In Addition

In Addition

Coastal Coordination Council

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 July 11, 2008, through July 17, 2008. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on July 23, 2008. The public comment period for this project will close at 5:00 p.m. on August 22, 2008.

FEDERAL AGENCY ACTIONS:

Applicant: Houston Fuel Oil Terminal Company; Location: The project is located on Carpenters Bayou, approximately 20 miles upstream from the confluence of Carpenters Bayou with the Houston Ship Channel, across from Port of Houston Jacintoport Terminals, at the 16375 Block of Jacintoport Boulevard, in Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Highlands, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 295282; Northing: 3293918. Project Description: The applicant proposes to dredge 1.04 acres of wetlands and to impact 0.06 acre of wetlands during the construction of an access bridge and pipe rack. The applicant also proposes to construct twelve 48-inch mooring dolphins and two 30- by 60-foot docks. The proposed work is associated with the construction of a new barge dock. The applicant proposes to mitigate for the proposed impacts by placing 1.91 acres of wetlands and 3.85 acres of uplands, for a total of 5.76 acres, into a conservation easement in the form of a deed restriction. CCC Project No.: 08-0187-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00275 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

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, including a copy the consistency certifications for inspection, 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-200803674

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: July 18, 2008

Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this Request for Proposals (RFP 189a) for provision of statistician consulting services to the Comptroller. The successful respondent will advise the Comptroller on statistical issues and provide other related services in connection with the Comptroller's Annual Property Value Study (Study). The successful respondent will be expected to begin performance of the Contract on or about September 1, 2008, or as soon thereafter as practical.

Background: The Comptroller requires highly specialized statistical consulting expertise and experience for the services to be provided under the Contract. The Consultant will advise the Comptroller periodically during the year regarding complex statistical and other issues relating to the Study and provide all other reasonably-related services. The anticipated contract budget is not to exceed $45,000.00.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, Room-201, LBJ State Office Building, 111 East 17th St., Austin, Texas 78774, telephone number: (512) 936-5854, regarding the request. The Comptroller will provide further information only to those specifically requesting it. Non-mandatory Letters of Intent and questions must be sent in writing via facsimile to Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, facsimile number: (512) 463-3669. All Non-mandatory Letters of Intent, questions, and inquiries must be received in writing no later than 2:00 p.m. Central Zone Time (CZT) on Friday, August 8, 2008. Official responses to questions and inquiries received by the deadline will be posted electronically on or about Friday, August 15, 2008, or as soon thereafter as practicable, on the Electronic State Business Daily, located at the following URL: http://esbd.cpa.state.tx.us. Late Letters of Intent and Questions received after the deadline will not be considered. Respondents are solely responsible for verifying timely receipt of all letters and questions in the Issuing Office on or before the deadline; late letters of intent and questions may not be accepted.

Closing Date: To be considered, all proposals must be received at the foregoing address in the issuing office on or before 2:00 p.m. CZT on Friday, August 22, 2008. Proposals received after this time and date will not be considered. Respondents are solely responsible for verifying timely receipt of all proposals in the Issuing Office on or before the deadline; late proposals will not be accepted.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the Request for Proposals. The Comptroller will make the final decision. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice. The Comptroller shall pay for no costs incurred by any entity in responding to this RFP.

The anticipated schedule of events is as follows: Issuance of RFP - August 1, 2008, after 10:00 a.m. CZT; Deadline for Questions and Non-mandatory Letters of Intent - 2:00 p.m. CZT, August 8, 2008; Release of Official Responses to Questions - after 2:00 p.m. CZT, August 15, 2008, or as soon thereafter as practical; Deadline for Proposals - 2:00 p.m. CZT, August 22, 2008; Contract Execution - September 1, 2008, or as soon thereafter as practical; Commencement of Project Activities - September 1, 2008.

TRD-200803774

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: July 23, 2008

Texas Education Agency

Request for Applications Concerning Public Senior College/University Open-Enrollment Charter Guidelines and Application

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-119 from eligible entities to operate open-enrollment charter schools. Eligible entities are limited to Texas public senior colleges and universities.

Description. The purpose of an open-enrollment charter is to provide an alternative avenue for restructuring schools. An open-enrollment charter school offers flexibility and choice for educators, parents, and students. A public senior college or university open-enrollment charter school may operate on the campus of the public senior college or university or in the same county in which the campus of the public senior college or university is located.

An open-enrollment charter school will provide instruction to students at one or more elementary or secondary grade level(s) as provided by the charter. A charter school must be non-sectarian in its programs, admissions, policies, employment practices, and all other operations, and may not be affiliated with a sectarian school or religious institution. It is governed under the specifications of the charter and retains authority to operate for the term of the charter contingent on satisfactory student performance as defined by the state accountability system. An open-enrollment charter school does not have the authority to impose taxes.

An open-enrollment charter school is subject to federal laws and certain state laws governing public schools, including laws and rules relating to a criminal offense, requirements relating to the Public Education Information Management System, criminal history records, high school graduation, special education programs, bilingual education, prekindergarten programs, extracurricular activities, health and safety provisions, and public school accountability. As stated in the Texas Education Code (TEC), §12.156, in matters related to operation of an open-enrollment charter school, an open-enrollment charter school is immune from liability to the same extent as a school district, and its employees and volunteers are immune from liability to the same extent as school district employees and volunteers. A member of the governing body of an open-enrollment charter school or of a charter holder is immune from liability to the same extent as a school district trustee. An employee of an open-enrollment charter school who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system to the same extent a qualified employee of a school district is covered.

Dates of Project. Completed applications can be received by the TEA Document Control Center at 1701 North Congress Avenue, Austin, Texas, 78701-1494, Room 6-108, at any time.

Project Amount. TEC, §12.106(a), states that a charter holder is entitled to receive funding for the open-enrollment charter school under Chapter 42 as if the school were a school district without a tier one local share for purposes of §42.253 and without any local revenue for purposes of §42.302. In determining funding for an open-enrollment charter school, adjustments under §§42.102, 42.103, 42.104, and 42.105 and the district enrichment tax rate under §42.302 are based on the average adjustment and average district enrichment tax rate for the state. TEC, §12.106(b), states that an open-enrollment charter school is entitled to funds that are available to school districts from the agency or the commissioner in the form of grants or other discretionary funding unless the statute authorizing the funding explicitly provides that open-enrollment charter schools are not entitled to the funding. An open-enrollment charter school may not charge tuition and must admit students based on a lottery if more students apply for admission than can be accommodated. An open-enrollment charter school must prohibit discrimination in admission policy on the basis of sex; national origin; ethnicity; religion; disability; academic, artistic, or athletic ability; or the district the child would otherwise attend. However, a charter school that specializes in the performing arts may require a student to demonstrate artistic ability and may require an applicant to audition. The charter may provide for the exclusion of a student who has a documented history of a criminal offense, a juvenile court adjudication, or a discipline problem under TEC, Chapter 37, Subchapter A.

Selection Criteria. A complete description of selection criteria is included in the RFA.

The State Board of Education (SBOE) may approve open-enrollment charter schools as provided in TEC, §12.101 and §12.152. There is a cap of 215 charters approved under TEC, §12.101, and no cap on the number of charters approved under TEC, §12.152.

The SBOE will consider Statements of Impact from any school district whose enrollment is likely to be affected by the open-enrollment charter school.

Requesting the Application. An application must be submitted under SBOE guidelines to be considered. A complete copy of the publication Public Senior College/University Open-Enrollment Charter Guidelines and Application (RFA #701-08-119), which includes an application and procedures, may be obtained by writing the Division of Charter School Administration, Room 5-107, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701-1494; by calling (512) 463-9575; or at http://www.tea.state.tx.us/charter/rfas/rfascharter.htm.

Further Information. For clarifying information about the public senior college/university open-enrollment charter school application, contact Mary Perry, Division of Charter School Administration, Texas Education Agency, at (512) 463-9575 or mary.perry@tea.state.tx.us.

