Department of Aging and Disability Services
Notice - Procurement of Services by Area Agencies on Aging
The Department of Aging and Disability Services' Access and Intake Division Area Agencies on Aging Section oversees the delivery of Older Americans Act services for individuals 60 years of age and older, their family members, and other caregivers through contracts with area agencies on aging located throughout the state. These 28 area agencies on aging are currently seeking qualified entities to provide services such as: Congregate Meals, Home Delivered Meals, Transportation, Personal Assistance, Homemaker, and Caregiver, as well as other related services. Parties interested in providing services must contact the area agency on aging operating within their service area to obtain information relating to vendor open enrollment, requests for proposals (RFP), the contracting process, the types of services being considered, and the actual funding available.
Identified in the comprehensive list are all area agencies on aging, contact information, addresses, telephone numbers, and service areas:
List of Area Agencies on Aging (.pdf)
Contact the Department of Aging and Disability Services, Access and Intake Division - Area Agencies on Aging Section at (512) 438-4290 for questions about this general notice.
TRD-200803978
Marianne Reat
Interim General Counsel
Department of Aging and Disability Services
Filed: July 30, 2008
Pursuant to the Texas Government Code §2254.029, the Texas Bond Review Board (BRB) announces its intent to invite consultants with documented expertise and experience with interest rate management contracts (swaps) to submit offers for a consulting services contract.
The BRB's objective is to contract for consulting services to assist in the development of a state interest rate management policy.
The BRB proposes to obtain the consulting services described above, with services commencing on or after August 29, 2008. The contract term is to be for an initial term from date of award, and ending October 31, 2008 with an option to renew by mutual agreement, for one (1) additional term of up to three (3) months. This announcement is intended to provide potential proposers with notice of the BRB's interest in obtaining such assistance.
The BRB has notified the Legislative Budget Board of the BRB's intent to engage a consultant and received from the Governor's Office of Budget, Planning and Policy a finding of fact that the requested consulting services are necessary.
Required Deliverables include:
A. A comprehensive state interest rate management agreement policy;
B. Recommended procedures, guidelines and standards for the evaluation and analysis of the State interest rate management agreement portfolio, as appropriate;
C. Board and staff training on interest rate management agreements and proposed policies, procedures, guidelines and standards.
The award for consulting services will be made by the BRB basing its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal, the BRB will give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
Inquiries: Questions regarding this RFP should be submitted by electronic mail to Dana Edwards at dana.edwards@cpa.state.tx.us. Questions must be submitted by 5:00 p.m. (CDT), August 7, 2008. Questions submitted later than August 7, 2008 may not be answered. All inquiries will result in written responses with copies posted to the Electronic State Business Daily (ESBD).
If a respondent does not have internet access, a copy of all written responses may be obtained through the point of contact listed above. Respondents are strongly encouraged to submit written questions during the official question and answer period regarding any term or condition of this RFP and whether the Texas Bond Review Board may negotiate that provision under this particular RFP.
Delivery of Proposals: Proposals shall be submitted to TPASS by one of the following methods: U.S. Postal Service: TPASS Bid Services, Comptroller of Public Accounts, P.O. Box 13186, Austin, Texas 78711-3186; Overnight/Express Mail: TPASS-Mail Room #176, Central Services Building, 1711 San Jacinto Boulevard, Austin, Texas 78701, Hours--7:45 a.m. to 4:45 p.m. (CDT); or Hand Deliver: TPASS-Bid Services, 1711 San Jacinto Boulevard 1st Floor (Lobby) Room #100 - Central Services Building, Austin, Texas 78701, Hours--8:00 a.m. to 5:00 p.m. (CDT).
The entire RFP is available electronically on the ESBD. The website is http://esbd.cpa.state.tx.us.
E-mail inquiries should be sent to dana.edwards@cpa.state.tx.us; include in the subject line: "IRMC RFP"
The deadline for proposals is August 25, 2008. All submissions must be received by the BRB by 5:00 p.m. (CDT) on the due date.
TRD-200803943
Bob Kline
Executive Director
Texas Bond Review Board
Filed: July 29, 2008
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 18, 2008, through July 24, 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 30, 2008. The public comment period for this project will close at 5:00 p.m. on August 29, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: Chambers County Improvement District No. 1 ; Location: The project is located in the Cedar Bayou area, on a 280-acre tract located southwest of the FM 1405 and Highway 99 intersection, in western Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Morgans Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 313852; Northing: 3287985. Project Description: The applicant has revised the mitigation plan associated with a proposal to fill approximately 5.13 acres of jurisdictional headwater wetlands within a 280-acre tract during the construction of a commercial warehouse development and associated railroad spur. To compensate for the impacted 5.13 acres of jurisdictional wetlands and 8.14 of non-jurisdictional wetlands, the applicant is proposing off-site mitigation of a total of 13.13 acres. Within the mitigation tract, planting will consist of Saggitaria latifolia in open water areas and Juncus effuses, Polygonum hydropieperoides, Phyla nodiflora, Spartina patens and associated species in areas with increased elevations. Black willow trees will be transplanted from the proposed fill area at the project site. The applicant also proposes to dispose of the excavated material resulting from the mitigation site onto an 18.26-acre site north of the mitigation tract. CCC Project No.: 08-0202-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-00030 (Rev.) is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above, 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-200803950
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 29, 2008
The Texas Treasury Safekeeping Trust Company (Trust Company), by and through the Texas Comptroller of Public Accounts, announces this notice of contract award.
The notice of request for proposals (RFP #184b) was published in the April 25, 2008, issue of the Texas Register (33 TexReg 3458).
The successful respondent will provide certified public accountant services to conduct audits of the Trust Company and certain Trust Company managed funds.
The contract was awarded to: Padgett Stratemann & Co., LLP, 515 Congress Avenue, Suite 1212, Austin, Texas 78701. The total contract compensation amount shall not exceed $200,000.00.
The initial term of the contract is July 24, 2008 through May 31, 2009. The Texas Treasury Safekeeping Trust Company shall have the right to renew the contract for two (2) additional one-year terms one year at a time, through May 31, 2011.
TRD-200803791
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: July 25, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/28/08 - 08/03/08 is 18% for Consumer 1 /Agricultural/Commercial 2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/28/08 - 08/03/08 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 08/01/08 - 08/31/08 is 5.00% for Consumer/Agricultural/Commercial/credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 08/01/08 - 08/31/08 is 5.00% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200803776
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 23, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/04/08 - 08/10/08 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/04/08 - 08/10/08 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200803948
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 29, 2008
Request for Applications Concerning the Texas Science, Technology, Engineering, and Mathematics (T-STEM) Academies - Startup Grants, Cycle 4
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-123 from eligible school districts and open-enrollment charter schools. An eligible school district or open-enrollment charter school shall serve a student population of greater than 40 percent economically disadvantaged students and shall have received a rating of Exemplary, Recognized, or Academically Acceptable under the 2008 state accountability rating system. Special consideration or priority will be given to applicants that serve student populations of greater than 50 percent economically disadvantaged students. An eligible school district or open-enrollment charter school shall also demonstrate how it will meet all of the requirements in this RFA for opening a Texas Science, Technology, Engineering, and Mathematics (T-STEM) Academy no later than the fall of 2009. A T-STEM Academy shall: (1) be an autonomous school located on a stand-alone facility or sharing a facility with an existing school; (2) serve Grades 6 - 12 or Grades 9 - 12 with an active relationship with the feeder middle school(s); (3) be small, serving approximately 100 students per grade; (4) be open enrollment, hosting lotteries for admission; (5) serve a student population of greater than 40 percent economically disadvantaged students; (6) be located on a new campus or be located on a campus that exhibited characteristics that strongly correlate with high school dropout rates (including, but not limited to, high 9th grade retention rates) during the 2005-2006, 2006-2007, and 2007-2008 school years; (7) not share a facility with a campus that received a rating of Academically Unacceptable under the state accountability rating system in 2006, 2007, or 2008; and (8) follow all requirements and indicators outlined in the RFA and in the T-STEM Academy Design Blueprint included as an attachment to the RFA. Campuses receiving funding from the TEA or the Communities Foundation of Texas (CFT) under any of the following grant programs are not eligible to receive funds under this grant program: a TEA Texas High School Redesign and Restructuring Grant, Cycle 3 or Cycle 4; a TEA or CFT Early College High School Grant; a TEA or CFT T-STEM Academy Grant; a CFT Redesigned High School Grant; or a CFT New Schools Grant.
Description. The purpose of T-STEM Academies is to increase student achievement by engaging students in and exposing students to innovative science and mathematics instruction while simultaneously acting as demonstration sites to inform mathematics and science teaching and learning statewide. To that end, every academy will provide a rigorous, well-rounded education with outstanding science and mathematics instruction, integrating technology across the curriculum. The goals of this program for the T-STEM Academies are to: (1) develop the nation's leading innovation economy workforce by aligning high school courses, postsecondary education, and economic development activities; (2) establish T-STEM Academies in high-need areas across the state that will prepare Texas high school graduates from diverse backgrounds to pursue careers in STEM-related fields; and (3) establish a statewide best-practices network for STEM education to promote broad dissemination and adoption of promising practices from the initiative and improve mathematics and science performance for students across Texas.
Dates of Project. The T-STEM Academies - Startup Grants, Cycle 4, will be implemented during the 2009-2010 and 2010-2011 school years. Applicants should plan for a starting date of no earlier than March 1, 2009, and an ending date of no later than February 28, 2011. Schools districts or open-enrollment charter schools selected will be required to open a T-STEM Academy no later than the fall of 2009.
Project Amount. A total of approximately $3 million is available for funding the T-STEM Academies - Startup Grants, Cycle 4. Each project will receive a maximum of $480,000 for a campus serving Grades 9 - 12 or $840,000 for a campus serving Grades 6 - 12 for the 2009-2010 and 2010-2011 school years. The funding will be available in two phases. For the Planning Phase, each project may receive a maximum award amount of $80,000. Upon approval of the project's Academy Design Proposal, an additional amount not to exceed $400,000 for a campus serving Grades 9 - 12 or $760,000 for a campus serving Grades 6 - 12 will be made available for the Implementation Phase. This project is funded 100 percent from general revenue funds appropriated by the state legislature.
Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. Due to the high cost of printing and mailing RFAs, they will no longer be available in print. The announcement letter and complete RFA will be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms for viewing and downloading. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, contact Donnell Bilsky, Division of Discretionary Grants, TEA, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms.
Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, October 16, 2008, to be considered for funding.
TRD-200803982
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: July 30, 2008
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 8, 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 8, 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: AL-AZAR ENTERPRISES, INC. dba I & A Food Store; DOCKET NUMBER: 2008-0525-PST-E; IDENTIFIER: RN102822780; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §115.244(3) and Texas Health and Safety Code (THSC), §382.085(b), by failing to conduct monthly inspections of the Stage II vapor recovery system (VRS); 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; 30 TAC §334.50(b)(2)(A)(i) and the Code, §26.3475(a), by failing to equip each pressurized line with an automatic line leak detector; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; and 30 TAC §115.246(1) and THSC, §382.085(b), by failing to maintain all required Stage II records at the station and make them immediately available for review; PENALTY: $9,875; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: City of Bishop; DOCKET NUMBER: 2008-0557-MWD-E; IDENTIFIER: RN101920684; LOCATION: Nueces County; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010427001, Final Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with its permitted effluent limits for flow, five-day carbonaceous biochemical oxygen demand, and ammonia nitrogen; and 30 TAC §305.125(17) and TPDES Permit Number WQ0010427001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $6,000; Supplemental Environmental Project (SEP) offset amount of $4,800 applied to - Cleanup of Illegal Dumpsites; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(3) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2008-0550-AIR-E; IDENTIFIER: RN102200482; LOCATION: Brazoria, Brazoria County; TYPE OF FACILITY: chemical company; RULE VIOLATED: 30 TAC §116.115(c), 40 Code of Federal Regulations, §60.18(c)(2), Air Permit Number 19718, Special Condition (SC) Numbers 1 and 5, and THSC, §382.085(b), by failing to maintain a pilot flame on flare; and 30 TAC §101.201(a)(1)(B) and (c) and THSC, §382.085(b), by failing to submit the initial report for the May 11, 2007 emissions event; PENALTY: $3,213; SEP offset amount of $1,285 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Chisholm Operating, Inc.; DOCKET NUMBER: 2008-1107-WR-E; IDENTIFIER: RN105484935; LOCATION: Winters, Runnels County; TYPE OF FACILITY: oil and gas production; RULE VIOLATED: the Code, §11.081 and §11.121, by impounding, diverting, or using state water without a required permit; PENALTY: $350; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(5) COMPANY: Dessau Fountains Estates, L.L.C.; DOCKET NUMBER: 2008-0511-MWD-E; IDENTIFIER: RN102080637; LOCATION: Travis County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0012733001, Effluent Limitations and Monitoring Requirements Number 4, and the Code, §26.121, by failing to prevent an unauthorized discharge to water in the state; PENALTY: $31,500; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(6) COMPANY: Dolphin Petroleum, LP; DOCKET NUMBER: 2008-0513-AIR-E; IDENTIFIER: RN100216902; LOCATION: Refugio, Refugio County; TYPE OF FACILITY: oil and gas production plant; RULE VIOLATED: 30 TAC § 122.146(1), General Operating Permit Number O-00257, Terms (b)(2), and THSC, §382.085(b), by failing to submit the annual compliance certification; PENALTY: $2,300; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(7) COMPANY: Feron Corporation dba Zebra Show Bar; DOCKET NUMBER: 2008-0546-PWS-E; IDENTIFIER: RN105449151; LOCATION: Anthony, El Paso County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement; 30 TAC §290.41(c)(3)(G), by failing to conduct a physical and chemical analysis of water produced from a new well; 30 TAC §290.41(c)(3)(K), by failing to seal the wellhead with a gasket or sealing compound; 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling cock on the discharge pipe of the well pump; 30 TAC §290.41(c)(3)(Q), by failing to properly install an air-release device on the discharge piping of the well; 30 TAC §290.42(b)(6), by failing to provide a proper sampling tap for the raw water; 30 TAC §290.42(b)(7), by failing to properly cover the air release device with a 16-mesh or finer corrosion-resistant screen; 30 TAC §290.42(j), by failing to use an approved chemical or media for the disinfection of potable water that conforms to American National Standards Institute/National Sanitation Foundation standards; 30 TAC §290.43(c)(1) - (3), by failing to maintain the facility's storage tank in strict accordance with current American Water Works Association standards; 30 TAC §290.43(d)(2), by failing to provide the three pressure tanks with pressure release devices; 30 TAC §290.44(a)(4), by failing to locate the water line a minimum of 24 inches below the ground surface; 30 TAC §290.40(a) and §290.46(a) and THSC, §341.035(a), by failing to obtain approval by the executive director for the construction of a public water system; 30 TAC §290.46(d)(1) and (2)(A) and THSC, §341.0315(c), by failing to operate the disinfection equipment to maintain a disinfectant residual of at least 0.2 milligrams per liter of free chlorine; 30 TAC §290.46(f)(2), (3)(B)(iii), and (D)(i), by failing to provide water system records to commission personnel; 30 TAC §290.46(m)(1)(A), by failing to conduct an annual inspection of the ground storage tank; 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of each of the three pressure tanks; 30 TAC §290.46(n), by failing to maintain plans, specifications, maps, and other pertinent information on file; 30 TAC §290.46(q)(1), by failing to issue a boil water notification within 24 hours; 30 TAC §290.46(v), by failing to ensure that all water system electrical wiring is securely installed in compliance with a local or national electrical code; 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; and 30 TAC §290.110(d)(3), by failing to measure the free chlorine residual within the distribution system with a colorimeter, spectrophotometer, or color comparator test kit; PENALTY: $7,640; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(8) COMPANY: Houston Oaks Golf Management Company, L.P.; DOCKET NUMBER: 2008-0736-MWD-E; IDENTIFIER: RN102681483; LOCATION: Waller County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a)(1), by failing to maintain a TPDES permit; PENALTY: $3,120; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: J.C. Evans Construction Company, LP; DOCKET NUMBER: 2008-0874-AIR-E; IDENTIFIER: RN105062459; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: portable rock crusher; RULE VIOLATED: 30 TAC §116.115(b) and §116.615(2) and THSC, §382.085(b), by failing to comply with the standard permit condition limiting the number of operating hours; and 30 TAC §116.115(b) and §116.615(8) and THSC, §382.085(b), by failing to comply with the recordkeeping requirements of the standard permit; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(10) COMPANY: Kamary Development, Ltd.; DOCKET NUMBER: 2008-0677-EAQ-E; IDENTIFIER: RN105379333; LOCATION: Bexar County; TYPE OF FACILITY: mixed use development property; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a Water Pollution Abatement Plan; PENALTY: $14,625; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(11) COMPANY: Oiltanking Beaumont Partners, L.P.; DOCKET NUMBER: 2008-0688-AIR-E; IDENTIFIER: RN101042885; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: marine storage terminal; RULE VIOLATED: 30 TAC §116.715(a) and (c)(7), §122.143(4), Flexible Permit 21356, General Condition 10, Permit by Rule 79734, Federal Operating Permit (FOP) Number O-01804, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $2,650; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(12) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2008-0451-AIR-E; IDENTIFIER: RN102561925; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: rubber manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), §122.143(4), Air Permit Number 9481, SC Numbers 1 and 6, FOP Number O-01593, GTC , SC Number 12, and THSC, §382.085(b), by failing to adhere to the permitted weekly maximum allowable emission rate averages; PENALTY: $16,650; SEP offset amount of $6,660 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(13) COMPANY: Trans Health Management, Inc.; DOCKET NUMBER: 2008-1100-PST-E; IDENTIFIER: RN102048923; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: hospital; RULE VIOLATED: 30 TAC §334.8(c), by failing to submit an initial/renewal UST registration and self-certification form; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(14) COMPANY: TXI Operations, LP; DOCKET NUMBER: 2008-0774-WQ-E; IDENTIFIER: RN100670983; LOCATION: Dallas County; TYPE OF FACILITY: concrete batch plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES General Permit Number TXG110184, Permit Requirements Part III Section A, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids and oil and grease; PENALTY: $4,950; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200803939
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 29, 2008
The Texas Commission on Environmental Quality adopted amendments to 30 TAC §§230.1 - 230.3 and 230.9 concerning Groundwater Availability Certification for Platting in the July 25, 2008, issue of the Texas Register (33 TexReg 5933). An error appears on page 5935, second column, third paragraph. The letter "t" was omitted from the first word of the phrase "'he source of the water supply'". The corrected sentence reads as follows:
"Specifically, in §230.1(a), NEI recommends that the phrase 'the source of the water supply' be replaced by the phrase 'any portion of the source of water supply' in two instances."
TRD-200803979
The Texas Commission on Environmental Quality adopted amendments to 30 TAC §293.201 and §293.202 concerning Water Districts in the July 25, 2008, issue of the Texas Register (33 TexReg 5943). Due to a Texas Register error, the word "a" was omitted from the subchapter title on that page. The correct title of Subchapter P is "Acquisition of Road Powers by a Municipal Utility District".
TRD-200803984
The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the draft July 2008 Update to the Water Quality Management Plan for the State of Texas (draft WQMP update).
The Water Quality Management Plan (WQMP) is developed and promulgated in accordance with the requirements of the federal Clean Water Act, §208. The draft WQMP update includes projected effluent limits of indicated domestic dischargers useful for water quality management planning in future permit actions. Once the commission certifies a WQMP update, the update is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission. The draft WQMP update may contain service area populations for listed wastewater treatment facilities, designated management agency information and total maximum daily load (TMDL) updates.
A copy of the draft July 2008 WQMP update may be found on the commission's Web site located at http://www.tceq.state.tx.us/nav/eq/eq_wqmp.html . A copy of the draft may also be viewed at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.
Written comments on the draft WQMP update may be submitted to Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on September 9, 2008. For further information or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at nvignali@tceq.state.tx.us.
TRD-200803938
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 29, 2008
Notice issued July 23, 2008.
