Brazos Valley Council of Governments
Request for Proposal for Child Care Management Services
On May 16, 2008 Workforce Solutions Brazos Valley Board (WSBVB) will release a Request for Proposal (RFP) for Child Care Management Services for the Workforce Solutions Brazos Valley Board Area (Brazos, Burleson, Grimes, Leon, Madison, Robertson, and Washington Counties). The Board is seeking a single contractor qualified and experienced in providing child care management services. The complete scope of required services and the proposal requirements are contained in the Request for Proposal which may viewed and downloaded at www.bvjobs.org.
A bidder's conference will be held at the office of Workforce Solutions Brazos Valley Board, 3991 East 29th Street, Bryan, Texas, Leon Room on May 28, 2008 from 1:30 to 3:30 p.m. Bidders will have an opportunity to ask questions concerning the RFP and the procurement process. All potential Bidders are highly encouraged to attend.
Due Date: An original and five (5) copies of a written proposal are due to the Board's offices no later than Monday, June 30, 2008 at 2:00 p.m. CST. Faxed or email proposals are not acceptable. Proposals received after the indicated due date and time regardless of delivery method will not be accepted or considered for award.
Proposals may be hand delivered to:
ATTENTION: CHILD CARE MANAGEMENT SERVICES PROPOSAL
c/o Roger D. Dempsey, C.P.M., A.P.P.
Program Manager
Brazos Valley Council of Governments
3991 East 29th St.
Bryan, Texas 77802
Proposals may be mailed to:
ATTENTION: CHILD CARE MANAGEMENT SERVICES PROPOSAL
c/o Roger D. Dempsey, C.P.M., A.P.P.
Program Manager
Brazos Valley Council of Governments
P.O. Drawer 4128
Bryan, Texas 77805
Email address for questions only: rdempsey@bvcog.org
Potential respondents may pose written questions concerning this RFP by email to the RFP contact person listed above. The deadline for questions is May 28, 2008 at 4:00 p.m. CST.
TRD-200802499
Tom Wilkinson
Executive Director
Brazos Valley Council of Governments
Filed: May 13, 2008
On May 16, 2008 Workforce Solutions Brazos Valley Board (WSBVB) will release a Request for Proposal (RFP) for Workforce Center Operations for Workforce Solutions Brazos Valley Workforce Center System. The Board is seeking a single contractor qualified and experienced in providing workforce center operations. The complete scope of required services and the proposal requirements are contained in the Request for Proposal which may viewed and downloaded at www.bvjobs.org.
A bidder's conference will be held at the office of Workforce Solutions Brazos Valley Board, 3991 East 29th Street, Bryan, Texas, Brazos Room B on May 27, 2008 from 1:30 to 3:30 p.m. Bidders will have an opportunity to ask questions concerning the RFP and the procurement process. All potential Bidders are highly encouraged to attend.
Due Date: An original and five (5) copies of a written proposal are due to the Board's offices no later than Monday, June 30, 2008 at 2:00 p.m. CST. Faxed or email proposals are not acceptable. Proposals received after the indicated due date and time regardless of delivery method will not be accepted or considered for award.
Proposals may be hand delivered to:
ATTENTION: WORKFORCE CENTER OPERATIONS PROPOSAL
c/o Roger D. Dempsey, C.P.M., A.P.P.
Program Manager
Brazos Valley Council of Governments
3991 East 29th St.
Bryan, Texas 77802
Proposals may be mailed to:
ATTENTION: WORKFORCE CENTER OPERATIONS PROPOSAL
c/o Roger D. Dempsey, C.P.M., A.P.P.
Program Manager
Brazos Valley Council of Governments
P.O. Drawer 4128
Bryan, Texas 77805
Email address for questions only: rdempsey@bvcog.org
Potential respondents may pose written questions concerning this RFP by email to the RFP contact person listed above. The deadline for questions is May 27, 2008 at 4:00 p.m. CST.