TRD-200803761

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: July 23, 2008

Texas Commission on Environmental Quality

Agreed Orders

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 September 2, 2008 . 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 September 2, 2008. 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: Aviation Technology, Inc.; DOCKET NUMBER: 2008-0561-MLM-E; IDENTIFIER: RN103961702; LOCATION: Junction, Kimble County; TYPE OF FACILITY: dry cleaning; RULE VIOLATED: 30 Texas Administrative Code (TAC) §337.20(e)(3)(A), by failing to install a dike or other secondary containment structure around each dry cleaning unit and around each storage area for dry cleaning solvents, dry cleaning waste, or dry cleaning wastewater; and 30 TAC §335.4(3), by failing to handle industrial waste in such a manner as to prevent the endangerment of public health and welfare; PENALTY: $4,750; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(2) COMPANY: BASF FINA Petrochemicals Limited Partnership; DOCKET NUMBER: 2008-0575-AIR-E; IDENTIFIER: RN100216977; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F), 116.115(c), and 122.143(4), New Source Review (NSR) Permit Numbers 36644, PSD-TX-903, and N-007, Special Condition (SC) Number 1, Federal Operating Permit (FOP) Number O-02551, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 12, and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the hourly maximum allowable emission rate (MAER) for carbon monoxide (CO); 30 TAC §§101.20(3), 116.115(b)(2)(F), 116.115(c), and 122.143(4), NSR Permit Numbers 36644, PSD-TX-903, and N-007, SC Number 1, FOP Number O-02551, GTC and STC Number 12, and THSC, §382.085(b), by failing to comply with the MAER for CO; 30 TAC §§101.20(3), 116.115(c), and 122.143(4), NSR Permit Numbers 36644, PSD-TX-903 and N-007, SC Number 21, FOP Number O-02551, GTC and STC Number 12, and THSC, §382.085(b), by failing to not exceed the maximum firing rate of 0.011 pounds per million British thermal units for CO; 30 TAC §§101.20(3), 116.115(b)(2)(F), 116.115(c), and 122.143(4), NSR Permit Numbers 36644, PSD-TX-903 and N-007, SC Number 1, FOP Number O-02551, GTC and STC Number 12, and THSC, §382.085(b), by failing to maintain the ground flare volatile organic compound emission rate below annual cap; 30 TAC §§101.20(1) and (3), 116.115(c), and 122.143(4), 40 Code of Federal Regulations (CFR) §60.662(a), NSR Permit Numbers 36644, PSD-TX-903, and N-007, SC Number 20, FOP Number O-02551, GTC, STC Numbers 1A and 12, and THSC, §382.085(b), by failing to send the spent caustic and the corrugated plate interceptor/induced gas flotation (CPI/IGF) streams to the carbon adsorption system during periods that the thermal oxidizer was not operating; 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), NSR Permit Numbers 36644, PSD-TX-903, and N-007, SC Number 1, FOP Number O-02551, GTC and STC Number 12, and THSC, §382.085(b), by failing to comply with the hourly MAER for sulfur dioxide (SO₂); 30 TAC §§101.20(2) and (3), 116.115(c), and 122.143(4), 40 CFR §61.355(a)(1)(i), (a)(4)(i), and (c)(1), NSR Permit Numbers 36644, PSD-TX-903, and N-007, SC Number 6, FOP Number O-02551, GTC, STC Numbers 1A and 12, and THSC, §382.085(b), by failing to determine the total annual benzene quantity for 18 separate waste streams; 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), NSR Permit Numbers 36644, PSD-TX-903, and N-007, SC Number 1, FOP Number O-02551, GTC and STC Number 12, and THSC, §382.085(b), by failing to comply with the CO MAER; and 30 TAC §§101.20(1) and (3), 116.115(c), and 122.143(4), 40 CFR §60.662(a), NSR Permit Numbers 36644, PSD-TX-903, and N-007, SC Number 20, FOP Number O-02551, GTC, STC Numbers 1A and 12, and THSC, §382.085(b), by failing to send the spent caustic and the CPI/IGF streams to the carbon adsorption system; PENALTY: $250,753; Supplemental Environmental Project (SEP) offset amount of $100,301 applied to South East Texas Regional Planning Commission - West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: Butler Water Supply Corporation; DOCKET NUMBER: 2008-0601-PWS-E; IDENTIFIER: RN101438893; LOCATION: Freestone County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i), TCEQ Agreed Order Docket Number 2004-0628-PWS-E, Ordering Provision Number 2.d., and THSC, §341.0315(c), by failing to provide two or more wells having a total capacity of 0.6 gallons per million (gpm) per connection; 30 TAC §290.46(m)(1)(A), by failing to inspect the system's ground and elevated storage tanks annually; 30 TAC §290.46(m)(1)(B), by failing to inspect the system's pressure tanks annually; 30 TAC §290.46(s)(1), by failing to calibrate well meters at least once every three years; 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to provide an intruder-resistant fence; 30 TAC §290.110(b)(4) and §290.46(d)(2)(B) and THSC, §341.0315(c), by failing to operate the disinfection equipment to maintain a minimum disinfectant residual of 0.2 milligrams per liter (mg/L) of free chlorine; 30 TAC §290.46(e)(4)(B) and THSC, §341.033(a), by failing to operate the system under the direct supervision of a water works operator who holds a Class "C" or higher license; 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide an elevated storage tank capacity of 100 gallons per connection; and 30 TAC §290.41(c)(3)(B), by failing to provide a well casing that extends a minimum of 18 inches above the natural ground surface; PENALTY: $5,163; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: E. I. du Pont de Nemours and Company; DOCKET NUMBER: 2008-0499-AIR-E; IDENTIFIER: RN100542711; LOCATION: Orange, Orange County; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), NSR Permit Number 9176, SC 1, and FOP O-02001, GTC and SC 8, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $13,350; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2008-0564-AIR-E; IDENTIFIER: RN100210574; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 4634B, SC Number 1, Standard Permit Registration Number 81006, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $7,375; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: City of Gordon; DOCKET NUMBER: 2008-0606-PWS-E; IDENTIFIER: RN101406957; LOCATION: Gordon, Palo Pinto County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes; and 30 TAC §290.113(f)(5) and THSC, §341.0315(c), by failing to comply with the MCL for haloacetic acids; PENALTY: $725; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Harris County Fresh Water Supply District 1A; DOCKET NUMBER: 2008-0502-WQ-E; IDENTIFIER: RN101515971; LOCATION: Baytown, Harris County; TYPE OF FACILITY: collection system; RULE VIOLATED: the Code, §26.121(a)(2), by failing to prevent the unauthorized discharge of wastewater; the Code, §26.039(b), by failing to submit noncompliance notification for the unauthorized discharge of wastewater; and 30 TAC §317.3(b)(1), by failing to properly operate and maintain the lift station pumps; PENALTY: $3,150; SEP offset amount of $2,520 applied to Armand Bayou Nature Center Coastal Tall Grass Management-Prescribed Burn Program and Prairie Restoration Project; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: J. Cleo Thompson Investment Management, LLC; DOCKET NUMBER: 2008-0420-AIR-E; IDENTIFIER: RN100224385; LOCATION: Ozona, Crockett County; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.146(1) and (2) and THSC, §382.085(b), by failing to certify compliance with General Operating Permit Number O-00371; PENALTY: $3,625; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(9) COMPANY: City of Kirvin; DOCKET NUMBER: 2008-0528-PWS-E; IDENTIFIER: RN101408953; LOCATION: Kirvin, Freestone County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i), TCEQ Agreed Order Docket Number 2004-1100-PWS-E, Ordering Provision 2.d., and THSC, §341.0315(c), by failing to provide a minimum capacity of 0.6 gpm per connection; 30 TAC §290.46(m)(4), by failing to maintain the service pump discharge line in a watertight condition; 30 TAC §290.46(f)(2) and (3)(E)(iv), by failing to maintain all customer service inspection certificates; 30 TAC §290.42(1), by failing to provide a thorough and up-to-date plant operations manual; 30 TAC §290.46(s)(1), by failing to calibrate the well meter; 30 TAC §290.41(c)(1)(F), by failing to have a sanitary control easement that covers the land within 150 feet of well; 30 TAC §290.46(m)(1)(B), by failing to inspect the interior of the facility's two pressure tanks; and 30 TAC §290.46(n)(3), by failing to maintain the well completion data; PENALTY: $3,114; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: City of La Feria; DOCKET NUMBER: 2008-0412-PWS-E; IDENTIFIER: RN101418325; LOCATION: La Feria, Cameron County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.42(m), by failing to ensure that each water treatment plant and all appurtenances are enclosed by an intruder-resistant fence; 30 TAC §290.46(s)(1), by failing to calibrate flow measuring devices and rate-of-flow controllers; 30 TAC §290.42(d)(5), by failing to provide additional metering devices to monitor the flow rate through specific treatment processes; 30 TAC §290.42(f)(1)(E)(ii)(IV), by failing ensure incompatible chemicals are not stored within the same containment structure; 30 TAC §290.43(c), by failing to ensure that all facilities for potable water storage are covered, designed, fabricated, erected, tested, and disinfected in strict accordance with current American Water Works Association standards; and 30 TAC §290.46(d) and §290.110(b)(4), by failing to maintain a minimum disinfectant residual of at least 0.5 mg/L total chlorine; PENALTY: $1,782; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(11) COMPANY: Lake Whitney Resorts, LLC and Paul S. Bissing; DOCKET NUMBER: 2008-0440-MLM-E; IDENTIFIER: RN102131034; LOCATION: Hill County; TYPE OF FACILITY: on-site sewage facility at a recreational vehicle park; RULE VIOLATED: 30 TAC §305.42(a) and the Code, §26.121(a), by failing to obtain proper authorization for the treatment and disposal of domestic wastewater; the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; and 30 TAC §330.15(a), by failing to properly dispose of municipal solid waste; PENALTY: $14,375; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: LoneStar Fiberglass Pools, LLC; DOCKET NUMBER: 2008-0859-AIR-E; IDENTIFIER: RN104314273; LOCATION: Kingsbury, Guadalupe County; TYPE OF FACILITY: fiberglass swimming pool manufacturing plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number O-02808, GTC, and THSC, §382.085(b), by failing to submit an annual compliance certification; PENALTY: $2,575; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 77703-1892, (210) 490-3096.

(13) COMPANY: McGuffy Group, Inc.; DOCKET NUMBER: 2008-0552-AIR-E; IDENTIFIER: RN103111571; LOCATION: Cypress, Harris County; TYPE OF FACILITY: small steel parts manufacturing plant; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b), by failing to obtain proper authorization prior to conducting outdoor dry abrasive blasting activities; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Monarch Utilities I L.P.; DOCKET NUMBER: 2007-0047-PWS-E; IDENTIFIER: RN101376986; LOCATION: Grayson County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i) and THSC, §341.0315(c), by failing to meet the minimum well capacity of 0.6 gpm per connection; 30 TAC §290.46(u), by failing to plug and seal abandoned well; and 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; PENALTY: $1,854; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Montgomery County Municipal Utility District Number 83; DOCKET NUMBER: 2008-0750-MWD-E; IDENTIFIER: RN103993531; LOCATION: Montgomery County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System Permit Number WQ0014482001, Interim I Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with permit effluent limits for total suspended solids and ammonia nitrogen; PENALTY: $2,300; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Owens Corning Roofing and Asphalt, LLC; DOCKET NUMBER: 2008-0455-AIR-E; IDENTIFIER: RN100225291 and RN100225036; LOCATION: Irving and Houston; Dallas and Harris Counties; TYPE OF FACILITY: roofing and asphalt manufacturing plants; RULE VIOLATED: 30 TAC §122.217(a)(2) and THSC, §382.085(b), by failing to submit a permit revision to FOP Number O-1545; 30 TAC §122.143(4), FOP Number O-1545, SCs 3 and 7, and THSC, §382.085(b), by failing to maintain record of weekly and quarterly visible emissions observations; 30 TAC §101.221(a), Air Permit Number 81011, SC Number 14, and THSC, §382.085(b), by failing to properly maintain and operate capture and control devices at plant one; 30 TAC §101.201(b) and THSC, §382.085(b), by failing to maintain records of the types and quantities of unauthorized emissions; 30 TAC §122.145(2)(B) and (C) and §122.146(5)(C) and THSC, §382.085(b), by failing to report all instances of deviation; and 30 TAC §122.143(4) and §122.146(2), FOP Number O-1543, GTC, and THSC, §382.085(b), by failing to submit an annual permit compliance certification; PENALTY: $28,055; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800; 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Permian Tank & Manufacturing, Inc.; DOCKET NUMBER: 2008-0433-AIR-E; IDENTIFIER: RN102337730; LOCATION: Odessa, Ector County; TYPE OF FACILITY: storage tank manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number 76038, SC 2, and THSC, §382.085(b), by failing to maintain stack observation records; 30 TAC §106.452(2)(A) and §116.115(c) and THSC, §382.085(b), by failing to prevent exceedances of maximum allowed usage rates of 150 tons per year, 15 tons per month, and one ton per day for abrasive blast cleaning operations; 30 TAC §116.115(b)(1), Permit By Rule Number X-16285, and THSC, §382.085(b), by failing to prevent exceedances of the permit limit; and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit deviation reports; PENALTY: $42,500; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(18) COMPANY: Rohm and Haas Texas Incorporated; DOCKET NUMBER: 2008-0156-AIR-E; IDENTIFIER: RN100223205; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number 8838, SC 1, and THSC, §382.085(b), by failing to comply with CO limits; 30 TAC §116.115(c), NSR Permit Number 751, SC 1, and THSC, §382.085(b), by failing to comply with nitrogen oxide hourly maximum limits; 30 TAC §116.115(c), NSR Permit Number 751, SC 6, 40 CFR §60.82(a), and THSC, §382.085(b); by failing to comply with SO₂ production limit; and 30 TAC §116.115(c), NSR Permit Number 751, SC 1, and THSC, §382.085(b), by failing to comply with the SO₂ hourly emissions limit; PENALTY: $81,000; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: The Golf Club at Circle C, LP; DOCKET NUMBER: 2008-0290-WR-E; IDENTIFIER: RN104337746; LOCATION: Austin, Travis County; TYPE OF FACILITY: golf club; RULE VIOLATED: 30 TAC §297.11 and the Code, §11.121, by failing to obtain a permit to appropriate state water; and the Code, §11.143, by failing to obtain a permit to appropriate state water from an exempt dam or reservoir for nonexempt purposes; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(20) COMPANY: Rodney W. Watkins; DOCKET NUMBER: 2008-0711-WOC-E; IDENTIFIER: RN103595708; LOCATION: Oakwood, Freestone County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a) and §30.381(b), the Code, §37.003, and THSC, §341.034(b), by failing to maintain a valid, effective public water system operator license; PENALTY: $500; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200803739

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 22, 2008

Enforcement Orders

An agreed order was entered regarding Good Brothers, Inc. dba Zoom In 5, Docket No. 2005-0570-PST-E on July 14, 2008 assessing $4,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mohinder Mashiana aka Mohinder Singh dba Lovely Food Mart, Docket No. 2005-1478-PST-E on July 14, 2008 assessing $8,320 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Coleman, Staff Attorney at (817) 588-5917, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Anusha, Inc. dba Citco Food Store, Docket No. 2005-1479-PST-E on July 14, 2008 assessing $2,140 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robert Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City Concrete, Inc., Docket No. 2005-1580-AIR-E on July 14, 2008 assessing $27,940 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Morgan Michael and Deven Michael dba M & M Tire, Docket No. 2005-1752-MSW-E on July 14, 2008 assessing $7,875 in administrative penalties with $4,275 deferred.

An agreed order was entered regarding Tempe Water Supply Company, Docket No. 2005-1965-PWS-E on July 14, 2008 assessing $650 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney at (512) 239-0617, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Centurion Pipeline L.P., Docket No. 2006-0984-AIR-E on July 14, 2008 assessing $7,650 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Justin Lannen, Staff Attorney at (817) 588-5927, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Circle K Stores, Inc., Docket No. 2006-1312-AIR-E on July 14, 2008 assessing $1,000 in administrative penalties.

A default order was entered regarding Mohammad Sadiq Ali dba Dry Cleaning Super Station, Docket No. 2006-1333-DCL-E on July 14, 2008 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 HAB, Inc. dba New Village Cleaners aka Village Cleaner aka Village Cleaners, Docket No. 2006-1380-DCL-E on July 14, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-0629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Elite Drycleaners, Inc. dba Liberty Cleaners, Docket No. 2006-1450-DCL-E on July 14, 2008 assessing $1,066 in administrative penalties with $213 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.

A default order was entered regarding Dennis Sparks, Docket No. 2006-2066-PST-E on July 14, 2008 assessing $7,875 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.

A default order was entered regarding Corby Hicks, Docket No. 2007-0518-LII-E on July 14, 2008 assessing $2,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney at (512) 239-0974, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Richard K. Song dba KS Cleaners, Docket No. 2007-0756-MLM-E on July 14, 2008 assessing $7,650 in administrative penalties.