TCEQ Internal Control No. 05152008-D01; LP Woodland Lakes Estates, Ltd (Petitioner) filed a petition for creation of Harris County Municipal Utility District No. 518 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land, consisting of three tracts, to be included in the proposed District; (2) there are four lien holders, Gita Susan Reddy, Gautham Reddy, Ashoka Reddy, and Capital Farm Credit, FLCA, on the property to be included in the proposed District; (3) the proposed District will contain approximately 450.372 acres located in Harris County, Texas; and (4) most of the land within the proposed District is within the corporate limits of the City of Houston, Texas (City) and a small portion is within the extraterritorial jurisdiction of the City. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $22,790,000.
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-200803960
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 30, 2008
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 (TWC), §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 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 8, 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 8, 2008. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: Alfonso Garza Jr., Trustee of the Alfonso Garza Testamentary Trust and Emma G. Garza; DOCKET NUMBER: 2007-1276-MSW-E; TCEQ ID NUMBER: RN105237036; LOCATION: 1.8 miles North of the intersection of Iowa Road and 7 Mile Line Road, La Joya, Hildago County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §330.115( a), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $1,000; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(2) COMPANY: Texas Mexican Railway Company; DOCKET NUMBER: 2004-0711-MSW-E; TCEQ ID NUMBER: RN104192182; LOCATION: one mile North of the intersection of Highway 359 and J. C. Perez Road on the east side of J. C. Perez Road, Oilton, Webb County, Texas; TYPE OF FACILITY: railway operation which generated municipal solid waste which was disposed of at unauthorized landfill; RULES VIOLATED: 30 TAC §330.15 (formally 30 TAC §330.5), by generating municipal solid waste from its railway operations which was disposed of in an unauthorized landfill on May 18, 1997, August 6, 1997, August 21 - 23, 1997, May 17, 1999, May 20, 1999, June 9, 1999, May 2, 2001, May 16, 2001, and May 17, 2001; PENALTY: $22,000; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
TRD-200803949
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 29, 2008
For the Period of July 28, 2008.
NOTICE OF MINOR AMENDMENT RADIOACTIVE MATERIAL LICENSE NO. R04971. Waste Control Specialists LLC, 1 mile north of S.H. 176 at NW9998 on State Line Road, Andrews, Texas, has applied to the Texas Commission on Environmental Quality (TCEQ) for an amendment of Radioactive Material License No. R04971. Radioactive Material License No. R04971 authorizes radioactive waste processing and storage. The amendment application requests approval for: (1) modifications to their facility and procedures to ensure that liquids discharged from the chemistry laboratory operations are directed into a new dedicated laboratory sump system or into containers within the laboratory to prevent discharges of contaminated water into the environment and (2) for a new ventilation system for the mixed waste treatment facility (MWTF).
The TCEQ Executive Director has completed the technical review of the amendment request and prepared an amended draft license. The draft license: (1) authorizes modifications to their facility and procedures to ensure that liquids discharged from the chemistry laboratory operations are directed into a new dedicated laboratory sump system or into containers within the laboratory to prevent discharges of contaminated water into the environment, (2) authorizes a new ventilation system for the MWTF, (3) removes authorization for all sealed sources used for calibration purposes since these are licensed by the Department of State Health Services (DSHS), (4) removes authorization for sealed source leak testing since this activity is licensed by the DSHS, (5) removes authorization for calibrating radiation detectors since this activity is licensed by the DSHS, (6) changes the site name from site 000 to the regulated entity number, and (7) changes the regulated entity number from RN104392790 to RN101702439 to correct an error.
The license amendment request, the Executive Director's technical summary, and amended draft license are available for viewing and copying at the TCEQ's central office in Austin, Texas and at the Andrews County Library located at 109 Northwest First Street in Andrews, Texas.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ holds a public meeting if the Executive Director determines that there is a significant degree of public interest in the application. A public meeting is not a contested case hearing. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material or significant public comments.
EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the minor amendment after consideration of all timely comments submitted on the application.
MAILING LIST. If you submit public comments, you will be added to the mailing list for this specific license to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and license number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below. All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 10 days from the date this notice is published in the Texas Register which should be on or about August 8, 2008.
AGENCY CONTACTS AND INFORMATION. If you need more information about this license application or the licensing process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.
Further information may also be obtained from Waste Control Specialists LLC at Three Lincoln Center, 5430 LBJ Freeway, Suite 1700, Dallas, TX 75240 or by contacting Mr. Tim Greene at (888) 789-2783.
Further information may also be obtained from Waste Control Specialists, LLC at P.O. Box 1129, Andrews, TX 79714 or by calling Mr. Tom Jones, Vice-President of Community Relations at (432) 523-4444.
TRD-200803961
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 30, 2008
The following notices were issued during the period of July 17, 2008 through July 28, 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
AIR LIQUIDE LARGE INDUSTRIES US LP which operates Nederland Air Separation Unit, a cryogenic air separation plant, has applied for a major amendment to TPDES Permit No. WQ0001595000 to authorize the addition of a new outfall (proposed Outfall 002) to the Neches River; establish new permit limits for proposed Outfall 002; and reduce monitoring frequency for Total Suspended Solids and Chemical Oxygen Demand. The current permit authorizes the discharge of treated cooling tower blowdown, filter backwash water, flood drains (i.e., incidental oil/water from equipment within the compressor building and storm water from the process equipment near the compressor building) and miscellaneous equipment cooling water at a daily average flow not to exceed 175,000 gallons per day via Outfall 001. The facility is located on State Highway 347 south of Beaumont, Texas, on the north side of the road at a point approximately three miles south of the intersection of State Highway 347 and U.S. Highway 287, Jefferson County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
BEST SEA PACK OF TEXAS INC. which operates Best Sea-Pack of Texas Facility, a shrimp processing plant, has applied for a renewal of TPDES Permit No. WQ0003116000, which authorizes the discharge of process wastewater, previously monitored effluent (treated domestic wastewater), and storm water at a daily average flow not to exceed 260,000 gallons per day via Outfall 001. The facility is located on County Road 171 approximately 1.6 miles west of the intersection of County Roads 171 and 203, northeast of the City of Danbury, Brazoria County, Texas.
CHEMICALS INCORPORATED which operates the Hatcherville Plant, an organic chemical manufacturing and processing facility, has applied for a renewal of TPDES Permit No. WQ0003713000, which authorizes the discharge of steam condensate, once-through cooling water, cooling tower blowdown, boiler blowdown, and treated storm water at a daily maximum flow not to exceed 200,000 gallons per day via Outfall 001. The facility is located adjacent to the west side of Hatcherville Road, approximately 1400 feet north of the intersection of Farm-to-Market Road 1942 and Hatcherville Road, approximately two miles west of the City of Mont Belvieu, Chambers County, Texas.
CITY OF TAYLOR LANDING has applied to the TCEQ for a renewal of TPDES Permit No. WQ0011107001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 52,000 gallons per day. The facility is located on Taylors Cove in the City of Taylor Landing, approximately 2 miles north of State Highway 73 and 6 miles west of the City of Port Arthur in Jefferson County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 23 has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0011999001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,800,000 gallons per day. The facility is located at 1578 Rabb Road approximately 1.4 miles west of the intersection with Farm-to-Market Road 521, north of Arcola, in Fort Bend County, Texas.
GE PACKAGED POWER INC. has applied for a major amendment to TPDES Permit No. WQ0013365001 to authorize the construction of a new wastewater treatment facility to replace the existing facility at a daily average flow not to exceed 50,000 gallons per day. The facility is located at 16415 Jacintoport Boulevard in Harris County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
GEORGIA GULF CHEMICALS AND VINYLS LLC which operates the Pasadena Plant, an organic chemical manufacturing plant that produces cumene, phenol, and acetone as its primary products, has applied for a renewal of TPDES Permit No. WQ0002067000 which authorizes the discharge of cooling tower blowdown, boiler blowdown, steam system blowdown, and storm water at a daily maximum flow not to exceed 320,000 gallons per day via current Outfall 001; cooling tower blowdown, boiler blowdown, steam system blowdown, and storm water at a daily maximum dry weather flow not to exceed 320,000 gallons per day via new Outfall 001 (upon commingling of Outfalls 001, 002, and 003); storm water on an intermittent and flow variable basis via Outfall 002; storm water from the dock area on an intermittent and flow variable basis via Outfall 003; treated process wastewater, utility waters, and treated domestic sewage at a daily average flow not to exceed 450,000 gallons per day via Outfall 004; cooling tower blowdown, steam condensate, and storm water from a lay-down yard at a daily maximum dry weather flow not to exceed 500,000 gallons per day via Outfall 005; and storm water on an intermittent and flow variable basis via Outfall 006. The facility is located at 3503 Pasadena Freeway, on the south bank of the Houston Ship Channel, approximately 7,500 feet north of State Highway 225 in the City of Pasadena, Harris County, Texas.
GULF WEST LANDFILL TX LP which operates an industrial solid waste landfill, has applied for a renewal of TPDES Permit No. WQ0003064000, which authorizes the discharge of storm water on an intermittent and variable basis. The facility is located at 2601 South Jenkins Road, approximately 2.4 miles south of Interstate Highway 10, Chambers County, Texas.
HANSON AGGREGATES CENTRAL INC. which operates The Woodlands Plant, has applied for a major amendment to TPDES Permit No. WQ0002502000 to authorize removal of Outfall 001, reconfiguration of the wastewater treatment flows, and expansion of the facility boundary to encompass a new dredging site authorized via a U.S. Army Corps of Engineer's permit (Corps Permit No. 20661(01)). The current permit authorizes the discharge of process wastewater, groundwater, and storm water via Outfall 001 and Outfall 002. The facility is located at 12541 Sleepy Hollow Road, three and one-half miles east of Interstate Highway 45, and approximately seven miles south of the City of Conroe, Montgomery County, Texas.
KINGSLAND MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011549001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located at 100 Ingram Street, at the intersection of Ingram Street and Reynolds Street, south of the Southern Pacific Railroad and approximately 2,000 feet west of the confluence of the Colorado River and Llano River arms of Lake Lyndon B. Johnson in the City of Kingsland in Llano County, Texas.
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 42 has applied for a renewal of TPDES Permit No. WQ0011963001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located on the east bank of West Fork San Jacinto River, approximately 3,000 feet northwest of the intersection of LaSalle Avenue and State Highway 105 in Montgomery County, Texas.