TRD-200802496
Tom Wilkinson
Executive Director
Brazos Valley Council of Governments
Filed: May 13, 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 May 2, 2008, through May 8, 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 May 14, 2008. The public comment period for this project will close at 5:00 p.m. on June 13, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: Preserve Sweetwater Partners, LP ; Location: The project is located in and adjacent to Sweetwater Lake, east of 8 Mile Road, in Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Virginia Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 315840; Northing: 3238719. Project Description: The proposed project was previously evaluated under permit number 24407, and withdrawn on August 23, 2007. The applicant proposes to construct a residential subdivision including single-family housing, town homes, a marina facility, dry dock area, breakwater and utility lines. The proposed project will permanently impact 16.98 acres, and temporarily impact 2.28 acres. A total of 2.01 acres will be dredged for the marina. The applicant proposes to mitigate for these impacts by preserving and enhancing 31.45 acres of wetlands adjacent to Sweetwater Lake, creating 1.84 acres of wetlands in West Galveston Bay, and creating 2.27 acres of wetlands within a proposed stormwater drainage canal. To compensate for impacts to 16.98 acres of jurisdictional wetlands, the applicant proposes to construct approximately 4.11 acres of vegetated wetlands within the Sweetwater Cove Residential Development (includes new marsh behind breakwater) and to preserve a total of approximately 31.45 acres of existing wetlands and 35.37 acres of upland coastal prairie within two proposed mitigation areas. CCC Project No.: 08-0128-F1. Type of Application: U.S.A.C.E. permit application #SWG-2005-00804 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: Davis Petroleum Corporation; Location: The project is located in Galveston Bay State Tract (ST) 100, approximately 6 miles east of Baytown, in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 320879; Northing: 3276862. Project Description: The applicant proposes to drill ST 100 Well No. 3 and install, operate and maintain a well platform, production platform and a flowline running between the well and the production platform. In addition, the applicant proposes to install a sales pipeline up to 6 inches in diameter from said production platform in a northwesterly direction approximately 1,059 feet to a tie-in point on a permitted well in ST 100 (DA Permit 23237). Up to 1267 cubic yards of material may be placed under the drilling rig (well pad) if necessary. CCC Project No.: 08-0134-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01962 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).
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-200802494
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: May 13, 2008
Notice of Request for Proposals
Pursuant to Chapter 403 and Chapter 2156, §2156.121(c), Texas Government Code, and Chapter 54, Subchapter F, Texas Education Code, the Comptroller of Public Accounts (Comptroller) on behalf of the Texas Prepaid Higher Education Tuition Board (Board) announces its Request for Proposals (RFP #185b) for the purpose of obtaining Large Capital Value Domestic Equity investment management services for the Board for the Texas Tomorrow Fund Guaranteed Tuition Plan Funds (Texas Tomorrow Fund I). The selected contractor (Contractor) will advise and assist the Board and Comptroller in administering the Board's investment activities related to the Large Capital Value Domestic Equity Mandate for Texas Tomorrow Fund I. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP on behalf of the Board so that the Board may move forward with retaining the necessary Contractor. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, Contractor will be expected to begin performance of the contract on or about September 1, 2008, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, in the Issuing Office at: 111 E. 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, May 23, 2008, after 10:00 a.m. Central Zone Time (CZT) and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily (ESBD) at: http://esbd.cpa.state.tx.us after 10:00 a.m. CZT on Friday, May 23, 2008.
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and Non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, May 30, 2008. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. Non-mandatory Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or about Friday, June 6, 2008, the Comptroller expects to post responses to questions on the ESBD. Late Non-mandatory Letters of Intent and Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. (CZT), on Thursday, June 12, 2008. Late Proposals will not be considered under any circumstances. Respondents shall be solely responsible for verifying time receipt of Proposals in the Issuing Office.
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board and Comptroller will make the final decision. The Comptroller and the Board each reserve the right to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this Notice or to the RFP.