A default order was entered regarding George Williams, Docket No. 2007-0840-MLM-E on July 14, 2008 assessing $2,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin Thompson, Staff Attorney at (512) 239-1297, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Plano, Docket No. 2007-0889-WQ-E on July 14, 2008 assessing $27,000 in administrative penalties.

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 City of Seminole, Docket No. 2007-1059-MWD-E on July 14, 2008 assessing $4,560 in administrative penalties with $912 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 New Home, Docket No. 2007-1263-PWS-E on July 14, 2008 assessing $531 in administrative penalties with $106 deferred.

Information concerning any aspect of this order may be obtained by contacting Richard Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Alexander Moulding Mill Company, Docket No. 2007-1381-PWS-E on July 14, 2008 assessing $1,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ben Kahlig, Docket No. 2007-1412-PST-E on July 14, 2008 assessing $4,750 in administrative penalties with $950 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 City of Buckholts, Docket No. 2007-1569-PWS-E on July 14, 2008 assessing $1,114 in administrative penalties with $222 deferred.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2558, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Pottsboro, Docket No. 2007-1594-MWD-E on July 14, 2008 assessing $194,725 in administrative penalties with $73,828 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 City of Point, Docket No. 2007-1595-PWS-E on July 14, 2008 assessing $6,608 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, 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 Victor Ballas, Docket No. 2007-1742-PST-E on July 14, 2008 assessing $8,925 in administrative penalties with $1,785 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 City of Wichita Falls, Docket No. 2007-1752-MSW-E on July 14, 2008 assessing $15,100 in administrative penalties with $3,020 deferred.

Information concerning any aspect of this order may be obtained by contacting Cynthia McKaughan, Enforcement Coordinator at (512) 239-0735, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Santiago Guzman, Jr. and Josephine Guzman dba Guzman Quality Cleaners, Docket No. 2007-1764-DCL-E on July 14, 2008 assessing $1,152 in administrative penalties with $230 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator at (512) 239-2563, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cross Country Water Supply Corporation, Docket No. 2007-1850-PWS-E on July 14, 2008 assessing $378 in administrative penalties with $75 deferred.

An agreed order was entered regarding Post Oak Special Utility District, Docket No. 2007-1851-PWS-E on July 14, 2008 assessing $668 in administrative penalties with $134 deferred.

An agreed order was entered regarding Town of Windom, Docket No. 2007-1855-MWD-E on July 14, 2008 assessing $9,960 in administrative penalties with $1,992 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Peachleaf Associates Venture #1, L.P., Docket No. 2007-1863-PWS-E on July 14, 2008 assessing $2,250 in administrative penalties.

An agreed order was entered regarding Eastex Lumber & Supply, LLC, Docket No. 2007-1877-PWS-E on July 14, 2008 assessing $1,250 in administrative penalties with $250 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Monarch Utilities I L.P., Docket No. 2007-1897-MWD-E on July 14, 2008 assessing $35,150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3048, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DuPont Performance Elastomers L.L.C., Docket No. 2007-1901-AIR-E on July 14, 2008 assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Aaron Houston, Enforcement Coordinator at (409) 899-8784, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Houston Refining LP, Docket No. 2007-1954-AIR-E on July 14, 2008 assessing $20,000 in administrative penalties.

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 Swati Holding, Company dba Ellinger Shell, Docket No. 2007-1965-PST-E on July 14, 2008 assessing $7,850 in administrative penalties with $1,570 deferred.

Information concerning any aspect of this order may be obtained by contacting Wallace Myers, Enforcement Coordinator at (512) 239-6580, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding El Paso Independent School District, Docket No. 2007-1982-AIR-E on July 14, 2008 assessing $750 in administrative penalties with $150 deferred.

An agreed order was entered regarding Daniel R. Harris and D. Patricia Harris dba Desert Hills Car Wash & Convenience Store, Docket No. 2007-1991-AIR-E on July 14, 2008 assessing $2,400 in administrative penalties with $480 deferred.

Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator at (512) 239-4078, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Archer City, Docket No. 2007-1999-MWD-E on July 14, 2008 assessing $16,575 in administrative penalties with $3,315 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 HICKS OIL & BUTANE CO., Docket No. 2007-2012-PST-E on July 14, 2008 assessing $5,500 in administrative penalties with $1,100 deferred.

An agreed order was entered regarding Rincon Water Supply Corporation, Docket No. 2007-2014-PWS-E on July 14, 2008 assessing $3,071 in administrative penalties with $614 deferred.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding National Oilwell Varco, LP, Docket No. 2007-2023-AIR-E on July 14, 2008 assessing $12,445 in administrative penalties with $2,489 deferred.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825 3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2007-2025-AIR-E on July 14, 2008 assessing $4,300 in administrative penalties with $860 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 Farmersville Texaco, Inc. dba Famersville Shell, Docket No. 2007-2038-PST-E on July 14, 2008 assessing $3,200 in administrative penalties with $640 deferred.

Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Eastman Chemical Company, Docket No. 2007-2040-AIR-E on July 14, 2008 assessing $13,050 in administrative penalties with $2,610 deferred.

Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 676-3500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Zee Smoke Inc Lucky Stop, Docket No. 2008-0006-PST-E on July 14, 2008 assessing $13,770 in administrative penalties with $2,754 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 Lattimore Materials Company, L.P., Docket No. 2008-0021-IWD-E on July 14, 2008 assessing $4,350 in administrative penalties with $870 deferred.

Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Rockdale, Docket No. 2008-0023-MLM-E on July 14, 2008 assessing $7,022 in administrative penalties with $1,404 deferred.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (210) 490-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Trunkline Gas Company, LLC, Docket No. 2008-0033-AIR-E on July 14, 2008 assessing $13,800 in administrative penalties with $2,760 deferred.

An agreed order was entered regarding Tapia Brothers, Inc. dba Tapia Dairy #2, Docket No. 2008-0035-AGR-E on July 14, 2008 assessing $3,689 in administrative penalties.

An agreed order was entered regarding E. I. du Pont de Nemours and Company, Docket No. 2008-0037-AIR-E on July 14, 2008 assessing $3,675 in administrative penalties with $735 deferred.

An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2008-0043-AIR-E on July 14, 2008 assessing $3,600 in administrative penalties with $720 deferred.

An agreed order was entered regarding City of Bynum, Docket No. 2008-0045-MWD-E on July 14, 2008 assessing $1,070 in administrative penalties with $214 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrew Hunt, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding The Goodyear Tire & Rubber Company, Docket No. 2008-0053-IWD-E on July 14, 2008 assessing $2,140 in administrative penalties with $428 deferred.

An agreed order was entered regarding Prism Gas Systems I, L.P., Docket No. 2008-0058-AIR-E on July 14, 2008 assessing $10,320 in administrative penalties with $2,064 deferred.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Randal Paul Manus, Docket No. 2008-0073-WOC-E on July 14, 2008 assessing $570 in administrative penalties with $114 deferred.

An agreed order was entered regarding City of Gainesville, Docket No. 2008-0089-WQ-E on July 14, 2008 assessing $6,050 in administrative penalties.

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 DCP Midstream, LP, Docket No. 2008-0096-AIR-E on July 14, 2008 assessing $120,400 in administrative penalties with $24,080 deferred.

Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Austin, Docket No. 2008-0121-WQ-E on July 14, 2008 assessing $16,250 in administrative penalties.

An agreed order was entered regarding City of Fort Worth, Docket No. 2008-0149-MWD-E on July 14, 2008 assessing $22,200 in administrative penalties.

An agreed order was entered regarding JRS Mart, Inc. dba J C Korner, Docket No. 2008-0159-PWS-E on July 14, 2008 assessing $784 in administrative penalties with $156 deferred.

An agreed order was entered regarding TOTAL PETROCHEMICALS USA, INC., Docket No. 2008-0162-AIR-E on July 14, 2008 assessing $25,764 in administrative penalties with $5,152 deferred.

An agreed order was entered regarding Allco, Inc., Docket No. 2008-0226-WQ-E on July 14, 2008 assessing $2,700 in administrative penalties with $540 deferred.

An agreed order was entered regarding PYCO Industries, Inc., Docket No. 2008-0240-AIR-E on July 14, 2008 assessing $5,775 in administrative penalties with $1,155 deferred.

An agreed order was entered regarding Ivans Pumping Service, Inc., Docket No. 2008-0244-MLM-E on July 14, 2008 assessing $950 in administrative penalties with $190 deferred.

An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2008-0260-AIR-E on July 14, 2008 assessing $7,075 in administrative penalties with $1,415 deferred.

Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding INEOS USA LLC, Docket No. 2008-0266-AIR-E on July 14, 2008 assessing $10,000 in administrative penalties with $2,000 deferred.

An agreed order was entered regarding City of Denton, Docket No. 2008-0284-AIR-E on July 14, 2008 assessing $2,500 in administrative penalties with $500 deferred.

An agreed order was entered regarding AMC Facilities, LP, Docket No. 2008-0309-MWD-E on July 14, 2008 assessing $4,770 in administrative penalties with $954 deferred.

A field citation was entered regarding Gutierrez Oil Company dba La Bodega 1, Docket No. 2008-0536-PST-E on July 14, 2008 assessing $5,250 in administrative penalties.

Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding First Texas Homes, Inc., Docket No. 2008-0471-WQ-E on July 14, 2008 assessing $700 in administrative penalties.

A field citation was entered regarding First Texas Homes, Inc., Docket No. 2008-0459-WQ-E on July 14, 2008 assessing $700 in administrative penalties.

An agreed order was entered regarding Alegre Energy, Inc., Docket No. 2007-1943-AIR-E on July 2, 2008 assessing $2,000 in administrative penalties with $400 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 order was entered regarding C. B. Express, Inc., dba Discount Beer & Cigarettes, Docket No. 2006-1661-PST-E on July 14, 2008 assessing $2,695 in administrative penalties.

TRD-200803772

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 23, 2008

Notice - Extension of Comment Period on the Proposed Amendments to 30 TAC Chapter 330

In the June 20, 2008, issue of the Texas Register (33 TexReg 4815), the Texas Commission on Environmental Quality (commission) published a notice of proposed amendments to Chapter 330, Municipal Solid Waste. The deadline date for written comments was published as July 21, 2008 in the June 20, 2008, issue of the Texas Register (33 TexReg 4924).

The commission has extended the deadline for receipt of written comments to August 8, 2008, for the proposed amendments to Chapter 330.

Comments may be submitted to Michael Parrish, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2008-013-330-PR. To view rules, please visit http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information or questions concerning this proposal, please contact Wayne Harry, Municipal Solid Waste Permits Section, at (512) 239-6619.

TRD-200803657

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 17, 2008

Notice of District Petition

Notices issued July 15, 2008.

TCEQ Internal Control No. 06202008-D02; Northwest Katy Land Holdings I, LTD and Northwest Katy Land Holdings II, LTD (collectively, the "Petitioner") filed a petition for creation of Harris County Municipal Utility District No. 520 (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition was filed with the county clerk in Harris County, pursuant to 30 TAC §293.11(d). 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 lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 505.509 acres located in Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2008-198, effective March 18, 2008, the City of Houston, Texas, gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. 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 $64,240,000.

TCEQ Internal Control No. 05092008-D03; Northwest Katy Land Holdings I, LTD and Northwest Katy Land Holdings II, LTD (collectively, the "Petitioner") filed a petition for creation of Harris County Municipal Utility District No. 519 (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition was filed with the county clerk in Harris County, pursuant to 30 TAC §293.11(d). 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 lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 466.693 acres located in Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2008-197, effective March 18, 2008, the City of Houston, Texas, gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. 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 $54,280,000.

INFORMATION SECTION

To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing;" (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200803771

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 23, 2008

Notice of Water Rights Application

Notice issued July 18, 2008.

APPLICATION NO. 12256; WB Land Company Ltd., Applicant, 139 Private Road 214, Whitney, TX 76692, has applied for a Water Use Permit to divert and use not to exceed 840 acre-feet of water per year from the Brazos River, Brazos River Basin for industrial (dust suppression) purposes and to store in and subsequently divert that water from four off-channel reservoirs for agricultural (irrigation) purposes in Hill County. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on September 14, 2007. Additional information and fees were received on December 12, 2007 and March 26, 2008. The application was declared administratively complete and filed with the Office of the Chief Clerk on April 3, 2008. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200803770

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 23, 2008

Notice of Water Quality Applications

The following notices were issued during the period of July 10, 2008 through July 21, 2008.