THE LUBRIZOL CORPORATION which operates a plant manufacturing additives for lubricating oils, grease, and fuels (SIC 2869), has applied for a renewal of TPDES Permit No. WQ0002594000, which authorizes the discharge of storm water associated with industrial activity on an intermittent and flow variable basis via Outfall 001. The facility is located at 41 Tidal Road in Deer Park, Harris County, Texas.
TOTAL PETROCHEMICALS USA INC. which operates a polypropylene manufacturing plant, has applied for a major amendment to TPDES Permit No. WQ0001000000 to increase the permitted daily average flow at Outfall 001 to 1,700,000 gallons per day, increase the permitted daily maximum flow at Outfall 001 to 5,730,000 gallons per day, and increase the effluent limitations for all parameters at Outfall 001 (based on increased production/flow). The current permit authorizes the discharge of process wastewater, utility wastewater, domestic wastewater and storm water at a daily average flow not to exceed 900,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located on State Highway 134 (Battleground Road) approximately 1.6 miles south of the San Jacinto Monument, in the City of Deer Park, Harris County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
US STEEL TUBULAR PRODUCTS INC. which operates U.S. Steel Tubular Products, Inc., has applied for a major amendment to TPDES Permit No. WQ0003540000 to authorize the removal of aluminum limits from the permit, to increase the flow rate at internal outfall 101 from a daily average flow not to exceed 6,000 gallons per day to a daily average flow not to exceed 18,000 gallons per day and from a daily maximum flow not to exceed 7,500 gallons per day to a daily maximum flow not to exceed 22,500 gallons per day; reroute the flow from internal outfall 101 to Outfall 002; and to remove Outfalls 003, 004, 005, and 006 and authorize the discharges from these outfalls under the Multi-Sector General Permit for storm water (TPDES No. TXR050000) and the Hydrostatic Test Water General Permit (TPDES No. TXG670000); the removal of total silver limits at Outfall 005; and the revision of total copper and total cyanide final effluent limits at Outfall 001. The current permit authorizes the discharge of cooling tower wastewater, hydrostatic test water, vehicle wash water, storm water, and previously monitored effluent on an intermittent and flow variable basis via Outfall 001; hydrostatic test water and storm water on an intermittent and flow variable basis via Outfall 002; hydrostatic test water and storm water on an intermittent and flow variable basis via Outfall 003; hydrostatic test water, wash water, and storm water on an intermittent and flow variable basis via Outfall 004; process wastewater, hydrostatic test water and storm water on an intermittent and flow variable basis via Outfall 005; and hydrostatic test water and storm water on an intermittent and flow variable basis via Outfall 006. The facility is located at 9393 Sheldon Road, at the intersection of Sheldon Road and U.S. Highway 90, approximately four miles north of the City of Channelview, Harris 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-200803958
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 30, 2008
Notices issued July 23, 2008.
APPLICATION NO. 12331; Golden Pass Pipeline LLC, Applicant, P.O. Box 4876, Houston, Texas 77210-4876, has applied for a Temporary Water Use Permit to divert and use not to exceed 15 acre-feet of water within a two-year period from Hillebrandt Bayou, Neches-Trinity Coastal Basin, for industrial purposes in Jefferson County, Texas. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on June 2, 2008. Additional information and fees were received on July 8, 2008. The application was declared administratively complete and accepted for filing on July 8, 2008. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by August 13, 2008. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by August 13, 2008. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed by August 13, 2008.
APPLICATION NO. 12332; Golden Pass Pipeline LLC, Applicant, P.O. Box 4876, Houston, Texas 77210-4876, has applied for a Temporary Water Use Permit to divert and use not to exceed 20 acre-feet of water within a two-year period from the Neches River, Neches River Basin, for industrial purposes (hydrostatic testing) in Orange County, Texas. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on June 2, 2008. Additional information and fees were received on July 8, 2008. The application was declared administratively complete and accepted for filing on July 8, 2008. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by August 13, 2008. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by August 13, 2008. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed by August 13, 2008.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment, and is not a contested case hearing.
The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting should be submitted to 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-200803959
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 30, 2008
Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Douglas at (512) 463-5800 or (800) 325-8506.
Deadline: 30-Day Pre-Election Report due February 4, 2008
Rogelio Martinez, Hidalgo County Republican Party (CEC), 1305 Fullerton Ave., McAllen, Texas 78504-5748
Lloyd Wayne Oliver, P.O. Box 271503, Houston, Texas 77277-1503
Deadline: 8-Day Pre-Election Report due February 25, 2008
Rogelio Martinez, Hidalgo County Republican Party (CEC), 1305 Fullerton Ave., McAllen, Texas 78504-5748
David White, Texas Psychology PAC, P.O. Box 1945, Manchaca, Texas 78652-1945
Donald J. Wooten, 10840 Vista Lomas Dr., El Paso, Texas 79935-3704
Deadline: Lobby Activities Report due April 10, 2008
Joel Romo, P.O. Box 15186, Austin, Texas 78761-5186
Deadline: Personal Financial Statement due February 11, 2008
Susan Delgado, 2284 Jean St., Houston, Texas 77023-5009
Albert Edwards, 3108 S. MacGregor Way, Houston, Texas 77021-1103
Tracy S. Fleming, 7939 Chateau Point Lane, Houston, Texas 77041-1244
Robert H. Mendoza, 664 Eastwood Dr., Brownsville, Texas 30399
Joe A. Montemayor, P.O. Box 3462, Crosby, Texas 77532-2462
Deadline: Personal Financial Statement due April 30, 2008
Joaquin Rodriguez, 1570 Hillcrest St., Eagle Pass, Texas 78852
TRD-200803775
David Reisman
Executive Director
Texas Ethics Commission
Filed: July 23, 2008
Texas Small Business Industrial Development Corporation Application
The Office of the Governor, Economic Development and Tourism Division (Office) hereby gives notice that the Office is accepting applications for qualified brokers interested in being authorized to engage in investment transactions with the Texas Small Business Industrial Development Corporation's Texas Industry Development Revolving Loan program under Government Code 2256 Public Funds Investment Act.
Interested brokers must submit the following information to the Office of the Governor, Economic Development and Tourism Division; Attn: Texas Industry Development Program at P.O. Box 12428, Austin, Texas 78711, or at 221 East 11th Street, Austin, 4th Floor, Texas 78701:
(1) name, address, telephone number, and contact person for the dealer;
(2) proof that the dealer is registered in Texas through the National Association of Securities Dealers, Texas State Securities Board or the Comptroller of the currency;
(3) documentation regarding whether the dealer is a Historically Underutilized Business (HUB).
The deadline for submittals is September 5, 2008 at 5:00 p.m.
For additional information please contact Donna Weinberger-Rourke with The Office of the Governor Economic Development and Tourism Division at (512) 936-6443.
TRD-200803989
Michael Bryant
General Counsel - Legal Division
Office of the Governor, Economic Development and Tourism Division
Filed: July 30, 2008
Notice of Public Hearing on Proposed Medicaid Payment Fees for Physician-Administered Drugs and Biologicals
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on August 25, 2008, at 1:30 p.m., to receive public comment on 440 proposed Medicaid payment rates for physician-administered drugs and biologicals.
The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.
Proposal. The fees for the physician-administered drugs and biologicals procedure codes are proposed to be effective October 1, 2008.
Methodology and justification. The proposed payment fees were calculated in accordance with 1 TAC §355.8085, which addresses the Texas Medicaid Reimbursement Methodology for physicians and certain other practitioners.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after August 11, 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.
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 prior, so appropriate arrangements can be made.
TRD-200803957
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 30, 2008
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on August 25, 2008 at 1:30 p.m. to receive public comment on 10 proposed Medicaid payment rates for durable medical equipment (DME) covering the Augmentive Communication Devices. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.
Proposal. The rates for the 10 Augmentive Communication Device procedure codes that will have a proposed effective date of October 1, 2008.
Methodology and justification. The proposed payment rates were 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 rates will be available on or after August 11, 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.
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-200803954
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 30, 2008
The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 06-006, Amendment Number 726, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
The purpose of this amendment is to add Private Duty Nursing to the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) services in the Medicaid State Plan. The proposed amendment is effective January 1, 2006.
The proposed amendment is estimated to result in no federal or state fiscal impact.
Interested parties may obtain copies of the proposed amendment by contacting Tamela Griffin by mail at Texas Health and Human Services Commission, P.O. Box 85200, H-370, Austin, Texas 78708-5200; by telephone at (512) 491-1341; by facsimile at (512) 491-1953; or by e-mail at Tamela.Griffin@hhsc.state.tx.us.
TRD-200803792
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 25, 2008
Designation of Bruton Road Family Medical Clinic as a Site Serving Medically Underserved Populations
The Department of State Health Services (department) is required under the Occupations Code, §157.052, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.
Accordingly, the department has proposed designating the following as a site serving medically underserved populations: Bruton Road Family Medical Clinic, 9709 Bruton Road, Dallas, Texas 75217. The designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs.
Oral and written comments on this designation may be directed to Brian King, Program Director, Health Professions Resource Center - MC 1898, Center for Health Statistics, Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.
TRD-200803901
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: July 28, 2008
The Department of State Health Services (department) is required under the Occupations Code, §157.052, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.
Accordingly, the department has proposed designating the following as a site serving medically underserved populations: Family Medical Clinic of South Irving, 1111 Irving Heights, Irving, Texas 75060. The designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs.
Oral and written comments on this designation may be directed to Brian King, Program Director, Health Professions Resource Center - MC 1898, Center for Health Statistics, Texas Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.
TRD-200803903
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: July 28, 2008
The Department of State Health Services (department) is required under the Occupations Code, §157.052, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.
Accordingly, the department has proposed designating the following as a site serving medically underserved populations: Northeast Dallas Family Medical Clinic, 2636 Walnut Street, Garland, Texas 75042. The designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs.
Oral and written comments on this designation may be directed to Brian King, Program Director, Health Professions Resource Center - MC 1898, Center for Health Statistics, Texas Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.
TRD-200803902
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: July 28, 2008
The Department of State Health Services (department) is required under the Occupations Code, §157.052, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.
Accordingly, the department has proposed designating the following as a site serving medically underserved populations: Northwest Dallas Family Medical Clinic, 4333 Maple Avenue, Dallas, Texas 75219. The designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs.
