipment at least once every 12 months; 30 TAC §115.242(3)(A), (3)(L), and (9) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition, as specified by the manufacturer and/or any applicable CARB Executive Order(s), and free of defects that would impair the effectiveness of the system, including, but not limited to absence or disconnection of any component that is a part of the approved system; 30 TAC §334.49(c)(4) and TWC, §26.3475(d), by failing to have the corrosion protection system inspected and tested at least once every three years; 30 TAC §334.50(a)(1)(A) and TWC, §26.3475(a) and (c)(1), by failing to provide a method of release detection capable of detecting a release from any portion of the UST system which contained regulated substances including tanks, piping, and other ancillary equipment; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to conduct proper release detection for the piping associated with the UST system; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to conduct the annual line leak detector test for all line leak detectors within every twelve months; and 30 TAC §334.8(c)(4)(B), by failing to submit a true and accurate UST registration and self-certification form to the TCEQ; PENALTY: $17,600; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200701095
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 20, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment one draft Total Maximum Daily Load (TMDL) for dissolved oxygen in Mid Cibolo Creek (Segment 1913) of the San Antonio River Basin, located in Bexar, Guadalupe, and Comal Counties. The TCEQ will conduct a public meeting to receive comments on the draft TMDL. This announcement also constitutes notice that the TMDL will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in the state of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDL for bacteria in Mid Cibolo Creek (Segment 1913). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comments on each of the six major components of the TMDL: problem definition, endpoint identification, source analysis, linkage between sources and receiving waters, margin of safety, and pollutant loading allocation. After the public comment period, TCEQ staff may revise the TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments will be made available on the TCEQ Web site referenced below. The TMDL will then be submitted to EPA Region 6 for approval. Upon approval, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan.
The public comment meeting will be held on April 11, 2007, at 7:00 p.m., at the City of Cibolo Council Chambers, 200 South Main Street, Cibolo, Texas 78108. At this meeting, individuals have the opportunity to present oral statements when called upon in order of registration. There will be no agenda or presentations given, open discussion will not occur during the meeting. However, an agency staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before and after all public comments have been received.
Written comments should be submitted to Andrew Sullivan, TCEQ Water Programs Division, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., April 30, 2007, and should reference, One Total Maximum Daily Load for Dissolved Oxygen in Mid Cibolo Creek, For Segment Number 1913. For further information regarding the draft TMDL, please contact Andrew Sullivan, Water Programs Division, at (512) 239-4587 or asulliva@tceq.state.tx.us . Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the commission at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200701110
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 21, 2007
The following notices were issued during the period of March 15, 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.
CONROE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. 12204-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located on the grounds of Stephen F. Austin Elementary School, approximately 1,250 feet west of the intersection of State Highway 105 and Waukegan in the town of Cut and Shoot in Montgomery County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 57 has applied for a major amendment to TPDES Permit No. WQ0014519001 to authorize an increase in the discharge of treated domestic wastewater to a daily average flow not to exceed 150,000 gallons per day in the interim I phase, reduce the flow to 300,000 gallons per day in the interim II phase and to authorize a change in the discharge route. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day in the final phase. The facility is located approximately 5,200 feet east of Farm-to-Market Road 1463, approximately 10,000 feet north of the intersection of Farm-to-Market Road 1463 and Farm-to-Market Road 1093 in Fort Bend County, Texas.
HOLMES FOODS, INC. which proposes to operate a chicken hatchery facility, has applied for a new permit, proposed TPDES Permit No. WQ0004797000, to authorize the discharge of treated hatchery washdown water at a daily average flow not to exceed 7,000 gallons per day via Outfall 001; or via irrigation of 4.61 acres of Coastal Bermuda Grass. This application was submitted to the Texas Commission on Environmental Quality (TCEQ) on June 21, 2006. The facility and irrigation area are located on the western side of Farm-to-Market Road 1116, 5.8 miles south of the intersection of State Highway 97 and Farm-to-Market Road 1116, Gonzales County, Texas.
RANDOLPH WATER SUPPLY CORPORATION has applied for a new permit, proposed TPDES Permit No. WQ0014752001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 21,800 gallons per day. This facility was previously permitted under TPDES Permit No. 11343-001 which expired December 1, 2005. The facility is located on Farm-to-Market Road 896, 0.5 mile south of State Highway Business 121 in Fannin County, Texas.
THOMPSON WATER COMPANY, INC. has applied for a renewal of TPDES Permit No. 11508-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The existing permit also authorizes the disposal of treated domestic wastewater via irrigation of 19.2 acres of non-public access agricultural land. The facility is located approximately 0.2 mile east-northeast of the intersection of U.S. Highway 84 and Farm-to-Market Road 1580 in Freestone 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-200701118
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 21, 2007
Notices issued March 14, 2007 and March 20, 2007
APPLICATION NO. 12131; Jefferson County Drainage District No. 6, P.O. Box 20078, Beaumont, Texas 77720-0078, has applied for a Water Use Permit to divert flood flows from the South Fork of Mayhaw Bayou, Neches-Trinity Coastal Basin, into an excavated diversion channel for diversion to Spindletop Bayou and the Gulf Intercoastal Waterway for flood control purposes in Jefferson County. The application and fees were received on November 29, 2006. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on January 5, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
APPLICATION NO. 5912; The City of Bryan, applicant, P.O. Box 1000, Bryan, Texas 77805-1000, has applied for authorization to use the bed and banks of several watercourses to transport current and future groundwater-based return flows and to divert and reuse those flows for municipal, industrial, and agricultural purposes in all or part of Brazos, Grimes, Washington, Waller, Austin, Fort Bend, and Brazoria Counties within the Brazos River Basin. The application and partial fees were received on August 5, 2005. Additional information and fees were received on April 14, 2006, July 6, 2006, and August 22, 2006. The Executive Director returned the application and fees for failure to supply requested information on September 21, 2006. On October 16, 2006 Applicant filed a Motion to Overturn. The Applicant's motion was considered and granted by the Commission on December 13, 2006. The application is considered administratively complete as of December 20, 2006. This application is being filed with the Office of the Chief Clerk on February 9, 2007. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by April 23, 2007.
APPLICATION NO. 5913; The City of College Station, applicant, P.O. Box 9960, College Station, Texas 77842-0960, has applied for authorization to use the bed and banks of several watercourses to transport current and future groundwater-based return flows and to divert and reuse those flows for municipal, industrial, and agricultural purposes in all or part of Brazos, Grimes, Washington, Waller, Austin, Fort Bend, and Brazoria Counties within the Brazos River Basin. The application and partial fees were received on August 5, 2005. Additional information and fees were received on April 14, 2006; July 7, 2006; and August 22, 2006. The Executive Director retuned the application and fees for failure to supply requested information on September 21, 2006. On October 16, 2006 Applicant filed a Motion to Overturn. The Applicant's motion was considered and granted by the Commission on December 13, 2006. The application is considered administratively complete as of December 20, 2006. This application is being filed with the Office of the Chief Clerk on February 9, 2007. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by April 23, 2007. The Texas Commission on Environmental Quality (TCEQ) may grant a contested case hearing on this application if a written hearing request is filed by April 23, 2007.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment, and is not a contested case hearing.
The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided below.
If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200701119
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 21, 2007
Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Miller at (512) 463-5780 or (800) 325-8506.