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.

INFORMATION SECTION

AMC FACILITIES, LP has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014882001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0012238001, which expired December 01, 2007. The facility is located adjacent to and on the east side of Hardy Road, approximately 1000 feet south of the intersection of Hardy Road and Richey Road in Harris County, Texas.

AUC GROUP, L.P. has applied for a renewal of TPDES Permit No. WQ0014551001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located approximately 10,200 feet west south-west of the intersection of Farm-to-Market Road 149 and Farm-to-Market Road 1488 in Montgomery County, Texas.

CITY PUBLIC SERVICE OF SAN ANTONIO which operates the V.H. Braunig Steam Electric Station, has applied for a major amendment to TPDES Permit No. WQ0001515000 to authorize an increase in the discharge of once-through cooling water, previously monitored effluents (PME), and storm water runoff from a daily average flow not to exceed 1,220,000,000 gallons per day to a daily average flow not to exceed 1,320,000,000 gallons per day via Outfall 001; discharge of low volume waste and storm water runoff on an intermittent and flow variable basis via Outfall 007, and the increase in the upper pH limits from 9.0 to 10.0 standard units at Outfall 007. The current permit authorizes the discharge of once-through cooling water, previously monitored effluents (PME) (low volume waste, metal cleaning waste, treated domestic wastewater, and storm water runoff at a daily average flow not to exceed 1,220,000,000 gallons per day via Outfall 001; storm water runoff on intermittent and flow variable basis via Outfalls 003, 006, 007, 008, 011, 013, and 015; and storm water runoff and car wash water on an intermittent and flow variable basis via Outfall 012. The facility is located at 15290 Streich Road, approximately two miles east of Interstate Highway 37 South, adjacent to Braunig Lake, approximately 2.75 miles northwest of the City of Elmendorf and 17 miles southeast of the City of San Antonio, Bexar County, Texas.

COUNTRY TERRACE WATER COMPANY, INC. has applied for a renewal of TPDES Permit No. WQ0011955001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 490,000 gallons per day. The facility is located approximately 600 feet south of Highlands Reservoir, approximately 0.75 mile northwest of the intersection of Wallisville and Wade Roads in Harris County, Texas.

EXXONMOBIL OIL CORPORATION which operates the Beaumont Polyethylene Plant which manufactures low density and high density polyethylene (LDPE and HDPE) pellets and resins shipped via railroad hopper cars, has applied for a major amendment to TPDES Permit No. WQ0002029000 to increase the daily average flow from a volume not to exceed 600,000 gallons per day to a volume not to exceed 1,000,000 gallons per day via internal Outfall 101 and apply recalculated single grab concentration values at internal Outfall 101. The current permit authorizes the discharge of storm water and previously monitored effluent (from internal Outfall 101) on a flow variable basis via Outfall 001; and treated process, utility (includes but is not limited to steam condensate, cooling tower blowdown, and demineralization water), and domestic wastewaters at a daily average flow not to exceed 600,000 gallons per day via internal Outfall 101. The facility is located at 11,440 U.S. Highway 90, on the north side of U.S. Highway 90, and approximately 2.5 miles west of the intersection of U.S. Highway 90 and Major Drive, west of the City of Beaumont, Jefferson County, Texas.

GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 12 has applied for a renewal of TPDES Permit No. WQ0010435002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located at Pompano Road and Neptune Road within the Bayou Vista Subdivision, 0.3 mile south and 1.0 mile west of the intersection of Interstate Highway 45 and State Highway 6 in Galveston County, Texas.

GALVESTON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 8 has applied for a renewal of TPDES Permit No. WQ0010174001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located on the north side of 11th Street, approximately 0.75 miles east of the intersection of 11th Street and Farm-to-Market Road 646 in the City of Santa Fe in Galveston County, Texas.

CITY OF GARLAND has applied for a renewal of TPDES Permit No. WQ0010090001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 40,000,000 gallons per day. The facility is located at 750 Duck Creek Way, south of Lake Ray Hubbard Dam and north of Interstate Highway 20 near the Town of Sunnyvale in Kaufman County, Texas.

THE CITY OF GONZALES has applied for renewal of Permit No. WQ0004467000 to authorize the land application of wastewater treatment plant sewage sludge for beneficial use on 45.4 acres. The land application site is located on the north side of County Road 488, approximately 0.2 mile north of the intersection of County Road 488 and Farm-to-Market Road 532, approximately 2.5 miles northeast of the City of Gonzales in Gonzales County, Texas.

The City of League City has applied for a renewal of TPDES Permit No. WQ0010568003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 660,000 gallons per day. The facility is located on the western bank of Magnolia Creek; approximately 1,200 feet south of Clear Creek, approximately 2,200 feet north of Farm-to-Market Road 518 and approximately 3 miles west of Interstate Highway 45 in Galveston County, Texas.

MANVEL UTILITIES LIMITED PARTNERSHIP has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0014188001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The facility is located at 5825 Croix Road, approximately 0.75 mile northwest of the intersection of Del Bello Road and County Road 90 in Manvel, Brazoria County, Texas.

MASON WESTGREEN LP has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014896001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility will be located approximately 1.2 miles south of the intersection of Highway 290 and Mason Road in Harris County, Texas.

NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a renewal of TPDES Permit No. WQ0010384001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located at 806 Alanis Drive, approximately 0.4 mile southeast of State Highway 78, approximately 0.57 mile south of the crossing of Muddy Creek by State Highway 78, and 1.25 miles southwest of the City of Wylie central business district in Collin County, Texas.

ORBIT SYSTEMS, INC. has applied for a renewal of TPDES Permit No. WQ0012672001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 70,000 gallons per day. The facility is located approximately 0.50 mile south of Farm-to-Market Road 1462 and 1.5 miles west of State Highway 288 in Brazoria County, Texas.

CITY OF PEARLAND has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0010134002 to authorize the modification of the peaking factor between the annual average flow and the two-hour peak flow, thus changing the two-hour peak flow from 6,431 gallons per minute to 8,681 gallons per minute in the interim phase and from 9,375 gallons per minute to 12,500 gallons per minute in the final phase. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,500,000 gallons per day. The facility is located at 1902 1/2 Barry Rose Street, immediately west of Clear Creek and approximately 7,000 feet north of Farm-to-Market Road 518 in Brazoria County, Texas.

CITY OF POINT COMFORT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010599001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located at 800 Pease Street, at the intersection of Murrah Street and Pease Street, approximately 2,900 feet northwest of the intersection of Farm-to-Market Road 1593 and State Highway 35 in Calhoun County, Texas.

CITY OF RIESEL has applied for a renewal of Permit No. WQ0011015001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day via surface irrigation of 45 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 0.5 mile west of State Highway 6 on West Charles Street and on the east bank of West Sandy Creek in the City of Riesel in McLennan County, Texas.

CITY OF SKELLYTOWN has applied for a renewal of TPDES Permit No. WQ0010283001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The facility is located approximately 0.25 mile west of State Highway 152 at a point approximately 1.0 mile northwest of the intersection of Farm-to-Market Road 294 and State Highway 152 in Carson County, Texas.

TERRA RENEWAL SERVICES, INC. has applied for a major amendment with renewal to Permit No. WQ0004513000 to authorize water treatment plant sludge as an additional waste to be land applied and to increase the application area acreage from 80 acres to 185.8 acres. The land application site is located adjacent to the east side of Farm-to-Market Road 2087, approximately 1.6 miles south of the intersection of Farm-to-Market Road 1845 and Farm-to-Market Road 2087 in Gregg County, Texas.

TOSCANA INVESTMENTS, LLLP has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014881001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility will be located in the northeast portion of the Aperion development tract, just south of South Hayes Creek, and approximately two miles east of the intersection of State Highway 288 and County Road 60 in Brazoria County, Texas.

U.S. ARMY CORPS OF ENGINEERS has applied for a renewal of TPDES Permit No. WQ0012059001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility is located in Mallard Park on the east side of Lavon Lake northwest of the intersection of State Highway 78 and Farm-to-Market Road 6 in Collin County, Texas.

WOODCREEK MUNICIPAL UTILITY DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0011933001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 600,000 gallons per day to a daily average flow not to exceed 950,000 gallons per day. The facility is located approximately 3,400 feet southeast of the intersection of Aldine-Westfield Road and Farm-to-Market Road 1960, on the south side of Turkey Creek in Harris County, Texas.

Concentrated Animal Feeding Operation

The following require the applicants to publish notice in a newspaper. Written comments and requests for a public meeting may be submitted to the Office of the Chief Clerk, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.

Consideration of the application by COTTONWOOD AUCTION BARN, L.L.C. for renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ00004136000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing auction barn facility at a maximum capacity of 1,800 head. The facility is located on the south side of State Highway 6 approximately four and two tenths (4.2) miles east of the intersection of Farm-to-Market Road 219 and State Highway 6 in Dublin, Erath County, Texas.

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-200803769

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 23, 2008

Texas Health and Human Services Commission

Correction of Error

There is a typographical error in the Public Notice regarding the Texas Health and Human Services Commission's intent to submit an amendment to the Texas State Plan for Medical Assistance. The Amendment and Transmittal numbers in the public notice, which was originally published in the March 7, 2008, issue of the Texas Register (33 TexReg 2068), should have been Amendment 809 and Transmittal Number TX 08-005.

To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Jim Hollinger, Rate Analyst, Rate Analysis Department, by mail at the Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1175; by facsimile at (512) 491-1998; or by e-mail at james.hollinger@hhsc.state.tx.us.

TRD-200803725

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 21, 2008

Notice of Intent to Renew Consultant Contract

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) furnish this notice of intent to renew a consultant contract.

HHSC issued the Request for Proposals (RFP) from qualified consultants to procure technical expertise to assist in the strategic development, implementation, and evaluation of a Texas healthy marriage initiative pursuant to this RFP. The original notice of request for proposals (RFP #529-05-0115A) was posted on HHSC's Business Opportunities Page under HHSC Contracting Opportunities link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html. HHSC also posted notice of the procurement on the Texas Marketplace on June 22, 2005.

The contract was awarded to Public Strategies, Inc., 301 Northwest 63rd Street, Suite 600, Oklahoma City, Oklahoma 73116. Notice of the award of the original contract was posted on HHSC's Business Opportunities Page under HHSC Contracting Opportunities link on August 15, 2005. The original contract included options to extend the contract as necessary and HHSC intends to exercise this option.

HHSC intends to extend the contract through August 31, 2009, and to increase the amount by $1,350,000 for a Total Amount of $3,650,000.00 unless they receive a better offer for the desired services. Any consultant submitting an offer in response to this Invitation must provide the following:

1. Consultant's legal name, including type of entity (individual, partnership, corporation, etc.), and address;

2. Background information regarding the consultant, including the number of years in business and the number of employees;

3. Information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services;

4. The hourly rate to be charged for each team member providing services;

5. The earliest date by which the consultant could begin providing the services;

6. A list of five client references for which consultant has provided consulting services;

7. A statement of consultant's approach to the project (i.e., the services described in this notice), any unique benefits consultant offers HHSC, and any other information consultant desires HHSC to consider in connection with consultant's offer;

8. Information to assist HHSC in assessing consultant's demonstrated competence and experience providing consulting services similar to the services requested in this notice;

9. Information to assist HHSC in assessing the consultant's knowledge of and experience with research related to marriage across a wide array of audiences, and have demonstrated expertise in promoting and/or implementing public marriage policy for state government(s). http://www.hhsc.state.tx.us/about_hhsc/Contracting/rfp_attch/attach.html:

a. Child Support Certification;

b. Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts;

c. Federal Lobbying Certification;

d. Nondisclosure Statement;

e. Proposer Information; and

f. HUB Subcontracting Plan Forms (Pre-Award). To search for potential HUB vendors who may perform subcontracting opportunities, respondents may refer to the Texas Building and Procurement Commission's Centralized Master Bidders List HUB Directory, which is found at http://www2.cpa.state.tx.us/cmbl/cmblhub.html. Class and item codes for potential subcontracting opportunities under this notice, include, but are not limited to: Class 918 -- "Consulting Services;" Item 58 -- "Governmental Consulting".

Failure to submit the required forms will result in HHSC's disqualification of the offer.

10. Information to assist HHSC in assessing whether the consultant will have any conflicts of interest in performing the requested services.