Oral and written comments on this designation may be directed to Brian King, Program Director, Health Professions Resource Center - MC 1898, Center for Health Statistics, Texas Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.
TRD-200803904
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: July 28, 2008
TRD-200803784
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: July 25, 2008
Application to change the name of CONSECO SENIOR HEALTH INSURANCE COMPANY to SENIOR HEALTH INSURANCE COMPANY OF PENNSYLVANIA, a life, accident and/or health company. The home office is in Bensalem, Pennsylvania.
Application for admission to the State of Texas by PRIVILEGE UNDERWRITERS RECIPROCAL EXCHANGE, a foreign fire and/or casualty company. The home office is in Ft. Lauderdale, Florida.
Application for incorporation in the State of Texas by STAR OF TEXAS TITLE INSURANCE, a domestic title company. The home office is in Austin, Texas.
Application for incorporation in the State of Texas by TEXAS STAR TITLE INSURANCE, a domestic title company. The home office is in Austin, Texas.
Application for admission to the State of Texas by SOUTHWEST MARINE AND GENERAL INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Phoenix, Arizona.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of this Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200803980
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 30, 2008
The Texas Department of Insurance proposed amendments to 28 TAC §§3.3821, 3.3826, 3.3829, 3.3830, 3.3833, 3.3834, 3.3837 - 3.3839, 3.3842, 3.3844, 3.3846, 3.3848 and 3.3849 in the July 18, 2008, issue of the Texas Register (33 TexReg 5676). Due to an error in the submitted document, rule language was omitted from §3.3842(j) on page 5681, second column, last paragraph. As published, the last line reads: "...the following specifies the Suitability Letter requirements and procedures apply:". As corrected, the final sentence of subsection (j) reads as follows:
"If the issuer elects to send the applicant a Suitability Letter to comply with the requirements of this subsection, the following specifies the Suitability Letter and the requirements and procedures that apply:"
TRD-200803898
The Texas Department of Insurance proposed amendments to 28 TAC §§5.6403, 5.6405, 5.6408, and 5.6411 and new §§5.6401, 5.6402, 5.6404, 5.6409, 5.6412, and 5.6413, concerning Property and Casualty Insurance, in the July 25, 2008, issue of the Texas Register (33 TexReg 5836).
The Department's submission omitted the term "Labor Code" from the Cross Reference to Statute, the last paragraph in the preamble on page 5855. The sentence should read as follows:
"The following statutes are affected by this proposal: Labor Code §§407A.001...."
In §5.6412(a), Operational Review Plan, on page 5858, first column, the word "relating" is misspelled. The subsection should read as follows:
" (a) A group shall annually adopt an operational review plan that provides for sufficient oversight of any person who has entered into a written agreement pursuant to §5.6411(a) or (b) of this division (relating to Contract Provisions). The group may modify the operational review plan at any time in order to meet the group's needs."
TRD-200803990
Instant Game Number 1109 "Cherry Doubler"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1109 is "CHERRY DOUBLER". The play style is "slots-straight line".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1109 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 1109.
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: APPLE SYMBOL, ORANGE SYMBOL, MELON SYMBOL, BANANA SYMBOL, STAR SYMBOL, LEMON SYMBOL, BELL SYMBOL, HORSESHOE SYMBOL, CLOVER SYMBOL, GOLD BAR SYMBOL, SEVEN SYMBOL, WISHBONE SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, PINEAPPLE SYMBOL, CHERRY SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 and $1,000.
D. Play Symbol Caption - the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 1109 - 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 $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00 or $100.
H. High-Tier Prize - A prize of $1,000.
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 (1109), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1109-0000001-001.
K. Pack - A pack of "CHERRY DOUBLER" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.
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 "CHERRY DOUBLER" Instant Game No. 1109 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 "CHERRY DOUBLER" Instant Game is determined once the latex on the ticket is scratched off to expose 16 (sixteen) play symbols. If a player reveals three (3) matching symbols within a GAME, the player wins the PRIZE shown for that GAME. If the player reveals a cherry symbol, 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 16 (sixteen) 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 16 (sixteen) 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 16 (sixteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 16 (sixteen) 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. No duplicate non-winning prize symbols on a ticket.
C. No duplicate non-winning games on a ticket (in any order).
D. Non-winning prize symbols will never be the same as the winning prize symbol(s).
E. The CHERRY (doubler) play symbol will only appear once within a game.
F. The CHERRY (doubler) play symbol will only appear as dictated by the prize structure.
G. There will be many near wins (two matching symbols within a game) on a ticket.
H. The top prize will appear on every ticket unless otherwise restricted by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "CHERRY DOUBLER" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $100, 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 or $100 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 "CHERRY DOUBLER" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "CHERRY DOUBLER" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "CHERRY DOUBLER" 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 "CHERRY DOUBLER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 11,040,000 tickets in the Instant Game No. 1109. The approximate number and value of prizes in the game are as follows:
Figure 2: 16 TAC GAME NO. 1109 - 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. 1109 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. 1109, 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-200803785
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 25, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1111 is "MONSTER MONEY". The play style is "key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1111 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1111.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, PUMPKIN SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $1,000 and $20,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 1111 - 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 $2.00, $4.00, $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00 or $100.
H. High-Tier Prize - A prize of $1,000 or $20,000.
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 (1111), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1111-0000001-001.
K. Pack - A pack of "MONSTER MONEY" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B, C and D configuration.
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 "MONSTER MONEY" Instant Game No. 1111 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 "MONSTER MONEY" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either WINNING NUMBER play symbol, the player wins the PRIZE shown for that number. If a player reveals a "PUMPKIN" play symbol, the player wins DOUBLE the PRIZE shown for that symbol. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The "PUMPKIN" (doubler) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. No more than two (2) matching non-winning prize symbols will appear on a ticket.
D. No duplicate WINNING NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
H. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "MONSTER MONEY" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $100, 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 or $100 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 "MONSTER MONEY" Instant Game prize of $1,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "MONSTER MONEY" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "MONSTER MONEY" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "MONSTER MONEY" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1111. The approximate number and value of prizes in the game are as follows:
Figure 2: 16 TAC GAME NO. 1111 - 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. 1111 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. 1111, 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-200803786
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 25, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1112 is "CASH VAULT". The play style is "key number match with doubler and win all".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1112 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1112.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, COIN SYMBOL, MONEY STACK SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $200, $2,000 and $50,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 1112 - 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 $5.00, $10.00, $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $200.
H. High-Tier Prize - A prize of $2,000 or $50,000.
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 (1112), 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: 1112-0000001-001.
K. Pack - A pack of "CASH VAULT" 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.
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 "CASH VAULT" Instant Game No. 1112 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "CASH VAULT" 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 VAULT NUMBERS play symbols, the player wins the PRIZE shown for that number. If the player reveals a "coin" play symbol, the player wins DOUBLE the PRIZE shown for that symbol. If the player reveals a "money stack" play symbol, the player wins ALL TWENTY PRIZES INSTANTLY! No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 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;
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 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.
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. The "COIN" (doubler) and "MONEY STACK" (win all) play symbols will only appear on intended winning tickets and only as dictated by the prize structure.
C. No four or more matching non-winning prize symbols on a ticket.
D. No duplicate VAULT NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. When the "MONEY STACK" (win all) play symbol appears, there will be no occurrence of any of YOUR NUMBERS play symbols matching any VAULT NUMBER play symbol.
H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
I. The top prize will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "CASH VAULT" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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 $25.00, $50.00, $100 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "CASH VAULT" Instant Game prize of $2,000 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 "CASH VAULT" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "CASH VAULT" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "CASH VAULT" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1112. The approximate number and value of prizes in the game are as follows:
Figure 2: 16 TAC GAME NO. 1112 - 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. 1112 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. 1112, 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-200803908
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 28, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1113 is "WILD 7'S". The play style for this game is "row/column/diagonal".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1113 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 1113.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8 and 9.
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. 1113 - 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 $1.00, $2.00, $3.00, $7.00 or $17.00.
G. Mid-Tier Prize - A prize of $57.00 or $177.
H. High-Tier Prize - A prize of $1,000.
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 (1113), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1113-0000001-001.
K. Pack - A pack of "WILD 7'S" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.
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 "WILD 7'S" Instant Game No. 1113 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "WILD 7'S" Instant Game is determined once the latex on the ticket is scratched off to expose 9 (nine) Play Symbols. If a player reveals three (3) 7's play symbols in any one row, column or diagonal, the player wins prize. 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 9 (nine) 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 9 (nine) 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 9 (nine) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 9 (nine) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. There will be only one occurrence of three "7" play symbols appearing in a row, column or diagonal on winning tickets as dictated by the prize structure.
C. There will not be three or more of any other number on any ticket except for the "7" play symbol.
D. There will be no less than four "7" play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "WILD 7'S" Instant Game prize of $1.00, $2.00, $3.00, $7.00, $17.00, $57.00 or $177, 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 $57.00 or $177 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "WILD 7'S" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "WILD 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;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "WILD 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 "WILD 7'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 1113. The approximate number and value of prizes in the game are as follows:
Figure 2: 16 TAC GAME NO. 1113 - 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. 1113 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. 1113, 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-200803787
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 25, 2008
Pre-Disaster Mitigation and Repetitive Flood Claims Grant Program for Fiscal Year 2009
The Pre-Disaster Mitigation (PDM) Program provides grant funding for mitigation planning and the implementation of cost effective mitigation projects addressing natural hazards. Eligible applicants are state agencies, local jurisdictions that are participating in the National Flood Insurance Program (NFIP), recognized Indian Tribal governments, state supported colleges/universities, and Councils of Governments. Private non-profit agencies are not themselves eligible but may be able to find a local government entity to apply on their behalf. All eligible applicants applying for projects other than planning grants must have a FEMA-approved Mitigation Action Plan in accordance with the 44 CFR Part 201.6.
The Repetitive Flood Claims (RFC) Program addresses current NFIP insured properties with repetitive losses. Eligible projects could include elevations and acquisitions of these NFIP properties. Eligible applicants would be state level agencies, federally recognized Indian Tribal governments and local governments participating in the NFIP. A Mitigation Action Plan is not required for the applicants of the RFC grant program.
