Office of the Attorney General
Notice of Intent to Amend and Extend Consultant Services Contract
The Child Support Division (CSD) of the Office of the Attorney General (OAG) currently has a consulting services contract with Deloitte Consulting, LLP of 400 West 15th Street, Suite 1700, Austin, Texas 78701. Deloitte Consulting is providing consulting services related to:
Determining implementation readiness for projects identified in initial contract;
Performing Business Process Redesign (BPR) initiative activities and providing BPR initiative deliverables;
Deploying IT architecture framework;
Performing feasibility studies;
Performing security assessment;
Development and implementation continuity assurance.
The original contract was executed on January 22, 2007, and expired on August 31, 2007, with five options to extend. The first optional renewal concludes on August 31, 2008.
Deloitte Consulting was selected as the consultant for this project after a competitive process whereby the OAG evaluated four proposals that were submitted as a result of the invitation to submit proposals that was published in the September 15, 2006, issue of the Texas Register (31 TexReg 8019).
The OAG intends to extend this consulting services contract and amend it to describe Deloitte Consulting's role after submitting BPR recommendations. Pursuant to Texas Government Code, Chapter 2254, Subchapter B, before extending and amending the contract with Deloitte Consulting, the OAG publishes this notice and invitation to qualified and experienced consultants interested in providing the consulting services described in this notice.
SCOPE OF SERVICES:
The scope of work focuses on creating detailed project plans, requirements, and design for the OAG approved projects, as well as the continuity necessary from the previous contract terms to enable the OAG to achieve its vision. The contractor will also establish the technical and procedural infrastructure necessary to implement the approved recommendations.
FINDING OF FACT:
The OAG has submitted a request to the Budget, Planning and Policy Division of the Governor's Office for a Finding of Fact that the requested consulting services are necessary. Extension of the contract or execution of a new contract is contingent upon receipt of this Finding of Fact.
CRITERIA FOR SELECTION:
The OAG intends to negotiate with Deloitte Consulting the extension and amendment to its consulting services contract to include this scope of work, unless the OAG receives a better offer for the desired consulting services. The OAG will make its selection based on demonstrated competence, knowledge, and qualifications, considering the reasonableness of the proposed fees for consulting services.
SUBMITTING OFFERS:
Any consultant submitting an offer in response to this notice must provide the following with the offer:
(1) The consultant's legal name and address;
(2) A description of the consultant's experience in the business process redesign field;
(3) Information regarding the qualifications, education, and experience of the team(s) proposed to provide these consulting services;
(4) The price to perform the entire scope of services;
(5) The earliest date on which the consultant could begin to provide services;
(6) A list of three references, including any Child Support customers for which the consultant has performed services;
(7) A previous or sample BPR implementation plan that represents the consultant's work;
(8) A completed Historically Underutilized Businesses subcontracting plan (the forms can be found at http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/ );
(9) The following completed forms (available from the OAG Contact identified below): Certification Regarding Lobbying, Consultant Assurances with Certification, and Consultant Release of Liability (to References).
In order to be considered for this Consulting Services contract, a Response should be submitted, in accordance with the instructions in this notice to the OAG by 2:00 p.m. (CST) on August 4, 2008.
Telephone and facsimile responses will not be accepted. Responses may be submitted by mail to the mailing address listed below; or may be hand delivered to the physical address listed below.
Mailing Address:
Office of the Attorney General
Child Support Division
Attention: David Cousins, Assistant Attorney General
P.O. Box 12017
Austin, Texas 78711-2017
E-mail: David.Cousins@oag.state.tx.us
Physical Address:
Office of the Attorney General
Child Support Division
Attention: David Cousins, Assistant Attorney General
5500 E. Oltorf Street, Room 375
Austin, Texas 78741-7400
E-mail: David.Cousins@oag.state.tx.us
QUESTIONS:
Questions concerning this notice and invitation should be submitted in writing or by e-mail to the point of contact listed above.
OAG RIGHTS:
The OAG reserves the right to accept or reject any or all offers submitted. The OAG is under no obligation to execute any contract on the basis of this notice. The OAG will not pay for any costs incurred by any entity in responding to this notice.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200803335
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: June 25, 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 June 13, 2008, through June 19, 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 June 25, 2008. The public comment period for this project will close at 5:00 p.m. on July 25, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: Port of Corpus Christi; Location: The project is located at numerous locations throughout the Inner Harbor of the Corpus Christi Ship Channel from its entrance to the Viola Turning Basin, and also the Rincon Canals, in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas and Annaville, Texas. Approximate UTM Coordinates for the project area in NAD 27 (meters): Zone 14; POB Easting: 657243; Northing: 3077230/POE Easting: 645271; Northing: 3080510. Rincon Canal central coordinates are: Easting: 658186; Northing: 3079710. Project Description: The applicant proposes to maintenance dredge approximately 25 cargo and oil dock areas, and also Rincon Canals A and B, over a 10-year period. Hydraulically dredged material will be placed in various confined placement areas. Mechanical dredging methods include mechanical excavator, clamshell, dragline, water injection, water lift, underwater grading and/or blade and drag beam leveling. A 10-year maintenance dredging period has been requested. CCC Project No.: 08-0163-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-01897 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Port Isabel San Benito Navigation District ; Location: The project is located on the west side of the Port Isabel Turning Basin, south of the most southerly existing dock, in Port Isabel, Cameron County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Isabel, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 678885; Northing: 2882772. Project Description: The applicant proposes to construct a 600-foot by 40-foot concrete and steel sheet pile wharf and backfill to the high bank of the existing shoreline for the purpose of providing a dock facility for the fabrication of offshore pipelines. The wharf and backfill will result in the loss of approximately 1.3 acres of open water area which includes most of a 25,055-square-foot submerged seagrass area. The proposed dredging will impact 6.23 acres of open water, including the remainder of the 25,055-square-foot seagrass area. A total of 91,213 cubic yards of bank and channel bottom are to be excavated by clamshell bucket and the berth area is to be dredged to a depth of minus 37 feet mean low tide, out to the centerline of the federal channel. Dredged material is to be placed in the existing placement area adjacent to the proposed wharf. A 1.73-acre constructed mitigation area is proposed on the outside toe of the U.S. Army Corps of Engineers (Corps) Dredged Material Placement Area No. 3 levee, which is located next to the Port Isabel Channel that is across from Long Island. Mitigation consists of lowering existing elevations to render the area conducive to the growth of seagrass. The mitigation also requires the placement of concrete mats for side slope stabilization. CCC Project No.: 08-0172-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00408 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: EOG Resources, Inc.; Location: The project is located in Nueces Bay, in State Tracts (ST's) 708, 710, 723, 748, and 788. The proposed access channel will begin at the north side of Rincon Channel and would extend approximately 2,160 feet to the north to the proposed work basin in ST 788. The proposed pipeline would extend south and then west from the basin to a proposed termination point on land in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas. Approximate UTM Coordinates in NAD 27 (meters) for the proposed well location is: Zone 14; Easting: 659415; Northing: 3081341. Project Description: This is a modification to the location of four oil/gas wells in ST 788 which were originally proposed under Permit Application 24075. The applicant proposes to hydraulically dredge an access channel and work basin in Nueces Bay. Approximately 19,500 cubic yards of material would be dredged to form the channel and basin area, and the material would be pumped to one of the Port of Corpus Christi Authority Dredged Material Placement Areas. CCC Project No.: 08-0173-F1. Type of Application: U.S.A.C.E. permit application #SWG-2006-00087 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: R. E. Odom; Location: The project is in a boat slip to Cow Bayou, at a site located on the right descending side of the bayou, approximately 800 feet downstream from Round Bunch Road and 6 miles southeast of Orange, Texas in Orange County. The project can be located on the U.S.G.S. quadrangle map entitled: Orangefield, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 423489; Northing: 3322787. Project Description: The applicant proposes to place fill material into 0.25 acres of open water to fill an existing boat slip. The applicant wishes to restore the boat slip to uplands. This will provide erosion protection to the existing house. The existing boat slip was authorized under Corps Permit No. 5321. CCC Project No.: 08-0174-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-00933 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above, 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-200803241
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: June 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 06/30/08 - 07/06/08 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 06/30/08 - 07/06/08 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200803284
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 23, 2008
Procedures in Death Penalty Cases Involving Requests for Stay of Execution and Related Filings in Texas State Trial Courts and the Court of Criminal Appeals
To ensure that all appropriate state and federal courts, officials, and parties shall have an adequate opportunity to review and resolve legal and factual issues concerning an impending execution, the Court of Criminal Appeals has adopted Miscellaneous Rule 08-101, effective Monday, June 23, 2008. This rule is modeled upon an analogous rule adopted by the Fifth Circuit Court of Appeals.
SIGNED AND ENTERED this 23rd day of June, 2008.
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Sharon Keller, Presiding Judge
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Lawrence E. Meyers, Judge
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Tom Price, Judge
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Paul Womack, Judge
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Cheryl Johnson, Judge
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Michael Keasler, Judge
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Barbara Hervey, Judge
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Charles Holcomb, Judge
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Cathy Cochran, Judge
MISCELLANEOUS RULE 08-101
Procedures in Death Penalty Cases Involving Requests for Stay of Execution and Related Filings in Texas State Trial Courts and the Court of Criminal Appeals.
1. Time Requirements for Habeas Petitions or Other Motions. Inmates sentenced to death who seek a stay of execution or who wish to file a subsequent writ application or other motion seeking any affirmative relief from, or relating to, a death sentence must exercise reasonable diligence in timely filing such requests. A motion for stay of execution, or any other motion relating to a death sentence, shall be deemed untimely if it is filed less than forty-eight hours before 6:00 p.m. on the scheduled execution date. Thus, a request for a stay of execution filed at 7:00 p.m. on a Monday evening when an execution is scheduled on Wednesday at 6:00 p.m. is untimely.
2. Special Requirements for Untimely Petitions or Other Motions . Counsel who seek to file an untimely motion for a stay of execution or who wish to file any other untimely motion requesting affirmative relief in an impending execution case, must attach to the proposed filing a detailed explanation stating under oath, subject to the penalties of perjury, the reason for the delay and why counsel found it physically, legally, or factually impossible to file a timely request or motion. Counsel is required to show good cause for the untimely filing.
3. Sanctions. Counsel who fails to attach a sworn detailed explanation to an untimely filing or who fails to adequately justify the necessity for an untimely filing shall be sanctioned. Such sanctions include, but are not limited to, (1) referral to the Chief Disciplinary Counsel of the State Bar of Texas; (2) contempt of court; (3) removal from the list of Tex. Code Crim. Proc. Art. 11.071 list of attorneys; (4) restitution of costs incurred by the opposing party; (5) any other sanction allowable under Tex. R. Civ. P. 215.2.
TRD-200803285
Louise Pearson
Clerk of the Court
Court of Criminal Appeals
Filed: June 23, 2008
Request for Applications Concerning the Rural Technology Grant Pilot Program, Cycle 2
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-118 from school districts that (a) have an enrollment of fewer than 5,000 students; (b) are not located in an area defined by the U.S. Office of Management and Budget as a standard metropolitan statistical area as of January 1, 2007; and (c) respond to the electronic Mandatory Notice of Intent to Apply by 5:00 p.m. (Central Time), Friday, August 8, 2008.
A list of all Texas school districts that meet the first two eligibility requirements for the Rural Technology Grant Pilot Program, Cycle 2 (that is, all districts with enrollment of less than 5,000 that are located outside a standard metropolitan area), can be found on the TEA website at http://www.tea.state.tx.us/technology/rtech/eligibilitylist.pdf. The Mandatory Notice of Intent to Apply can be downloaded from the TEA website at http://www.tea.state.tx.us/technology/rtech/index.html. Applicants who fail to submit the Mandatory Notice of Intent to Apply by the deadline will not be considered for funding.
Applicants that applied for and received funding in the 2007-2010 Rural Technology Grant Pilot Program may apply again but must use Cycle 2 funds to serve a different grade and/or different subject.
Description. The purpose of this grant program is to establish pilot programs to provide technology-based supplemental instruction, including online courses, to students in rural school districts to improve the overall success of the students and address their individual academic needs. The Rural Technology Grant Pilot Program, Cycle 2, is designed to improve student performance for students not currently meeting standards in English language arts, social studies, mathematics, science, or languages other than English and to supplement the education of students needing more opportunities than currently provided by the district.
Districts selected for the pilot program are entitled to receive state grant funds in an amount not to exceed $200 per school year for each student in Grades 6-12 participating in the program. As a condition of receiving a state grant, the district must contribute additional funding of at least $100 per school year for each student in Grades 6-12 participating in the program for activities provided at the campus through the program. A campus participating in the program must provide students with individual access to technology-based supplemental instruction for at least 10 hours each week.
Dates of Project. The Rural Technology Grant Pilot Program, Cycle 2, will be implemented during the 2009-2010 school year. Applicants should plan for a starting date of no earlier than January 1, 2009, and an ending date of no later than May 31, 2010.
Project Amount. Approximately $1.5 million is available for this grant program. Project funding in the subsequent grant period will be based on satisfactory progress of the first-year objectives and activities and on budget approval by the commissioner of education and the state legislature.
Selection Criteria. Applications will be selected based on the following priorities: (1) diverse geographical representation across the state; (2) greatest need overall as indicated by a district's rating under the 2007 state accountability rating system; (3) readiness to implement and support the program as reflected in the Texas Campus STaR Chart; and (4) number of students participating in the program in relation to total student enrollment. Priority will be given to districts demonstrating that a large percentage of their Grades 6-12 student population needs supplemental instruction in one or more content areas. Applications must show evidence of technical readiness to implement and support this grant program and must address each requirement as specified in the RFA to be considered for funding. 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 pilot project evaluation.
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 Rebecca Schroeder, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms.
Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, September 18, 2008, to be eligible to be considered for funding.