Deadline: Lobby Activities Report due August 10, 2006
Michael W. Higgins, 627 Radam Lane, Austin, Texas 78745
Mark Seale, P.O. Box 301805, Austin, Texas 78703-0031
Deadline: Lobby Activities Report due October 10, 2006
Michael W. Higgins, 627 Radam Lane, Austin, Texas 78745
Deadline: Lobby Activities Report due December 11, 2006
David Cain, 3333 Lee Pkwy, Ste. 600, Dallas, Texas 75219
Jack C. Ogg, 6363 Woodway Dr., Ste. 870, Houston, Texas 77057
Deadline: Lobby Activities Report due January 10, 2007
Frank Jackson, 701 Brazos, #500, Austin, Texas 78701
Morris Burns, Permian Basin Petroleum Assn, P.O. Box 132, Midland, Texas 79702
Alan R. Erwin, 1210 San Antonio, Ste. 700, Austin, Texas 78701
Jacob C. Fuller, 617 N. McColl Cir, McAllen, Texas 78501
Mike French, 816 Congress Ave., Ste. 940, Austin, Texas 78701
Jo Betsy Norton, 6210 E. Highway 290, Austin, Texas 78723
Johnny Villarreal, 1907 Freeman St., Houston, Texas 77009
Jeffrey E. Heckler, 502 W. 13th St., Austin, Texas 78701
Anthony Haley, 919 Congress Ave., Ste. 1130, Austin, Texas 78701
John Colyandro, 316 Congress Ave., Austin, Texas 78701
Todd M. Smith, 2204 Hazeltine Ln., Austin, Texas 78747
Elaine Jefferson, American Cancer Society, 6301 Richmond Ave., Houston, Texas 77057
Roland M. Chavez, 1907 Freeman St., Houston, Texas 77009
John Kroll, 919 Congress Ave., Ste. 1130, Austin, Texas 78701-2157
Daniel Arrigona, 316 Congress Ave., Austin, Texas 78701
Katherine Hunter-Blyden, 7301 Metro Center Dr., Austin, Texas 78744
David J. Wukoson, 4900 Woodway, Ste. 900, Houston, Texas 77056
Deadline: Personal Financial Statement due August 14, 2006
Bernhard T. Mittemeyer, 3601 4th St., STOP 6258, Lubbock, Texas 79430
Deadline: Personal Financial Statement due June 30, 2006
Marcellus A. Taylor, 837 Winchester Dr., Lewisville, Texas 75056
TRD-200701028
David A. Reisman
Executive Director
Texas Ethics Commission
Filed: March 15, 2007
Request for Grant Applications (RFA) for the Crime Stoppers Assistance Fund Program
The Criminal Justice Division (CJD) of the Governor's Office is soliciting grant applications to support certified Crime Stoppers organizations in Texas during the state fiscal year 2008 grant cycle.
Purpose: The purpose of the Crime Stoppers Assistance funding is to enhance and assist the community's efforts in solving serious crimes.
Available Funding: State funding is authorized for these projects under Article 102.013, Texas Code of Criminal Procedure, which designated CJD as the funds administering agency. The source of funding is a biennial appropriation by the Texas Legislature from funds collected through court costs and fees.
Funding Levels:
(1) Minimum grant award - $1,500.
(2) Maximum grant award - $15,000.
Required Match: None.
Standards: Grantees must comply with the standards applicable to this funding source cited in the Texas Administrative Code (1 TAC Chapter 3) and all statutes, requirements and guidelines applicable to this funding.
Prohibitions: Grant funds may not be used to support the following services, activities, and costs:
(1) proselytizing or sectarian worship;
(2) lobbying and administrative advocacy;
(3) promotional advertisements of any kind;
(4) entertainment or refreshments;
(5) subscription fees or dues;
(6) fundraising activities;
(7) office space rental;
(8) extended equipment services arrangements;
(9) contributions;
(10) purchase or improvement of real estate;
(11) rewards, except for statewide projects; and
(12) attorney fees.
Eligible Applicants: Crime Stoppers organizations as defined by Section 414.001(2) of the Texas Government Code that are certified by the Crime Stoppers Advisory Council to receive repayments under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Article 42.12 of the Texas Code of Criminal Procedure. Section 414.001(2) of the Texas Government Code defines a ''crime stoppers organization'' as follows:
(1) a private, nonprofit organization that is operated on a local or statewide level, that accepts and expends donations for rewards to persons who report to the organization information about criminal activity and that forwards the information to the appropriate law enforcement agency; or
(2) a public organization that is operated on a local or statewide level, that pays rewards to persons who report to the organization information about criminal activity, and that forwards the information to the appropriate law enforcement agency.
Requirements: Crime Stoppers programs must focus on reducing crime through the operation of a hotline that receives information about criminal activities and fugitives from members of the public, guarantees anonymity, forwards the information to the appropriate law enforcement agency, and pays rewards.
Project Period: Grant-funded projects must begin on or after September 1, 2007, and expire on or before August 31, 2008.
Application Process: Applicants must access CJD's grant management website at https://cjdonline.governor.state.tx.us to register and apply for funding.
Preferences: Preference will be given to projects that support information systems such as 24-hour tip hotlines, technology upgrades, and participation in the annual campus conference.
Closing Date for Receipt of Applications: All applications must be submitted via CJD's grant management website on or before May 15, 2007.
Selection Process: Applications will be reviewed by CJD staff members or a group selected by the executive director of CJD. CJD will make all final funding decisions based on eligibility, reasonableness of the project, availability of funding, and cost-effectiveness.
Contact Person: If additional information is needed, contact Betty Bosarge at bbosarge@governor.state.tx.us or (512) 463-1784.
TRD-200701111
Christopher Burnett
Assistant General Counsel
Office of the Governor
Filed: March 21, 2007
The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for projects that support juvenile justice and delinquency prevention during the state fiscal year 2008 grant cycle.
Purpose: The purpose of the JJDP Act Fund Program is to improve the juvenile justice system and develop effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency.
Available Funding: Federal funding is authorized under the Juvenile Justice and Delinquency Prevention Act of 2002, Public Law 107-273, 42 U.S.C 5601 et seq. All grants awarded from this fund must comply with the requirements contained therein. As of the date of the issuance of this RFA, the U.S. Congress has not finalized federal appropriations for federal fiscal year 2007.
Funding Levels: All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law.
Required Match: None.
Standards: Grantees must comply with the standards applicable to this funding source contained in the Texas Administrative Code (1 TAC Chapter 3) and all statutes, requirements, and guidelines applicable to this funding. In addition, grantees must comply with the federal regulations at 28 C.F.R. §31.
Prohibitions: Grant funds may not be used to support the following services, activities, and costs:
(1) proselytizing or sectarian worship;
(2) lobbying;
(3) any portion of the salary of, or any other compensation for, an elected or appointed government official;
(4) vehicles or equipment for government agencies that are for general agency use;
(5) weapons, ammunition, explosives or military vehicles;
(6) admission fees or tickets to any amusement park, recreational activity or sporting event;
(7) promotional gifts;
(8) food, meals, beverages, or other refreshments unless the expense is for a working event where full participation by participants mandates the provision of food and beverages and the event is not related to amusement and/or social activities in any way;
(9) membership dues for individuals;
(10) any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state or local funds (i.e., supplanting);
(11) fundraising;
(12) construction;
(13) medical services;
(14) transportation, lodging, per diem or any related costs for participants, when grant funds are used to develop and conduct training;
(15) legal services for adult offenders; and
(16) overtime pay.