Applying for RFC and PDM is a two-phase process. Complete instructions are available on the Governor’s Division of Emergency Management website: http://www.txdps.state.tx.us/dem/pages/index.htm.
Phase one is requesting access into the e-grants system. The state deadline for phase one is August 29, 2008.
Phase two is using the e-grants system to submit your application to the State.
The deadline for submitting an RFC application is October 31, 2008.
The deadline for submitting a PDM application is November 14, 2008.
The federal Fiscal Year (FY) 2009 Hazard Mitigation Assistance (HMA) Program Guidance for PDM and RFC has been released announcing the opening of both grants. The complete Unified HMA guidance document for both PDM and RFC is available at: http://www.fema.gov/library/viewRecord.do?id=3309, select Resource File and the view/ download/ print option.
TRD-200803953
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: July 30, 2008
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on July 23, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Rapid Acquisition Co., LLC for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35918 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the cities of Abernathy, Anton, Hemphill, Idalo, Ladonia, Ore, Spur, Sudan, Earth, Friona, Hart, Knox City, Naples, and Olton, Texas, as well as the towns of Matador and Mertzon.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35918.
TRD-200803940
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 29, 2008
The Public Utility Commission of Texas received an application on July 23, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Rapid Acquisition, LLC for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35919 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the cities of Comanche, Goliad, Hondo, Natalia, Point, and Rule, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35919.
TRD-200803941
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 29, 2008
The Public Utility Commission of Texas received an application on July 22, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Coastal-Link Communications, LLC for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35906.
The requested amended CFA service area includes the area within the municipal boundary of Jones Creek and for unincorporated areas of Brazoria County described on the maps submitted with the application as follows: the unincorporated area of Brazoria County, Texas, East of Jones Creek on Highway 36 including Hagerman, Hanley, Exline, and Smith roads indicated as line and hatch mark; the unincorporated area West of Jones Creek along Highway 36 from Bluebonnet to west of 393, indicated by line and hatch mark; the unincorporated area West of Jones Creek on Highway 36, from 293 to approximately one mile west of 2004 as marked by line and hatch mark; the unincorporated area West of Jones Creek, from Highway 36 southward on 2611 to 311 and to 496 west, as indicated by line and hatch mark; the unincorporated area West of Jones Creek, from Highway 36 southward on 2611 to 659 west, as indicated by line and hatch mark; and the unincorporated area West of Jones Creek from Highway 36 south on 2611 to 659 east, as indicated by line and hatch mark.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35906.
TRD-200803882
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 22, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Wholesale Carrier Services, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 35909 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 13, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35909.
TRD-200803884
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 23, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of One Source Networks CLEC, LLC for a Service Provider Certificate of Operating Authority, Docket Number 35914 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN,HDSL, SDSL,VDSL, Optical Services, T1-Private Line, Frame Relay, Fractional T1, long distance and Ethernet services.
Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company d/b/a AT&T Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 13, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35914.
TRD-200803886
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 23, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Big River Telephone Company, LLC for a Service Provider Certificate of Operating Authority, Docket Number 35920 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service and long distance services.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 13, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35920.
TRD-200803889
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas an application on July 23, 2008, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of two growth blocks in the Allen rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 35915.
The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 13, 2008. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35915.
TRD-200803887
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on July 23, 2008, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of one thousand block of numbers in the Barker rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 35916.
The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 13, 2008. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35916.
TRD-200803888
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 22, 2008, for an amendment to certificated service area boundaries within Guadalupe, Texas.
Docket Style and Number: Application of Guadalupe Valley Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Guadalupe County. Docket Number 35908.
The Application: Guadalupe Valley Electric Cooperative, Inc. (GVEC) seeks an amendment to certificated service area boundaries concerning the Pecan Crossing Subdivision and the South Bank Subdivision. The proposed Pecan Crossing Subdivision is currently divided by the existing service territory boundary between GVEC and New Braunfels Utilities (NBU) in such a way that divides individual lots located within the subdivision. The proposed boundary will clearly determine boundary lines that follow property lines and streets in the subdivision. The existing South Bank Subdivision is located in NBU's service territory, however, is currently being served by GVEC. This application seeks to formalize the existing arrangement between NBU and GVEC in which GVEC has been providing service to this portion of the South Bank Subdivision.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than August 15, 2008 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35908.
TRD-200803883
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 22, 2008, for an amendment to certificated service area boundaries within Williamson and Travis Counties, Texas.
Docket Style and Number: Joint Application of Pedernales Electric Cooperative, Inc. and City of Austin, d/b/a Austin Energy to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Williamson and Travis Counties. Docket Number 35912.
The Application: Pedernales Electric Cooperative, Inc. (PEC) and the City of Austin, d/b/a Austin Energy (AE) seek an amendment to certificated service area boundaries concerning two developments. Waterstone Development has requested that AE release a portion of its electric service territory to PEC for Waterstone's development of Pearson Place in Avery Ranch. In addition, the Austin Diocese has requested that AE release a portion of its service territory to PEC for the expansion of the St. Dominic Savio Catholic High School at 9400 Neenah. AE and PEC are in agreement with these amendments.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than August 15, 2008 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35912.
TRD-200803885
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2008
The Public Utility Commission of Texas (commission) has initiated a project to review its rules relating to the target for non-wind renewable energy resources that is set out in Public Utility Regulatory Act §39.904(a). Project No. 35792, Rulemaking Relating to Goal for Renewable Energy, has been established for this proceeding. The commission requests that interested persons file comments in response to the following questions:
1. Are additional measures for the support of non-wind renewable generation necessary and appropriate in order to achieve 500 megawatts of non-wind renewable generation in Texas by 2015?
2. What level of support for non-wind renewable generation would needed in order to achieve 500 megawatts of non-wind renewable generation in Texas by 2015?
3. Which measures would be most cost-effective in providing inducement for the development of additional non-wind renewable generation?
4. (a) Does the commission have the authority to adopt additional measures for the support of non-wind renewable generation, in order to achieve 500 megawatts of non-wind renewable generation in Texas by 2015?
(b) In particular, does the commission have the authority to adopt a requirement for retail electric providers to retire non-wind Renewable Energy Credits (RECs) that are distinct from the existing RECs?
5. (a) Should the commission adopt measures for the support of specific non-wind renewable generation technologies?
(b) For which technologies should additional support measures be adopted?
(c) What measures should be adopted?
(d) What target levels of development should be established?
(e) What would the cost of such measures be?
Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 31 days of the date of publication of this notice. All responses should reference Project Number 35792.
Questions concerning this notice should be referred to Jess Totten, Competitive Markets Division, at (512) 936-7235. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200803876
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2008
Notice of Horsemen's Organization Registration Deadline
The Executive Director for the Texas Racing Commission has established August 28, 2008 as the deadline for filing a request for recognition as the horsemen's representative organization. The Texas Racing Act, Vernon's Ann. Civ. St. art. 179e, §3.13, authorizes the Commission to recognize an organization to represent members of a segment of the racing industry, including owners, breeders, trainers, kennel operators, or other persons involved in the racing industry.
In 16 TAC §309.299, the Commission has adopted criteria for being recognized as an organization to represent horse owners and trainers. To be eligible for recognition as a horsemen's representative organization, each officer and director of the organization during the two-year term of the recognition must be licensed by the Commission as an owner or trainer. Other recognition criteria include the experience and qualifications of the organization's directors, executive officers, and management personnel, the organization's benevolence programs, and the degree to which the organization's membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state.
An organization recognized under 16 TAC §309.299 has a variety of responsibilities, including negotiation with licensed racetracks regarding the racetracks' live racing programs. The organization is subject to audit by the Texas Racing Commission.
To request recognition, an organization must file a written request on a form prescribed by the Executive Director. To obtain a copy of the form or for more information, interested persons should contact Mark Fenner, General Counsel, Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080, Phone: (512) 833-6699, Fax: (512) 833-6907.
TRD-200803777
Mark Fenner
General Counsel
Texas Racing Commission
Filed: July 23, 2008
Notice of Application for Designation as a "Texas Star Builder"
The commission adopted rules regarding the procedures for designation as a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant to §416.011, Property Code (Act effective Sept. 1, 2003), which provides that the commission shall establish rules and procedures through which a builder can be designated as a "Texas Star Builder." The commission rules for application for designation can be found on the commission's website at www.trcc.state.tx.us.
10 TAC §303.300(i)(2) requires the commission to publish in the Texas Register notice of the application of each person seeking to become designated as a "Texas Star Builder" registered under this subchapter. The commission will accept public comment on each application for twenty-one (21) days after the date of publication of the notice. Information provided in response to this notice will be utilized in evaluating the applicants for approval. The Texas Star Builder designation requires that a builder or remodeler demonstrate that its education, experience and commitment to professionalism sets the builder or remodeler apart from its peers and offers some assurance to its customers that its quality of service and construction will be above average.
Pursuant to 10 TAC §303.300(i)(2) the commission hereby notices the application(s) for designation as a "Texas Star Builder" of:
Sterling Oak Builders, Inc., 1 Chapel Court, North Richland Hills, Texas 76180. Sterling Oak Builders, Inc. holds TRCC builder registration #1092. The applicant's registered agent is Gary Schector.
James W. Turner Construction, Ltd., 14215 Mary Jane Lane, Tomball, Texas 77377. James W. Turner Construction, Ltd. holds TRCC builder registration #1525. The applicant's registered agent is James Turner.
Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, The Texas Residential Construction Commission, P.O. Box 13509, Austin, Texas 78711-3509. Comments regarding this application will be accepted for twenty-one days following the date of publication of this notice in the Texas Register . Thereafter, the comments will not be considered as timely filed.
TRD-200803778
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: July 23, 2008
Notice of Funding Availability for Voting Access for Individuals with Disabilities Grant Program
Introduction:
The Texas Secretary of State (SOS) announced the availability of federal funds for counties to make polling places accessible and provide the same opportunity for access and participation to individuals with disabilities in September 2006. The SOS amended that announcement in February 2008 to increase the eligible funding for each county. It also amended the deadline to apply for the funding due to a lapse date for the federal funds. This notice announces increased funding due to an additional federal appropriation and establishes multiple grant periods depending on when the county submitted its budget. All counties have until August 31, 2009 to submit a budget. This announcement supersedes all previous announcements and correspondence.