The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP--May 23, 2008, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due--May 30, 2008, 2:00 p.m. CZT; Official Responses to Questions posted--June 6, 2008; Proposals Due--June 12, 2008, 2:00 p.m. CZT; Contract Execution--September 1, 2008, or as soon thereafter as practical; Commencement of Services--September 1, 2008.
TRD-200802504
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: May 14, 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 05/19/08 - 05/25/08 is 18% for Consumer1 /Agricultural/Commercial 2 /credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/19/08 - 05/25/08 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200802485
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 13, 2008
Public Comments on Five Year State Plan Amendments
The Texas Council for Developmental Disabilities (TCDD) plans to amend its Five Year State Plan by adding 18 new objectives, deleting one objective, and extending the completion dates for two objectives. TCDD invites interested individuals and organizations to comment on the proposed amendments before the Council makes its final decision.
The TCDD State Plan was originally developed in August of 2006 and describes the Goals and Objectives TCDD expects to initiate or continue through September 30, 2011. These proposed amendments will allow TCDD to address newly recognized needs and to further focus its work in certain areas. The proposed new objectives reflect activities the Council plans to implement; "next steps" for activities that have been completed; staff public policy activities; and the Council's commitment to understand and meet the needs of groups of people who are typically un-served, under-served, or under-represented.
Comments are due by July 11, 2008. Comments will be considered by the Council during its August meeting when finalizing amendments to be submitted to the federal Administration on Developmental Disabilities. The TCDD FY2007-2011 State Plan, with proposed amendments, is available on the TCDD website at: www.txddc.state.tx.us. Comments may be submitted on the form provided, or by email to Joanna.Cordry@tcdd.state.tx.us.
TRD-200802472
Roger Webb
Executive Director
Texas Council for Developmental Disabilities
Filed: May 12, 2008
Request for Applications Concerning Early College High School, Cycle 3, Middle School Expansion Grant
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-117, Early College High School (ECHS), Cycle 3, Middle School Expansion Grant, from Texas school districts, open-enrollment charter schools, and institutions of higher education (IHEs) to either open a new ECHS or expand an existing ECHS to serve middle school students no later than August 2009. Grant funds for this program shall be used for two purposes: planning and implementation. Applicants will budget for both phases in the application.
Eligibility Criteria. To be eligible for an ECHS Middle School Expansion Grant, applicants must agree to develop the ECHS in accordance with the following requirements. An ECHS shall (1) be a collaborative partnership between a school district or an open-enrollment charter school and an IHE; (2) provide a course of study for Grades 9-12 that enables a participating student to receive a high school diploma and either an associate's degree or 60 semester hours toward a baccalaureate degree; (3) target and enroll a majority of students who are at risk of dropping out of school (at-risk, economically disadvantaged, English-language learners, and first-generation college-goers); and (4) be an autonomous high school that is (a) located on a college or university campus, (b) a stand-alone high school campus near a college or university campus, or (c) a small learning community within a larger high school that is near a college or university campus where the ECHS is physically separated from the larger high school and ECHS students are a separate cohort with their own teachers, leader, schedule, and curriculum plan.
An eligible applicant shall demonstrate how it will meet all of the requirements of this RFA for opening an ECHS no later than the beginning of the 2009-2010 school year.
A campus that fails to meet one or more of the campus eligibility requirements by the end of the planning phase (i.e., no later than July 31, 2009) will not receive implementation funding under this grant program.
Description. The purpose of the ECHS grant is to create collaborative partnerships between school districts or open-enrollment charter schools and institutions of higher education to open small high schools that provide students at risk of dropping out of school, including traditionally underserved students, an opportunity to earn a high school diploma and either an associate's degree or 60 semester hours toward a baccalaureate degree at no cost to the student.