Competing offers must be sent to Connie Williams, Health and Human Services Commission, 909 West 45th St., Bldg. 5, Austin, Texas 78751. To be considered, all competing offers must be received at the foregoing address on or before 4:00 p.m. Central Time on August 15, 2008. Offers received after this time and date will not be considered. Any offers received will be evaluated on the basis of demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services. Exercise of this option to extend is contingent upon receipt of a finding of fact from the Governor's Office of Budget and Planning that the requested consulting services are necessary. All questions regarding this notice must be sent in writing to Ms. Williams at the address stated above, or by email to connie.williams@hhsc.state.tx.us by 4:00 p.m. Central Time on August 15, 2008.

TRD-200803755

David Brown

Assistant General Counsel

Texas Health and Human Services Commission

Filed: July 23, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 18, 2008, at 1:30 p.m. to receive public comment on the proposed increase in Medicaid payment rates for 2 surgery medical service procedure codes (42700 and 69461) related to surgery medical services. HHSC is proposing these rate changes following a scheduled rate review.

The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1438, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The payment rates to be discussed are proposed to be effective September 1, 2008.

Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners, including surgery and assistant surgery services. 1 TAC §355.8085 requires HHSC to review the fees for individual services at least every two years.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after August 4, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1438; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200803744

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 22, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 18, 2008, at 1:30 p.m., to receive public comment on a proposed increase in the Medicaid payment rate for medical services procedure code 59514, related to cesarean delivery services. The proposed rate increase was directed by the Office of the Medical Director to correct a coding error.

Proposal. The rates to be discussed are proposed to be effective September 1, 2008.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after August 1, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1438; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

TRD-200803745

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 22, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 18, 2008, at 1:30 p.m., to receive public comment on a proposed Medicaid payment rate increase for the cochlear implant device, which is an item of durable medical equipment (DME). The rate change is associated with a fee review directed by the Office of the Medical Director.

Proposal. The rate for the Cochlear Implant Device procedure code will have a proposed effective date of September 1, 2008.

Methodology and Justification. The proposed payment rate was calculated in accordance with 1 TAC §355.8021, which addresses the Reimbursement Rates for Home Health Services; and 1 TAC §355.8441(3), relating to the Reimbursement Methodology for Durable Medical Equipment under the Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Program (known in Texas as THSteps).

Briefing Package. A briefing package describing the proposed payment rate will be available on or after August 4, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1438; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rate may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1438 at least 72 hours in advance, so appropriate arrangements can be made.

TRD-200803746

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 22, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on August 18, 2008, at 1:30 p.m., to receive public comment on the proposed increase in the Medicaid payment rates for Breast Brachytherapy. The changes are associated with a fee review for these Medicaid medical services.

The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The rates for Breast Brachytherapy are proposed to be effective September 1, 2008.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Irene Cantu, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1438; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200803747

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 22, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on August 18, 2008, at 1:30 p.m., to receive public comment on the proposed Medicaid payment rates for five new THSteps Therapeutic Dental Services procedure codes. The proposed Medicaid fees for the five dental procedure codes were determined in accordance with the reimbursement methodology outlined in 1 Texas Administrative Code (TAC) §355.8441(11), which addresses the reimbursement methodology for dental services under the Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Program, known in Texas as THSteps.

The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 TAC §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1438, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The rates for the THSteps Therapeutic Dental Services are proposed to be effective September 1, 2008.

Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners and 1 TAC §355.8441(11), relating to the reimbursement methodology for dental services to Medicaid clients under age 21.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Irene Cantu, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1438; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200803748

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 22, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on August 18, 2008, at 1:30 p.m., to receive public comment on the proposed Medicaid payment rates for 2 new dental varnish services provided in a Physician's Office. Dental varnish services will be delivered by physicians in the physician's office. Currently, dental varnish services are only reimbursable to dentists.

Proposal. The rates for Dental Varnish service in the Physician Offices are proposed to be effective September 1, 2008.

Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners and 1 TAC §355.8441(11), relating to the reimbursement methodology for dental services to Medicaid clients under age 21.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Irene Cantu, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1438; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200803754

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 23, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on August 18, 2008, at 1:30 p.m., to receive public comment on 2 new procedure codes (1 for surgery and 1 for durable medical equipment) for the proposed Medicaid payment rates for Gynecological and Reproductive Health Services.

Proposal. The rates for the procedure codes for Gynecological and Reproductive Health Services are proposed to be effective September 1, 2008.

Methodology and Justification. The proposed payment rates were calculated in accordance with 1 TAC §355.8085, which addresses the Texas Medicaid Reimbursement Methodology for physicians and certain other practitioners; 1 TAC §355.8021, which addresses the Reimbursement Rates for Home Health Services; and 1 TAC §355.8441(3), relating to the Reimbursement Methodology for Durable Medical Equipment under the Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Program (known in Texas as THSteps).

TRD-200803760

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: July 23, 2008

Texas Department of Housing and Community Affairs

Single Family Mortgage Revenue Bonds (Program 71) and Single Family Mortgage Revenue Bonds Drawdown Program

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at 221 East 11th Street, Room 116, Austin, Texas, at 12:00 noon on September 2, 2008, with respect to the following (i) an issue of tax-exempt single family mortgage revenue bonds to be issued in one or more series in an aggregate face amount of not more than $129,600,000 (the "Program 71 Bonds") and (ii) a plan of financing (the "Plan") that includes issues of tax-exempt single family mortgage revenue bonds (the "Drawdown Bonds"), the first of which is to be issued within one year of the date of the hearing described below and the last of which is to be issued no later than three years from the first delivery of Drawdown Bonds under the Plan.

The proceeds of the Program 71 Bonds will be used directly to make single family residential mortgage loans. All of such single family residential mortgage loans will be made to eligible very low, low and moderate income homebuyers for the purchase of homes located within the State of Texas, and are expected to be in an aggregate estimated amount of $129,600,000.

The Drawdown Bonds will be issued by the Department in one or more series or subseries, in a maximum aggregate face amount not to exceed $400,000,000. The proceeds of the Drawdown Bonds will be used for the following purposes: (a) to refund certain single family mortgage revenue bonds of the Department and thereby to recycle prepayments and repayments of loans made with the proceeds of such bonds in order to provide single family residential mortgage loans; (b) to refund certain single family mortgage revenue bonds of the Department and thereby to recycle unexpended proceeds of such bonds in order to provide single family residential mortgage loans; and (c) to provide, directly or indirectly, single family residential mortgage loans. All of such single family residential mortgage loans will be made to eligible very low, low and moderate income homebuyers for the purchase of homes located within the State of Texas.

For purposes of the Department's mortgage loan finance programs, eligible borrowers generally will include individuals and families whose family income does not exceed, (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income, and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income, who have not owned a principal residence during the preceding three years (except in certain cases permitted under applicable provisions of the Internal Revenue Code). Further, residences financed with loans under the programs generally will be subject to certain other limitations, including limits on the purchase prices of the residences being acquired. All the limitations described in this paragraph are subject to revision and adjustment from time to time by the Department pursuant to changes in applicable federal law and Department policy.

All interested parties are invited to attend such public hearing to express their views with respect to the Department's mortgage loan finance program and the issuance of the Program 71 Bonds and the Drawdown Bonds. Questions or requests for additional information may be directed to Heather Hodnett at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701; telephone (512) 475-1899.

Persons who intend to appear at the hearing and express their views are invited to contact Heather Hodnett in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Heather Hodnett prior to the date scheduled for the hearing.

TDHCA WEBSITE: www.tdhca.state.tx.us/hf.htm

Individuals who require auxiliary aids for the hearing should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989 at least two days before the hearing so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for the hearing should contact Heather Hodnett at (512) 475-1899 at least three days before the hearing so that appropriate arrangements can be made. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

This notice is published and the above-described hearing is to be held in satisfaction of the requirements of State law and Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exclusion from gross income for federal income tax purposes of interest on the Program 71 Bonds and the Drawdown Bonds.

TRD-200803663

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 18, 2008

Texas Department of Insurance

Company Licensing

Application to change the name of UNITED FAMILY LIFE INSURANCE COMPANY to IA AMERICAN LIFE INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Scottsdale, Arizona.

Application to change the name of AXA LIFE AND ANNUITY COMPANY to AXA EQUITABLE LIFE AND ANNUITY COMPANY, a foreign life, accident and/or health company. The home office is in Denver, Colorado.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200803765

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: July 23, 2008

Notice of Public Hearing 2008 Texas Title Insurance Biennial Hearing

Notice is hereby given that a title insurance hearing will be held before the Commissioner of Insurance. The hearing will consist of a rulemaking phase and a ratemaking phase. The rulemaking phase, under Docket No. 2690, will be for the consideration of rules, forms, and endorsements, and related matters not having primary rate implications. The ratemaking phase, under Docket No. 2691, will be for the consideration of fixing the premium rate and other matters with direct rate implications. The scope of the hearing includes subjects and matters related to both real property title insurance and personal property title insurance. The hearing for the rulemaking phase will begin at 9:30 a.m., in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, on October 2, 2008, and continue thereafter at dates, times, and places designated by the Commissioner until conclusion. The hearing for the ratemaking phase will begin at 9:30 a.m., in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, on November 18, 2008, and continue thereafter at dates, times, and places designated by the Commissioner until conclusion. The Commissioner may conduct both phases of the hearing; however, the ratemaking phase of the hearing can be conducted by the State Office of Administrative Hearings in accordance with Chapter 40, Texas Insurance Code at the direction of the Commissioner or at the written request of any person seeking admission as a party to the ratemaking phase of the hearing pursuant to Chapter 2703. The Commissioner shall certify which matters have rate implications to be considered in the ratemaking phase of the hearing.

Authority, Jurisdiction, Statutes and Rules Involved

The Commissioner has jurisdiction over the promulgation of rules and premium rates, over amendments to or promulgation of approved forms, and over other matters set out in this notice pursuant to Texas Insurance Code, Sections 31.021 and 2551.003, Chapters 2501, 2703, 2751 and pursuant to the Texas Administrative Code, Title 28, Chapter 9. The procedure of the hearing will be governed by the Rules of Practice and Procedure before the Department of Insurance (Texas Administrative Code, Title 28, Chapter 1, Subchapter A) and the Administrative Procedure Act (Texas Government Code, Chapter 2001).

Matters to be Considered

The Commissioner will consider testimony presented and information filed by title insurers, title agents, the Texas Department of Insurance staff, and other interested parties relating to the following issues:

Docket No. 2690

Form and Rulemaking Phase

Item 2008-1 - Submission by Texas Land Title Association to amend the Residential Real Property Affidavit (Form T-47) to remove a duplicate reference to the title insurance company in paragraph 6 of the form.

Item 2008-2 - Submission by Texas Land Title Association to amend Procedural Rule P-36 to allow for the deletion of the arbitration provision on Schedule A of the Loan Policy or the Owner's Policy and to amend outmoded references relating to the Mortgagee and Owner Policy forms.

Item 2008-3 - Submission by Texas Land Title Association to amend Procedural Rule P-21 to conform the language of the rule with the language of the form by amending outmoded references relating to the Mortgagee and Owner Policy forms and to amend an outmoded reference to the State Board of Insurance.

Item 2008-4 - Submission by Texas Land Title Association to amend Procedural Rule P-9.b(8) to conform the language of the rule with the proposed Future Advance/Revolving Credit Form (T-35) and to delete the requirement that the Loan Policy show by endorsement that the lien being insured secures a revolving credit type of indebtedness.

Item 2008-5 - Submission by Texas Land Title Association to amend Procedural Rule P-9.b(6) to conform the language of the rule with the language of the Variable Rate Mortgage Endorsement (T-33) and the Variable Rate Mortgage-Negative Amortization Endorsement (T-33.1).

Item 2008-6 - Submission by Texas Land Title Association to adopt a new procedural rule (P-___) to provide that the proposed Texas Limited Coverage Residential Chain of Title Policy (T-___) shall not be issued with respect to deeds and leases recorded in the public records more than sixty months immediately preceding the Date of Policy and to clarify the term "institutional lender."

Item 2008-7 - Submission by Texas Land Title Association to adopt a new Texas Limited Coverage Residential Chain of Title Policy (Form T-___) to respond to mortgage fraud concerns raised by lenders.

Item 2008-8 - Submission by Texas Land Title Association to amend the Assignment of Rents/Leases Endorsement (T-27) to correct typographical errors in the form.