Authority:
The availability of funds is authorized by Title II, Subtitle D, Section 261 of the Help America Vote Act (HAVA) (42 U.S.C. 15461).
Eligible Applicants:
All Texas counties.
Use of Funds:
Making Polling Places Accessible
1. Making pathways more accessible by building or repaving sidewalks.
2. Construction or repair of ramps and threshold ramps.
3. Constructing curb cuts and adding handrails.
4. Establishing accessible parking spaces closer to the accessible entrance.
5. Providing adequate signage showing where accessible parking and entrances are located and indicating that service animals are welcome.
6. Purchasing hardware that will make it easy for persons with limited mobility or grasping ability to open doors.
7. Other projects that improve polling place accessibility deemed reasonable and necessary by the SOS.
Provide the Same Opportunity for Access and Participation to Individuals with Disabilities
1. Magnifiers.
2. Signature guides.
3. Accessible voting booths or tables.
4. Seats to accommodate persons who have difficulty standing for long periods of time.
5. Telephones in order to allow the use of all Relay Texas services including speech-to-speech relay.
6. Informational material to be written in large print and in Braille.
7. Other devices that provide the same opportunity for access and participation to individuals with disabilities deemed reasonable and necessary by the SOS.
Funding Restrictions:
Funds used for permanent improvements such as repaving sidewalks and curb cuts may only be applied to county owned property utilized for a polling location used during a federal election.
Available Funding:
Making Polling Places Accessible
Using polling location statistics for the 2006 March Primary, the county may apply for funding not to exceed the following amounts:
a) $4,500 for counties with 10 polling locations or less;
b) $6,500 for counties with 50 polling locations or less; and,
c) $8,500 for counties with polling locations of more than 50.
Provide the Same Opportunity for Access and Participation to Individuals with Disabilities
Using polling location statistics for the 2006 March Primary, the county may apply for funding not to exceed the following amounts:
a) $2,000 for counties with 10 polling locations or less;
b) $2,500 for counties with 50 polling locations or less; and,
c) $3,000 for counties with polling locations of more than 50.
Funding Period:
Obligations for eligible expenditures must be incurred during the following time periods:
a) For budgets submitted prior to January 1, 2008 - January 1, 2005 through December 31, 2008. All funds must be drawdown by that time.
b) For budgets submitted on or after January 1, 2008 - January 1, 2006 through December 31, 2009. All funds must be drawdown by that time.
Funding Requirements:
A copy of the "Americans with Disabilities Act (ADA) Checklist for Polling Places" must be completed and kept on file with the County Clerk or Election Administrator for the county. A copy of the checklist can be found at http://www.usdoj.gov/crt/ada/votingck.htm.
All Texas counties must be in compliance with all applicable federal and state laws and regulations, including the terms and conditions set forth in the acceptance of the grant. The terms and conditions can be viewed at http://www.sos.state.tx.us/elections/hava/funding.shtml under the bullets labeled Making Polling Places Accessible and Provide the Same Opportunity for Access and Participation to Individuals with Disabilities Terms and Conditions of Grant Funding.
Requesting the Application:
The county judge, as chief executive officer for the county, must submit a budget via the Texas HAVA online grant system (http://hava.tamu.edu/) and be approved by the Secretary of State's Office. The county judge will use the same user ID and password that was used for previous HAVA funding requests (e.g., voting system acquisition funding). For inquiries, contact Dan Glotzer or Jennifer Templeton toll-free at 1-800-252-8683 or email dglotzer@sos.state.tx.us or jtempleton@sos.state.tx.us.
Budget Submission Deadline:
Budgets may be submitted via the Texas HAVA online grant system effective immediately and will be accepted through August 31, 2009.
TRD-200803783
Ann McGeehan
Director of Elections
Office of the Secretary of State
Filed: July 24, 2008
Notice - Deadline Extended for Public Comments
In the August 1, 2008, issue of the Texas Register (33 TexReg 6121), the Texas Department of Transportation proposed amendments and new sections to Chapter 17, Vehicle Titles and Registration, Subchapter B, Motor Vehicle Registration, §17.40, §17.41, and §17.51, concerning specialty license plates.
The deadline for receipt of comments on the proposed amendments and new sections was originally set for August 18, 2008. This notice is to extend the public comment period to 5:00 p.m. on September 2, 2008 . Additional information may be obtained from Rebecca Davio, Director, Vehicle Titles and Registration Division, 125 East 11th Street, Austin, Texas 78701-2483.
TRD-200803782
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: July 24, 2008
Public Hearing for Proposed Removal and Transfer to the North Texas Tollway Authority of a Portion of State Highway (SH) 121 in Denton and Collin Counties.
Pursuant to Transportation Code, §228.151 and 43 TAC §27.13, the Texas Department of Transportation (department) will conduct public hearings on Monday, August 18, 2008 at 6:00 p.m., at the Christopher A. Parr Library, 6200 Windhaven Parkway, Plano, Texas 75093 and Tuesday, August 19, 2008, at 6:00 p.m., at The Colony, City Hall Council Chamber, 6800 Main Street, The Colony, Texas 75056, to receive comments from interested persons concerning the proposed removal from the state highway system and transfer to the North Texas Tollway Authority (authority) of a portion of State Highway 121 from the ramp pair on the west side of FM 2281 to the ramp pair on the east side of the Hillcrest Road overpass in Denton and Collin counties, to be utilized by the authority under Transportation Code, Chapter 366 for the design, financing, construction, operation, and maintenance of a turnpike project.
Transportation Code, §228.151 authorizes the department to lease, sell, or transfer in another manner a toll project or system that is part of the state highway system, including a nontolled state highway or a segment of a nontolled state highway converted to a toll project, to a governmental entity that has the authority to operate a tolled highway. A lease, sale, or transfer is subject to a prior public hearing in each county in which the project is located, and is subject to the Texas Transportation Commission (commission) and the Governor approving the transfer of the toll project or system as being in the best interests of the state and the entity receiving the project or system. Transportation Code, §228.153 requires the authority to reimburse the department for any expenditures of the department for the financing, design, development, construction, operation, or maintenance of the highway that have not been reimbursed with the proceeds of bonds issued for the highway, unless the commission finds that the transfer will result in substantial net benefits to the state, the department, and the public that equal or exceed that cost.
Criteria and guidelines for the approval of the transfer have been adopted by rule by the commission in 43 TAC §27.13, and specify that the commission may, after considering public comments received, approve the transfer of a toll project to the authority, if:
(1) the authority agrees, through a written commitment, to:
(A) assume all liability and responsibility for the safe and effective maintenance and operation of the highway on its transfer;
(B) assume all liability and responsibility for existing and future environmental permits, issues, and commitments, including obtaining all environmental permits and approvals and for compliance with all federal and state environmental laws, regulations, and policies applicable to the highway and related improvements;
(C) provide for public involvement and to conduct a study of the social and environmental impact of all proposed improvements to the toll project; and
(D) if applicable, comply with the design and construction standards of 43 TAC §27.15 when developing projects on the transferred highway; and
(2) the commission finds that the transfer:
(A) is in the best interests of the state;
(B) is in the best interests of the entity receiving the project; and
(C) will not adversely affect:
(i) the financial viability of the project; or
(ii) regional mobility.
The commission may not approve the transfer unless the governor approves the transfer as being in the best interests of the state and the entity receiving the project.
Metes and bounds description and maps and drawings showing the proposed portion of SH 121 to be transferred and other information concerning the proposed transfer are on file and available for public inspection and copying by contacting Robert Hall, Texas Department of Transportation, 4777 E. Hwy 80, Mesquite, TX 75150-6643, telephone (214) 320-6157.
All interested citizens are invited to attend this public hearing, which will be conducted in accordance with the procedures specified in 43 TAC §1.5. Speakers will be recognized in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of those making presentations will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any person with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time and repetitive comment. Groups, organizations, or associations are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible. Presentations must remain pertinent to the issue being discussed. A person may not assign a portion of his or her time to another speaker. A person who disrupts a public hearing must leave the hearing room if ordered to do so by the presiding officer.
Persons with disabilities who plan to attend the hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact the Dallas District Public Information Office, Texas Department of Transportation, 4777 E. Hwy 80, Mesquite, TX 75150-6643, telephone (214) 320-6100 at least two work days prior to the hearing so that appropriate arrangements can be made.
Written comments may be submitted following the public hearing to Mark Tomlinson, P.E., Director, Texas Turnpike Authority Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for submitting written comments is 5:00 p.m. on Monday, August 25, 2008.
TRD-200803988
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: July 30, 2008
Pursuant to Title 43, Texas Administrative Code, §2.5(e)(8)(B), the Texas Department of Transportation is advising the public of the availability of the Final Environmental Impact Statement (FEIS) for the proposed construction of State Highway 99, SH 249 to IH 45 (the Grand Parkway Segment F-2) northwest of Houston in Harris County, Texas. Comments regarding the FEIS may be submitted via email to:
segmentf2comments@grandpky.com
or to The Grand Parkway Association, Attention: Segment F-2 Comments, 4544 Post Oak Place, Suite 222, Houston, Texas 77027 or the Director of Project Development at the Texas Department of Transportation's Houston District Office, 7600 Washington Avenue, Houston, Texas. Comments are due by 5:00 p.m. on September 17, 2008. The Texas Department of Transportation's (department) mailing address is P.O. Box 1386, Houston, Texas 77251-1386.