TRD-200803321
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: June 25, 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 August 4, 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 August 4, 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: Ramiro Carrillo dba Bob's Corner Store and Bob's Corner Store 2; DOCKET NUMBER: 2008-0314-PST-E; IDENTIFIER: RN102358942 and RN102457561; LOCATION: Bishop and Kingsville; Nueces and Kleberg Counties; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to provide a method of release detection capable of detecting a release from any portion of the underground storage tank (UST) system which contained regulated substances; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; 30 TAC §334.50(b)(2)(A)(ii)(I) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; and 30 TAC §334.10(b), by failing to maintain the required UST records and make them immediately available; PENALTY: $18,392; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(2) COMPANY: CastleRock Communities, L.P.; DOCKET NUMBER: 2008-0514-WQ-E; IDENTIFIER: RN105470256; LOCATION: Porter, Montgomery County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain a construction general permit to authorize the discharge of storm water; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2008-0230-IHW-E; IDENTIFIER: RN102320850; LOCATION: Borger, Hutchinson County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §335.4, by failing to prevent the unauthorized disposal of industrial hazardous waste; and 30 TAC §335.261(a) and 40 CFR §273.34(e) and §273.35(c)(1), by failing to label or mark clearly each lamp or a container or package in which such lamps are contained and failing to be able to demonstrate the length of time that the universal waste has been accumulated; PENALTY: $36,974; Supplemental Environmental Project (SEP) offset amount of $14,790 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Cynthia McKaughan, (512) 239-0735; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(4) COMPANY: Drennan Day Custom Homes Inc.; DOCKET NUMBER: 2008-0491-EAQ-E; IDENTIFIER: RN105469258; LOCATION: Williamson County; TYPE OF FACILITY: single family subdivision construction site; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain approval of a contributing zone plan prior to conducting a regulated activity over the Edwards Aquifer Contributing Zone; PENALTY: $26,000; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(5) COMPANY: Enbridge Pipelines (NE Texas) L.P.; DOCKET NUMBER: 2008-0342-AIR-E; IDENTIFIER: RN100223783; LOCATION: Camp County; TYPE OF FACILITY: natural gas processing plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), Permit Number 8986, Special Condition (SC) Number 1, General Operating Permit (GOP) Number 514, Federal Operating Permit (FOP) Number O-00875, Special Requirement Numbers (b)(2) and (b)(7)(B), and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain an emission rate below the maximum allowable emission limit for the tail gas thermal oxidizer (TGTO); 30 TAC §116.115(c) and §122.143(4), Permit Number 8986, SC Number 9, GOP Number 514, FOP Number O-00875, Special Requirement Numbers (b)(2) and (b)(7)(B), and THSC, §382.085(b), by failing to maintain the TGTO oxygen content at no less than 3%; 30 TAC §116.115(c) and §122.143(4), Permit Number 8986, SC Number 9, GOP Number 514, FOP Number O-00875, Special Requirement Numbers (b)(2) and (b)(7)(B), and THSC, §382.085(b), by failing to maintain the TGTO firebox chamber temperature at a minimum of 1,000 degrees Fahrenheit; 30 TAC §116.115(c) and §122.143(4), Permit Number 8986, SC Number 13D, GOP Number 514, FOP Number O-00875, Special Requirement Numbers (b)(2) and (b)(7)(B), and THSC, §382.085(b), by failing to properly maintain records for a period of two years and make them readily available upon request; and 30 TAC §122.145(2)(A), GOP Number 514, FOP Number O-00875, Special Requirement Number (b)(2), and THSC, §382.085(b), by failing to report all instances of deviations; PENALTY: $12,954; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(6) COMPANY: Forest Creek Partnership, Ltd. dba Forest Creek Apartments; DOCKET NUMBER: 2007-1898-PWS-E; IDENTIFIER: RN101214559; LOCATION: Harris County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(f)(5) and THSC, §341.0315(c), by failing to provide a production capacity of two gallons per minute per connection for a purchase water system; 30 TAC §290.44(d)(4), by failing to provide accurate metering devices at each residential, commercial, or industrial service connection to provide water usage data; and 30 TAC §290.46(u), by failing to plug and seal the abandoned public water supply well; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Salvador G. Gonzalez dba Gonzalez Dairy; DOCKET NUMBER: 2008-0405-AGR-E; IDENTIFIER: RN101961753; LOCATION: Tom Green County; TYPE OF FACILITY: dairy farm; RULE VIOLATED: 30 TAC §321.47(e)(7), by failing to ensure that retention control structure (RCS) liners are protected from animals by fences or other protective devices and that no tree is allowed to grow such that the root zone would intrude or compromise the structure of the liner; 30 TAC §321.47(e)(6), by failing to maintain a permanent RCS pond marker; 30 TAC §321.38(e)(7), by failing to provide documentation of sources of information, assumptions, and calculations, used in determining the appropriate volume capacity of the RCS; 30 TAC §321.47(i), by failing to comply with recordkeeping requirements; and 30 TAC §321.47(c)(1), by failing to construct and manage the control facilities in a manner that will protect surface water; PENALTY: $5,775; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(8) COMPANY: M.R. Gonzalez; DOCKET NUMBER: 2008-0669-WQ-E; IDENTIFIER: RN105380067; LOCATION: Fort Stockton, Pecos County; TYPE OF FACILITY: parking lot; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(9) COMPANY: J. Griffin; DOCKET NUMBER: 2008-0383-PST-E; IDENTIFIER: RN101839173; LOCATION: Atlanta, Cass County; TYPE OF FACILITY: property with USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, two USTs; and 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding USTs; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Ross Fife, (512) 239-2541; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(10) COMPANY: Sohail Malik dba Hempstead Food Mart; DOCKET NUMBER: 2008-0347-PST-E; IDENTIFIER: RN102371093; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(3) and (6) and THSC, §382.085(b), by failing to maintain Stage II records at the Station and make them immediately available for review; 30 TAC §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems; 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; and 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; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Homes Unique, Inc.; DOCKET NUMBER: 2008-0207-WQ-E; IDENTIFIER: RN105202238; LOCATION: Midland, Midland County; TYPE OF FACILITY: construction company; RULE VIOLATED: 30 TAC §281.25(a)(4) and Multi-Sector General Permit Number TXR15F104 Part III, Section F.2., by failing to implement best management practices; and 30 TAC §281.25(a)(4) and Multi-Sector General Permit Number TXR15F104 Part II, Section D.3., by failing to post a copy of the notice of intent in a location where it is readily available for reviewing prior to commencing construction activities; PENALTY: $1,425; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(12) COMPANY: City of Humble; DOCKET NUMBER: 2008-0327-MWD-E; IDENTIFIER: RN102179447; LOCATION: Humble, Harris County; TYPE OF FACILITY: wastewater collection system and a wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010763002, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations for fecal coliform bacteria; 30 TAC §305.125(1) and (4), TPDES Permit Number WQ0010763002, Permit Conditions Number 2.g., and the Code, §26.121(a), by failing to prevent unauthorized discharges of wastewater; and the Code, §26.121(a), by failing to prevent unauthorized discharges of wastewater from the sanitary sewer system; PENALTY: $14,300; SEP offset amount of $11,440 applied to Gulf Coast Waste Disposal Authority ("GCWDA") - River, Lakes, Bays 'N Bayous Trash Bash; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Lankford Construction, L.L.C.; DOCKET NUMBER: 2008-0175-WQ-E; IDENTIFIER: RN105368542; LOCATION: Nacogdoches, Nacogdoches County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), TPDES General Permit Number TXR15IF07, Part II, Section D.3.(d) and Part III, Section D.2., and 40 CFR Part 122, by failing to post a notice of intent and a site notice; 30 TAC §281.25(a)(4), TPDES General Permit Number TXR15IF07, Part III, Section D.1., and 40 CFR Part 122, by failing to have the storm water pollution plan and related documents readily available at the time of an on-site investigation; and 30 TAC §281.25(a)(4), TPDES Permit Number TXR15IF07, Part III, Section F.2.(a)(i) and F.2.(a)(ii), the Code, §26.121(a)(2), and 40 CFR Part 122, by failing to properly install and maintain sediment controls resulting in discharges of sediment into an unnamed creek and to an adjacent landowner's pond; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(14) COMPANY: La Porte Methanol Company, L.P.; DOCKET NUMBER: 2008-0157-AIR-E; IDENTIFIER: RN102830866; LOCATION: La Porte, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §122.143(4), Air Permit Number 40938, SC Number 1, FOP Number O-02291, SC 1D, 40 CFR §63.563(b)(7), and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $3,925; SEP offset amount of $1,570 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: Mammoet USA, Inc.; DOCKET NUMBER: 2008-0349-WQ-E; IDENTIFIER: RN104484340; LOCATION: Rosharon, Brazoria County; TYPE OF FACILITY: motor freight transportation and warehousing; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to renew a multi-sector general permit to authorize the discharge of storm water; PENALTY: $6,160; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: Murphy Oil USA, Inc. dba Murphy Oil; DOCKET NUMBER: 2007-1242-AIR-E; IDENTIFIER: RN102246915, RN102295672, and RN102991882; LOCATION: El Paso, El Paso County TYPE OF FACILITY: fuel dispensing stations; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the maximum seven pounds per square inch absolute Reid Vapor Pressure requirements; PENALTY: $7,520; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(17) COMPANY: City of Newark; DOCKET NUMBER: 2008-0464-PWS-E; IDENTIFIER: RN101388536; LOCATION: Newark, Wise County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.46(q)(1), by failing to issue a boil water notification; and 30 TAC §290.110(c)(4)(B), by failing to monitor the disinfectant residual at representative locations throughout the distribution system; PENALTY: $1,130; SEP offset amount of $904 applied to Keep Texas Beautiful; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(18) COMPANY: Barkat Mohammed dba North Loop Food Store; DOCKET NUMBER: 2008-0345-PST-E; IDENTIFIER: RN101432920; LOCATION: Austin, Travis County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the USTs for releases; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube; and 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve on each pressurized delivery or product line and ensure that it is securely anchored at the base of the dispenser; PENALTY: $5,778; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(19) COMPANY: OK Concrete Company; DOCKET NUMBER: 2008-0585-WQ-E; IDENTIFIER: RN102430592; LOCATION: Baylor County; TYPE OF FACILITY: ready mix concrete plant; RULE VIOLATED: 30 TAC §305.42 and the Code, §26.121(a)(1), by failing to obtain authorization to discharge wastewater associated with industrial activities; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(20) COMPANY: Oxbow Carbon & Minerals LLC; DOCKET NUMBER: 2008-0468-IWD-E; IDENTIFIER: RN102707049; LOCATION: Texas City, Galveston County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0002670000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids (TSS); and 30 TAC §305.125(17) and TPDES Permit Number WQ0002670000, Monitoring and Reporting Requirements Number 1, by failing to submit daily average flow at Outfall 001 on the discharge monitoring reports; PENALTY: $4,030; SEP offset amount of $1,612 applied to GCWDA - River, Lakes, Bays 'N Bayous Trash Bash; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(21) COMPANY: City of Pasadena; DOCKET NUMBER: 2007-1915-MWD-E; IDENTIFIER: RN101608693; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10053009, Effluent Limitations and Monitoring Requirements Number 1 and Contributing Industries and Pretreatment Requirements Number 1.a., 1.d., and 1.f., and the Code, §26.121(a), by failing to comply with permitted effluent limitations for TSS, fecal coliform bacteria, and five-day biochemical oxygen demand and prevent the introduction of pollutants into the treatment facility; 30 TAC §305.125(9) and TPDES Permit Number 10053009, Monitoring and Reporting Requirements Number 7.a. and c., by failing to submit written reports within five working days for any noncompliance which may endanger human health or safety or the environment; 30 TAC §305.125(1) and (5) and §317.4(d), and TPDES Permit Number 10053009, Operational Requirements Number 1 and Monitoring and Reporting Requirements Number 5, by failing to properly operate and maintain the wastewater treatment plant and ensure flow measurement accuracy; 30 TAC §319.7(c) and TPDES Permit Number 10053009, Other Requirements Number 13, by failing to conduct required groundwater monitoring; 30 TAC §305.125(1) and TPDES Permit Number 10053009, Permit Conditions Number 4.c. and Contributing Industries and Pretreatment Requirements Number 1, by failing to timely submit a permit renewal application and an industrial user survey; and 30 TAC §305.125(4) and (5), TPDES Permit Number 10053009, Permit Conditions Number 2.g. and Operational Requirements Number 1, and the Code, §26.121(a), by failing to prevent unauthorized discharges of wastewater from the collection system; PENALTY: $47,220; SEP offset amount of $37,776 applied to Armand Bayou Nature Center Coastal Tall Grass Management-Prescribed Burn Program and Prairie Restoration Project; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(22) COMPANY: Rincon Water Supply Corporation; DOCKET NUMBER: 2008-0254-PWS-E; IDENTIFIER: RN101194504; LOCATION: San Patricio County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain the residual disinfectant concentration in the water within the distribution system at least 0.5 milligrams per liter (mg/L) chloramine; 30 TAC §290.110(c)(4)(B), by failing to monitor the disinfectant residual at representative locations in the distribution system; 30 TAC §290.46(1), by failing to flush all dead-end mains at monthly intervals, or as needed if water quality complaints are received; 30 TAC §290.43(c)(3), by failing to provide the groundwater storage tank with the overflow located near enough and at a position accessible from a ladder or the balcony for inspection purposes; 30 TAC §290.45(f)(1), by failing to keep on file and make available for commission review a purchase water contract; and 30 TAC §290.110(e)(4), by failing to submit the disinfectant level quarterly operating reports for public water systems; PENALTY: $1,950; SEP offset amount of $1,560 applied to Audubon Society-North Bay Sanctuary Project; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(23) COMPANY: Sam Cicalo dba Sam's Horse and Stock Trailers; DOCKET NUMBER: 2007-1979-AIR-E; IDENTIFIER: RN104461611; LOCATION: Boyd, Wise County; TYPE OF FACILITY: painting and sandblasting plant; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to conducting painting and sandblasting activities; and 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition of outdoor burning; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(24) COMPANY: Shell Chemical LP and Shell Oil Company; DOCKET NUMBER: 2008-0283-AIR-E; IDENTIFIER: RN100211879; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: chemical manufacturing plant and petroleum refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(b)(2)(F), New Source Review (NSR) Permit Number 3219 and PSD-TX-974, Maximum Allowable Emission Rates, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 21262 and PSD-TX-928, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $20,000; SEP offset amount of $8,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(25) COMPANY: Shell Oil Company; DOCKET NUMBER: 2007-1789-AIR-E; IDENTIFIER: RN100211879; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a), NSR Flexible Permit Number 21262/PSD-TX-928, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.20(3) and §101.221(a), 40 CFR §60.18(c)(2), and THSC, §382.085(b), by failing to keep a flame present at a flare at all times; and 30 TAC §101.20(3) and §116.715(a), NSR Flexible Permit Number 21262/PSD-TX-928, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $80,000; SEP offset amount of $40,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(26) COMPANY: Sid Richardson Carbon, Ltd.; DOCKET NUMBER: 2008-0145-AIR-E; IDENTIFIER: RN100222413; LOCATION: Borger, Hutchinson County; TYPE OF FACILITY: carbon black manufacturing operation; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to prevent the release of unauthorized air contaminants into the atmosphere; 30 TAC §122.145(2)(A) and THSC, §382.085(b), by failing to report all instances of deviations; 30 TAC §101.20(2), 40 CFR §63.7(a)(2), and THSC, §382.085(b), by failing to test number three flare within 180 days; and 30 TAC §101.20(2) and §116.115(c), Permit Number 1867A, SC Number 12B, 40 CFR §63.11(b)(3), and THSC, §382.085(b), by failing to properly operate the flare; PENALTY: $24,072; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(27) COMPANY: William Donald Smith dba Sunset Mobile Home Park; DOCKET NUMBER: 2008-0429-MWD-E; IDENTIFIER: RN101703197; LOCATION: Houston, Harris 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 authorization for the discharge of wastewater; PENALTY: $21,840; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(28) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2008-0385-AIR-E; IDENTIFIER: RN104964267; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: industrial organic chemicals plant; RULE VIOLATED: 30 TAC §101.201(b)(1)(G) and (H) and §122.143(4), FOP Number O-01327, General Terms and Conditions (GTC) and SC 2F, and THSC, §382.085(b), by failing to identify in the final record of the reportable emissions event the compound descriptive type of all air contaminants and the estimated total quantities of those compounds; and 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP Number O-01327, GTC and SC 15A, Air Permit Number 20485, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions 1,3-Butadiene, nitrogen oxides (NOX ), and carbon monoxide; PENALTY: $3,224; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(29) COMPANY: Total Petrochemicals USA, Inc.; DOCKET NUMBER: 2008-0243-AIR-E;
IDENTIFIER: RN102457520; LOCATION: Port Arthur, Jefferson County;
TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §§101.20(3),
113.340, 115.352(4), 116.115(c), and 122.143(4), 40 CFR §63.167(a)(1)
and §63.648(a), NSR Permit Numbers 20381, PSD-TX-1005, and N-044,
SC Number 7.E., FOP Number O-02222, Special Terms and Conditions Number
14, and THSC, §382.085(b), by failing to seal two open-ended
lines; 30 TAC §§101.20(3), 115.114(a)(4), 116.115(c), and
122.143(4), NSR Permit Numbers 20381, PSD-TX-1005, and N-044, SC Number
6, FOP Number O-02222, STC Numbers 1.A. and 14, and THSC, §382.085(b),
by failing to conduct inspections of external floating roof tanks;
30 TAC §122.143(4) and §122.145(2)(A), FOP Number O-02222,
GTC, and THSC, §382.085(b), by failing to report the occurrence
of all deviations in the semi-annual deviation report; 30 TAC §§101.20(3),
106.261(2), 116.115(b)(2)(F), 116.115(c), and 122.143(4), NSR Permit
Numbers 20381, PSD-TX-1005, and N-044, SC Number 1, Permit By Rule
Number 74442, FOP Number O-02222, GTC and STC Number 14, and THSC, §382.085(b),
by failing to comply with the condensate splitter heater combined
sulfur dioxide (SO2) maximum allowable
emission rate; 30 TAC §§116.115(b)(2)(F), 116.115(c), and
122.143(4), NSR Permit Number 54026, SC Number 1, FOP Number O-1267,
GTC and STC Number 27, and THSC, §382.085(b), by failing to comply
with the south flare maximum allowable emission rate (MAER) for SO
(30) COMPANY: Weatherford Brothers; DOCKET NUMBER: 2008-0566-WQ-E;
IDENTIFIER: RN105386981; LOCATION: Veribest, Tom Green County; TYPE
OF FACILITY: crop field; RULE VIOLATED: 30 TAC §210.6(3)(A) and §210.24(d)(9),
the Code, §26.121(a), and Authorization for Reclaimed Water Permit
Number R10641003, Limitations I.(f), by failing to prevent the discharge
of reclaimed water from an irrigation site; PENALTY: $1,050; ENFORCEMENT
COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 622 South
Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(31) COMPANY: Zapata County; DOCKET NUMBER: 2008-0203-WQ-E; IDENTIFIER:
RN105391460; LOCATION: Zapata, Zapata County; TYPE OF FACILITY: wastewater
collection system; RULE VIOLATED: the Code, §26.121(a), by failing
to prevent the unauthorized discharge of sewage; PENALTY: $5,000;
SEP offset amount of $4,000 applied to The Rensselaerville Institute
- "Self-Help Rio Grande"; ENFORCEMENT COORDINATOR: Tom Jecha, (512)
239-2576; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen,
Texas 78550-5247, (956) 425-6010.