Eligible Applicants:
(1) State agencies;
(2) Units of local government;
(3) Independent school districts;
(4) Nonprofit corporations;
(5) Indian tribes performing law enforcement functions;
(6) Crime control and prevention districts;
(7) Universities;
(8) Colleges; and
(9) Faith-based organizations. Faith-based organizations must be tax-exempt nonprofit entities as certified by the Internal Revenue Service.
Requirements:
(1) Applicants must address one or more of the following JJDP purpose areas:
(a) Aftercare/Reentry;
(b) Alternatives to detention;
(c) Court Services;
(d) Delinquency Prevention;
(e) Disproportionate Minority Contact;
(f) Diversion;
(g) Gangs;
(h) Jail Removal;
(i) Juvenile Justice System Improvement;
(j) Mental Health Services;
(k) Mentoring;
(l) Probation;
(m) School Programs;
(n) Sex Offender Programs;
(o) Substance Abuse; and
(p) Youth Courts.
(2) In addition, all juvenile justice projects must address one or more of the following priorities:
(a) Family Stability. Programs or other initiatives designed to strengthen family support systems in an effort to positively impact the lives of youth and divert them from a path of serious, violent, or chronic delinquency.
(b) Substance Abuse Early Intervention and Prevention. Programs or other initiatives designed to address the use and abuse of illegal and other prescription and nonprescription drugs and the use and abuse of alcohol. Programs or other initiatives include control, prevention, and treatment.
(c) Education. Programs or other initiatives designed to prevent truancy, suspension, and expulsion. School safety programs may include support for school resource officers and law-related education.
(d) Disproportionate Minority Contact (DMC). Programs or other initiatives designed to address the disproportionate number of juvenile members of minority groups who come into contact with the juvenile justice system.
(e) Justice System Impact. Programs or other initiatives designed to impact offender accountability and/or improve the practices, policies, or procedures within the juvenile justice system.
(f) Gang Prevention. Programs or other initiatives designed to address issues related to juvenile gang activity, including prevention and intervention efforts directed at reducing gang-related activities.
(g) Rural Access. Programs or other initiatives designed to provide prevention, intervention, and treatment services located outside a metropolitan area.
(h) Training. Programs or other initiatives designed to offer specialized training for staff working directly with at-risk youth or juvenile offenders that can positively impact the quality of the services, staff turnover rates, and program stability.
Project Period: Grant-funded projects must begin on or after September 1, 2007, and expire on or before August 31, 2008.
Application Process: Applicants must access CJD's grant management website at https://cjdonline.governor.state.tx.us to register and apply for funding.
Preferences: Preference will be given to those applicants that demonstrate cost effective programs focused on proven or promising approaches to services provision.
Closing Date for Receipt of Applications: All applications must be submitted via CJD's grant management website on or before May 15, 2007.
Selection Process:
(1) For eligible local and regional projects:
(a) Applications will be forwarded by CJD to the appropriate regional council of governments (COG).
(b) The COG's criminal justice advisory committee will prioritize all eligible applications based on identified community and/or comprehensive planning, cost and program effectiveness.
(c) CJD will accept priority listings that are approved by the COG's executive committee.
(d) CJD will make all final funding decisions based on approved COG priorities, reasonableness of the project, availability of funding, and cost-effectiveness.
(2) For state discretionary projects, applications will be reviewed by CJD staff members or a group selected by the executive director of CJD. CJD will make all final funding decisions based on eligibility, reasonableness of the project, availability of funding, and cost effectiveness.
Contact Person: If additional information is needed, contact Ryan Clinton at ryan.clinton@governor.state.tx.us or (512) 463-1919.
TRD-200701112
Christopher Burnett
Assistant General Counsel
Office of the Governor
Filed: March 21, 2007
The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for local projects to implement comprehensive plans for local juvenile delinquency prevention developed by communities during the state fiscal year 2008 grant cycle.
Purpose: The purpose of the Title V Fund is to reduce delinquency and youth violence by supporting communities in providing their children, families, neighborhoods, and institutions with the knowledge, skills, and opportunities necessary to foster a healthy and nurturing environment which supports the growth and development of productive and responsible citizens.
Available Funding: Federal funding is authorized under the Juvenile Justice and Delinquency Act of 2002, Title V, Public Law 107-273, codified as amended at 42 U.S.C. 5781 et seq. All grants awarded from this fund must comply with the requirements contained therein. As of the date of the issuance of this RFA, the U.S. Congress has not finalized federal appropriations for federal fiscal year 2007. All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law.
Funding Levels: Grantees are allowed a maximum of three years of funding (this includes any years previously funded for the same project). The minimum award amount is $25,000 and the maximum award amount is $100,000.
Required Match: Grantees must provide matching funds of at least thirty-four percent (34%) of total project expenditures. This requirement may be met through cash and/or in-kind contributions.
Standards: Grantees must comply with the standards applicable to this funding source cited in the Texas Administrative Code (1 TAC Chapter 3) and all statutes, requirements, and guidelines applicable to this funding. In addition, grantees must comply with the federal regulations at 28 C.F.R. §31.
Prohibitions: Grant funds may not be used to support the following services, activities, and costs:
(1) proselytizing or sectarian worship;
(2) lobbying;
(3) any portion of the salary of, or any other compensation for, an elected or appointed government official;
(4) vehicles or equipment for government agencies that are for general agency use;
(5) weapons, ammunition, explosives or military vehicles;
(6) admission fees or tickets to any amusement park, recreational activity or sporting event;
(7) promotional gifts;
(8) food, meals, beverages, or other refreshments unless the expense is for a working event where full participation by participants mandates the provision of food and beverages and the event is not related to amusement and/or social activities in any way;
(9) membership dues for individuals;
(10) any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state or local funds (i.e., supplanting);
(11) fundraising;
(12) construction;
(13) medical services;
(14) transportation, lodging, per diem or any related costs for participants, when grant funds are used to develop and conduct training;
(15) legal services for adult offenders; and
(16) overtime pay.
Eligible Applicants: Units of local government entering their third consecutive year of Title V funding.
Requirements:
(1) Each community applying for funds must have a local prevention policy board that will direct the project and develop a three-year delinquency prevention plan. The prevention plan must be based on an assessment of risk factors associated with the development of delinquent behavior in the community's children. This plan must address one or more of the following activities:
(a) Alcohol and substance abuse prevention services;
(b) Tutoring and remedial education;
(c) Child and adolescent health and mental health services;
(d) Recreation services;
(e) Leadership and youth development activities;
(f) Teaching accountability;
(g) Assistance in the development of job training skills; and
(h) Other Data-driven evidence based prevention programs.
(2) Applicants must address one or more of the following Title V purpose areas:
(a) Delinquency Prevention;
(b) Gangs;
(c) Mental Health Services;
(d) Mentoring;
(e) School Programs;
(f) Substance Abuse; and
(g) Youth Courts.
(3) In addition, all juvenile justice projects must address one or more of the following priorities:
(a) Family Stability. Programs or other initiatives designed to strengthen family support systems in an effort to positively impact the lives of youth and divert them from a path of serious, violent, or chronic delinquency.
(b) Substance Abuse Early Intervention and Prevention. Programs or other initiatives designed to address the use and abuse of illegal and other prescription and nonprescription drugs and the use and abuse of alcohol. Programs or other initiatives include control, prevention, and treatment.