Item 2008-9 - Submission by Texas Land Title Association to amend the Texas Residential Owner Policy of Title Insurance - One-To-Four Residences (T-1R), the Texas Short Form Residential Mortgagee Policy of Title Insurance (T-2R), and the Mortgagee Title Policy Binder on Interim Construction Loan (T-13) to conform with the language of the Owner's Policy (T-1) and the Loan Policy (T-2) by changing the term "Owner" to "Owner's" and changing the term "Mortgagee" to "Loan."

Item 2008-10 - Submission by Texas Land Title Association to amend the Commitment for Title Insurance (T-7) to conform the language of the form with the language of the Owner's Policy (T-1) and the Loan Policy (T-2) and to conform the language of the form with the proposed changes to the Texas Residential Owner Policy of Title Insurance - One-To-Four Residences (T-1R), the Texas Short Form Residential Mortgagee Policy of Title Insurance (T-2R), and the Mortgagee Title Policy Binder on Interim Construction Loan (T-13).

Item 2008-11 - Submission by Texas Land Title Association to amend Schedule B of the Loan Policy (T-2) to correct a typographical error.

Item 2008-12 - Submission by Texas Land Title Association to amend Schedule A of the Loan Policy (T-2) to remove the Tax Deletion Endorsement (T-30) from the list of optional endorsements on Schedule A and to remove language from Schedule A regarding deleted provisions from affected endorsements, which will require such deletions to be included as a special exception on Schedule B of the commitment.

Item 2008-13 - Submission by Texas Land Title Association to amend the Deletion of Arbitration Provision of the Commitment for Title Insurance (T-7) to increase the threshold amount for arbitral matters to two million dollars in conformity with Procedural Rule 36.

Item 2008-14 - Submission by Texas Land Title Association to amend Procedural Rule P-17 to allow a pass-through to consumers of electronic filing fees and to withdraw Bulletin 163.

Item 2008-15 - Submission by Texas Land Title Association to amend Specific Areas and Procedures 5 of the Minimum Standards, Specific Instructions and Report Forms for Audit of Trust Funds Required of Texas Title Insurance Agents, Direct Operations, Title Attorneys and Attorneys Licensed as Escrow Officers to allow a pass-through to consumers of tax search service fees and notary sign-up fees.

Item 2008-16 - Submission by Texas Land Title Association to amend Procedural Rule 7 to conform the language of the rule with the Loan Policy (T-1) and the Owner's Policy (T-2).

Item 2008-17 - Submission by the Office of Public Insurance Counsel to amend Procedural Rule 18 to require that a copy of the Commitment for Title Insurance (T-7) on an Owner's Policy be delivered to the proposed insured no less than 5 business days prior to closing the transaction.

Item 2008-18 - Submission by the Office of Public Insurance Counsel to amend Procedural Rule 21 to remove language from Schedule D of the Commitment for Title Insurance (T-7) regarding optional advanced disclosure of settlement charges and optional advanced issuance of a Commitment for Title Insurance in conformity with the proposed amendment to Procedural Rule 18.

Item 2008-19 - Submission by the Office of Public Insurance Counsel to amend the Owner's Policy of Title Insurance (T-1) to remove indemnity language from the form in conformity with the 2006 American Land Title Association Owner's Policy.

Item 2008-20 - Submission by the Office of Public Insurance Counsel to amend the Loan Policy of Title Insurance (T-2) to remove indemnity language from the form in conformity with the 2006 American Land Title Association Loan Policy.

Item 2008-21 - Submission by Stewart Title Guaranty Company to adopt a new form (T-24.1), entitled Non-Imputation Endorsement (Mezzanine Financing), to allow the non-imputation coverage provided in paragraph 4 of the Owner's Policy to be assigned by the Insured to a Mezzanine Lender.

Item 2008-22 - Submission by Stewart Title Guaranty Company to adopt a new Procedural Rule (P-___), entitled Insured Closing Letters by Licensees for benefit of non-agents or non-escrow officers prohibited, to prohibit the issuance of Insured Closing Letter by attorneys operating pursuant to Procedural Rule 22.

Item 2008-23 - Submission by Stewart Title Guaranty Company to adopt a new Procedural Rule (P-___), entitled Cancellation fees; fees for services rendered, to define and prohibit cancellation fees, to otherwise allow fees for furnishing title evidence or furnishing title evidence and examination, and to withdraw Bulletin 133.

Item 2008-24 - Submission by Stewart Title Guaranty Company to amend the Insured Closing Service form (T-50) to substantially conform to the American Land Title Association Standard Closing Protection Letter.

Item 2008-25 - Submission by Stewart Title Guaranty Company to amend the Co-Insurance Endorsement (T-48) to substantially conform to the American Land Title Association Standard Co-Insurance - Single Policy Endorsement.

Item 2008-26 - Submission by Stewart Title Guaranty Company to rescind the Last Dollar Endorsement (T-15) in its entirety.

Item 2008-27 - Submission by Stewart Title Guaranty Company to amend Procedural Rule P-9 to rescind the procedure for issuance of the Last Dollar Endorsement (T-15), which has also been proposed for rescission.

Item 2008-28 - Submission by Stewart Title Guaranty Company to amend Procedural Rule 55 to provide that the proposed Non-Imputation Endorsement (Mezzanine Financing) (T-24.1) be issued in accordance with the same procedural provisions currently set forth by the rule for the Non-Imputed Endorsement (T-24).

Item 2008-29 - Submission by Stewart Title Guaranty Company to amend the Texas Title Insurance Information form to increase the threshold amount for arbitral matters to two million dollars and to conform the language of the form to the Owner's Policy (T-1), the Loan Policy (T-2), and the Deletion of the Arbitration Provision (P-36).

Item 2008-30 - Submission by Stewart Title Guaranty Company to amend Administrative Rule L-1 to provide that a Title Insurance Company may cancel an agent's license for cause without giving the required advance notice of 30 days.

Item 2008-31 - Submission by Stewart Title Guaranty Company to amend the Future Advance/Revolving Credit Endorsement (T-35) to substantially conform the language of the endorsement to the American Land Title Association Future Advance Endorsement and to conform the language of the endorsement to the Loan Policy (T-2).

Item 2008-32 - Submission by Stewart Title Guaranty Company to amend the Leasehold Loan Policy Endorsement (T-5) to conform the language of the endorsement to the American Land Title Association Leasehold - Loan Endorsement and to conform the language of the endorsement to the Loan Policy (T-2).

Item 2008-33 - Submission by Stewart Title Guaranty Company to amend the Leasehold Owner Policy Endorsement (T-4) to conform the language of the endorsement to the American Land Title Association Leasehold - Owners Endorsement and to conform the language of the endorsement to the Owner's Policy (T-1).

Item 2008-34 - Submission by Fidelity National Title Group to adopt a new Tax Parcel (single parcel) Endorsement Form (T-___) to insure against loss or damage sustained by reason of the insured parcel of land being taxed as part of a larger parcel of land or failing to constitute a separate tax parcel for real estate tax purposes.

Item 2008-35 - Submission by Fidelity National Title Group to adopt a new Tax Parcel (multiple parcels) Endorsement Form (T-___) to insure against loss or damage sustained by reason of the insured parcels of land being taxed as part of a larger parcel of land or failing to constitute a separate tax parcel for real estate tax purposes.

Item 2008-36 - Submission by Fidelity National Title Group to amend Procedural Rule 9, entitled Endorsement of Owner or Mortgagee Policies, to authorize the issuance of the proposed Tax Parcel (single parcel) Endorsement (T-___) and the proposed Tax Parcel (multiple parcels) Endorsement (T-___).

Item 2008-37 - Submission by Fidelity National Title Group to adopt a new Indirect Access and Entry Endorsement (T-23.1) to insure against loss or damage sustained in the event that an access easement does not provide actual vehicular and pedestrian access to and from the insured parcel of land and to amend Procedural Rule 54, entitled Access Endorsement, to authorize issuance of the proposed Indirect Access and Entry Endorsement (T-23.1).

Item 2008-38 - Submission by Fidelity National Title Group to amend Procedural Rule 56, entitled Contiguity Endorsement, to authorize the issuance of the proposed Contiguity Endorsement (T-25.1).

Item 2008-39 - Submission by Fidelity National Title Group to adopt a new Contiguity Endorsement (T-25.1) to insure against loss or damage sustained by reason of the presence of any gaps, strips, or gores lying between contiguous parcels of insured lands and does not require the contiguous boundary lines of the various parcels of land to be specifically identified.

Item 2008-40 - Submission by Fidelity National Title Group to amend Procedural Rule 20, entitled Amendment of Standard Exception in Mortgagee Policy or Mortgagee Title Policy Binder on Interim Construction Loan (Interim Binder) Relating to Taxes, to organize several procedural rules regarding the standard tax exception and Bulletin 153 into one rule, to provide guidance to the title industry regarding current year and rollback taxes, and to rescind Procedural Rule 29, entitled Amendment of Standard Exception in Mortgagee Policy Binder on Interim Construction Loan (Interim Binder) Relating to Taxes Not Yet Due and Payable.

Item 2008-41 - Submission by the Texas Department of Insurance to amend the Title Insurance Agent (L-1) administrative rule in Section VI of the Basic Manual to update statutory references in the rule.

Item 2008-42 - Submission by the Texas Department of Insurance to amend the Audit and Review of the Agent/Direct Operations Escrow and Trust Accounts (G.2) administrative rule in Section VI of the Basic Manual to update statutory references in the rule.

Item 2008-43 - Submission by the Texas Department of Insurance to amend the Policy Guaranty Fee (G.1) administrative rule in Section VI of the Basic Manual to update statutory references in the rule.

Item 2008-44 - Submission by the Texas Department of Insurance to amend the Requirements for Ceasing Operation by Agents and Direct Operations (D-1) administrative rule in Section VI of the Basic Manual to clarify the requirements of ceasing operation by agents or direct operations and to update statutory references in the rule.

Item 2008-45 - Submission by the Texas Department of Insurance to amend the Payment for Services Rendered By a Title Insurance Company, Title Insurance Agent, or Direct Operation to another Title Insurance Company, Title Insurance Agent or Direct Operation (P-24) procedural rule in Section IV of the Basic Manual to clarify payments for services rendered among title agents, companies and direct operations.

Item 2008-46 - Submission by the Texas Department of Insurance to amend the Reasonable Time for Furnishing Title Evidence (P-25) procedural rule in Section IV of the Basic Manual to provide a requirement for title agents and direct operations to maintain auditable records and documents that demonstrate compliance with the rule and to update statutory references in the rule.

Item 2008-47 - Submission by the Texas Department of Insurance to rescind the Statement of Assessment Received from and Recoupments Distributed to Title Insurance Company (T-G3) form in Section V of the Basic Manual.

Item 2008-48 - Submission by the Texas Department of Insurance to rescind the Guaranty Assessment Recoupment Charge Remittance (T-G2) form in Section V of the Basic Manual.

Item 2008-49 - Submission by the Texas Department of Insurance to amend the Supplemental Coverage Manufactured Housing Unit Endorsement (T-31.1) in Section II of the Basic Manual to remove an erroneous reference to "serial number" in the form and to insert a reference to the "policy number."

Item 2008-50 - Submission by the Texas Department of Insurance to amend the Leasehold Mortgagee Policy Endorsement (T-5) in Section II of the Basic Manual to remove an erroneous reference to "serial number" in the form.

Item 2008-51 - Submission by the Texas Department of Insurance to amend the Leasehold Owner Policy Endorsement (T-4) in Section II of the Basic Manual to remove an erroneous reference to "serial number" in the form.

Item 2008-52 - Submission by the Texas Department of Insurance to amend the Policy Guaranty Fee Remittance (T-G1) form in Section V of the Basic Manual to update the policy guaranty fee amount shown on the remittance form to reflect the correct amount due for each policy.

Item 2008-53 - Submission by the Texas Department of Insurance to amend the Title Insurance Escrow Officer (L-2) rule in Section VI of the Basic Manual to provide a procedure for a title agent or direct operation to notify the Department upon a change of name of a licensed escrow officer and to update statutory references in the rule.

Item 2008-54 - Submission by the Texas Department of Insurance to amend the Texas Title Insurance Statistical Plan to provide a Rate Code for the new Co-Insurance Endorsement (T-48) and to add reporting codes for the new personal property title insurance forms and endorsements.