TRD-200803295
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 24, 2008
Notice issued June 17, 2008.
TCEQ Docket No. 2005-1651-DIS; The Texas Commission on Environmental
Quality (TCEQ) will conduct a hearing on an application for dissolution
(Application) of Montgomery County Municipal Utility District No.
71 (District). The Application was filed with the TCEQ and included
a petition by LGI Land, LLC, as landowner; Woodforest National Bank,
as first lienholder; and Vision Mortgage, Inc., as second lienholder
(Applicants), being owners of property located within the District.
The TCEQ will conduct this hearing under the authority of Chapters
49 and 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas
Administrative Code and the procedural rules of the TCEQ. The TCEQ
will conduct the hearing at: 9:30 a.m., Wednesday, September 10, 2008,
Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas.
The District was created by Acts 1985, 69 Leg., Chapter 857 (SB
1358) on June 15, 1985. Under this law the District had the authority
to operate under Texas Water Code Chapters 49 and 54 as a municipal
utility district. The petition filed with the Application states that
dissolution is desirable and necessary because the District is not
required for the development of land within its boundaries. The petition
filed with the Application states that the District: (1) has not performed
any of the functions for which it was created for five consecutive
years preceding the date of the Application, (2) is financially dormant,
and (3) has no outstanding bonded indebtedness. An affidavit from
the State Comptroller of Public Accounts has been included in the
Application, certifying that the District has no bonded indebtedness.
If the request for dissolution is approved, the District's assets,
if any, will escheat to the State of Texas and will be administered
by the State Comptroller of Public Accounts and disposed of in the
manner provided by Chapter 74 of the Texas Property Code.
The purpose of this hearing is to provide all interested persons
the opportunity to appear and offer testimony for or against the proposal
contained in the Application. At the hearing, pursuant to TWC §49.324,
the TCEQ will determine if the District should be dissolved.
For information regarding the date and time this application will
be heard before the TCEQ, please submit written inquiries to the Office
of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087.
For information concerning the hearing process, please contact the
Public Interest Counsel, MC-103, at the same address. For additional
information, individual members of the public may contact the Districts
Review Team at (512) 239-4691. General information regarding TCEQ
is available on the internet at www.tceq.state.tx.us.
Si desea información en Español, puede llamar al
(512) 239-0200.
Persons with disabilities who plan to attend this hearing and who
need special accommodations at the hearing should call the TCEQ Office
of Public Assistance at 800-687-4040 or 800-RELAY-TX (TDD), at least
one week prior to the hearing.
TRD-200803332
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 25, 2008
Notice issued June 11, 2008.
TCEQ Internal Control No. 05232008-D01; Pederson 631, L.P. (Petitioner)
filed a petition for creation of Fort Bend County Municipal Utility
District No. 188 (District) with the Texas Commission on Environmental
Quality (TCEQ). The petition was filed pursuant to Article XVI, Section
59 of the Constitution of the State of Texas; Chapters 49 and 54 of
the Texas Water Code; 30 Texas Administrative Code Chapter 293; and
the procedural rules of the TCEQ. The petition states the following:
(1) the Petitioner is the owner of a majority in value of the land,
consisting of one tract, to be included in the proposed District;
(2) there is one lien holder, Amegy Bank National Association, on
the property to be included in the proposed District; (3) the proposed
District will contain approximately 631.23 acres located in Fort Bend
County, Texas; and (4) the land within the proposed District is within
the corporate limits or extraterritorial jurisdiction of the City
of Fulshear, Texas (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 $51,040,000.
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-200803331
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 25, 2008
The following notices were issued during the period of May 30,
2008 through June 24, 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
CHANNEL SHIPYARD COMPANY INC which operates Channel Shipyard Company
WWTP, a general vessel cleaning, degassing, and maintenance and repair
facility for barges, has applied for a renewal of TPDES Permit No.
WQ0003059000, which authorizes the discharge of treated wastewater
associated with barge cleaning and repair operations and storm water
at a daily maximum flow not to exceed 5,000 gallons per day via Outfall
001; treated wastewater associated with barge cleaning and repair
operations, similar wastewater from San Jacinto Barge Repair, Inc.
(TPDES Permit No. WQ0003349000), and storm water at a daily maximum
flow not to exceed 70,000 gallons per day via Outfall 002; ballast/void
space water on an intermittant and flow variable basis via Outfalls
003 and 004; and storm water from the wastewater treatment plant containment
area on an intermittent and flow variable basis via Outfall 005. The
facility is located at 999 South Lynchburg Road, adjacent to the Lynchburg
Ferry, approximately two miles south of intersection of Interstate
Highway 10 and Lynchburg Ferry Road, in the City of Baytown, Harris
County, Texas.
CHEVRON PHILLIPS CHEMICAL COMPANY LP which operates an oil field
chemical manufacturing plant, has applied for a major amendment to
TPDES Permit No. WQ0002475000 to authorize the removal of effluent
limitations and monitoring requirements for Total Aluminum at Outfall
001. The current permit authorizes the discharge of treated process
wastewater, boiler blowdown, domestic wastewater, and storm water
at a daily average flow not to exceed 16,000 gallons per day via Outfall
001; and storm water on an intermittent and flow variable basis via
Outfall 002. The facility is located approximately one mile south
of the intersection of Farm-to-Market Road 1485 and Jefferson Chemical
Road and approximately five miles east of the City of Conroe, Montgomery
County, Texas.
CITY OF BEAUMONT has applied for a major amendment to TPDES Permit
No. WQ0010501020 to authorize a change in the effluent limitation
for Total Suspended Solids (TSS) for the internal outfall 120. The
current permit authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 46,000,000 gallons per day.
The facility is located at 4,900 Lafin Road, approximately 3,000 feet
south of the intersection of U.S. Highway 69 and State Highway 124
in Jefferson County, Texas.
CITY OF GOLDTHWAITE has applied for renewal of Permit No. WQ0004522000
to authorize the land application of wastewater treatment plant sewage
sludge for beneficial use on 30 acres. The land application site is
located 500 feet north of the intersection of Farm-to-Market Road
3023 and Texas Highway 16 in Mills County, Texas.
CITY OF GROVES has applied for a renewal of TPDES Permit No. WQ0010094004,
which authorizes the discharge of treated domestic wastewater at an
annual average flow not to exceed 5,320,000 gallons per day. The facility
is located approximately 2,000 feet southeast from the intersection
of State Highway 87 and State Highway 73, and adjacent to Taft Avenue
Extension in southeast direction from the intersection of State Highways
87 and 73 in Jefferson County, Texas.
CITY OF ITASCA has applied for a renewal of TPDES Permit No. WQ0010423001,
which authorizes the discharge of treated domestic wastewater at a
daily average flow not to exceed 378,000 gallons per day. The facility
is located approximately one mile south of the City of Itasca, west
of U.S. Highway 81 and adjacent to the Missouri, Kansas and Texas
Railroad in Hill County, Texas.
CITY OF PYOTE has applied for a major amendment to Permit No. WQ0013986001.
The proposed amendment requests to change the treatment process from
mechanical plant (aeration system) to anaerobic septic tank system.
The current permit authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 11,000 gallons per day via surface
irrigation of 6.52 acres of non-public access land. The wastewater
treatment facility and disposal site are located between U.S. Highway
80 (Business Interstate Route 20) and Interstate Highway 20, approximately
500 feet east of the intersection of Rogers Street (State Highway
115) and U.S. Highway 80 (Business Interstate Route 20) in Ward County,
Texas. This permit will not authorize a discharge of pollutants into
waters in the State.
CITY OF VALENTINE has applied to the TCEQ for a new permit, Proposed
Permit No. WQ0014855001, to authorize the disposal of treated domestic
wastewater at a daily average flow not to exceed 20,000 gallons per
day via surface irrigation of 11 acres of non-public access agricultural
land. This permit will not authorize a discharge of pollutants into
waters in the State. The wastewater treatment facility and disposal
site will be located approximately 2,600 feet northwest of the intersection
of US Highway 90 and Washington Avenue, outside the city limits of
the City of Valentine, in Jeff Davis County, Texas.
ERATH COUNTY DAIRY SALES INC AND JIMMY GAYLON BEYER has applied
for a major amendment of Texas Pollutant Discharge Elimination System
(TPDES) Permit No. WQ0003211000, for a Concentrated Animal Feeding
Operation (CAFO), to authorize the applicant to operate an existing
Livestock Auction Barn at a maximum capacity of 1,838 head, increase
land application acreage from 20 acres to 30.4 acres, and construct
a new wastewater storage pond. The facility is located on the northwest
side of US Highway 377, approximately 3 miles southwest of the intersection
of US Highway 377 and Farm-to-Market Road 988 in Erath County, Texas.
ESCAPEE'S INC has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0014890001, to authorize
the discharge of treated domestic wastewater at a daily average flow
not to exceed 30,000 gallons per day. The facility will be located
at 100 Rainbow Drive, approximately 2 miles south of the intersection
of Farm-to-Market Road 1988 and State Highway 146 South in Polk County, Texas.
FORT BEND MUNICIPAL UTILITY DISTRICT NO 41 has applied for a renewal
of TPDES Permit No. WQ0012475001, which authorizes the discharge of
treated domestic wastewater at a daily average flow not to exceed
860,000 gallons per day. The draft permit authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed
500,000 gallons per day. The facility is located approximately 1,500
feet northwest of the intersection of Voss Road and Old Richmond Road
and approximately 5,000 feet west-northwest of the intersection of
State Highway 6 and Voss Road in Fort Bend County, Texas.
HAMSHIRE COMMUNITY WATER SUPPLY CORPORATION a Municipal Utility
District, has applied for a renewal of TPDES Permit No. WQ0014899001
(formerly TPDES Permit No. WQ0012098003), which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed
56,000 gallons per day. The facility is located approximately 0.6
mile north-northeast of Hamshire High School; 6,300 feet southeast
of Interstate Highway 10 crossing of South Fork of Taylor Bayou; and
7,600 feet east-southeast of Interstate Highway 10 at West Hamshire
Road in Jefferson County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 71 has applied for
a major amendment to TPDES Permit No. WQ0011917001 to authorize the
relocation of Outfall 001. The facility is located at 3200 Chesapeake
Bend Lane, approximately 250 feet downstream from the previously permitted
outfall in Harris County, Texas.
HOUSTON MARINE SERVICES INC has applied for a renewal of TPDES
Permit No. WQ0004651000, which authorizes the discharge of barge void
and ballast water on an intermittent and flow variable basis via Outfall
001. The facility is located at 850 South Lynchburg Road, approximately
two miles south of the Crosby Lynchburg Road Interchange on Interstate
Highway 10, Harris County, Texas.
LAMAR POWER PARTNERS II LLC which proposes to operate Lamar Energy
Center, Expansion Project, has applied for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004846000,
to authorize the discharge of cooling tower blowdown, previously monitored
effluents, and filter backwash water at a daily average flow not to
exceed 1,300,000 gallons per day via Outfall 001. The facility will
be located 3,000 feet south of the intersection of Farm-to-Market
Road 137 and State Road Loop 286, Lamar County, Texas.