(c) Education. Programs or other initiatives designed to prevent truancy, suspension, and expulsion. School safety programs may include support for school resource officers and law-related education.
(d) Disproportionate Minority Contact (DMC). Programs or other initiatives designed to address the disproportionate number of juvenile members of minority groups who come into contact with the juvenile justice system.
(e) Justice System Impact. Programs or other initiatives designed to impact offender accountability and/or improve the practices, policies, or procedures within the juvenile justice system.
(f) Gang Prevention. Programs or other initiatives designed to address issues related to juvenile gang activity, including prevention and intervention efforts directed at reducing gang-related activities.
(g) Rural Access. Programs or other initiatives designed to provide prevention, intervention, and treatment services located outside a metropolitan area.
(h) Training. Programs or other initiatives designed to offer specialized training for staff working directly with at-risk youth or juvenile offenders that can positively impact the quality of the services, staff turnover rates, and program stability.
Project Period: Grant-funded projects must begin on or after September 1, 2007, and expire on or before August 31, 2008.
Application Process: Applicants must access CJD's grant management website at https://cjdonline.governor.state.tx.us to register and apply for funding.
Preferences: Preference will be given to applicants that demonstrate cost effective programs and comprehensive approaches to service provision.
Closing Date for Receipt of Applications: All applications must be submitted via CJD's grant management website on or before May 15, 2007.
Selection Process: For state discretionary projects, applications will be reviewed by CJD staff members or a group selected by the executive director of CJD. CJD will make all final funding decisions based on eligibility, reasonableness, availability of funding, and cost effectiveness.
Contact Person: If additional information is needed, contact Ryan Clinton at ryan.clinton@governor.state.tx.us or at (512) 463-1919.
TRD-200701113
Christopher Burnett
Assistant General Counsel
Office of the Governor
Filed: March 21, 2007
The Texas Health and Human Services Commission announces its intent to submit Amendment Number 762, Transmittal Number 07-003 to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed effective date for the amendment is January 1, 2007.
The purpose of this amendment is to incorporate the requirements of Section 6032 of the Deficit Reduction Act of 2005 (P.L. 109-171), "Employee Education about False Claims Recovery" into the Medicaid State Plan. Section 6032, now codified as Section 1902(a)(68) of the Social Security Act, requires entities that receive or make annual payments under the State Plan of at least $5 million to take certain actions to combat fraud in the Medicaid program. These entities must: (a) establish written policies that provide detailed information about the False Claims Act and other related laws, and the whistleblower protections under these laws; (b) provide detailed information regarding their policies and procedures for detecting and preventing fraud, waste and abuse; and (3) include in employee handbooks a specific discussion of the false claims laws, the rights of employees to be protected as whistleblowers, and the entity’s policies and procedures for detecting and preventing fraud, waste and abuse. The written policies apply to the entities’ employees, management, contractors, and agents. As required under Section 6032, these entities must meet these requirements as a condition of receiving Medicaid payments.
The amendment is estimated to increase Medicaid Program administrative costs by $3.85 million per federal fiscal year in total expenditures. The federal expenditures are estimated to increase by $1.925 million per federal fiscal year and the state general revenue expenditures are estimated to increase by $1.925 million per federal fiscal year continuously.
For additional information and copies of the proposed amendment, interested parties may contact Barbara Davenport by mail at Policy Development Support, Medicaid/CHIP Division, Health and Human Services Commission, P.O. Box 85200, MC-H630, Austin, Texas 78708-5200; by telephone at (512) 491-1104; or by e-mail at barbara.davenport@hhsc.state.tx.us. Copies of the amendment will also be made available for public review at the local offices of the Department of Aging and Disability Services.
TRD-200701130
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 21, 2007
The Commissioner of Insurance (Commissioner) will hold a public hearing under Docket No. 2665 on April 11, 2007, at 1:30 p.m. in Room 102 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider the appointment of a local recording agent representative to the Board of Directors of the Texas Windstorm Insurance Association (TWIA). Wallace C. Goodman, of Borden Insurance in Corpus Christi, Texas, has been nominated by the Independent Insurance Agents of Texas, for appointment to a three-year term as one of the two local recording agent members to serve on the TWIA Board.
The hearing is held pursuant to Texas Insurance Code, Article 21.49, §5A (§2210.008, effective April 1, 2007) which provides that the Commissioner after notice and hearing, may issue any orders considered necessary to carry out the purposes of Article 21.49 (Texas Windstorm Insurance Association Act) (Chapter 2210, Texas Windstorm Insurance Act, effective April 1, 2007) including but not limited to, maximum rates, competitive rates, and policy forms. Any person may appear and testify for or against the proposed appointment.
Texas Insurance Code Article 21.49 §5(g) (§2210.102(a), effective April 1, 2007) provides that the TWIA Board of Directors shall be composed of nine members. Article 21.49, §5(g)(3), provides that two of the TWIA board members shall be local recording agents licensed under the Insurance Code with demonstrated experience in the TWIA and who, as of the date of the appointment, have principal offices located in the catastrophe area. Effective September 1, 2001, Article 21.14 of the Texas Insurance Code was amended to consolidate the licensing of the local recording agent under the term general property and casualty agent; and the title of local recording agent was eliminated from licensing provisions. (Article 21.14 was recodified as §4051.051 of the Texas Insurance Code, effective September 1, 2003.) Effective April 1, 2007, Article 21.49 §5(g)(3) is recodified as §2210.102(a)(3) of the Texas Insurance Code and amended to change the local recording agent representatives to general property and casualty agent representatives.
Article 21.49 §5(h) (§2210.103(a), effective April 1, 2007) provides that members of the TWIA Board of Directors serve three-year staggered terms with the terms of three members expiring on the third Tuesday of March of each year.
Any questions concerning this matter should be addressed to Marilyn Hamilton, Associate Commissioner, Personal and Commercial Lines Division, MC 104-PC, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104.
TRD-200701102
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: March 20, 2007
Instant Game Number 813 "Doubling 7's"
1.0 Name and Style of Game.
A. The name of Instant Game No. 813 is "DOUBLING 7'S." The play style for Game 1 is "match 3 of 6 with doubler." The play style for Game 2 is "key symbol match with doubler." The play style for Game 3 is "key number match with doubler."
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 813 shall be $7.00 per ticket.
1.2 Definitions in Instant Game No. 813.
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: $7.00, $14.00, $21.00, $35.00, $70.00, $350, $700, $7,000, $70,000, 7 SYMBOL, HORSESHOE SYMBOL, DOLLAR SIGN SYMBOL, GOLD BAR SYMBOL, WISHBONE SYMBOL, STAR SYMBOL, CLOVER SYMBOL, 01, 02, 03, 04, 05, 06, 08, 09, 10, 11, 12, 13, 14, 15, 16, 18, 19, or 20.
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 $7.00, $14.00, or $21.00.
H. Mid-Tier Prize--A prize of $35.00, $70.00, or $350.
I. High-Tier Prize--A prize of $700, $7,000, or $70,000.
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 (813), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 813-0000001-001.