ECHSs are autonomous, small schools designed to create a seamless transition between high school and college. Each ECHS must serve Grades 9-12 and some portion of the Grades 6-8 middle school population. An ECHS provides for a course of study that enables a participating student to receive both a high school diploma and either an associate's degree or 60 semester hours toward a baccalaureate degree. In order to accomplish the goals of the program, the school district or charter school and its IHE partner are required to create a memorandum of understanding that addresses certain issues as specified in the RFA. The ECHS will provide potential savings for families and taxpayers. Students graduating from an ECHS will be prepared for post-secondary and work success.
A Texas school district or open-enrollment charter school will collaborate with its IHE partner to plan during the 2008-2009 school year and will open an ECHS no later than August 2009.
Previously established ECHSs that are awarded this grant will be expected to implement programs and activities that expand existing programs. This grant is intended to supplement (increase the level of services) not supplant (replace) funds from federal, state, or local sources for existing programs.
Dates of Project. Applicants should plan for a starting date of no earlier than December 1, 2008, and an ending date of no later than May 31, 2011. The planning phase extends from December 1, 2008, to July 31, 2009. The implementation phase extends from August 1, 2009, to May 31, 2011.
Project Amount. Funding will be provided for approximately 5-10 new ECHSs and approximately 10-15 existing ECHSs. A total of $5,175,000 in project funds is available to be awarded. Project funding in subsequent project periods will be based on satisfactory progress of the first-period objectives and activities and on general budget approval by the commissioner of education and the state legislature.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. Special consideration or priority will be given to applicants that establish ECHSs operating full-day on a college campus or to applicants located in education service center regions where no ECHSs are currently located (regions 3, 5, 8, 9, 11, 14, 15, 16, and 18) that open an ECHS on a college campus. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of RFA #701-08-117 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/opge/disc/index.html for viewing and downloading. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, contact Donnell Bilsky, Division of Discretionary Grants, 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://www.tea.state.tx.us/opge/disc/index.html. 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.
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, July 10, 2008, to be eligible to be considered for funding.
TRD-200802510
Cristina De La Fuente-Valadez
Director, Policy Coordination Division
Texas Education Agency
Filed: May 14, 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 June 23, 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 June 23, 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: Alvin Chemical, Inc.; DOCKET NUMBER: 2008-0311-AIR-E; IDENTIFIER: RN100914613; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: liquid chemical drumming, blending, and transloading; RULE VIOLATED: 30 Texas Administrative Code (TAC) §106.472 (formerly Standard Exemption 51) and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with conditions specified in the Standard Exemption 51 registration; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: AMC Facilities, LP; DOCKET NUMBER: 2008-0309-MWD-E; IDENTIFIER: RN101515773; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1) and (5) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012238001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of treatment and control are properly operated and maintained; 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a), by failing to maintain authorization for the discharge of wastewater; 30 TAC §317.7(e), by failing to secure the wastewater treatment plant; and 30 TAC §21.4(e) and the Code, §5.702, by failing to pay outstanding consolidated water quality fees and associated late fees; PENALTY: $4,770; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Carotex, Inc.; DOCKET NUMBER: 2007-2019-IWD-E; IDENTIFIER: RN100213727; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number WQ0001674000, Other Requirements Number 5, by failing to maintain operating logs in accordance with its permit; 30 TAC §305.125(9) and TPDES Permit Number WQ0001674000, Monitoring and Reporting Requirements Number 7.c., by failing to report effluent exceedances that deviate by more than 40% from the permitted effluent limitation; 30 TAC §305.125(5) and TPDES