LUMINANT MINING COMPANY LLC which operates the Forest Grove Lignite
Mining Area, has applied for a renewal of TPDES Permit No. WQ0002698000,
which authorizes the discharge of treated mine water (groundwater
seeping into mine pits and dewatering well water) and surface water
runoff from "active mining areas, and previously monitored effluents
(PMEs) (treated surface water runoff from "post mining area" reclamation
areas and PMEs [treated domestic wastewater from Outfall 201] from
Outfalls 101 and 102) on an intermittent and flow variable basis via
Outfalls 001 and 002. The facility is located within a 20 mile radius
of Forest Grove Reservoir, approximately seven miles northwest of
the City of Athens, Hendersons and Van Zandt County, Texas.
MARMAC LLC which operates McDonough Marine Service-Channelview
Fleet, has applied for a major amendment to TPDES Permit No. WQ0004633000
to authorize less stringent effluent limitations for total suspended
solids. The current permit authorizes the discharge of void and ballast
water on an intermittent and flow variable basis via Outfall 001.
The facility is located at 17500 Market Street, approximately four
hundred feet south of the Monmouth Drive Interchange Exit 786 on Interstate
10 in the City of Houston, Harris County, Texas.
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 89 has applied
for a renewal of TPDES Permit No. WQ0013985001, which authorizes the
discharge of treated domestic wastewater at a daily average flow not
to exceed 500,000 gallons per day. The facility is located at 29722-1/2
Legends Ridge Drive # 2, approximately 5,200 feet north of the intersection
of Riley Fussell Road and Rayford Road in Montgomery County, Texas.
PORT ARTHUR STEAM ENERGY LP has applied for a renewal of TPDES
Permit No. WQ0004725000, which authorizes the discharge of treated
boiler blowdown from a heat recovery steam generator (HRSG), demineralized
reject and storm water at a daily average flow not to exceed 950,000
gallons per day via Outfall 001. The facility is located on Coke Dock
Road near West 7th in the City of Port Arthur, in Jefferson County, Texas.
REICHHOLD INC which operates an organic chemicals manufacturing
plant, has applied for a major amendment to TPDES Permit No. WQ0000662000
to authorize a reduction in the biomonitoring frequency at Outfall
001; a reduction in monitoring frequency for biochemical oxygen demand
(5-day) and total suspended solids at Outfall 001; and removal of
Item 7 in the Other Requirements. The current permit authorizes the
discharge of process water, utility wastewater, wash water and storm
water at a daily average flow not to exceed 100,000 gallons per day
via Outfall 001. The facility is located at 1503 Haden Road, approximately
0.33 mile south of the intersection of Interstate Highway 10 and Market
Street in the City of Houston, Harris County, Texas.
SOUTH CENTRAL WATER COMPANY has applied for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014868001
to authorize the discharge of treated domestic wastewater at a daily
average flow not to exceed 800,000 gallons per day. The facility will
be located approximately 9700 feet south-south east of the intersection
of Chimney Rock Road and McHard Road (Farm-to-Market Road 2234) in
Fort Bend County, Texas.
SOUTH CENTRAL WATER COMPANY has applied for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014875001,
to authorize the discharge of treated domestic wastewater at a daily
average flow not to exceed 600,000 gallons per day. The facility will
be located approximately 2,800 feet North West of the intersection
of Garrett Road and Fauna Road in Harris County, Texas.
STEPHEN PAUL KREBS has applied for a renewal of TPDES Permit No.
WQ0012691001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 22,500 gallons per day. The
facility is located at No. 3806 on Farm-to-Market Road 1942 in Harris
County, Texas.
SYNTECH CHEMICALS INC which operates a speciality chemicals manufacturing
plant, has applied for a renewal of TPDES Permit No. WQ0003593000
to authorize the discharge of storm water associated with industrial
activity at an intermittent and flow variable rate. The facility is
located at 14822 Hooper Road, approximately 0.25 miles south of Beltway
8 (Sam Houston Parkway) and approximately one mile west of State Highway
288 in unincorporated Harris County, outside the City of Houston,
Texas, Harris County, Texas.
TEXAS INSTRUMENTS INC which operates the Stafford Plant, an electronic
components manufacturing plant, has applied for a major amendment
to TPDES Permit No. WQ0001225000 to authorize less stringent effluent
limitations for total suspended solids at Outfall 001, construction
of a wetland treatment unit; use of Aquashade or Azure Blue to Control
Algae at the equalization/polishing ponds; removal of storm water
- Outfalls 003, 004, 005, 006, and 007; reduce daily average flow
at Outfall 001 from 3,000,000 gallons per day to 1,500,000 gallons
per day and a daily maximum flow from 3,500,000 gallons per day to
3,000,000 gallons per day; revise technology and water quality based
effluent limitations at Outfall 001; revise and clarify language relating
to BUMP wastewaters. The current permit authorizes the discharge of
process wastewater, pretreated BUMP Cu Resin wastewater, non-process
wastewater from site buildings, support wastewater, cooling tower
blowdown, and deionization regenerate at a daily average flow not
to exceed 3,000,000 gallons per day via Outfall 001; discharge of
reverse osmosis (RO) reject water at a daily average flow not to exceed
450,000 gallons per day via Outfall 002; and storm water at intermittent
and flow variable from Outfalls 003, 004, 005, 006, and 007. The facility
is located at 12201 Southwest Freeway, approximately one mile north
of the intersection of U.S. Highway 59 and U.S. Highway 90 in the
City of Stafford, Fort Bend County, Texas.
THE LUBRIZOL CORPORATION which operates a chemical plant which
manufactures specialty chemicals for use as additives in lube oils,
gear oils, and fuels; and chemical monomers for the polymer chemical
industry, has applied for a major amendment to TPDES Permit No. WQ0000639000
to authorize the discharge of groundwater via Outfall 001. The current
permit authorizes the discharge of treated process wastewater, domestic
wastewater, utility wastewater, and storm water at a daily average
dry weather flow not to exceed 1,000,000 gallons per day via Outfall
001; and storm water runoff on an intermittent and flow variable basis
via Outfalls 002, 003, 004, 005, 006, and 007. The facility is located
at 41 Tidal Road, north of State Highway 225, south of the Port Terminal
Railroad, east of Patrick Bayou, and west of the East Fork of Patrick
Bayou, 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.
THE SABINE MINING COMPANY which operates South Hallsville Mine
No.1, a surface lignite coal mine, has applied for a renewal of TPDES
Permit No. WQ0002538000, to authorize the discharge of storm water
runoff and mine pit water from ponds in the active mining area on
an intermittent and flow variable basis via Outfall 001; the discharge
of storm water runoff and mine pit water from ponds in the post mining
area on an intermittent and flow variable basis via Outfall 101; and
the discharge of treated domestic wastewater at a volume not to exceed
a daily average flow of 6,000 gallons per day via Outfall 002. The
facility is located at 6501 Farm-to-Market Road 968 West, south of
Interstate Highway 20 on Farm-to-Market Road 968, east of Farm-to-Market
Road 450, approximately five miles southeast of the City of Hallsville,
Harrison County, Texas.
TIN INC which operates the Orange Linerboard Mill, an unbleached
kraft pulp/paperboard and corrugated container recycle mill, has applied
for a renewal of TPDES Permit No. WQ0001185000, which authorizes the
discharge of treated process wastewater, utility wastewater, sanitary
wastewater, and storm water at a daily average flow not to exceed
31,000,000 gallons per day via Outfall 001, and utility wastewater
and storm water on an intermittent and flow variable basis via Outfall
002. The draft permit authorizes the discharge of treated process
wastewater, utility wastewater, sanitary wastewater, and storm water
at a daily average flow not to exceed 31,000,000 gallons per day via
Outfall 001, non-process area storm water, general facility wash water,
eye wash and safety shower station water, fire systems test water,
hydrostatic test water, utility water and non-contact cooling water
on an intermittent and flow variable basis via Outfall 002. The application
also includes a request that a requirement in the existing permit,
under Operational Requirements be eliminated in accordance with 30
TAC Chapter 350. The facility is located approximately five miles
north of the City of Orange, between State Highway 87 and the Sabine
River, north, of West Bluff Road, Orange County, Texas.
WLSK PASADENA LLC which operates a facility which manages an inactive
gypsum storage pile associated with historical fertilizer manufacturing
at an adjacent site, has applied for a major amendment to TPDES Permit
No. WQ0003999000, to authorize the additional discharge of leachate
via Outfall 001; revise the daily average flow not to exceed 72,000
gallons per day to an annual average flow not to exceed 72,000 gallons
per day via Outfall 001; remove the daily maximum flow limitation
of 108,000 million gallons per day at Outfall 001; and increase the
single grab concentrations for ammonia-nitrogen to 100 mg/l and fluoride
to 75 mg/l at Outfall 001. The current permit authorizes the discharge
of treated gypsum pile wastewater and storm water at a daily average
flow not to exceed 72,000 gallons per day via Outfall 001. The facility
is located on the Houston Ship Channel, at the point where Jefferson
Road terminates at the Houston Ship Channel, in the City of Pasadena,
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.
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-200803329
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 25, 2008
Notice issued June 18, 2008.
APPLICATION NO. 08-5085A; Charles W. Kennedy and Virginia Z. Kennedy,
P.O. Box 877 Crockett, TX 75835, Applicants, have applied for an amendment
to Certificate of Adjudication No. 08-5085 to add non-consumptive
instream use to 175 acre-feet of water per year, Trinity River, Trinity
River Basin in Leon County. More information on the application and
how to participate in the permitting process is given below. The application
and fees were received on February 13, 2007. The application was declared
administratively complete and filed with the Office of the Chief Clerk
on June 27, 2007. Written public comments and requests for a public
meeting should be submitted to the Office of Chief Clerk, at the address
provided in the information section below, within 30 days of the date
of newspaper publication of the notice.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web
site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call
the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of
the complete notice. When searching the web site, type in the issued
date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment,
and is not a contested case hearing.
The Executive Director can consider approval of an application
unless a written request for a contested case hearing is filed. To
request a contested case hearing, you must submit the following: (1)
your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any: (2)
applicant's name and permit number; (3) the statement "I/we request
a contested case hearing;" and (4) a brief and specific description
of how you would be affected by the application in a way not common
to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests
for a contested case hearing must be submitted in writing to the TCEQ
Office of the Chief Clerk at the address provided in the information
section below.
If a hearing request is filed, the Executive Director will not
issue the requested permit and may forward the application and hearing
request to the TCEQ Commissioners for their consideration at a scheduled
Commission meeting.
Written hearing requests, public comments or requests for a public
meeting should be submitted to 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-200803330
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 25, 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) 463-5780 or (800)
325-8506.
Deadline: Lobby Activities Report due February 11, 2008
Mark Seale, P.O. Box 301805, Austin, Texas 78703
Deadline: Lobby Activities Report due March 10, 2008
Mark Seale, P.O. Box 301805, Austin, Texas 78703
Deadline: Personal Financial Statement due February 11, 2008
Melvin 'Van' Brookshire, 8130 State Highway 150 West, Coldsprings, Texas 77331
Phillip S. Smart, P.O. Box 217, Ferris, Texas 75125
Patrick Warren, 8282 Cambridge #602, Houston, Texas 77054
Deadline: Personal Financial Statement due April 30, 2008
Les Bunte, 3329 West Amity Road, Salado, Texas 76571
C. Kent Conine, 5300 Town & Country Boulevard, Suite 190, Frisco, Texas 75034
Kenneth R. Darden, P.O. Box 1005, Livingston, Texas 77351
Conrado 'Connie' de la Garza, 2814 Lotus, Harlingen, Texas 78550
Jose E. de Santiago, Sr., 15927 Jove Street, Houston, Texas 77060
Hector Farias, 705 South Texas Boulevard, Weslaco, Texas 78596
Ricardo Jose Guerra, 2401 South IH-35, Suite 210, Austin, Texas 78741
Anton E. 'Tony' Hackebeil, P.O. Box 220, Hondo, Texas 78861-0220
Edward Johnson, 1711 San Jacinto Boulevard, Austin, Texas 78701
Jack D. Ladd, 3930 Fairwood Court, Midland, Texas 79707-1428
E. Javier Loya, 8607 Pasture View Lane, Houston, Texas 77024-7039
Rogelio 'Roy' Martinez, 1305 Fullerton Avenue, McAllen, Texas 78504
Lee William McNutt III, 3716 McFarlin, Dallas, Texas 75205
Isabel C. Menendez, M.D., P.O. Box 849, Portland, Texas 78374
John C. Morris, 213 Cottontail Drive, Leander, Texas 78641
Cliff Mountain, 2909 Meandering River court, Austin, Texas 78746
Cindy Ramos-Davidson, 520 Pinar Del Rio, El Paso, Texas 79932
John W. Riddle, 12615 Brandi Lane, Willis, Texas 77378
Asa Wesley Sampson, Sr., 2206 Canterbury Drive, League City, Texas 77573
Rebecca Spurlock, 7449 Woodhaven Drive, North Richland Hills, Texas 76180
Gene Stallings, 6508 County Road 43200, Powderly, Texas 75473
Calvin W. Stephens, 9429 Rocky Branch Drive, Dallas, Texas 75243
Galen Ray Sumrow, 1101 Ridge Road, Suite 104, Rockwall, Texas 75087
Deadline: 8-Day Pre-Election Report due February 25, 2008
Tracy A. Smith, Wise County Active Democrats, 1562 County Road
2625, Decatur, Texas 76234
Deadline: Monthly Report due April 7, 2008
Phyllis A. Traylor, Montgomery County Law Enforcement Association,
P.O. Box 2545, Conroe, Texas 77305-2545
Deadline: 8-Day Pre-Election Report due May 2, 2008
Eugene M. Rackley IV, Coca-Cola Enterprises, Inc. Employees Nonpartisan
Committee, 2500 Windy Ridge Parkway, Atlanta, Georgia 30339
TRD-200803283
David A. Reisman
Executive Director
Texas Ethics Commission
Filed: June 23, 2008
Request for Proposals #303-8-11903
The Texas Facilities Commission (TFC), on behalf of the Department
of Public Safety (DPS), announces the issuance of Request for Proposals
(RFP) #303-8-11903. TFC seeks a five or ten year lease of approximately
1,825 square feet of office space in Fort Worth, Tarrant, Texas.
The deadline for questions is July 11, 2008 and the deadline for
proposals is July 18, 2008 at 3:00 p.m. The award date is August 20,
2008. TFC reserves the right to accept or reject any or all proposals
submitted. TFC is under no legal or other obligation to execute a
lease on the basis of this notice or the distribution of a RFP. Neither
this notice nor the RFP commits TFC to pay for any costs incurred
prior to the award of a grant.
Parties interested in submitting a proposal may obtain information
by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy
of the RFP may be downloaded from the Electronic State Business Daily
at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=77398.
TRD-200803334
Kay Molina
General Counsel
Texas Facilities Commission
Filed: June 25, 2008
The Texas Facilities Commission (TFC), on behalf of the Department
of Family and Protective Services, announces the issuance of Request
for Proposals (RFP) #303-8-11953. TFC seeks a five year lease of approximately
4,295 square feet of office space in Granbury, Hood County, Texas.