L. Pack--A pack of "DOUBLING 7'S" Instant Game tickets contains 75 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 075 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 "DOUBLING 7'S" Instant Game No. 813 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 "DOUBLING 7'S" Instant Game is determined once the latex on the ticket is scratched off to expose 38 (thirty-eight) Play Symbols. For Game 1, if a player reveals 3 (three) identical amounts, the player wins that amount. If a player reveals 2 (two) identical amounts and a "7" SYMBOL, the player wins DOUBLE that amount shown. For Game 2, if a player matches any of YOUR SYMBOLS to the LUCKY SYMBOL, the player wins the PRIZE shown for that symbol. If a player reveals a "7" SYMBOL, the player wins DOUBLE the PRIZE shown below instantly. For Game 3, if a player matches any of YOUR NUMBERS to any CASH NUMBER, the player wins the PRIZE shown for that number. If a player reveals a "7" SYMBOL, the player wins DOUBLE the prize shown for that number. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 38 (thirty-eight) 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 38 (thirty-eight) 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 38 (thirty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 38 (thirty-eight) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a book will not have identical patterns.
B. The $7,000 and $70,000 prize symbols will appear at least once on all the tickets, with the exception of the fifteen (15) times win.
C. GAME 1: Players can win once in this play area.
D. GAME 1: There will never be more than one (1) set of three (3) matching prize amounts on a single ticket.
E GAME 1: There will never be more than three (3) matching prize amounts an a single ticket.
F. GAME 1: On winning tickets, two (2) matching symbols and the "7" symbol will win 2 times the prize amount shown and will win as per the prize structure.
G. GAME 1: There will never be more than one (1) "7" symbol in this game.
H. GAME 1: On non-winning tickets, the "7" symbol may appear when all symbols are unique.
I. GAME 1: The "7" symbol will never appear on a ticket which contains three (3) matching Play symbols.
J. GAME 1: No more than two pairs of matching play symbols will appear on a ticket which does not contain a "7" symbol.
K. GAME 1: No more than one pair of matching play symbols will appear on a ticket containing a "7" symbol.
L. GAME 2: Players can win up to four (4) times in this play area.
M. GAME 2: The "7" symbol will win DOUBLE the prize amount shown below it, and will appear as indicated on the prize structure.
N. GAME 2: The "7" symbol will never appear more than once on a ticket.
O. GAME 2: The "7" symbol will only appear on winning tickets.
P. GAME 2: The "7" symbol will never appear as the LUCKY SYMBOL.
Q. GAME 2: No more than two (2) matching non-winning prize symbols on a ticket.
R. GAME 2: No more than two (2) matching non-winning YOUR SYMBOLS on a ticket.
S. GAME 3: Players can win up to ten (10) times in this play area.
T. GAME 3: No more than two (2) matching non-winning prize symbols on a ticket.
U. GAME 3: No more than two (2) matching non-winning YOUR NUMBERS on a ticket.
V. GAME 3: Non-winning prize symbols will not match a winning prize symbol on a ticket.
W. GAME 3: The "7" symbol will only appear on winning tickets and will win as indicated on the prize structure.
X. GAME 3: The "7" symbol will never appear as a CASH NUMBER.
Y. GAME 3: No duplicate CASH NUMBERS will appear on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "DOUBLING 7'S" Instant Game prize of $7.00, $14.00, $21.00, $35.00, $70.00, or $350, 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 $35.00, $70.00, or $350 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 "DOUBLING 7'S" Instant Game prize of $700, $7,000, or $70,000, 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 "DOUBLING 7'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Office of the Attorney General;
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 "DOUBLING 7'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "DOUBLING 7'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family, or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code, §466.408. Any prize not claimed within that period and in the manner specified in these Game Procedures and on the back of each ticket shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales, and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000 tickets in the Instant Game No. 813. 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. 813 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. 813, 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-200701092
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 20, 2007
A. The name of Instant Game No. 823 is "$130 MILLION SPECTACULAR." The play style for Game 1 is "match up with doubler." The play style for Game 2 is "three in a line with multiplier." The play style for Game 3 is "beat score with multiplier". The play style for game 4 is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 823 shall be $50.00 per ticket.
1.2 Definitions in Instant Game No. 823.
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: $3.00, $5.00, $10.00, $20.00, $25.00, $50.00, $70.00, $100, $200, $500, $1,000, $2,000, $5,000, $1 MILL SYMBOL, $5 MILL SYMBOL, 2X SYMBOL, STAR SYMBOL, MOON SYMBOL, 5 TIMES SYMBOL, 1 TIMES SYMBOL, 3 SYMBOL, 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, or DOLLAR BILL SYMBOL.
D. Play Symbol Caption--the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
E. 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.
F. Mid-Tier Prize--A prize of $50.00, $60.00, $70.00, $100, $200, $300, or $500.
G. High-Tier Prize--A prize of $1,000, $2,000, $20,000, $50,000, $1,000,000, or $5,000,000.
H. 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.
I. Pack-Ticket Number--A 13 (thirteen) digit number consisting of the three (3) digit game number (823), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 020 within each pack. The format will be: 823-0000001-001.
J. Pack--A pack of "$130 MILLION SPECTACULAR" Instant Game tickets contains 20 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 020 will both be exposed.
K. 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.
L. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "$130 MILLION SPECTACULAR" Instant Game No. 823 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 "$130 MILLION SPECTACULAR" Instant Game is determined once the latex on the ticket is scratched off to expose 53 (fifty-three) play symbols. In Game 1, if a player reveals 3 matching play symbol amounts, the player wins that amount. If a player reveals 2 matching play symbol amounts and a "2X" play symbol, the player wins DOUBLE that amount. In Game 2, if a player reveals 3 "star" play symbols in any one row, column or diagonal, the player wins prize in PRIZE box. A player must scratch the BONUS box for a chance to win 5 TIMES the prize won. In Game 3, if a player's YOUR number play symbol beats THEIR number play symbol within the same game, the player wins PRIZE shown for that game. If a player reveals a "3" play symbol, the player wins TRIPLE the prize shown for that game. In Game 4, if a player matches any of YOUR NUMBERS play symbols to either of the WINNING NUMBERS play symbols, the player wins PRIZE shown for that number. If a player reveals a "dollar bill" play symbol, the player wins ALL 10 PRIZES IN THIS GAME INSTANTLY. No portion of the display printing or 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 53 (fifty-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 53 (fifty-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 53 (fifty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 53 (fifty-three) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. From the prize symbol set below $50, there will be no more than 3 occurrences of these symbols collectively as non-winning prize symbols on a ticket.
C. From the prize symbol set below $50, there will be no more than 2 matching non-winning prize symbols on a ticket.
D. The $1MILL and $5 MILL prize symbols will always appear on non-winning tickets and will each appear on $50,000 and lower winning tickets when prize structure permits.
E. Game 1: No four or more matching play symbols.
F. Game 1: No three matching play symbols on games where the "2X" symbol (doubler) appears.
G. Game 1: No three or four pairs.
H. Game 2: Only the STAR play symbol will appear 3 times in a row, column or diagonal.
I. Game 2: There will be a minimum of 4 STAR play symbols.
J. Game 3: No duplicate non-winning games.
K. Game 3: No more than 3 duplicate YOUR number play symbols or THEIR number play symbols.
L. Game 3: No duplicate non-winning prize symbols.
M. Game 3: Non-winning prize symbols will never be the same as the winning prize symbol(s).
N. Game 3: The "3" symbol (tripler) will appear only as dictated by the prize structure.
O. Game 3: When the "3" symbol (tripler) appears, the THEIR number play symbol in that game will always be "4" or higher.