Permit Number WQ0001674000, Operational Requirements Number 1, by failing to properly ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §305.125(1), TPDES Permit Number WQ0001674000, Permit Conditions Number 2.g., and the Code, §26.121(a)(1), by failing to prevent unauthorized discharges of industrial wastes; 30 TAC §319.1 and TPDES Permit Number WQ0001674000, Monitoring and Reporting Requirements Number 1, by failing to submit monitoring results at the intervals specified in the permit; and 30 TAC §305.125(9), TPDES Permit Number WQ0001674000, Monitoring and Reporting Requirement Number 7.a., and the Code, §26.039(b), by failing to submit the noncompliance notification for unauthorized discharges; PENALTY: $9,800; Supplemental Environmental Project (SEP) offset amount of $3,920 applied to Jefferson County-Pleasure Island Stabilization; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Carr Land Development LLC; DOCKET NUMBER: 2008-0108-WR-E; IDENTIFIER: RN104949680; LOCATION: Mineola, Wood County, Texas; TYPE OF FACILITY: property that includes a refurbished reservoir; RULE VIOLATED: 30 TAC §297.11 and the Code, §11.143, by failing to obtain a water right permit for the impoundment of waters in the state; PENALTY: $1,575; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(5) COMPANY: City of Crowell; DOCKET NUMBER: 2008-0116-MWD-E; IDENTIFIER: RN101612380; LOCATION: Crowell, Foard County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10638001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a)(1), by failing to comply with permit effluent limits for five-day biochemical oxygen demand, total suspended solids, and total chlorine residual; and 30 TAC §305.125(17) and TPDES Permit Number 10638001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $14,000; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(6) COMPANY: DCP Midstream, LP; DOCKET NUMBER: 2007-1733-AIR-E; IDENTIFIER: RN104960158; LOCATION: Crane County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to report an emission event within 24 hours after discovery; and 30 TAC §116.115(b)(2)(F) and §122.143(4), Standard Permit Number 79063, Federal Operating Permit (FOP) Number 0-2913, and THSC, §382.085(b), by failing to prevent the unauthorized release of air contaminants into the atmosphere; PENALTY: $72,600; SEP offset amount of $36,300 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Household Hazardous Waste Clean-up; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(7) COMPANY: City of Glen Rose; DOCKET NUMBER: 2007-1933-WQ-E; IDENTIFIER: RN101918431; LOCATION: Somervell County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10177001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for total ammonia nitrogen; PENALTY: $1,990; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Kiker's Machine Works, Inc.; DOCKET NUMBER: 2008-0341-WQ-E; IDENTIFIER: RN105362081; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: fabricated wire products; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain a storm water discharge permit; PENALTY: $2,100; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(9) COMPANY: Mario Hernandez dba KK Busters Plumbing; DOCKET NUMBER: 2008-0263-MLM-E; IDENTIFIER: RN103162673; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: sludge transporter; RULE VIOLATED: 30 TAC §312.143, by failing to deposit waste at a facility authorized to receive it; 30 TAC §312.142(e), by failing to submit a new registration application; 30 TAC §312.146 and the Code, §26.039(b), by failing to report discharges or spills to the TCEQ no later than 24 hours after the occurrence; and 30 TAC §330.15(c), by failing to prevent the unauthorized discharge of pollutants including grease trap waste onto the ground at the site; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(10) COMPANY: Longhorn Glass Manufacturing, L.P.; DOCKET NUMBER: 2007-2024-AIR-E; IDENTIFIER: RN100671445; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: glass manufacturing plant; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2)(B), and 122.146(2), FOP O-02641, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to timely submit a semi-annual deviation report and a permit compliance certification; 30 TAC §116.115(c) and §122.143(4), New Source Review (NSR) Permit Number 42623, Special Condition (SC) 4, FOP O-02641, Special Terms and Conditions (STC) 7, and THSC, §382.085(b), by failing to maintain the monitored opacity of the glass furnace stack at less than 18.7%; 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 42623, SC 1, FOP O-02641, STC 7, and THSC, §382.085(b), by failing to comply with the maximum allowable emission rate for hydrochloric acid; and 30 TAC §122.143(4) and §122.145(2)(A), FOP O-02641, GTC, and THSC, §382.085(b), by failing to report all