The deadline for questions is July 11, 2008 and the deadline for
proposals is July 18, 2008 at 3:00 p.m. The award date is August 20,
2008. TFC reserves the right to accept or reject any or all proposals
submitted. TFC is under no legal or other obligation to execute a
lease on the basis of this notice or the distribution of a RFP. Neither
this notice nor the RFP commits TFC to pay for any costs incurred
prior to the award of a grant.
Parties interested in submitting a proposal may obtain information
by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy
of the RFP may be downloaded from the Electronic State Business Daily
at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=77370.
TRD-200803308
Kay Molina
General Counsel
Texas Facilities Commission
Filed: June 24, 2008
The Texas Facilities Commission (TFC), on behalf of the Health
and Human Services Commission, announces the issuance of Request for
Proposals (RFP) #303-8-11954. TFC seeks a 5 year lease of approximately
11,127 square feet of office space in Dallas, Dallas County, Texas.
The deadline for questions is July 11, 2008 and the deadline for
proposals is July 21, 2008 at 3:00 p.m. The award date is August 20,
2008. TFC reserves the right to accept or reject any or all proposals
submitted. TFC is under no legal or other obligation to execute a
lease on the basis of this notice or the distribution of a RFP. Neither
this notice nor the RFP commits TFC to pay for any costs incurred
prior to the award of a grant.
Parties interested in submitting a proposal may obtain information
by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy
of the RFP may be downloaded from the Electronic State Business Daily
at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=77380.
TRD-200803309
Kay Molina
General Counsel
Texas Facilities Commission
Filed: June 24, 2008
The Texas Facilities Commission (TFC), on behalf of the Health
and Human Services Commission (HHSC), announces the issuance of Request
for Proposals (RFP) #303-8-11957. TFC seeks a five year lease of approximately
4,171 square feet of office space in Kaufman, Kaufman County, Texas.
The deadline for questions is July 11, 2008 and the deadline for
proposals is July 21, 2008 at 3:00 p.m. The award date is August 20,
2008. TFC reserves the right to accept or reject any or all proposals
submitted. TFC is under no legal or other obligation to execute a
lease on the basis of this notice or the distribution of a RFP. Neither
this notice nor the RFP commits TFC to pay for any costs incurred
prior to the award of a grant.
Parties interested in submitting a proposal may obtain information
by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy
of the RFP may be downloaded from the Electronic State Business Daily
at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=77383.
TRD-200803336
Kay Molina
General Counsel
Texas Facilities Commission
Filed: June 25, 2008
Notice of Extension of Public Comment Period
The General Land Office (GLO) hereby gives notice that it is providing
an additional 30-day extension of the period for public comment for
a total of 90 days for proposed rule amendments and new rules concerning
31 TAC Chapter 15 relating to Coastal Area Planning, Subchapter A,
Management of the Beach/Dune System, and Subchapter B, Coastal Erosion
Planning and Response originally published in the May 16, 2008, issue
of the Texas Register (33 TexReg 3885)
and (33 TexReg 3894) respectively. The initial 30-day extension was
published in the June 13, 2008, issue of the Texas Register
(33 TexReg 4748).
The GLO proposed amendments to §15.2, relating to definitions
of small and large scale construction and restoration and §15.3,
relating to review periods for large and small scale construction,
standard and expedited periods for review of local government beach
and dune plans by the GLO, and determination of the line of vegetation
by the GLO necessary for establishing the boundary of the public beach
easement. The GLO proposed an amendment to §15.8, relating to
beach user fees. The GLO also proposed new §15.16 and amended §15.41
in order to provide guidelines for local governments to establish
Erosion Response Plans (ERPs) that incorporate a building set-back line.
To comment on the proposed rulemaking, please send a written comment
to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office,
P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311
or email to walter.talley@glo.state.tx.us. Written comments must be
received no later than 5:00 p.m., August 15, 2008.
TRD-200803242
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: June 23, 2008
The Texas General Land Office (GLO) will conduct public hearings
in the City of Galveston and on Bolivar Peninsula on July 8, 2008,
to receive public comment on proposed rule amendments and new rules
concerning 31 TAC Chapter 15 relating to Coastal Area Planning, Management
of the Beach/Dune System, and Coastal Erosion Planning and Response
originally published in the May 16, 2008, issue of the Texas Register
at (33 TexReg 3885) and (33
TexReg 3894). The GLO proposed amendments to §15.2, relating
to definitions; amendments to §15.3, relating to review periods
for proposed construction, review periods for local government beach
and dune plans, and determination of the line of vegetation by the
GLO; and §15.8, relating to beach user fees. The GLO also proposed
new §15.16 and amended §15.41 in order to provide guidelines
for local governments to establish erosion response plans that incorporate
a building set-back line.
The hearings will be held in compliance with §2001.029 of
the Texas Government Code to provide all interested persons a reasonable
opportunity to submit data, views, or arguments, orally or in writing
on the proposed rulemaking. A public hearing will be held in the City
of Galveston on Tuesday, July 8, 2008, 11:00 a.m. to 2:00 p.m. The
hearing in the City of Galveston will be held in the Jury Assembly
Room on the 1st floor of the Galveston County Justice Center located
at 600 59th Street in Galveston, Texas. Note: Persons attending the
public hearing in the City of Galveston should allow sufficient time
for routine security screening for entry to the County Justice Center.
A public hearing will also be held on Bolivar Peninsula on July
8, 2008 from 4:00 p.m. to 6:00 p.m. The hearing on Bolivar Peninsula
will be held in the Galveston County Annex Building located at 946
Noble Carl Road in Crystal Beach, Texas. Note: The Galveston County
Annex is located directly behind the Crystal Beach Community Center
facing Texas Highway 87 approximately 9.9 miles from the ferry landing.
Written comments regarding the proposed rule may be submitted in
lieu of testimony at the hearing or may be sent by U.S. mail to Mr.
Walter Talley, Texas Register Liaison, Texas General Land Office,
P.O. Box 12873, Austin, TX 78711, facsimile number (512) 463-6311
or email to walter.talley@glo.state.tx.us no later than August 15,
2008. Persons with disabilities who wish to attend the hearing and
require auxiliary aids or services should contact Carly Bohn, Coastal
Resources Program, Texas General Land Office, P.O. Box 12873 Austin,
Texas 78711-2873, (512) 463-3550, by July 7, 2008, so that appropriate
arrangements can be made.
TRD-200803320
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: June 25, 2008
Notice of Availability of Texas Community Mental Health Services State Plan (Federal Community Mental Health Block Grant)
The Federal Community Mental Health Block Grant statute (42 USC
300x-51) requires that the Department of State Health Services (department)
make the Texas Community Mental Health Services State Plan available
for public comment during its development.
The department is currently preparing the plan for Fiscal Year
(FY) 2009 to describe the intended use of the Federal Community Mental
Health Block Grant funds. These funds must be utilized by the department
to develop new initiatives and/or enhance already existing service
delivery systems for adults with severe mental illness and children
with serious emotional disturbance.
When the draft of the FY 2009 Texas Community Mental Health Services
State Plan is available (on or about July 14, 2008), it may be obtained
on the department's website http://www.dshs.state.tx.us/mhsa/mhbg;
or by contacting Mary Sowder at the following address: Operation Services,
Community Mental Health and Substance Abuse Section, Department of
State Health Services, Mail Code: 2053, P.O. Box 149347, Austin, Texas
78714-9347; telephone (512) 206-5814.
Comments regarding the FY 2009 Texas Community Mental Health Services
State Plan should be directed to: MHBG@dshs.state.tx.us; or Mary Sowder,
Operation Services, Community Mental Health and Substance Abuse Section,
Department of State Health Services, Mail Code: 2053, P.O. Box 149347,
Austin, Texas 78714-9347.
Comments must be received by 5:00 p.m. Central Daylight Saving
Time, Thursday, August 14, 2008.
TRD-200803176
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: June 20, 2008
Federal statutes (42 USC 300x-21-64) governing the Substance Abuse
Prevention and Treatment Block Grant (SAPTBG) include provisions that
require the state to provide an annual report of current service activities
and make available for public comment a description of the intended
use of block grant funds in advance of each federal fiscal year.
The funds made available through the SAPTBG are to be used for
maintaining and enhancing a quality statewide substance abuse service
system and highlighting priority issues related to federally-funded
substance abuse prevention and treatment services statewide. When
the SAPTBG Intended Use Plan is available (on or about July 21, 2008),
it can be obtained on the Department of State Health Services (department)
website http://www.dshs.state.tx.us/mhsa/sabg; or by contacting Mary
Sowder at the following address: Operation Services, Community Mental
Health and Substance Abuse Section, Department of State Health Services,
Mail Code: 2053, P.O. Box 149347, Austin, Texas 78714-9347; telephone
(512) 206-5814.
Public comments received by the department will be considered in
the preparation and development of the FY 2009 Continuation Application.
Comments regarding the FY 2009 SAPTBG and the Intended Use Plan
should be directed to: SAPTBG@dshs.state.tx.us; or Mary Sowder, Operation
Services, Community Mental Health and Substance Abuse Section, Department
of State Health Services, Mail Code: 2053, P.O. Box 149347, Austin,
Texas 78714-9347.
Comments must be received by 5:00 p.m. Central Daylight Saving
Time, Thursday, August 14, 2008.
TRD-200803175
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: June 20, 2008
Notice of Hearing on Proposed Payment Rate
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public rate hearing to receive
public comment on the proposed payment rate for breast reconstruction
procedures provided by Ambulatory Surgical Centers (ASC) and Hospital
Ambulatory Surgical Centers (HASC) services. HHSC is responsible for
determining reimbursement amounts for the Texas Medicaid Program.
The rate hearing will be held on Monday, July 21, 2008, at 10:00
a.m. in the Palo Duro Canyon Conference Room of the Braker Center,
Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Entry
is through Security at the entrance of 11209 Metric Boulevard. The
hearing will be held in compliance with Title 1 of the Texas Administrative
Code (TAC) §355.201(e) - (f) and Texas Human Resources Code §32.0282,
which require public hearings on proposed payment rates for medical
assistance programs.
Proposal. The proposed payment rate
is for breast reconstruction with deep inferior epigastric perforator
(diep) flap, including microvascular anastomosis and closure of donor
site, unilateral, under HCPCS code S2068 for type of service F. This
affects payments made to ASCs and HASCs. The proposed payment rate
will be effective July 1, 2008.
Methodology and justification. The
proposed rate was determined in accordance with the rate reimbursement
setting methodology at 1 TAC §355.8121, which addresses the reimbursement
methodology for ASCs and HASCs.
Written Comments. Written comments
regarding the proposed reimbursement rate may be submitted in lieu
of testimony until 5:00 p.m. the day of the hearing. Written comments
may be sent by U.S. mail to the attention of Amber Lovett, HHSC Rate
Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200 or by
email to amber.lovett@hhsc.state.tx.us. Express mail can be sent,
or written comments can be hand delivered, to Ms. Lovett, HHSC Rate
Analysis, MC H-400, Braker Center Building H, at 11209 Metric Boulevard,
Austin, Texas 78758-4021. Alternatively, written comments may be sent
via facsimile to Ms. Lovett at (512) 491-1998.
Briefing Package. Interested parties
may request to have mailed to them or may pick up a briefing package
concerning the proposed payment rate on or after July 7, 2008, by
contacting Ms. Lovett by telephone at (512) 491-1371, or by email
to amber.lovett@hhsc.state.tx.us, or by mail HHSC Rate Analysis, MC
H-400 P.O. Box 85200, Austin, Texas 78708-5200. Briefing packages
also will be available at the hearing.
People with disabilities who wish to attend the hearing and require
auxiliary aids or services should contact Kimbra Rawlings at (512)
491-1174 by July 18, 2008, so appropriate arrangements can be made.
TRD-200803312
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 24, 2008
The Texas Health and Human Services Commission (HHSC) announces
its intent to submit to the Centers for Medicare and Medicaid Services
an amendment to the Women's Health Program (WHP) demonstration waiver,
which is a Medicaid family planning waiver under the authority of §1115
of the Social Security Act. The proposed effective date of this amendment
is October 1, 2008.
The WHP provides family planning services for uninsured women,
ages 18 through 44, who are not otherwise eligible for Medicaid, the
State Children's Health Insurance Program, or Medicare, and have a
family income at or below 185 percent of the Federal Poverty Level.
The waiver program is authorized under Human Resources Code §32.0248,
which lists the general categories of services which may be covered
under the program.
The waiver amendment proposes to include the following new benefits
and procedure codes under the program:
1) One code for a new office client visit;
2) Two codes for the ultrasound exam of the abdomen (to locate
a missing intrauterine device);
3) One code for the ultrasound of an extremity (to locate a missing
implanted contraceptive rod in the arm, brand name Implanon);
4) Four new contraceptive method codes related to the implanted
contraceptive rod, brand name Implanon;
5) Four new lab test codes: a) Thyroid Stimulating Hormone (to
rule out thyroid problems when a woman has missed her period for
several months), b) Three Herpes tests; and
6) Three codes related to Essure, a non-surgical sterilization method.
These specific benefits are allowable under the general categories
of services provided under the current waiver and under Human Resources
Code §32.0248. These additional benefits will make WHP coverage
more similar to the family planning services offered through the Department
of State Health Services family planning programs funded through Titles
V and XX of the Social Security Act and Title X of the Public Health
Service Act.
This amendment to the demonstration waiver will maintain budget
neutrality for each year that the waiver is in effect. The waiver
has been approved for a five-year period from 2007 through 2011.
To obtain copies of the waiver amendment, or to make comments on
this waiver amendment, interested parties may contact Carmen Samilpa-Hernandez
by mail at Health and Human Services Commission, P.O. Box 85200, H-620,
Austin, Texas 78708-5200; by telephone at (512) 491-1128; by facsimile
at (512) 491-1953; or by e-mail at carmen.samilpa-hernandez@hhsc.state.tx.us.
TRD-200803310
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 24, 2008
Application for incorporation to the State of Texas by NEW CENTURY
INSURANCE COMPANY, a domestic fire and/or casualty company. The home
office is in Temple Texas.
Application to change the name of WESTERN DIVERSIFIED CASUALTY
INSURANCE COMPANY to ARCH INDEMNITY INSURANCE COMPANY, a foreign fire
and/or casualty company. The home office is in Omaha, Nebraska.
Any objections must be filed with the Texas Department of Insurance,
within twenty (20) calendar days from the date of the Texas Register
publication, addressed to
the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C,
Austin, Texas 78701.