P. Game 4: No duplicate WINNING NUMBERS play symbols.
Q. Game 4: No duplicate non-winning YOUR NUMBERS play symbols.
R. Game 4: When the "dollar bill" symbol (win all) appears, no YOUR NUMBERS play symbol will match a WINNING NUMBERS play symbol.
S. Game 4: No duplicate non-winning prize symbols in this game.
T. Game 4: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e., 5 and $5).
U. Game 4: Non-winning prize symbols will never be the same as the winning prize symbol(s) in this game.
2.3 Procedure for Claiming Prizes.
A. To claim a "$130 MILLION SPECTACULAR" Instant Game prize of $50.00, $60.00, $70.00, $100, $200, $300, 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, $60.00, $70.00, $100, $200, $300, 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 "$130 MILLION SPECTACULAR" Instant Game prize of $1,000, $2,000, $20,000, or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. To claim a "$130 MILLION SPECTACULAR" top level prize of $1,000,000 or $5,000,000, the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. 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.
D. As an alternative method of claiming a "$130 MILLION SPECTACULAR" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
E. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Office of the Attorney General; 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.
F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$130 MILLION SPECTACULAR" 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 "$130 MILLION SPECTACULAR" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code, §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales, and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 3,600,000 tickets in the Instant Game No. 823. 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. 823 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. 823, 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-200701027
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 15, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 827 is "WEEKLY GRAND." The play style for Game 1 is "yours beats theirs;" the play style for Game 2 is "key symbol match;" and the play style for Game 3 is "key symbol match with auto win."
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 827 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 827.
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, $2.00, $4.00, $5.00, $10.00, $40.00, $100, $300, GRAND SYMBOL, CLOVER SYMBOL, DIAMOND SYMBOL, GOLD BAR SYMBOL, POT OF GOLD SYMBOL, MONEY BAG SYMBOL, and TOP HAT SYMBOL.
D. Play Symbol Caption--the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code--Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. 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 $40.00 or $300.
I. High-Tier Prize--A prize of $1,000/wk ($1,000 per week for 20 years).
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 (827), 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: 827-0000001-001.
L. Pack--A pack of "WEEKLY GRAND" 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 "WEEKLY GRAND" Instant Game No. 827 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 "WEEKLY GRAND" Instant Game is determined once the latex on the ticket is scratched off to expose 15 (fifteen) play symbols. In Game 1, if the player's YOUR NUMBER beats THEIR NUMBER, in any one row across, the player will win the prize for that row. If the player reveals the GRAND symbol, the player will win $1,000 per week for 20 years. In Game 2, if the player matches 3 like prize amounts, the player will win that prize. If the player reveals 3 GRAND symbols, the player will win $1,000 per week for 20 years. In Game 3, if the player matches 2 out of 3 play symbols, the player will win $20 automatically. 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 15 (fifteen) 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 15 (fifteen) 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 15 (fifteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 15 (fifteen) 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. No three or more like non-winning prize symbols on a ticket.
B. Consecutive non-winning tickets will not have identical play data, spot for spot.
C. The $300 and GRAND prize symbols will appear on every ticket unless otherwise restricted.
D. The GRAND symbol may only be used in Games 1 and 2.
E. Non-winning prize symbols will not match a winning prize symbol on a ticket.
F. Game 1: No ties between YOUR NUMBER and THEIR NUMBER in a row.
G. Game 1: No duplicate games on a ticket.
H. Game 1: No duplicate non-winning prize symbols on a ticket.
I. Game 2: No 4 or more of a kind.
2.3 Procedure for Claiming Prizes.
A. To claim a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. When claiming a "WEEKLY GRAND" Instant Game prize of $1,000 per week for 20 years, the claimant must choose one of four (4) payment options for receiving his prize:
1. Weekly via wire transfer to the claimant/winner's account. This will be similar to the current "WEEKLY GRAND" (Game 173) payment process. With this plan, a payment of $1,000.00 less Federal withholding will be made once a week for twenty years. After the initial payment, installment payments will be made every Wednesday.
2. Monthly via wire transfer to the claimant/winner's account. If the claim is made during the month, the claimant/winner will still receive the entire month's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $4,337.00 less Federal withholding will be made the month of the claim. Each additional month, a payment of $4,333.00 less Federal withholding will be made once a month for 20 years. After the initial payment, installment payments will be made on the first business day of each month.
3. Quarterly via wire transfer to the claimant/winner's account. If the claim is made during the quarter, the claimant/winner will still receive the entire quarter's payment. This will allow the flow of payments throughout the 20 years to remain the same. With this plan, a payment of $13,000.00 less Federal withholding will be made each quarter (four times a year) for 20 years. After the initial payment, installment payments will be made on the first business day of the first month of every quarter (January, April, July, October).
4. Annually via wire transfer to the claimant/winner's account. These payments will be made in a manner similar to how jackpot payments are currently handled. With this plan, a payment of $52,000.00 less Federal withholding will be made once a year during the anniversary month of the claim for 20 years. After the initial payment, installment payments will be made on the first business day of the anniversary month.
C. As an alternative method of claiming a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Office of the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "WEEKLY GRAND" 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 "WEEKLY GRAND" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family, or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code, §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales, and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 33,600,000 tickets in the Instant Game No. 827. 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. 827 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. 827, 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-200701093
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 20, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 829 is "BONUS CASHWORD." The play style is "crossword."
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 829 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 829.
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--One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, and blackened square.
D. Play Symbol Caption--The small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each 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 $3.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize--A prize of $100 or $500.
I. High-Tier Prize--A prize of $5,000 or $35,000.
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 (829), 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: 829-0000001-001.
L. Pack--A pack of "BONUS CASHWORD" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 125 will be revealed on the back of the pack. Every other book will reverse i.e., reverse order will be: the back of ticket 001 will be shown on the front of the pack and the front of ticket 125 will be shown on the back of the pack. All packs will be tightly shrink-wrapped. 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 "BONUS CASHWORD" Instant Game No. 829 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 "BONUS CASHWORD" Instant Game is determined once the latex on the ticket is scratched off to expose 141 (one hundred forty-one) possible play symbols. The player must scratch off all 18 (eighteen) boxed squares in the YOUR LETTERS play area to reveal 18 play symbol letters and the boxed squares in the BONUS play area to reveal 2 play symbol letters; then scratch the corresponding letters found in the BONUS CASHWORD puzzle grid play area. If a player scratches at least three (3) complete "words" in the BONUS CASHWORD puzzle grid play area, the player will win the corresponding prize indicated in the prize legend. For each of the 20 play symbol letters revealed in YOUR LETTERS and BONUS play areas, the player must reveal the identical key play symbol letter in the BONUS CASHWORD puzzle grid play area. Letters combined to form a complete "word" must appear in an unbroken horizontal (left to right) sequence or vertical (top to bottom) sequence of letters within the BONUS CASHWORD puzzle grid. Only letters within the BONUS CASHWORD puzzle grid that are matched with the YOUR LETTERS and BONUS LETTERS can be used to form a complete "word". The three (3) small letters outside the squares in the YOUR LETTERS area are for validation purposes and cannot be used to play BONUS CASHWORD. In the BONUS CASHWORD puzzle grid, every lettered square within an unbroken horizontal or vertical sequence must be matched with the YOUR LETTERS or BONUS LETTERS to be considered a complete "word". Words within a word are not eligible for a prize. For example, all the YOUR LETTERS play symbols "S, T, O, N, E" must be revealed for this to count as one complete "word". TON, ONE or any other portion of the sequence of STONE would not count as a complete "word". A complete "word" must contain at least three letters. Letters combined to form a complete "word" must appear in an unbroken vertical (top to bottom) or horizontal (left to right) string of letters in the BONUS CASHWORD. To form a complete word, an unbroken string of letters cannot be interrupted by a block space. Any other words contained within a complete word are not added or counted for purposes of prize legend. Every single letter in the vertical (top to bottom) or horizontal (left to right) unbroken string must: (a) be one of the 18 larger outlined play symbols letters revealed in the play area, YOUR LETTERS or be one of the 2 larger outlined play symbols letters reveals in the play area, BONUS LETTERS, and (b) be included to form a complete "word". The possible complete words for this ticket are contained in the BONUS CASHWORD play area. Each possible complete word must consist of three (3) or more letters and occupy an entire word space. Players must match all of the play symbol letters to the identical key play symbols in a possible complete word in order to complete the word. If the letters revealed form three (3) or more complete words each of which occupy a complete word space on the BONUS CASHWORD play area, the player will win the corresponding prize shown in the prize legend for forming that number of complete words. 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. One hundred forty-one (141) possible 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, 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;
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 141 (one hundred forty-one) possible 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 141 (one hundred forty-one) possible Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 141 (one hundred forty-one) possible 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. A ticket will only win as indicated by the prize structure.