deviations in semi-annual deviation reports; PENALTY: $46,860; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Medina County Water Control and Improvement District Number 2; DOCKET NUMBER: 2008-0410-MWD-E; IDENTIFIER: RN101919801; LOCATION: D'Hanis, Medina County, Texas; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011144001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations for ammonia-nitrogen; and 30 TAC §305.125(17) and TPDES Permit Number WQ0011144001, Sludge Reporting Requirements, by failing to timely submit the annual sludge report; PENALTY: $1,265; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(12) COMPANY: River City Waste, Inc.; DOCKET NUMBER: 2008-0146-MLM-E; IDENTIFIER: RN104662135; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) transfer station; RULE VIOLATED: 30 TAC §330.9(a), by failing to receive authorization before operating an MSW transfer station; and 30 TAC §111.201 and §330.15(c) and THSC, §382.085(b), by failing to comply with the prohibition on outdoor burning; PENALTY: $9,420; ENFORCEMENT COORDINATOR: Cynthia McKaughan, (512) 239-0735; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(13) COMPANY: Southern Star Concrete, Inc.; DOCKET NUMBER: 2008-0239-AIR-E; IDENTIFIER: RN101970465; LOCATION: Frisco, Collin County, Texas; TYPE OF FACILITY: concrete batching operation; RULE VIOLATED: 30 TAC §106.4(c) and THSC, §382.085(b), by failing to maintain the central baghouse for the cement silo and batching operation in good working order and operating properly during plant operation; and 30 TAC §101.201(a) and THSC, §382.085(b), by failing to report an emission event; PENALTY: $1,045; SEP offset amount of $418 applied to City of Fort Worth-"Mow Down Air Pollution" lawn mower exchange event; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: Tennessee Gas Pipeline Company; DOCKET NUMBER: 2008-0401-AIR-E; IDENTIFIER: RN100221878; LOCATION: Jasper County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number 56321, SC 1 and 2, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limits; PENALTY: $2,050; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(15) COMPANY: Tyler County; DOCKET NUMBER: 2007-1355-MSW-E; IDENTIFIER: RN101999969; LOCATION: Woodville, Tyler County, Texas; TYPE OF FACILITY: waste transfer station; RULE VIOLATED: 30 TAC §330.121(a), Site Development Plant Sections (C)(ii), (C)(iv)(c), and (J), and Site Operating Plan Section (iii)(a)(4), by failing to comply with the approved Site Development Plan and Site Operating Plans (SOP); 30 TAC §330.125(a), by failing to maintain a copy of the registration and associated documents at the MSW facility; 30 TAC §330.221(c), by failing to comply with fire protection requirements; and 30 TAC §330.201(b), by failing to apply for a modification to the SOP to incorporate the 2006 rule revisions by the required deadline; PENALTY: $17,480; SEP offset amount of $13,984 applied to RC&D - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
TRD-200802492
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 13, 2008
Notices issued May 8, 2008 through May 9, 2008.
Texas Commission on Environmental Quality (TCEQ) Internal Control No. 04022008-D03; Canyon Falls Land Partners, L.P. and McGinnis Land Partners I, L.P., (Petitioners) filed a petition for creation of Canyon Falls Water Control and Improvement District No. 2 of Denton County (District) with the TCEQ. The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 51 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the owners of a majority in value of the land, consisting of two tracts, to be included in the proposed District; (2) there is one lien holder, American Bank of Texas, on the property to be included in the proposed District; (3) the proposed District will contain approximately 443.966 acres located in Denton County, Texas; and (4) the proposed District is within the corporate boundaries of the Town of Northlake, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $37,000,000.
TCEQ Internal Control No. 12052007-D03; Alamo/ProTerra Joint Venture (the "Petitioner") filed a petition for creation of Fort Bend County Municipal Utility District No. 195 (the "District") with the TCEQ. The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the holder of title to a majority in value of the land to be included in the proposed District; (2) there is no lien holder on the property to be included in the proposed District; and (3) the proposed District will contain approximately an area of 487.79 acres located within Fort Bend County, Texas. The engineering report states the proposed District is not within the corporate boundaries of any city or within the extraterritorial jurisdiction of any city, town or village in Texas. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $63,000,000.