TRD-200803323
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: June 25, 2008
The Commissioner of Insurance will hold a public hearing under
Docket No. 2685 on July 18, 2008, at 9:30 a.m., in Room 100 of the
William P. Hobby, Jr., State Office Building, 333 Guadalupe Street,
Austin, Texas 78701, to consider the reappointment of a public representative
to the Board of Directors of the Texas Windstorm Insurance Association
(Association). Georgia Rutherford Neblett, an Association policyholder
and a resident of Port Aransas, Texas, has been nominated by the Office
of Public Insurance Counsel (OPIC) to be reappointed to the Board
of the Association to serve a three-year term as one of two public
representatives.
The hearing is held pursuant to the Insurance Code §2210.008,
which provides that the Commissioner, after notice and hearing, may
issue any orders considered necessary to carry out the purposes of
the Insurance Code Chapter 2210. Any person may appear and testify
for or against the proposed appointment.
The Insurance Code §2210.102(a) provides that the Association's
Board of Directors shall be composed of nine members. The Insurance
Code §2210.102(a)(2) provides that two of the Association's board
members shall be public representatives who are nominated by OPIC
and who, as of the date of the appointment, reside in a catastrophe
area, and are policyholders of the Association. The Insurance Code §2210.102(b)
also specifies that the persons appointed as public representatives
must be from different counties.
The Insurance Code §2210.103(a) provides that members of the
Association's Board of Directors serve three-year staggered terms
with the terms of three members expiring on the third Tuesday of March
of each year.
Any questions concerning this matter should be addressed to Marilyn
Hamilton, Associate Commissioner, Personal and Commercial Lines Division,
MC 104-PC, Texas Department of Insurance, P.O. Box 149104, Austin,
Texas 78714-9104.
TRD-200803206
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: June 20, 2008
The Commissioner of Insurance (Commissioner) will hold a public
hearing under Docket No. 2688, on July 18, 2008, at 9:30 a.m., in
Room 100 of the William P. Hobby, Jr., State Office Building, 333
Guadalupe Street, Austin, Texas 78701, to consider a proposal by the
Texas Windstorm Insurance Association (TWIA) seeking an upward modification
to the ten percent (10%) surcharge applicable to TWIA policies of
windstorm and hail insurance that are issued on residential structures
that qualify under TWIA regulations that specify eligibility criteria
for structures to be approved for insurability without an inspection.
TWIA has requested approval of an increase in the surcharge from the
current ten percent (10%) to fifteen percent (15%).
Pursuant to the Insurance Code §2210.251(a), to be considered
insurable property by TWIA, the property must be inspected or approved
by the Department of Insurance (Department) for compliance with the
TWIA plan of operation. The TWIA regulations that allow structures
to be approved for insurability without an inspection are approved
pursuant to the plan of operation, and are necessary to provide an
approval process to provide wind and hail insurance coverage that
may be otherwise unavailable to residential structures currently insured
in the voluntary market that do not have a certificate of compliance
as evidence of insurability as required by TWIA.
The Insurance Code §2210.351 requires TWIA to file with the
Department every manual of classifications, rules, rates (including
condition charges), rating plan, and every modification of any of
the foregoing which it proposes to use.
The Insurance Code §2210.008 provides that the Commissioner,
after notice and hearing, may issue any order considered necessary
to carry out the purposes of the Texas Windstorm Insurance Association
Act, including but not limited to, maximum rates, competitive rates,
and policy forms.
The hearing is held pursuant to the Insurance Code §2210.008
and §2210.351. Any person may appear to testify for or against
the approval of the proposed increase in the surcharge for residential
policies as specified in this proposal.
A copy of TWIA's surcharge filing is available for review in the
Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe
Street, Austin, Texas 78714-9104. To request a copy of the surcharge
filing, please contact Sylvia Gutierrez at (512) 463-6327 (refer to
Reference No. P-0208-04).
TRD-200803207
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: June 20, 2008
Instant Game Number 1082 "Lucky Dice Doubler"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1082 is "LUCKY DICE DOUBLER". The
play style is "add up with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1082 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1082.
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 DICE SYMBOL, 2 DICE SYMBOL, 3 DICE SYMBOL, 4 DICE SYMBOL, 5
DICE SYMBOL, 6 DICE SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $25.00,
$50.00, $100, $500, $2,000 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 GAME NO. 1082 - 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, $100 or $500.
H. High-Tier Prize - A prize of $2,000 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 (1082), 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: 1082-0000001-001.
K. Pack - A pack of "LUCKY DICE DOUBLER" 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
"LUCKY DICE DOUBLER" Instant Game No. 1082 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 "LUCKY DICE DOUBLER" Instant
Game is determined once the latex on the ticket is scratched off to
expose 24 (twenty-four) Play Symbols. If the player's total is 7 (seven)
within a ROLL, the player wins the PRIZE shown for that ROLL. If the
player's total is 11 within a ROLL, the player wins DOUBLE the PRIZE
shown for that ROLL. 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 24 (twenty-four) 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
24 (twenty-four) 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 24 (twenty-four) Play Symbols must be exactly one
of those described in Section 1.2.C of these Game Procedures;
17. Each of the 24 (twenty-four) 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 ROLLS in the same order on a ticket.
C. No three or more matching non-winning prize symbols on a ticket.
D. A ROLL will total "11" (doubler) only as dictated by the prize structure.
E. No single ROLL will create "snake eyes" which are two "1" dice.
F. The top prize will appear on every ticket unless otherwise restricted.
G. Winning prize amounts will never be the same as non-winning
prize amounts on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "LUCKY DICE DOUBLER" Instant Game prize of $2.00,
$4.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall
sign the back of the ticket in the space designated on the ticket
and present the winning ticket to any Texas Lottery Retailer. The
Texas Lottery Retailer shall verify the claim and, if valid, and upon
presentation of proper identification, if appropriate, make payment
of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not required to pay a
$50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide
the claimant with a claim form and instruct the claimant on how to
file a claim with the Texas Lottery. If the claim is validated by
the Texas Lottery, a check shall be forwarded to the claimant in the
amount due. In the event the claim is not validated, the claim shall
be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "LUCKY DICE DOUBLER" Instant Game prize of $2,000
or $20,000, the claimant must sign the winning ticket and present
it at one of the Texas Lottery's Claim Centers. If the claim is validated
by the Texas Lottery, payment will be made to the bearer of the validated
winning ticket for that prize upon presentation of proper identification.
When paying a prize of $600 or more, the Texas Lottery shall file
the appropriate income reporting form with the Internal Revenue Service
(IRS) and shall withhold federal income tax at a rate set by the IRS
if required. In the event that the claim is not validated by the Texas
Lottery, the claim shall be denied and the claimant shall be notified
promptly.
C. As an alternative method of claiming a "LUCKY DICE 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;
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 "LUCKY DICE 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 "LUCKY DICE 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
8,040,000 tickets in the Instant Game No. 1082. The approximate number
and value of prizes in the game are as follows:
FIGURE 2: 16 GAME NO. 1082 - 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.
1082 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. 1082, 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-200803172
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 19, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1088 is "TRIPLE TRIPLER". The play
style is "key number match with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1088 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 1088.
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, 4, 5, 6, 7, 8, 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, 3X, 9X, $3.00, $6.00, $9.00, $10.00, $15.00, $18.00,
$24.00, $30.00, $60.00, $90.00, $300, $3,000, and $30,000.
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 GAME NO. 1088 - 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 $3.00, $6.00, $9.00, $15.00, $18.00 or $24.00.
G. Mid-Tier Prize - A prize of $30.00, $60.00, $90.00 or $300.
H. High-Tier Prize - A prize of $3,000 or $30,000.
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 (1088), 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: 1088-0000001-001.
K. Pack - A pack of "TRIPLE TRIPLER" Instant Game tickets contains
125 tickets, packed in plastic shrink-wrapping and fanfolded in pages
of one (1). There will be 2 fanfold configurations for this game.
Configuration A will show the front of ticket 001 and the back of
ticket 125. Configuration B will show the back of ticket 001 and the
front of ticket 125.
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
"TRIPLE TRIPLER" Instant Game No. 1088 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 "TRIPLE TRIPLER" Instant Game is determined
once the latex on the ticket is scratched off to expose 33 (thirty-three)
Play Symbols. If a player matches any of YOUR NUMBERS play symbols
to any of the WINNING NUMBERS play symbols, the player wins PRIZE
shown for that number. If a player reveals a "3X" play symbol, the
player wins 3 (three) TIMES the PRIZE shown for that symbol. If a
player reveals a "9X" play symbol, the player wins 9 (nine) TIMES
the prize shown for that symbol. No portion of the display printing
nor any extraneous matter whatsoever shall be usable or playable as
a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 33 (thirty-three) Play Symbols must appear under the
latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol
Caption;
3. Each of the Play Symbols must be present in its entirety and
be fully legible;
4. Each of the Play Symbols must be printed in black ink except
for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket
Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's
codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated,
altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an
authorized manner;
11. The ticket must not have been stolen, nor appear on any list
of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and
Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly
33 (thirty-three) Play Symbols under the latex overprint on the front
portion of the ticket, exactly one Serial Number, exactly one Retailer
Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond
with the Texas Lottery's Serial Numbers for winning tickets, and a
ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered,
defective or printed or produced in error;
16. Each of the 33 (thirty-three) Play Symbols must be exactly
one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 33 (thirty-three) Play Symbols on the ticket must
be printed in the Symbol font and must correspond precisely to the
artwork on file at the Texas Lottery; the ticket Serial Numbers must
be printed in the Serial font and must correspond precisely to the
artwork on file at the Texas Lottery; and the Pack-Ticket Number must
be printed in the Pack-Ticket Number font and must correspond precisely
to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every
respect and correspond precisely to the artwork on file at the Texas
Lottery; and
19. The ticket must have been received by the Texas Lottery by
applicable deadlines.
B. The ticket must pass all additional validation tests provided
for in these Game Procedures, the Texas Lottery's Rules governing
the award of prizes of the amount to be validated, and any confidential
validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However,
the Executive Director may, solely at the Executive Director's discretion,
refund the retail sales price of the ticket. In the event a defective
ticket is purchased, the only responsibility or liability of the Texas
Lottery shall be to replace the defective ticket with another unplayed
ticket in that Instant Game (or a ticket of equivalent sales price
from any other current Instant Lottery game) or refund the retail
sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play
data, spot for spot.
B. The "3X" (tripler) and "9X" (win X 9) play symbols will only
appear on intended winning tickets and only as dictated by the prize
structure.
C. No three (3) or more matching non-winning prize symbols 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. 3 and $3).
H. The top prize will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "TRIPLE TRIPLER" Instant Game prize of $3.00, $6.00,
$9.00, $15.00, $18.00, $24.00, $30.00, $60.00, $90.00 or $300, a claimant
shall sign the back of the ticket in the space designated on the ticket
and present the winning ticket to any Texas Lottery Retailer. The
Texas Lottery Retailer shall verify the claim and, if valid, and upon
presentation of proper identification, if appropriate, make payment
of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not required to pay a
$30.00, $60.00, $90.00 or $300 ticket. In the event the Texas Lottery
Retailer cannot verify the claim, the Texas Lottery Retailer shall
provide the claimant with a claim form and instruct the claimant on
how to file a claim with the Texas Lottery. If the claim is validated
by the Texas Lottery, a check shall be forwarded to the claimant in
the amount due. In the event the claim is not validated, the claim
shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "TRIPLE TRIPLER" Instant Game prize of $3,000 or
$30,000, the claimant must sign the winning ticket and present it
at one of the Texas Lottery's Claim Centers. If the claim is validated
by the Texas Lottery, payment will be made to the bearer of the validated
winning ticket for that prize upon presentation of proper identification.
When paying a prize of $600 or more, the Texas Lottery shall file
the appropriate income reporting form with the Internal Revenue Service
(IRS) and shall withhold federal income tax at a rate set by the IRS
if required. In the event that the claim is not validated by the Texas
Lottery, the claim shall be denied and the claimant shall be notified
promptly.
C. As an alternative method of claiming a "TRIPLE TRIPLER" 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 "TRIPLE TRIPLER" 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 "TRIPLE TRIPLER" 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. 1088. The approximate number
and value of prizes in the game are as follows:
FIGURE 2: 16 GAME NO. 1088 - 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.
1088 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. 1088, 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-200803173
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 19, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1089 is "TRIPLE DOUGH $$$". The
play style is "key number match with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1089 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 1089.
A. Display Printing - That area of the instant game ticket outside
of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the
Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front
of the instant ticket that is used to determine eligibility for a
prize. Each Play Symbol is printed in Symbol font in black ink in
positive except for dual-image games. The possible black play symbols
are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, $$$ SYMBOL, $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00,
$20.00, $30.00, $60.00, $100 and $300.
D. Play Symbol Caption - 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 GAME NO. 1089 - 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, $4.00, $6.00,
$10.00 or $20.00.
G. Mid-Tier Prize - A prize of $30.00, $60.00, $100 or $300.
H. 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.
I. Pack-Ticket Number - A 14 (fourteen) digit number consisting
of the four (4) digit game number (1089), 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: 1089-0000001-001.
J. Pack - A pack of "TRIPLE DOUGH $$$" Instant Game tickets contains
150 tickets, packed in plastic shrink-wrapping and fanfolded in pages
of five (5). Tickets 001 to 005 will be on the top page; tickets 006
to 010 on the next page; etc.; and tickets 146 to 150 will be on the
last page with backs exposed. Ticket 001 will be folded over so the
front of ticket 001 and 010 will be exposed.
K. Non-Winning Ticket - A ticket which is not programmed to be
a winning ticket or a ticket that does not meet all of the requirements
of these Game Procedures, the State Lottery Act (Texas Government
Code, Chapter 466), and applicable rules adopted by the Texas Lottery
pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
L. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery
"TRIPLE DOUGH $$$" Instant Game No. 1089 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 "TRIPLE DOUGH $$$" Instant Game is determined
once the latex on the ticket is scratched off to expose 12 (twelve)
Play Symbols. If a player matches any of YOUR NUMBERS play symbols
to either WINNING NUMBER play symbol, the player wins PRIZE shown
for that number. If a player reveals a "$$$" play symbol, the player
wins TRIPLE 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 12 (twelve) 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
12 (twelve) 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 12 (twelve) Play Symbols must be exactly one of
those described in Section 1.2.C of these Game Procedures;
17. Each of the 12 (twelve) 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 YOUR NUMBERS play symbols on a ticket.
D. Non-winning prize symbols will never be the same as the winning
prize symbol(s).
E. No duplicate WINNING NUMBERS play symbols on a ticket.
F. The top prize will appear on every ticket unless otherwise restricted
by the prize structure.
G. The "$$$" (tripler) play symbol will only appear on winning
tickets as dictated by the prize structure.