B. Consecutive non-winning tickets within a book will not have identical patterns.
C. Adjacent tickets in a pack will not have identical patterns.
D. Each ticket consists of a YOUR LETTERS area, BONUS LETTERS area and one Bonus Cashword Puzzle Grid.
E. The Bonus Cashword Puzzle Grid will be formatted with at least 1000 configurations (i.e. puzzle layouts not including words).
F. All Bonus Cashword Puzzle Grid configurations will be formatted within a grid that contains 11 spaces (height) by 11 spaces (width).
G. Each word will appear only once per ticket on the Bonus Cashword Puzzle Grid.
H. Each letter will only appear once per ticket in the YOUR LETTERS play area and BONUS LETTERS play area.
I. Each Bonus Cashword Puzzle Grid will contain the following: a) 4 sets of 3 letter words b) 5 sets of 4 letter words c) 3 sets of 5 letter words d) 3 sets of 6 letter words e) 1 set of 7 letter words f) 2 sets of 8 letter words g) 1 set of 9 letter words
J. There will be a minimum of three (3) vowels in the YOUR LETTERS and BONUS LETTERS play areas combined.
K. The length of words found in the Bonus Cashword Puzzle Grid will range from 3-9 letters.
L. Only words from the approved word list will appear in the Bonus Cashword Puzzle Grid.
M. You will never find a word horizontally (in either direction), vertically (in either direction) or diagonally (in either direction) in the YOUR LETTERS play area that matches a word in the Bonus Cashword Puzzle Grid.
N. No one (1) letter, with the exception of vowels, will appear more than nine (9) times in the Bonus Cashword Puzzle grid.
O. No ticket will match eleven (11) words or more.
P. Each ticket may only win one (1) prize.
Q. Three (3) to ten (10) completed words will be revealed as per the prize structure.
R. NON-WINNING TICKETS: Sixteen (16) to eighteen (18) YOUR LETTERS will open at least one (1) letter in the Bonus Cashword Puzzle Grid. At least one of the two BONUS letters will open one or more positions on the Cashword Puzzle Grid.
2.3 Procedure for Claiming Prizes.
A. To claim a "BONUS CASHWORD" Instant Game prize of $3.00, $5.00, $10.00, $20.00, $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 $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 2.3.C of these Game Procedures.
B. To claim a "BONUS CASHWORD" Instant Game prize of $5,000 or $35,000, 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 "BONUS CASHWORD" 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 "BONUS CASHWORD" 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 "BONUS CASHWORD" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code, §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, 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 therefor, 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 therefore. 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 30,000,000 tickets in the Instant Game No. 829. 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.
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. 829 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. 829, 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-200701108
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 21, 2007
Notice of Availability and Request for Comment
Draft Damage Assessment and Restoration Plan
AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Commission on Environmental Quality (TCEQ), and the Texas General Land Office (TGLO) (hereafter, Natural Resource Trustees).
ACTION: Notice of availability of a Draft Damage Assessment and Restoration Plan (DARP) for natural resource damages resulting from the impacts of the July 13, 2002 crude oil discharge from a Petro Hunt L.L.C facility into an un-named tributary of Caney Creek and Caney Creek in Wood County, Texas and of a 30-day period for public comment on the Draft DARP beginning the date of publication of this notice.
SUMMARY: This notice serves to inform the public that the Natural Resource Trustees have developed a Draft DARP to resolve Natural Resource Damages associated with this incident. The Draft DARP outlines the injuries resulting from the unauthorized discharge of oily products into waters of the State of Texas and the adjacent habitats, as well as the proposed restoration project selected to compensate for those injuries.
The opportunity for public review and comment on the Draft DARP announced in this notice is required under the Oil Pollution Act 33 U.S.C. §2706(c)(5), and parallels provisions of 15 CFR §990.14(d) and §990.55 of the federal Natural Resource Damage Assessment regulations.
ADDRESSES: A copy of this Draft DARP may be obtained by contacting: Charles Wood, Trustee Program, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, telephone: (512) 912-7155, e-mail: charles.wood@tpwd.state.tx.us.
DATES: Comments must be submitted in writing within 30 days of the publication of this notice to Charles Wood of the Texas Parks and Wildlife Department at the address listed in the previous paragraph. The Natural Resource Trustees will consider all written comments received during the 30-day comment period prior to finalizing the Draft DARP.
SUPPLEMENTARY INFORMATION:
On July 13, 2002, an injection well suction line in the Conner, B Field north of the city of Coke, Wood County, Texas ruptured resulting in an unauthorized discharge of crude oil to an un-named tributary of Caney Creek and Caney Creek. Approximately 5,680 gallons of API 28 crude oil were discharged into the creeks and adjacent riparian habitat. Oil was observed from the discharge point, approximately 400 yards west of FM69, extending 2.25 miles downstream into Caney Creek. The oiling of habitat ranged from light to very heavy bands of oil on the banks, snags and vegetation adjacent to and in the creek.
Natural resources or their services were injured as a result of the spill and spill response actions. Resources injured include: riparian habitat, wetland habitats, surface waters and biota, which would include fish, birds, other wildlife species and benthic communities.
Response actions were successful in removing a large portion of the oil within about 15 days of oiling in the areas most heavily impacted. In areas where response activities were undertaken, these activities included low pressure flushing and washing of oiled banks and creek bed to collection points, burning of oiled vegetation and debris, and clearing and scraping surface soils and vegetation to remove oil. The primary cleanup was declared complete on July 29, 2002, with monitoring and maintenance activities continuing over the next several months. The response actions described have not adequately addressed, or are not expected to address, the potential injuries from the incident.
Natural Resource Trustees (Trustees) have the authority under OPA (33 U.S.C. Section 2701 et seq.) to assess natural resource injuries resulting from this incident. TPWD, TCEQ, and TGLO are Trustees of the natural resources injured by the Petro-Hunt discharge.