The purpose of the proposed action is to provide improved access to the existing and future thoroughfare system, reduce area traffic congestion, improve safety, and improve area-wide mobility. A full range of alternatives were identified and evaluated for Segment F-2 at the corridor level (five corridors), transportation mode level (No Build, Transportation System Management Alternatives, Travel Demand Alternatives, and Modal Alternatives), and at the alignment level. The proposed action consists of the construction of a controlled access tollway from SH 249 to IH 45 in Harris County, a distance ranging from 12.0 to 13.0 miles, depending on the alternative alignment considered. The proposed facility will consist of a four-mainlane controlled access tollway within a 400-foot (right of way) width. A total of seven build alternative alignments, in addition to the No-Build alternative, have been presented in the FEIS. All seven alternative alignments lie between SH 249 and IH 45 in a west-east direction and begin approximately 0.2 miles south of Boudreaux Road. Alternative Alignment A traverses mainly through the center of the study area. This alignment alternative terminates at IH 45, approximately 0.6 miles north of Spring Stuebner Road and is 12.5 miles in length. Alternative Alignment B traverses mainly through the southern portion of the study area. Alternative Alignment B terminates approximately 0.1 miles south of the Hardy Toll Road and IH 45 intersection and is 13.0 miles in length. Alternative Alignment C passes through the north and middle portion of the study area. Alternative Alignment C terminates at the same location as Alternative Alignment A and is 12.2 miles in length. Alternative Alignment D passes through the middle of the study area from Boudreaux Road approximately 0.3 mile northeast of FM 2920 for approximately 7.0 miles before ending at the same location as Alternative Alignment C and is 12.0 miles in length. Alternative Alignment E passes through the northern portion of the study area where it ends at the same location as Alternative Alignment B and is 12.5 miles in length. Alternative Alignment F passes through the northern portion of the study area before ending at the same location as Alternative Alignment C and is 12.1 miles in length.
The preferred corridor and transportation mode and the recommended alternative alignment, as presented in the Draft Environmental Impact Statement (DEIS), were selected after careful consideration and assessment of the potential environmental impacts and evaluation of agency and public comments. After consideration of all agency and public comments received on the Revised Draft Environmental Impact Statement (RDEIS) of 2006 and the original DEIS of 2004, coordination with landowners, as well as updated environmental data, the Grand Parkway Association, in coordination with department and Federal Highway Administration (FHWA), selected a Preferred Alternative Alignment. It was determined after careful review of the RDEIS and DEIS comments that a shift of the Recommended Alternative Alignment shown in the RDEIS in two locations was necessary to create a Preferred Alternative Alignment. These shifts are as follows:
In Reach 7, near Boudreaux Road, where the Recommended Alternative Alignment passed through a portion of the Spring Terrace subdivision, the alignment was shifted approximately 120 feet to the northeast, thereby avoiding four platted home sites.
In the far eastern end of Reach 7, the Recommended Alignment was modified to a route more closely in line with Alternative Alignment A, with an added dip to the south near the border of Reach 8. This adjustment allowed engineers of the roadway to avoid a relocation of the railroad which had been included in the Recommended Alternative Alignment. Relocating the railroad necessitated additional Right-of-Way impacts and would have added a large expense in time, energy, and money. This modification does not increase impacts to any other resource.
The preferred build alternative that has emerged from the study was proposed on the basis of its ability to best facilitate the projects Need and Purpose while minimizing impacts to the natural, physical, and social environments. The Preferred Build Alternative Alignment is approximately 12.01 miles long. It begins at SH 249 approximately 0.2 miles south of Boudreaux Road, the alignment travels east approximately 1.8 miles, then heads northeast approximately 2.5 miles, running parallel and adjacent to Boudreaux Road. After crossing FM 2920, the Preferred Alternative Alignment travels east 1.2 miles before veering northeast for 0.8 miles and crossing Boudreaux Road and Kuykendahl Road just north of the Spring Terrace subdivision. Continuing northeast, crossing Northcrest Drive, and then turning eastward to a crossing of Gosling Road and on to a joint crossing of Rothwood Drive and the Union Pacific Railroad (UPRR). The alignment turns east-southeast parallel to and north of the UPRR tracks until it turns northeast to connect to IH 45, approximately one mile south of the IH 45/Hardy Toll Road interchange. The Preferred Alternative Alignment for Segment F-2 would require the acquisition of new right of way (630 acres), the adjustment of utility lines, and the filling of aquatic resources including jurisdictional wetlands (58.89 acres). The Preferred Alignment as presented in the FEIS would displace 120 residential properties and nine commercial properties. No archeological sites, historic properties, or endangered species are expected to be affected.
Copies of the FEIS may be viewed at the Grand Parkway Association website, www.grandpky.com; at the offices of the Grand Parkway Association or the Texas Department of Transportation's Houston District (addresses previously mentioned); at the Houston Public Library, Central Branch, 500 McKinney, Houston, Texas; at the Harris County Public Library, Tomball Branch, 30555 Tomball Parkway, Tomball, Texas; at the Harris County Public Library, Northwest Branch, 11355 Regency Green Drive, Cypress, Texas; and at the Harris County Public Library, Barbara Bush Branch, 6817 Cypresswood Drive, Spring, Texas. Copies of the FEIS and other information about the project may be obtained at the Grand Parkway Association office or the department's Houston District Office. For further information, please contact David Gornet, P.E. at (713) 965-0871 or Pat Henry, P.E. at (713) 802-5241.
TRD-200803987
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: July 30, 2008
Notice of Intent to Extend Consulting Services Contract Related to Government Relations
Pursuant to the provisions of Texas Government Code, Chapter 2254, the University of North Texas (UNT) System intends to extend a contract for consulting services related to federal government relations. The consulting services have been provided by Congressional Solutions, Inc. under a contract beginning May 17, 2005, and ending August 31, 2008.
As required by Chapter 2254 of the Texas Government Code, prior to extending its contract with Congressional Solutions, Inc., UNT System is posting this Notice of Intent to Extend Consulting Services Contract, and hereby extends this invitation to qualified and experienced consultants interested in providing the consulting services described in this notice.
Scope of Work:
The federal government relations consulting firm will assist UNT System and its member institutions in: developing and executing a government relations strategy to attract support for research facilities, equipment, technology, and programs through federal initiatives pertaining, but not limited to, the United States Congress, federal agencies, and related entities; evaluating research resources, developing concepts and themes for agreed upon research initiatives, developing objectives and strategies in presenting opportunities to utilize the available resources of UNT for existing and new initiatives, formulating strategies and timetables for presentation of research and related initiatives, preparing supporting documentation, coordinating meetings with elected representatives and legislative staff, serving as a liaison to all federal entities, and preparing testimony for presentation; developing legislative strategies; and monitoring and reporting on government programs relevant to research initiatives and other areas of interest to UNT System and its member institutions.
Specifications:
Any consultant submitting an offer in response to this invitation must provide the following: (1) the consultant's legal name, 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 monthly fee to be charged for providing the services and any applicable hourly rate for any team member providing services; (5) the earliest date by which the consultant could begin providing the services; (6) a list of five client references, including any complex institutions or systems of higher education for which the consultant has provided similar consulting services; (7) a statement of the consultant's approach to providing the services described in the Scope of Work section of this invitation, any unique benefits the consultant offers UNT System, and any other information the consultant desires UNT System to consider in connection with the consultant's offer; (8) information to assist UNT System in assessing the consultant's demonstrated competence and experience providing consulting services similar to the services requested in this invitation; (9) information to assist UNT System in assessing the consultant's experience performing the requested services for other complex institutions or systems of higher education; (10) information to assist UNT System in assessing whether the consultant will have any conflicts of interest in performing the requested services; (11) information to assist UNT System in assessing the overall cost to UNT System; and (12) information to assist UNT System in assessing the consultant's capability and financial resources to perform the requested services.
Selection Process:
The consulting services sought herein relate to services previously provided to UNT System by Congressional Solutions, Inc. UNT System intends to extend its contract with Congressional Solutions, Inc. unless a better offer, as determined by UNT System in its sole discretion, is received in response to this invitation.
The successful offer must be submitted in response to this invitation no later than the submittal deadline and will be the offer that is the most advantageous to UNT System in UNT System's sole discretion. Offers will be evaluated by UNT System and member institution personnel. The evaluation of offers and the selection of the successful offer will be based on information provided to UNT System by the consultant in response to the Specifications section of this invitation. Consideration may also be given to any additional information and comments if such information or comments increase the benefits to UNT System. The successful consultant will be required to enter into a contract acceptable to UNT System.
Finding by Chancellor:
The Chancellor of UNT System finds that the consulting services are necessary because UNT System does not have the specialized experience or the staff resources available in Washington, D.C. to support existing and proposed programs of UNT System and its member institutions. UNT System believes that such expert consulting services will be cost effective by expanding federal investment in research, teaching, and related programs in Texas throughout UNT System's member institutions.
Submittal Deadline:
To respond to this invitation, consultants must submit the information requested in the Specifications section in a clear and concise written format to: Carrie Stoeckert, Assistant Director of PPS, University of North Texas System, P.O. Box 310499, Denton, TX 76203 (2310 North Interstate 35-E, Denton, TX 76201). Offers must be submitted in an envelope or other appropriate container, and the name and return address of the consultant must be clearly visible. All offers must be received at the above address no later than 4:00 p.m., CST, Monday, August 25, 2008. Submissions received after the submittal deadline will not be considered.
TRD-200803793
Carrie Stoeckert
Assistant Director of Purchasing and Payment Services
University of North Texas System
Filed: July 25, 2008
Award of Consultant Contract Notification
The University of Texas System ("University"), in accordance with the provisions of Texas Government Code, Chapter 2254, entered into a contract for consulting services ("Contract") with Knowledge Reservoir, LLC. ("Consultant") as more particularly described in the Invitation for Consultants to Provide Offers of Consulting Services ("Invitation"), published in the Texas Register on June 6, 2008 (33 TexReg 4575).
Project Description:
In accordance with the Invitation and Consultant's response thereto, Consultant shall provide University with the following services as identified in the IFO Scope of Work:
* Determine the risks and revenue generated from drilling with 100% working interest on University Lands or alternatively in the Permian Basin.
* Determine the risks and revenue generated from reserving a right to take a set working interest within leases.
* Determine the historical risks and revenue generated over the last 10 years if a working interest had been taken or reserved on University Lands leases issued over that time period.
* Evaluate different working business models that would increase revenue with some risk tolerance.
* Determine staffing requirements for all determined scenarios.
Name and Address of Consultant:
Knowledge Reservoir, LLC.
1800 West Loop South, Suite 1000
Houston, Texas 77027
Attention: Steve Knabe
Total Value of Contract: $99,800.00
Contract Dates: The Contract was executed by Consultant on July 10, 2008, and by University on July 15, 2008, and dated effective July 15, 2008.
Due Dates for Contract Products: The consulting services will be completed and delivered to University no later than September 30, 2008.
The term of the Contract expires on September 30, 2008.
TRD-200803781
Francie A. Frederick
General Counsel to the Board of Regents
The University of Texas System
Filed: July 23, 2008