H. No prize amount in a non-winning spot will correspond with the
YOUR NUMBERS play symbol (i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "TRIPLE DOUGH $$$" Instant Game prize of $1.00, $2.00,
$3.00, $4.00, $6.00, $10.00, $20.00, $30.00, $60.00, $100 or $300,
a claimant shall sign the back of the ticket in the space designated
on the ticket and present the winning ticket to any Texas Lottery
Retailer. The Texas Lottery Retailer shall verify the claim and, if
valid, and upon presentation of proper identification, if appropriate,
make payment of the amount due the claimant and physically void the
ticket; provided that the Texas Lottery Retailer may, but is not required
to pay a $30.00, $60.00, $100 or $300 ticket. In the event the Texas
Lottery Retailer cannot verify the claim, the Texas Lottery Retailer
shall provide the claimant with a claim form and instruct the claimant
on how to file a claim with the Texas Lottery. If the claim is validated
by the Texas Lottery, a check shall be forwarded to the claimant in
the amount due. In the event the claim is not validated, the claim
shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. As an alternative method of claiming a "TRIPLE DOUGH $$$" 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.
C. 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.
D. 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 "TRIPLE DOUGH $$$" 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 "TRIPLE DOUGH $$$" Instant Game,
the Texas Lottery shall deposit the amount of the prize in a custodial
bank account, with an adult member of the minor's family or the minor's
guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be
claimed within 180 days following the end of the Instant Game or within
the applicable time period for certain eligible military personnel
as set forth in Texas Government Code Section 466.408. Any prize not
claimed within that period, and in the manner specified in these Game
Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based
on the number of tickets ordered. The number of actual prizes available
in a game may vary based on number of tickets manufactured, testing,
distribution, sales and number of prizes claimed. An Instant Game
ticket may continue to be sold even when all the top prizes have been
claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion
of an Instant Game ticket in the space designated, a ticket shall
be owned by the physical possessor of said ticket. When a signature
is placed on the back of the ticket in the space designated, the player
whose signature appears in that area shall be the owner of the ticket
and shall be entitled to any prize attributable thereto. Notwithstanding
any name or names submitted on a claim form, the Executive Director
shall make payment to the player whose signature appears on the back
of the ticket in the space designated. If more than one name appears
on the back of the ticket, the Executive Director will require that
one of those players whose name appears thereon be designated by such
players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen
Instant Game tickets and shall not be required to pay on a lost or
stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately
10,080,000 tickets in the Instant Game No. 1089. The approximate number
and value of prizes in the game are as follows:
FIGURE 2: 16 GAME NO. 1089 - 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.
1089 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. 1089, 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-200803333
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 25, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1100 is "FIND THE 9'S". The play
style is "match 3 of 6 with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1100 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 1100.
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: $1.00, $2.00, $3.00, $5.00, $30.00, $50.00, $300 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 GAME NO. 1100 - 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, $5.00, $9.00
or $19.00.
G. Mid-Tier Prize - A prize of $30.00, $50.00, $90.00 or $300.
H. High-Tier Prize - A prize of $999.
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 (1100), 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: 1100-0000001-001.
K. Pack - A pack of "FIND THE 9'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 146
to 150 will be on the last page with backs exposed. Tickets 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
"FIND THE 9'S" Instant Game No. 1100 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 "FIND THE 9'S" Instant Game
is determined once the latex on the ticket is scratched off to expose
6 (six) Play Symbols. If a player reveals 3 matching amounts in the
play area, the player wins that amount. If a player reveals any "9"
play symbols in the play area, the player wins the corresponding prize
in the prize legend. 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 6 (six) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol
Caption;
3. Each of the Play Symbols must be present in its entirety and
be fully legible;
4. Each of the Play Symbols must be printed in black ink except
for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket
Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's
codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated,
altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an
authorized manner;
11. The ticket must not have been stolen, nor appear on any list
of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and
Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly
6 (six) Play Symbols under the latex overprint on the front portion
of the ticket, exactly one Serial Number, exactly one Retailer Validation
Code, and exactly one Pack-Ticket Number on the ticket;
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 6 (six) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 6 (six) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on
file at the Texas Lottery; the ticket Serial Numbers must be printed
in the Serial font and must correspond precisely to the artwork on
file at the Texas Lottery; and the Pack-Ticket Number must be printed
in the Pack-Ticket Number font and must correspond precisely to the
artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every
respect and correspond precisely to the artwork on file at the Texas
Lottery; and
19. The ticket must have been received by the Texas Lottery by
applicable deadlines.
B. The ticket must pass all additional validation tests provided
for in these Game Procedures, the Texas Lottery's Rules governing
the award of prizes of the amount to be validated, and any confidential
validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However,
the Executive Director may, solely at the Executive Director's discretion,
refund the retail sales price of the ticket. In the event a defective
ticket is purchased, the only responsibility or liability of the Texas
Lottery shall be to replace the defective ticket with another unplayed
ticket in that Instant Game (or a ticket of equivalent sales price
from any other current Instant Lottery game) or refund the retail
sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play
data, spot for spot.
B. No ticket will contain two sets of three matching prize amounts.
C. No ticket will contain 4 or more like prize amounts.
D. No ticket will contain more than four "9" play symbols.
E. No ticket will contain one or more "9" symbols and three like
prize symbols.
F. The "9" play symbol will only appear on intended winning tickets
as dictated by the prize structure.
G. Tickets can only win once (and will win only the highest amount
shown).
2.3 Procedure for Claiming Prizes.
A. To claim a "FIND THE 9'S" Instant Game prize of $1.00, $2.00,
$3.00, $5.00, $9.00, $19.00, $30.00, $50.00, $90.00 or $300, a claimant
shall sign the back of the ticket in the space designated on the ticket
and present the winning ticket to any Texas Lottery Retailer. The
Texas Lottery Retailer shall verify the claim and, if valid, and upon
presentation of proper identification, if appropriate, make payment
of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not required to pay a
$30.00, $50.00, $90.00 or $300 ticket. In the event the Texas Lottery
Retailer cannot verify the claim, the Texas Lottery Retailer shall
provide the claimant with a claim form and instruct the claimant on
how to file a claim with the Texas Lottery. If the claim is validated
by the Texas Lottery, a check shall be forwarded to the claimant in
the amount due. In the event the claim is not validated, the claim
shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "FIND THE 9'S" Instant Game prize of $999, 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 "FIND THE 9'S" Instant
Game prize, the claimant must sign the winning ticket, thoroughly
complete a claim form, and mail both to: Texas Lottery Commission,
Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending
a ticket remains with the claimant. In the event that the claim is
not validated by the Texas Lottery, the claim shall be denied and
the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas
Lottery shall deduct a sufficient amount from the winnings of a person
who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected
by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic
Beverage Commission;
2. delinquent in making child support payments administered or
collected by the Attorney General; or
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 "FIND THE 9'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 "FIND THE 9'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
20,160,000 tickets in the Instant Game No. 1100. The approximate number
and value of prizes in the game are as follows:
FIGURE 2: 16 GAME NO. 1100 - 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.
1100 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. 1100, 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-200803174
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 19, 2008
Notice of Hearing and Opportunity for Public Comment
This is a notice of an opportunity for public comment and a public
hearing on Delta County's application to obtain a Texas Parks and
Wildlife Department (TPWD) permit to dredge state-owned sand and gravel
from the North Sulphur River bed in Delta County at the following
five locations:
1. Approximately three miles northeast of Pecan Gap, Delta County,
Texas, starting at a point two miles upstream from Farm to Market
Road 38 and extending downstream for 1.36 miles adjacent to properties
of J.C. Lancaster and Eddie Preas.
2. Approximately 3.5 miles northeast of Enloc, Delta County, Texas,
Exit County Road 4715, starting at a point of 1,250 feet downstream
of the Southern Pacific bridge and extending downstream for 1,350
feet adjacent to the property of Joe Foust.
3. Approximately two miles north of Vasco, Delta County, Texas,
starting at a point 11.9 miles downstream of the State Highway 24
bridge and extending downstream for 3,000 feet adjacent to the property
of L.D. Malone.
4. Approximately one mile north of Pacio, Delta County, Texas,
starting at a point 8.2 miles downstream of the State Highway 24 bridge
and extending downstream for 3,000 feet adjacent to the properties
of B.T. Ruthart and Burt Farms, Inc.
5. Approximately one mile north of Kensing, Delta County, Texas,
starting at a point 14 miles downstream of the State Highway 24 bridge
and extending downstream for 3,120 feet adjacent to the property of
L.D. Malone.
The hearing will be held on August 5, 2008, at 1:30 p.m. at TPWD
Headquarters, 4200 Smith School Road, Austin, Texas 78744.
The hearing is not a contested case hearing under the Administrative
Procedure Act.
Written comments must be submitted within 30 days of the publication
of this notice in the Texas Register or
the newspaper, whichever is later, or at the public hearing.
Submit written comments, questions, or requests to review the application
to: Beth Hilliard, TPWD, by mail to 4200 Smith School Road, Austin,
Texas 78744; fax (512) 389-4482; e-mail Beth.Hilliard@tpwd.state.tx.us;
telephone (512) 389-4770.
TRD-200803317
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: June 25, 2008
The Infrastructure Division of the Texas Parks and Wildlife Department
(TPWD) issued a Request for Qualifications (RFQ) for Professional
Design Services as part of its implementation of the agency's 2008-2009
Capital Repair Program on July 1, 2008.
Detailed information about the requirements and selection process
are provided in the RFQ.
Information regarding the RFQ solicitation is available electronically
on TPWD's website:
http://www.tpwd.state.tx.us/business/bidops/current_bid_opportunities/construction/
and on the Electronic State Business Daily website at http://esbd.cpa.state.tx.us.
Hard-copy documents relating to the issuance of the solicitation
for Professional Design Services are also available at no charge by
calling (512) 389-4442 or by e-mailing a request to contracting@tpwd.state.tx.us.
Solicitation Background.
TPWD has assembled approximately 58 capital repair projects into
three discrete design "packages" for the purposes of solicitation
and execution to expedite project delivery and to create maximum efficiency
and potential cost savings. The projects are organized into three
geographic regions that reflect the organization of the Infrastructure
Division staff. The Infrastructure Division staff includes project
managers, contract managers, planning and design staff, construction
managers, inspectors and project accountants. All staff will be active
in monitoring these design and construction projects
The project list that is included in the solicitation identifies
the three design packages and the general description of each project
and estimated construction budget within each design package. The
goal of the solicitation is to award a Professional Design Services
contract to the most qualified respondent for each geographic region
in accordance with Texas Government Code, Chapter 2254. Any firm may
respond to one or more of the packages; however, TPWD does not intend
to award more than three design contracts in connection with the solicitation.
TRD-200803318
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: June 25, 2008
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On June 16, 2008, Time Warner Cable filed an application with the
Public Utility Commission of Texas (commission) to amend its service
provider certificate of operating authority (SPCOA) granted in SPCOA
Certificate Number 60670. Applicant intends to reflect a change in
ownership/control.
The Application: Application of Time Warner Cable for an Amendment
to its Service Provider Certificate of Operating Authority, Docket
Number 35780.
Persons wishing to comment on the action sought should contact
the Public Utility Commission of Texas by mail at P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free
at 1-888-782-8477 no later than July 9, 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 35780.
TRD-200803226
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 20, 2008
On June 17, 2008, the Electric Reliability Council of Texas (ERCOT)
filed with the Public Utility Commission of Texas (commission) its
application for approval of the ERCOT system administration fee. ERCOT
requests commission approval of the following proposed changes in
the fees it charges: (1) an increase in the System Administration
Fee to $0.5698 per MWh; (2) an increase in the Security Screening
Study fee that is part of ERCOT's Generation Interconnection or Change
Request procedure. The new fee would charge $10,000 to $15,000 for
each study based on the megawatts of generation capacity proposed,
with additional charges for larger projects; and (3) elimination of
the Texas Non-ERCOT Load Serving Entity Fee.
The ERCOT System Administration Fee will affect all Qualified Scheduling
Entities (QSEs). ERCOT requests a January 1, 2009 effective date for
the fees proposed in this proceeding.
Persons who wish to intervene or comment 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.
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.
A request to intervene shall include a statement of position containing
a concise state of the requestor's position on the application, a
concise statement of each question of fact, law, or policy that the
requestor considers at issue and a concise statement of the requestor's
position on each issue identified. All comments and interventions
should reference Docket Number 35785.
ERCOT has posted this notice and a copy of its fee and rate application
on its web site at http://www.ercot.com/about/governance/legal_notices.
Interested parties may also access ERCOT's 2008 Fee Filing Package
through the Public Utility Commission's web site at http://www.puc.state.tx.us
under Docket Number 35785 - Application of
the Electric Reliability Council of Texas for Approval of the ERCOT
System Administration Fee.
TRD-200803228
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 20, 2008
Notice is given to the public of an application filed with the
Public Utility Commission of Texas (commission) on June 20, 2008,
and amended on June 23, 2008, for designation as an eligible telecommunications
carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.
Docket Title and Number: Application of USFon, Inc. for Designation
as an Eligible Telecommunications Carrier (ETC). Docket Number 35801.
The Application: The company is requesting ETC designation in order
to be eligible to receive federal and state universal service funding
to assist it in providing universal service in Texas. Pursuant to
47 U.S.C. §214(e), the commission, either upon its own motion
or upon request, shall designate qualifying common carriers as ET's
for service areas set forth by the commission. USFon seeks ETC designation
in those portions of the Austin, Dallas, Houston, San Antonio, and
Corpus Christi Local Access and Transport Areas where Southwestern
Bell Telephone Company d/b/a AT&T Texas is currently the incumbent
local exchange carrier.
Persons who wish to comment upon the action sought should contact
the Public Utility Commission of Texas by July 24, 2008. Requests
for further information should be mailed to the Public Utility Commission
of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call
the Public Utility Commission's Customer Protection Division at (512)
936-7120 or (888) 782-8477. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136
or use Relay Texas (800) 735-2989 to reach the commission's toll free
number (888) 782-8477. All comments should reference Docket Number 35801.
TRD-200803322
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 25, 2008
Notice is given to the public of the filing with the Public Utility
Commission of Texas an application on June 16, 2008, for waiver of
denial by the Pooling Administrator (PA) of Southwestern Bell Telephone
Company d/b/a AT&T Texas's request for a full code of 10,000 consecutive
numbers to satisfy the request of University of Texas Health Science
Center in the Houston rate center to meet their business needs.
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 35782.
The Application: Southwestern Bell Telephone Company submitted
an application to the PA for the requested blocks in accordance with
the current guidelines. The PA denied the request because Southwestern
Bell Telephone Company d/b/a 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 July 9, 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 35782.
TRD-200803227
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 20, 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:
Stone Acorn Builders LLC, 4950 Bissonnet Street, Suite 220, Bellaire,
Texas 77401. Stone Acorn Builders LLC holds TRCC builder registration
#8132. The applicant's registered agent is Sarah Lavine-Kass.
Elegance in Design Custom Homes Ltd., 2918 Turkey Knob, Boerne,
Texas 78006. Elegance in Design Custom Homes Ltd. holds TRCC builder
registration #26255. The applicant's registered agent is Ed Hall.