The Natural Resource Trustees have determined that resources subject to their trust authority under this Act were exposed to crude oil as a result of the discharge. The quantity and concentration of the material discharged was sufficient to result in the impairment of exposed habitats. The Trustees, in negotiation with Petro-Hunt, further determined the estimated costs to implement a restoration project to compensate for injuries associated with the July 13, 2002 oil spill. It was jointly determined that in order to resolve natural resource damages liability, Petro-Hunt would pay $50,000.00 to the Trustees for the acquisition and/or preservation of habitat to compensate for lost natural resource services and cover future administrative and implementation costs incurred by the Trustees. The settlement agreement between Petro-Hunt and the Trustees was previously provided to the public for comment. No comments were received by the Trustees during the comment period and the Trustees and Petro-Hunt moved forward with the execution of the settlement agreement. Had the Trustees received any comments they would have been addressed in the finalized document prior to execution. The finalized settlement agreement was executed on December 16, 2004.
In accordance with the Oil Pollution Act of 1990 regulations, the Trustees evaluated a reasonable range of restoration alternatives to compensate for injuries to natural resource services. After examining restoration alternatives and potential restoration sites, the Trustees have identified the preservation of existing offsite high quality habitat as the preferred restoration alternative. The Trustees proposed restoration project would preserve all or portions of a 40 acre tract of bottomlands and wetlands habitat in Wood County.
For further information contact: Charles Wood at (512) 912-7155, fax: (512) 912-7160, e-mail: charles.wood@tpwd.state.tx.us.
TRD-200701106
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: March 21, 2007
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on March 9, 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 North Texas Broadband, LLC for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 33972 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 33972.
TRD-200701029
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 15, 2007
The Public Utility Commission of Texas received an application on March 15, 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 Comcast of Houston, LLC for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 34007 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 34007.
TRD-200701086
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 19, 2007
The Public Utility Commission of Texas received an application on May 15, 2007, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001- 66.016 of the Public Utility Regulatory Act (PURA). A summary of the application follows.
Project Title and Number: Application of Time Warner Cable for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 34009 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 34009.
TRD-200701088
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 19, 2007
The Public Utility Commission of Texas (commission) received an application on March 19, 2007, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Cebridge Acquisition, L.P., doing business as Suddenlink Communications, for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 34022 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 34022.
TRD-200701107
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 21, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 12, 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 Reach Energy, LLC for Retail Electric Provider (REP) Certification, Docket Number 33986 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 6, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 33986.
TRD-200701033
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 15, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 13, 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 Best Energy, Inc. for Retail Electric Provider (REP) Certification, Docket Number 33990 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 6, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 33990.
TRD-200701083
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 19, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 14, 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 True Electric, LLC for Retail Electric Provider (REP) Certification, Docket Number 34003 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 6, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34003.
TRD-200701084
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 19, 2007
On March 15, 2007, Time Warner Cable filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60670. Applicant intends to discontinue traditional circuit switched telephone service to customers residing in the Dallas/Fort Worth area.
The Application: Application of Time Warner Cable for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 34008.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 13, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34008.
TRD-200701087
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 19, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 15, 2007, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of WaveMedia Telecom, L.L.C. for a Service Provider Certificate of Operating Authority, Docket Number 34006 before the Public Utility Commission of Texas.
Applicant intends to provide optical services.
Applicant's requested SPCOA geographic area includes the entire State of Texas currently served by all incumbent local exchange companies.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 4, 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 34006.
TRD-200701085
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 19, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 15, 2007, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of NTS Telephone Company, LLC, doing business as NTS of Levelland, for a Service Provider Certificate of Operating Authority, Docket Number 34012 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, optical services, and long distance services.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 4, 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 34012.
TRD-200701089
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 19, 2007
Notice is given to the public of the filing on March 14, 2007, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on March 23, 2007.
Docket Title and Number: Application of Consolidated Communications of Fort Bend (CCFB), doing business as Consolidated Communications for Approval of LRIC Study for Residential Network Access Line Promotion Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 33996.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 33996. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 33996.
TRD-200701098
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 20, 2007
Notice is given to the public of the filing on March 14, 2007, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on March 23, 2007.
Docket Title and Number: Application of Consolidated Communications of Texas (CCTX), doing business as Consolidated Communications, for Approval of LRIC Study for Residential Network Access Line Promotion Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 33997.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 33997. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 33997.
TRD-200701099
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 20, 2007
Notice is given to the public of the filing on March 19, 2007, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on March 29, 2007.
Docket Title and Number: Application of Windstream Communications Kerrville, LP for Approval of LRIC Study for Reverse Directory Assistance Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 34020.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 34020. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34020.
TRD-200701100
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 20, 2007
Notice is given to the public of the filing on March 19, 2007, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on March 29, 2007.
Docket Title and Number: Application of Windstream Communications Southwest, Inc. for Approval of LRIC Study for Reverse Directory Assistance Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 34021.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 34021. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34021.
TRD-200701101
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 20, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on March 12, 2007, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.
Project Title and Number: Petition for Expanded Local Calling Service from the Ransom Canyon Exchange to the Exchanges of Brownfield, Idalou, Slaton, Wolfforth, and Woodrow, Project Number 33980.
The petitioners in the Ransom Canyon exchange request ELCS to the exchanges of Brownfield, Idalou, Slaton, Wolfforth, and Woodrow.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512)936-7120 or toll free at 1-888-782-8477 no later than May 16, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2789. All comments should reference Project Number 33980.
TRD-200701032
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 15, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on March 9, 2007, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of Verizon Southwest's (Verizon) request for an additional NXX code to satisfy the business requirements of HEB in Weslaco, Texas.
Docket Title and Number: Petition of Verizon Southwest for Waiver of Denial of Numbering Resources. Docket Number 33976.
The Application: Verizon does not have a block of numbers large enough to meet this customer's specific request.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 28, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 33976.
TRD-200701030
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 15, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on March 12, 2007, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of Consolidated Communications of Fort Bend Company's (CCFB) request for a central office (CO) code to satisfy a request from the Memorial Hermann Hospital in Katy, Texas for a specific 1,000-block.
Docket Title and Number: Petition of Consolidated Communications of Fort Bend Company for Waiver of Denial of Numbering Resources. Docket Number 33979.
The Application: Consolidated Communications of Fort Bend Company does not have the blocks of sequential numbers available within the Katy Central Office and is unable to use numbers from another switch to satisfy the customer's request.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 28, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 33979.
TRD-200701031
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 15, 2007
The Public Utility Commission of Texas (commission) approved publication of a proposed new §25.498, relating to Retail Electric Service Using Customer-Premise Prepayment Devices, at the February 9, 2007, Open Meeting. The section relates to minimum requirements for prepaid service using special customer-premise prepayment devices, including required functions for such devices; content, frequency, and delivery of billing information; deferred payment plans; and interruption of service. The proposed new section was published in the Texas Register on February 23, 2007 (32 TexReg 698). Project Number 33814 is assigned to this proceeding.
The commission will hold a public hearing in Project Number 33814 regarding proposed new §25.498, pursuant to Texas Government Code §2001.029, at the commission's offices located in the William B. Travis Building, Commissioners' Hearing Room, 7th Floor, 1701 North Congress Avenue, Austin, Texas 78701, on Friday, April 13, 2007, at 9:30 a.m.
Any questions regarding this notice may be directed to Christine Wright, Electric Industry Oversight Division, at (512) 936-7376. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200701122
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 21, 2007