Complete copies of the agenda items may be obtained from the Office of the Chief Clerk. Please submit your request to:

Office of the Chief Clerk

Texas Department of Insurance (Mail Code 113-2A)

P.O. Box 149104

Austin, Texas 78714-9104

Notwithstanding the foregoing, the Department reserves the right at any time to propose for adoption, pursuant to Texas Insurance Code Texas Insurance Code, Sections 31.02 and 2551.003, Chapters 2501, 2703, 2751 and the Administrative Procedure Act, any rule for the regulation of title insurance.

Docket No. 2691

Ratemaking Phase

Item 2008-55 - Submission by Texas Land Title Association to adopt a new rate rule (R-___) to provide a fair and equitable charge for issuance of the Texas Limited Coverage Residential Chain of Title Policy.

Item 2008-56 - Submission by Texas Land Title Association to amend Rate Rule 15 to remove a reference to the Manufactured Housing Endorsement (T-31) from the rule in conformity with Procedural Rule P-9.a(4).

Item 2008-57 - Submission by Texas Land Title Association to amend Rate Rule 5 to conform the language of the rule to the language of the forms and to allow the credit for the surrender of multiple Owner's Policies, as allowed by Rate Rule 3, to be combined with the simultaneous issue rate in simultaneous issue transactions.

Item 2008-58 - Submission by the Office of Public Insurance Counsel to amend the Schedule of Basic Premium Rates (R-1) to allow a premium schedule that provides multiple rates for each policy from which title insurance companies may choose to charge for the policy on a file and use basis.

Item 2008-59 - Submission by the Office of Public Insurance Counsel to amend the Schedule of Basic Premium Rates For Personal Property Title Insurance (R-1(A)) to allow a premium schedule that provides multiple rates for each policy from which title insurance companies may choose to charge for the policy on a file and use basis.

Item 2008-60 - Submission by Stewart Title Guaranty Company to amend the Premium for Non-Imputation Endorsement (R-31) to include a rate for the proposed Non-Imputation Endorsement (Mezzanine Financing) (T-24.1).

Item 2008-61 - Submission by Stewart Title Guaranty Company to amend Rate Rule R-11 to rescind the rate for the Last Dollar Endorsement (T-15), which has also been proposed for rescission.

Item 2008-62 - Submission by Fidelity National Title Group to amend Rate Rule 15, entitled Owner Policy Endorsement, to provide a rate of $25.00 for the proposed Tax Parcel (single parcel) Endorsement (T-___) and a rate of $25.00 per parcel for the proposed Tax Parcel (multiple parcels) Endorsement (T-___).

Item 2008-63 - Submission by Fidelity National Title Group to amend Rate Rule 11, entitled Mortgagee Policy Endorsement, to include a rate of $25.00 for the proposed Tax Parcel (single parcel) Endorsement (T-___) and a rate of $25.00 per parcel for the proposed Tax Parcel (multiple parcels) Endorsement (T-___).

Item 2008-64 - Submission by Fidelity National Title Group to amend Rate Rule 30, entitled Premium for Access Endorsement (T-23), to provide a rate of $100 for the proposed Indirect Access and Entry Endorsement (T-23.1).

Item 2008-65 - Submission by Fidelity National Title Group to amend Procedural Rule 66, entitled Determination of Amount of Insurance (Policy Amount), to authorize the issuance of a single Owner's Policy covering multiple tracts of land purchased by a single purchaser pursuant to separate contracts, to amend Rate Rule 3, entitled Owner's Policy, to provide that the rate for a single Owner's Policy covering multiple tracts of land purchased by a single purchaser shall be the aggregate of the Basic Premium Rate as applied to each sales price, and to rescind Bulletin 120.

Item 2008-66 - Submission by the Texas Department of Insurance to adopt a rate rule entitled Credit for Exclusion of or General Exception for Minerals (R-___) to provide a credit when coverage for the mineral estate is excluded from or generally excepted to or coverage.

In the Ratemaking Phase the parties shall consider and provide evidence on all relevant and necessary points. Evidence in the following areas is particularly requested:

1. Comments and proposals for alternative rating structures including, but not necessarily limited to, differences in rates or premium splits by geographic region (e.g., rural versus urban), by size of agency, and by type of business written.

2. Comments and proposals for alternative rating structures that might promote greater competition in the marketplace.

3. The likely effect on costs of changes in productivity such as those arising from improvements in technology both in title agent and underwriter operations and external areas such as county clerks' operations, and how these are likely to affect future rate needs.

4. Comments and proposals for the identification and treatment in ratemaking of expense outliers for individual entities (underwriters and agents) in various expense categories (e.g., salaries, benefits, rent, etc.) or a combination of categories and whether the impact of such outliers should be limited in calculating overall rate needs.

5. According to the April 2007, report of the United States Government Accountability Office (GAO), the number of affiliated business arrangements (ABAs), defined as situations in which real estate or other professional are part or full time owners of title agencies, have been growing significantly in recent years. Provide comments on the phenomenon in Texas, how this might be affecting costs and rates, and how abuses, if any, might be addressed in the ratemaking system.

6. Comments and proposals on how profits earned on escrow functions, tax certificates, recording fees, and other miscellaneous income should be considered, if at all, in establishing appropriate title insurance profit margins.

7. Comments and proposals on the appropriate reporting and allocation of income and expenses for ratemaking purposes generally, including possible modifications to the annual statistical plans' instructions to help enhance reporting consistency and accuracy, including the effects of personal property title insurance income and expenses.

Commissioner's Policies

The Commissioner's policies regarding the setting of rates for title insurance provided for under Texas Insurance Code, Chapter 2703 are set out below. This policy statement is not intended to limit the type of evidence a party may offer at the hearing. The pertinent Commissioner's policies are as follows:

1. Evidence to be considered.

It is the Commissioner's policy to consider all relevant evidence and issues in making a determination of rates. To ensure a complete record, the Commissioner shall take official notice of:

Commissioner's Order 08-0588 dated July 2, 2008, entitled "In the Matter of the 2007 Personal Property Title Insurance Ratemaking Hearing SOAH Docket No. 454-08-0220.G; Docket No. 2673."

Commissioner's Order 08-0160 dated February 25, 2008, entitled "In the Matter of the 2006 Texas Title Insurance Biennial Rate Hearing Consent Order SOAH Docket No. 454-07-3748.G; TDI Enforcement File No. 50552."

Commissioner's Order 06-1280 dated December 12, 2006, and entitled "In the Matter of the 2004 Texas Title Insurance Biennial Rate Hearing Docket Number 2601."

Commissioner's Order 04-0405 dated April 23, 2004, and entitled "In the Matter of the 2002 Texas Title Insurance Biennial Rate Hearing Docket Number 2538."

Commissioner's Order 02-0901 dated August 23, 2002, and entitled "In the Matter of the 2000 Texas Title Insurance Biennial Rate Hearing Docket Number 2471."

Commissioner's Order 00-0534 dated May 15, 2000, and entitled "In the Matter of the 1998 Texas Title Insurance Biennial Rate Hearing Docket Number 2394."

Commissioner's Order 98-0620 dated May 27, 1998, and entitled "In the Matter of the 1996 Texas Title Insurance Biennial Rate Hearing Docket Number 2279."

The United States Government Accountability Office Report to the Ranking Member, Committee on Financial Services, House of Representatives, dated April 2007, and entitled "Title Insurance: Actions Needed to Improve Oversight of the Title Industry and Better Protect Consumers."

Texas Department of Insurance reports for Calendar Year 1997, Calendar Year 1998, Calendar Year 1999, Calendar Year 2000, Calendar Year 2001, Calendar Year 2002, Calendar Year 2003, Calendar Year 2004, Calendar Year 2005, and Calendar Year 2006, and entitled "Texas Title Insurance Agents Statistical Report."

Texas Department of Insurance reports for Calendar Year 1997, Calendar Year 1998, Calendar Years 1999-2002, Calendar Years 1999-2003, Calendar Years 1999-2004, Calendar Years 2001-2005, and Calendar Years 2002-2006, and entitled "State of Texas Title Insurance Experience Report."

2. Parties to be admitted to ratemaking hearing.

Anyone who wishes to participate in the hearing as a party for the ratemaking phase must file a motion for admission as a party by 5:00 p.m. on August 11, 2008, with the Chief Clerk's Office.

3. Purposes of pre-hearing conferences.

An initial pre-hearing conference will be held before the General Counsel of the Department at 10:00 a.m. on September 10, 2008, in room 102 of the first floor of the William P. Hobby, Jr. State Office Building located at 333 Guadalupe Street in Austin, Texas. The pre-hearing conference will be held for the following purposes:

to rule on motions for admission of parties to the ratemaking phase; and

to schedule the submission of pre-filed testimony, briefs, and other items; and

to address other matters that may simplify the proceedings.

Subsequent pre-hearing conferences will be scheduled as necessary to consider other matters as may aid in the simplification of the proceedings.

4. Conduct expected at hearing.

Each page of any exhibit offered in evidence at a hearing before the Commissioner, including prefiled testimony, must be on 8 1/2" by 11" paper, numbered consecutively at the center of the bottom margin, and three-hole-punched along the left margin. The front page of each exhibit must indicate that the exhibit will be part of the record of a public hearing before the Commissioner and must identify the subject of the hearing, the docket number, the date of the hearing, and the party offering the exhibit. On the front page, the party offering the exhibit must also describe the exhibit and leave a space for numbering the exhibit. For example:

Public Hearing before the Department of Insurance

Subject of Hearing:

Docket No. 2690 and 2691

Date: __________

Party: _____________

Exhibit # ______

Description of Exhibit __________

Parties offering exhibits into evidence at the hearing should be prepared with sufficient copies of each proposed exhibit to furnish the following:

the original exhibit, which will be tendered to the Commissioner for marking and retention for the official record, after which the attorneys shall use an exact photocopy of such marked exhibit in the examination of the witness; and

one copy each for every other party admitted to the hearing; and

six paper copies to be filed with the Office of Chief Clerk; and

one electronic copy to be filed with the Office of Chief Clerk.

Testimony and exhibits accompanying testimony from the parties' witnesses, including their underlying work papers, must be submitted and made available in both paper and electronic format compatible and accessible by a computer using the Windows XP, Service Pack 2, operating system and Microsoft Office, Service Pack 3 software. Parameters, assumptions, and references to underlying data should be identifiable in the electronic exhibits. All information submitted in electronic format to the Office of the Chief Clerk shall be submitted in a format that does not require the use of passwords or other security measures for accessibility and utilization by the Department.

5. Deadlines subject to change.

All deadlines in this notice are subject to change at the Commissioner's discretion to the extent permitted by statute and rule.

TRD-200803743

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: July 22, 2008

Texas Department of Insurance, Division of Workers' Compensation

Correction of Error

The Texas Department of Insurance, Division of Workers' Compensation adopted amendments to 28 TAC §133.2 and new §133.4 and §133.5, under Chapter 133, General Medical Provisions, Subchapter A, General Rules for Medical Billing and Processing. The adoption notice was published in the July 18, 2008, issue of the Texas Register (33 TexReg 5701).

The Department's submission preamble contains the following errors.

On page 5703, in the paragraph that begins, "Subsection (i) provides that if notice..." the word "Section" should be "Subsection" under the second sentence of the paragraph.

The sentence should read as follows: "Subsection (j) contains a severability clause stating that if a court of competent jurisdiction holds that any provision of the section is inconsistent with any statutes of this state, is unconstitutional, or is found to be invalid for any reason, the remaining provisions of this section shall remain in effect."

On page 5704, in the paragraph that begins, "Subsection 133.5(d) provides...", the reference to "Subsection 5(e)" should be to "Subsection 133.5(e)" in the second sentence.

The sentence should read as follows: "Subsection 133.5(e) provides that if the informal and voluntary report does not meet the requirements of Labor Code §413.0115 and this section, the informal network or voluntary network may be held liable for any administrative violations."

On page 5705, in the paragraph that begins, "Agency Response: The Division clarifies that this section applies to any contractual agreement..." the reference to "Labor Code §401.01119)" in the second to the last sentence is incorrect.

The sentence should read as follows: "However, the Division points out that a prescription medication is defined as "health care" under Labor Code §401.011(19) and that pharmacists and pharmacies are considered health care providers under Labor Code §401.011(21) and (22)."

TRD-200803758

Texas Lottery Commission

Instant Game Number 1068 "$1,000,000 Gold Rush"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1068 is "$1,000,000 GOLD RUSH". The play style for Game 1 is "key number match with doubler". The play style for Game 2 is "key symbol match with doubler". The play style for Games 3 and 4 is "row/column/diagonal with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1068 shall be $20.00 per ticket.