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-200803313
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: June 25, 2008
Notice of Release of Request for the Rural Technology Center Grant Program
On July 11, 2008, the Office of Rural Community Affairs will release
a Request for Proposals (RFP) for the Rural Technology Center Grant
Program (program). The proposal requirements are contained in the
RFP which may be obtained at http://www.orca.state.tx.us/ and http://esbd.cpa.state.tx.us/.
The purpose of the program is to award grants to public institutions
of higher education, public high schools, and governmental entities
located in a rural county for the development and operation of Rural
Technology Centers that provide community access to technology; computer
literacy programs; educational programs designed to provide concurrent
enrollment credit for high school students taking postsecondary courses
in information and emerging technologies; training for careers in
technology-related fields and other highly skilled industries; and
technology related continuing and adult education programs. The goal
of the program is to increase community access to technology and promote
computer literacy. Centers will provide resources to prepare residents,
including high school students, for careers in applied technology
and other skilled industries. In accordance with the General Appropriations
Act for the 2008-2009 Biennium, funding for this round of applications
is limited to public institutions of higher education, public high
schools, and governmental entities in Zapata County. The RFP may be
viewed and printed from the Internet on http://www.orca.state.tx.us/
and http://esbd.cpa.state.tx.us/.
Due Date
An original and six copies of a written proposal are due to the
Office of Rural Community Affairs no later than 4:00 p.m. on August
11, 2008. No proposals will be accepted after this deadline. Proposals
may be sent or hand carried to:
Charles S. (Charlie) Stone, Executive Director
Office of Rural Community Affairs
Mail: P.O. Box 12877, Austin, Texas 78711
By hand: 1700 N. Congress Avenue, Suite 220, Austin, Texas 78701
Attention: Executive Director
Potential respondents may pose written questions concerning this
RFP by e-mail. Contact Charles S. (Charlie) Stone, Executive Director,
at cstone@orca.state.tx.us until 12:00 Noon, August 8, 2008. The contact
person for this RFP is Charles S. (Charlie) Stone at (512) 936-6701.
TRD-200803319
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Filed: June 25, 2008
Notice of Consultant Contract Amendment
In compliance with the provisions of Chapter 2254, Subchapter B,
Texas Government Code, Stephen F. Austin State University furnishes
this notice of amendment of the University's contract with consultant
Marsha Jacobson, 3217 Bryan St., Nacogdoches, Texas 75965. The original
contract was in the sum of $28,000 for five years, not to exceed $140,000,
with a beginning date of September 11, 2007 and ending date of July
1, 2012. The contract award was published in the October 19, 2007,
issue of the Texas Register (32 TexReg
7550). The contract will be amended to increase the consultant's time
from 56 days each year to approximately 70 days per year for the remaining
four years of the project. This will increase the contract cost to
$35,000 per year for years two through five for an additional cost
of $28,000, which will increase the total cost of the contract to $168,000.
Documents, films, recording, or reports of intangible results may
be presented by the outside consultant.
For further information, please call (936) 468-2908.
TRD-200803167
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: June 19, 2008
In compliance with the provisions of Chapter 2254, Subchapter B,
Texas Government Code, Stephen F. Austin State University furnishes
this notice of renewal of the University's contract with consultant
Charles H. Warlick, Ph.D, 4306 Oak Creek Dr., Nacogdoches, Texas 75965.
The original contract was in the sum of $20,720 plus expenses. The
first renewal was published in the August 27, 2004, issue of the Texas Register (29 TexReg 8451). The second
renewal was published in the July 1, 2005, issue of the Texas Register
(30 TexReg 3913). The third
renewal was published in the September 8, 2006, issue of the Texas Register
(31 TexReg 7763). The contract
will be renewed beginning September 1, 2008 and continue through August
31, 2009 with a total amount not to exceed $10,000.
No documents, films, recording, or reports of intangible results
will be required to be presented by the outside consultant.
For further information, please call David Justus at (936) 468-4101.
TRD-200803168
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: June 19, 2008
Aviation Division - Request for Proposal for Aviation Engineering Services
The City of Wellington, through its agent the Texas Department
of Transportation (TxDOT), intends to engage an aviation professional
engineering firm for services pursuant to Texas Government Code, Chapter
2254, Subchapter A. TxDOT Aviation Division will solicit and receive
proposals for professional aviation engineering design services described
below:
The following is a listing of proposed projects at Marian Airpark
during the course of the next five years through multiple grants.
Current Project: TxDOT CSJ No. 0725WLNGT. Scope: Provide engineering/design
services to construct phase 1 of runway 17-35, construct connecting
taxiway to runway 17 end, and mark runway 17-35.
The DBE goal is set at race neutral. TxDOT Project Manager is Russell
Deason.
Future scope work items for engineering/design services within
the next five years may include, but are not necessarily limited to,
the following:
1. Rehabilitate apron
2. Construct turnarounds
3. Rehabilitate, widen, and mark runways
4. Reconstruct and mark T-hangar TW
5. Extend runway
6. Construct/relocate hangar access TW
7. Install MIRL and PAPI
8. Install fencing
9. Install segmented circle
10. Grading and drainage improvements
The City of Wellington reserves the right to determine which of
the above scope of services may or may not be awarded to the successful
firm and to initiate additional procurement action for any of the
services above.
To assist in your proposal preparation the criteria and 5010 drawing
are available online at
www.txdot.gov/avn/avninfo/notice/consult/index.htm
by selecting "Marian Airpark." The proposal should address
a technical approach for the current scope. Firms shall use page 4,
Recent Airport Experience, to list relevant past projects for both
current and future scope.
Interested firms shall utilize the latest version of Form AVN-550,
titled "Aviation Engineering Services Proposal". The form may be requested
from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas
78701-2483, phone number, 1-800-68-PILOT (74568). The form may be
emailed by request or downloaded from the TxDOT web site at www.txdot.gov/services/aviation/consultant.htm.
The form may not be altered in any way. All printing must be in black
on white paper, except for the optional illustration page. Firms must
carefully follow the instructions provided on each page of the form.
Proposals may not exceed the number of pages in the proposal format.
The proposal format consists of seven pages of data plus two optional
pages consisting of an illustration page and a proposal summary page.
Proposals shall be stapled but not bound in any other fashion. PROPOSALS
WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form
AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT
website as addressed above. Utilization of Form AVN-550 from a previous
download may not be the exact same format. Form AVN-550 is an MS Word
Template.
Please note:
Four completed, unfolded copies of Form AVN-550 must be received
by TxDOT Aviation Division at 150 East Riverside
Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than July
28, 2008 at 4:00 p.m. Electronic facsimiles or forms sent by email
will not be accepted. Please mark the envelope of the forms to the
attention of Amy Slaughter.
The consultant selection committee will be composed of TxDOT Aviation
Division staff members. The final selection by the committee will
generally be made following the completion of review of proposals.
The committee will review all proposals and rate and rank each. The
criteria for evaluating engineering proposals can be found at http://www.txdot.gov/services/aviation/consultant.htm.
All firms will be notified and the top rated firm will be contacted
to begin fee negotiations. The selection committee does, however,
reserve the right to conduct interviews of the top rated firms if
the committee deems it necessary. If interviews are conducted, selection
will be made following interviews.
Please contact TxDOT Aviation Division for any technical or procedural
questions at 1-800-68-PILOT (74568). For procedural questions, please
contact Delia Molina, Grant Manager. For technical questions, please
contact Russell Deason, Project Manager.
TRD-200803303
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: June 24, 2008
The Texas Department of Transportation (department) is soliciting
comments for potential revisions to various department rules including,
but not limited to, Title 43 Texas Administrative Code:
Chapter 6, State Infrastructure Bank
Chapter 9, Subchapter G, Contractor Sanctions
Chapter 15, Subchapter A, §15.3, Organization, Structure,
and Responsibilities of Metropolitan Planning Organizations
Chapter 15, Subchapter H, Transportation Corporations
Chapter 25, Subchapter I, Safe Routes to School Program
Chapter 25, Subchapter M, Traffic Safety Program
Chapter 26, Regional Mobility Authorities
Chapter 27, Subchapter E, Financial Assistance for Toll Facilities
Chapter 30, Subchapter C, Aviation Facilities Development and Financial
Assistance Rules
Chapter 31, Subchapter A, General
Chapter 31, Subchapter B, State Programs
Chapter 31, Subchapter C, Federal Programs
Chapter 31, Subchapter D, Program Administration
Chapter 31, Subchapter F, Rail Fixed Guideway System State Safety
Oversight Program
Public trust and confidence is of the utmost importance to the
department and the department desires that its partners in transportation
exhibit a high commitment to ethical behavior. Fraudulent activity
and noncompliance with laws force all Texans to pay more for goods
and services. The purpose of the proposed rule changes will be to
require that an organization that receives grants or loans from the
department certify to the department that it has an ethics and compliance
program in place that at a minimum includes the following:
1. Establish compliance standards and procedures to be followed
by employees and other agents.
2. Assign high-level personnel to have overall responsibility for
overseeing compliance with such standards and procedures.
3. Use care to avoid delegating substantial discretionary authority
to individuals whom the organization knows, or should have reason
to know, have a propensity to engage in illegal activities.
4. Effectively communicate the standards and procedures to all
employees by requiring participation in training and by disseminating
publications that explain in understandable language what is required.
5. Take reasonable steps to achieve compliance with standards by
utilizing monitoring and auditing systems that have been designed
to reasonably detect noncompliance, and provide and publicize a system
for employees and other agents to report suspected noncompliance without
fear of retaliation.
6. Consistently enforce the standards through appropriate disciplinary
mechanisms.
7. Take all reasonable steps to respond appropriately to detected
offenses and to prevent future similar offenses.
The purpose of the proposed rule changes to Chapter 9, Subchapter
G, Contractor Sanctions, is to provide a possible mitigating circumstance
for imposing sanctions if the contractor had an ethics and compliance
program in place at the time of the offense.
Some of the issues the department is seeking comments on are:
1. Any impact to organizations of the requirement of the certification
of an ethics and compliance program.
2. Specific requirements of an ethics and internal compliance program.
The department is seeking both general ideas and specific language
suggestions. Comments on specific text changes should include the
appropriate citations to sections, subsections, paragraphs, etc. for
proper reference.
The department will accept written comments concerning these rules.
Written comments should be addressed to Bob Jackson, General Counsel,
125 East 11th Street, Austin, Texas 78701. The deadline for receipt
of written comments is 5:00 p.m., August 4, 2008.
The department will not respond individually to comments received
pursuant to this notice. The information gathered from the written
comments will be used to assist the department in developing rule
proposals for the requirement of an ethics and compliance program
for department partners.
TRD-200803159
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: June 18, 2008
Pursuant to Texas Transportation Code, §21.111, and 43 Texas
Administrative Code §30.209, the Texas Department of Transportation
conducts public hearings to receive comments from interested parties
concerning proposed approval of various aviation projects.
For information regarding actions and times for aviation public
hearings, please go to the following web site:
www.txdot.gov/about_us/public_hearings_and_meetings/aviation.htm
Or visit www.txdot.gov, click on
Citizen, click on Public Hearings, and then click on Aviation.
Or contact Texas Department of Transportation, Aviation Division,
150 East Riverside, Austin, Texas 78704, telephone: (512) 416-4501
or 1-800-68-PILOT.
TRD-200803302
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: June 24, 2008
In compliance with the provisions of Chapter 2254, Subchapter B,
Texas Government Code, The Texas A&M University System furnishes
this notice of consultant contract award. A notice for request for
proposals was published in the April 11, 2008, issue of the Texas Register
(33 TexReg 3076).
Description of Activities:
Review and assessment of current Texas Engineering Extension Service
(TEEX) capabilities and capacities to successfully pursue, capture,
and win strategic grants and contracts in both the private and public sector.
Vendor:
Shipley Associates
653 North Main Street
Farmington, Utah 84025
Mark Wigginton
Telephone: (512) 919-4522
Fax: (512) 297-4654
Email: mwigginton@shipleywins.com
Total Contract Value:
$28,745.00
Beginning/Ending Dates:
Beginning: June 9, 2008
Ending: On or about July 14, 2008
Due Date of Final Report:
On or about July 14, 2008
TRD-200803160
Vickie Burt Spillers
Executive Secretary to the Board
The Texas A&M University System
Filed: June 18, 2008
Texas A&M University-Corpus Christi is seeking qualifications
responses for a consultant to conduct an Academic Program Needs Assessment.
Request for Qualifications (RFQ) No.: RFQ 8-0004 may be obtained
by contacting:
David Dávila, C.P.M.
Associate Director, Purchasing
Texas A&M University-Corpus Christi
6300 Ocean Drive, Unit 5731
Corpus Christi, Texas 78412-5731
Telephone: (361) 825-2616
Or email at david.davila@tamucc.edu
Texas A&M University-Corpus Christi is seeking qualifications
responses for a consultant to conduct higher education market research
(including, but not limited to review of existing market and enrollment
data, interviews with key stakeholders in designated markets, and
surveys of current and potential users of higher education) to determine
opportunities and priorities for: 1) adding degree programs for areas
in which we currently have planning authority but no programs; 2)
adding degree programs in areas in which we do not presently have
planning authority; 3) expanding programs which we currently offer;
4) adding distance education programs; and 5) identifying programs
for which transfer student opportunities exist. Proposals must be
received on or before 2:00 p.m. central time on July 25, 2008.
TRD-200803166
Vickie Burt Spillers
Executive Secretary to the Board
The Texas A&M University System
Filed: June 19, 2008
Notice of District Hearing
Notice of District Petition
Notice of Water Quality Applications
Notice of Water Rights Application
Texas Ethics Commission
Texas Facilities Commission
Request for Proposals #303-8-11953
Request for Proposals #303-8-11954
Request for Proposals #303-8-11957
General Land Office
Notice of Public Hearings on Proposed Amendments and New Rules Relating to Erosion Response Plans
Department of State Health Services
Notice of Opportunity for Public Comment on the Fiscal Year 2009 Statewide Substance Abuse Block Grant (Federal Substance Abuse Prevention and Treatment Block Grant)
Texas Health and Human Services Commission
Public Notice
Texas Department of Insurance
Notice of Public Hearing
Notice of Public Hearing
Texas Lottery Commission
Instant Game Number 1088 "Triple Tripler"
Instant Game Number 1089 "Triple Dough $$$"
Instant Game Number 1100 "Find the 9's"
Texas Parks and Wildlife Department
Notice of Solicitation of Design Services for 2008-2009 Capital Repair Program
Public Utility Commission of Texas
Notice of Application for Approval of the ERCOT System Administration Fee
Notice of Application for Designation as an Eligible Telecommunications Carrier
Notice of Application for Waiver of Denial of Request for NXX Code
Texas Residential Construction Commission
Office of Rural Community Affairs
Stephen F. Austin State University
Notice of Consultant Contract Renewal
Texas Department of Transportation
Notice of Opportunity to Comment - Compliance Rules
Public Notice - Aviation
The Texas A&M University System
Request for Qualifications