1.2 Definitions in Instant Game No. 1068.

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: $20.00, $25.00, $30.00, $40.00, $50.00, $100, $200, $400, $1,000, $ONE MILL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, GOLD BAR SYMBOL, APPLE SYMBOL, ORANGE SYMBOL, WATERMELON SYMBOL, BANANA SYMBOL, STAR SYMBOL, LEMON SYMBOL, BELL SYMBOL, HORSESHOE SYMBOL, CLOVER SYMBOL, BAR SYMBOL, SEVEN SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, PINEAPPLE SYMBOL, CHERRY SYMBOL and COIN SYMBOL.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: 16 TAC GAME NO. 1068 - 1.2D

E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) 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: 00000000000000.

F. Low-Tier Prize - A prize of $20.00.

G. Mid-Tier Prize - A prize of $30.00, $40.00, $50.00, $100, $200 or $400.

H. High-Tier Prize - A prize of $1,000 or $1,000,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1068), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 025 within each pack. The format will be: 1068-0000001-001.

K. Pack - A pack of "$1,000,000 GOLD RUSH" Instant Game tickets contains 025 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 025 while the other fold will show the back of ticket 001 and front of 025.

L. 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.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$1,000,000 GOLD RUSH" Instant Game No. 1068 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 "$1,000,000 GOLD RUSH" Instant Game is determined once the latex on the ticket is scratched off to expose 73 (seventy-three) Play Symbols. In Game 1, if a player matches any of YOUR NUMBERS play symbols to any of the GOLD BAR NUMBERS play symbols, the player wins PRIZE shown for that number. If a player reveals a "gold bar" play symbol, the player wins DOUBLE the PRIZE shown for that symbol. In Game 2, if a player reveals 3 matching symbols within a ROW, the player wins PRIZE shown for that row. If a player reveals 2 matching symbols and a "coin" symbol, the player wins DOUBLE the PRIZE shown for that row. In Games 3 and 4, for each game, if a player reveals 3 "X"s or 3 "O"s in any one row, column or diagonal, the player wins PRIZE shown for that GAME. If a player reveals 3 "dollar" symbols in any one row, column or diagonal, the player wins DOUBLE the PRIZE shown for that GAME. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 73 (seventy-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 73 (seventy-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 73 (seventy-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 73 (seventy-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 in a pack will not have identical play data, spot for spot.

B. GAME 1: No duplicate GOLD BAR NUMBERS play symbols on a ticket.

C. GAME 1: No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

D. GAME 1: No 3 or more matching non-winning prize symbols in this game.

E. GAME 1: Non-winning prize symbol(s) will never be the same as a winning prize symbol(s) in this game.

F. GAME 1: The "gold bar" (doubler) symbol will only appear on intended winning double games as dictated by the prize structure.

G. GAME 2: The "coin" (doubler) symbol will never appear more than once in ROW and only on intended winning double games as dictated by the prize structure.

H. GAME 2: There will be many near wins of two matching symbols on non-winning games.

I. GAME 2: Non-winning prize symbol(s) will never be the same as a winning prize symbol(s) in this game.

J. GAME 2: No duplicate non-winning ROWS in any order in this game.

K. GAME 2: No duplicate non-winning prize symbols in this game.

L. GAMES 3 & 4: The "$" (doubler) symbol will only appear three times in a row, column or diagonal line on intended winning double games as dictated by the prize structure.

M. GAMES 3 & 4: Each game may only win once.

N. GAMES 3 &4: The "$" (doubler) symbol will appear at least 3 times on each non-winning game.

O. GAMES 3 & 4: No duplicate non-winning games between GAMES 3 & 4.

P. GAMES 3 & 4: No duplicate non-winning prize symbols between GAMES 3 & 4.

2.3 Procedure for Claiming Prizes.

A. To claim a "$1,000,000 GOLD RUSH" Instant Game prize of $20.00, $30.00, $40.00, $50.00, $100, $200 or $400, 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, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $40.00, $50.00, $100, $200 or $400 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 "$1,000,000 GOLD RUSH" Instant Game prize of $1,000 or $1,000,000, 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 "$1,000,000 GOLD RUSH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General;

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

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 "$1,000,000 GOLD RUSH" 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 "$1,000,000 GOLD RUSH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 3,000,000 tickets in the Instant Game No. 1068. The approximate number and value of prizes in the game are as follows:

Figure 2: 16 TAC GAME NO. 1068 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1068 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. 1068, 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-200803762

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 23, 2008

Instant Game Number 1081 "King of Cash"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1081 is "KING OF CASH". The play style is "beat score with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1081 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1081.

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: 16, 17, 18, 19, 20, A CARD SYMBOL, K CARD SYMBOL, Q CARD SYMBOL, 10 CARD SYMBOL, 9 CARD SYMBOL, 8 CARD SYMBOL, 7 CARD SYMBOL, 6 CARD SYMBOL, 5 CARD SYMBOL, 4 CARD SYMBOL, 3 CARD SYMBOL, 2 CARD SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000 or $50,000.

Figure 1: 16 TAC GAME NO. 1081 - 1.2D

F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $50.00, $100 or $500.

H. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1081), 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: 1081-0000001-001.

K. Pack - A pack of "KING OF CASH" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "KING OF CASH" Instant Game No. 1081 ticket.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 46 (forty-six) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 46 (forty-six) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 46 (forty-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 46 (forty-six) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.

B. The pair of "QUEEN" (auto win) play symbols will appear on approximately 40% of winning tickets up to and including the $500 prize levels that do not contain a pair of "KING" (doubler) play symbols.

C. The pair of "KING" (doubler) play symbols will only appear as dictated by the prize structure.

D. No ticket will contain both a pair of "QUEEN" (auto win) play symbols and a pair of "KING" (doubler) play symbols.

E. No four or more matching non-winning prize symbols will appear on a ticket.

F. No duplicate non-winning HANDS on a ticket in the same order.

G. Non-winning prize symbols will never be the same as the winning prize symbol(s).

H. No ties between any HAND and the DEALER'S TOTAL play symbol.

I. No HAND will total less than 12.

J. No HAND will contain two Ace play symbols.

K. The top prizes will be approximately evenly distributed throughout the game.

L. The top prize symbol will appear on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

A. To claim a "KING OF CASH" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "KING OF CASH" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "KING OF CASH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General;

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

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 "KING OF CASH" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "KING OF CASH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

3.0 Instant Ticket Ownership.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1081. The approximate number and value of prizes in the game are as follows:

Figure 2: 16 TAC GAME NO. 1081 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1081 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. 1081, 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-200803664

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 18, 2008

Instant Game Number 1083 "Best of 7's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1083 is "BEST OF 7'S". The play style is "multiple games".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1083 shall be $7.00 per ticket.

1.2 Definitions in Instant Game No. 1083.

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, $10.00, $15.00, $20.00, $50.00, $100, $500, $2,000, $75,000, 1, 2, 3, 4, 5, 6, 8, 9, 7 SYMBOL, X SYMBOL, O SYMBOL, BOOT SYMBOL, SADDLE SYMBOL, HAT SYMBOL, SPUR SYMBOL, HORSE SYMBOL, STAR SYMBOL, HORSESHOE SYMBOL, BEEF SYMBOL, STEER SYMBOL, BRANDING IRON SYMBOL, FIRE SYMBOL, SUN SYMBOL, 1 DICE SYMBOL, 2 DICE SYMBOL, 3 DICE SYMBOL, 4 DICE SYMBOL, 5 DICE SYMBOL, 6 DICE SYMBOL, DIAMOND SYMBOL, GOLD BAR SYMBOL, POT OF GOLD SYMBOL, BAG OF MONEY SYMBOL, STACK OF BILLS SYMBOL AND DOLLAR SIGN SYMBOL.

D. Play Symbol Caption - the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: 16 TAC GAME NO. 1083 - 1.2D

F. Low-Tier Prize - A prize of $7.00, $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $50.00, $100 or $500.

H. High-Tier Prize - A prize of $2,000 or $75,000.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1083), 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: 1083-0000001-001.

K. Pack - A pack of "BEST OF 7'S" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BEST OF 7'S" Instant Game No. 1083 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 "BEST OF 7'S" Instant Game is determined once the latex on the ticket is scratched off to expose 42 (forty-two) Play symbols. In GAME 1, if the player matches either of YOUR NUMBERS to the LUCKY NUMBER, the player wins the PRIZE shown for that number. If the player reveals a 7 symbol, the player wins the PRIZE shown for that number instantly. In GAME 2, if the player reveals 3 X's or O's in the same row, column or diagonal, the player wins the PRIZE shown. If the player reveals 3 "7"'s in the same row, column or diagonal, the player wins DOUBLE the PRIZE shown. In GAME 3, if the total of the 2 numbers equals 7, the player wins $7 INSTANTLY. In GAME 4, if the player finds 3 matching amounts, the player wins that amount. If the player finds 2 matching amounts and a 7, the player wins DOUBLE that amount. In GAME 5, if the player reveals 3 "7" symbols, the player wins the PRIZE in the PRIZE BOX. In GAME 6, if YOUR DICE total 7 within a ROLL, the player wins the PRIZE shown for that ROLL. In GAME 7, if the player matches 2 out of 3 symbols, the player wins $7 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 42 (forty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 42 (forty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 42 (forty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 42 (forty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.

B. Non-winning prize symbols will never be the same as a winning prize symbol in this game.

C. GAME 1: No duplicate non-winning YOUR NUMBERS play symbols in this game.

D. GAME 1: No duplicate non-winning prize symbols.

E. GAME 2: This game may only win once.

F. GAME 4: No four or more of a kind in this game.

G. GAME 4: No three pairs in this game.

H. GAME 4: Game may only win one time.

I. GAME 4: No 3 or more matching play symbols and a 7 play symbol will ever occur.

J. GAME 5: This game may only win once.

K. GAME 5: No 3 or more matching non-winning play symbols in this game.

L. GAME 6: No duplicate non-winning rolls in any order.

M. GAME 6: No duplicate non-winning prize symbols in this game.

N. GAME 7: No duplicate non-winning play symbols in this game.

O. GAME 7: There will never be 3 matching play symbols in this game.

2.3 Procedure for Claiming Prizes.

A. To claim a "BEST OF 7'S" Instant Game prize of $7.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "BEST OF 7'S" Instant Game prize of $2,000 or $75,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "BEST OF 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, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

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

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 "BEST OF 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 "BEST OF 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.

3.0 Instant Ticket Ownership.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1083. The approximate number and value of prizes in the game are as follows:

Figure 2: 16 TAC GAME NO. 1083 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1083 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. 1083, 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-200803665

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 18, 2008

Instant Game Number 1099 "Texas Ranger Limited Edition Silver Series"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1099 is "TEXAS RANGER LIMITED EDITION SILVER SERIES". The play style is "key number match with multiplier".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1099 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1099.

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.

Figure 1: 16 TAC GAME NO. 1099 - 1.2D

F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $50.00, $100 or $500.

H. High-Tier Prize - A prize of $1,000, $50,000 or CHOPPER.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1099), 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: 1099-0000001-001.

K. Pack - A pack of "TEXAS RANGER LIMITED EDITION SILVER SERIES" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of 001 and front of 075.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TEXAS RANGER LIMITED EDITION SILVER SERIES" Instant Game No. 1099 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 "TEXAS RANGER LIMITED EDITION SILVER SERIES" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a 5X SYMBOL, the player wins 5 (five) TIMES the PRIZE shown for that symbol. If the winning prize symbol is a CHOPPER SYMBOL, the player wins a Texas Ranger Limited Edition Silver Series Custom Motorcycle. 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 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. No four or more matching non-winning prize symbols will appear on a ticket.

C. Non-winning prize symbols will never be the same as the winning prize symbol(s).

D. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

E. No duplicate WINNING NUMBERS play symbols on a ticket.

F. The "5X" (win x 5) play symbol will only appear on winning tickets as dictated by the prize structure.

G. The "CHOPPER" prize symbol may appear on both winning and non-winning tickets.

H. The top prize symbol and the "CHOPPER" prize symbol will appear on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

A. To claim a "TEXAS RANGER LIMITED EDITION SILVER SERIES" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "TEXAS RANGER LIMITED EDITION SILVER SERIES" Instant Game prize of $1,000, $50,000 or CHOPPER, 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 "TEXAS RANGER LIMITED EDITION SILVER SERIES" 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.