TCEQ Internal Control No. 02122008-D03; 830 Investors, Ltd, Jim/Judy Management, L.L.C., general partner, James R. Holcomb, Sole Manager, (Petitioner) filed a petition for creation of Montgomery County Municipal Utility District No. 127 (District) with the TCEQ. The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the holder of title to a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 403.01 acres located within Montgomery County, Texas; and (4) no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. 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 $65,740,000.
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 below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC-103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200802506
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 14, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 23, 2008. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 23, 2008. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: Alan Karl dba Coles Crossing; DOCKET NUMBER: 2007-0475-PWS-E; TCEQ ID NUMBER: RN102952033; LOCATION: 4621 Texana, near Mont Belvieu, Chambers County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.113(f)(4) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to comply with the Maximum Contaminant Level of 0.080 milligrams per liter (mg/L) for total trihalomethanes (TTHM), based on a running annual average during the second, third, and fourth quarters of 2005 and the first, second, third, and fourth quarters of 2006, when he reported TTHM levels of 0.166 mg/L, 0.191 mg/L, 0.203 mg/L, 0.198 mg/L, 0.166 mg/L, 0.172 mg/L, and 0.168 mg/L respectively; PENALTY: $800; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(2) COMPANY: BASF FINA Petrochemicals Limited Partnership; DOCKET NUMBER: 2006-1578-AIR-E; TCEQ ID NUMBER: RN100216977; LOCATION: 2700 Highway 366, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petrochemical plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), THSC, §382.085(b), and Air Operating Permit Number O-01877, General Terms and Conditions, by failing to prevent unauthorized emissions; 30 TAC §§122.145(2)(A), 122.146(2) and (5)(c), and 122.143(4), THSC, §382.085(b), and Air Operating Permit Number O-01877, General Terms and Conditions, by failing to submit annual compliance certifications within 30 days after the end of the March 1, 2004 - February 28, 2005 and March 1, 2005 - February 28, 2006 certification periods and by failing to report all deviations on the annual compliance certification report; 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), THSC, §382.085(b), Air Operating Permit Number O-01877, General Terms and Conditions, and New Source Review (NSR) Permit Numbers 36644, PSD-TX-903, N-007, by failing to operate the gas turbine and duct burner (Emission Point Number (EPN) N-20A) in Co-generation Unit 1 within emissions limits of 15.3 pounds per hour (lbs/hr) and 6 parts per million (ppm) of nitrogen oxides (NOx), 53.9 lbs/hr and 50 ppm of carbon monoxide (CO), and 7.61 lbs/hr and 7 ppm of ammonia (NH3); 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), THSC, §382.085(b), Air Operating Permit Number O-01877, General Terms and Conditions, and NSR Permit Numbers 36644, PSD-TX-903, N-007, Special Conditions 1, 16A, and 16B, by failing to operate the gas turbine and duct burner (EPN N-20B) in Co-generation Unit 2 within emissions limits of 24.1 lbs/hr and 9 ppm of NOx and 7.61 lbs/hr and 7 ppm of NH3; 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), THSC, §382.085(b), Air Operating Permit Number O-01877, General Terms and Conditions, and NSR Permit Numbers 36644, PSD-TX-903, N-007, Special Conditions 1 and 21, by failing to operate the Auxiliary Boiler B-7240, EPN N-14, within emissions limits of 13.6 lbs/hr and 20.1 tons per year (tpy) and firing rate limits of 0.06 lbs/million British thermal units (MMBtu)/hr of NOx, emissions limits of 15.6 lbs/hr and firing rate limits of 0.069 lbs/MMBtu/hr of CO, and 2.35 tpy of volatile organic compounds; and 30 TAC §101.5 and THSC, §382.085(b), by failing to prevent uncombined water in the form of steam vapor from Ethylene Cooling Tower from impairing visibility on adjacent public roads; PENALTY: $203,125; Supplemental Environmental Project offset amount of $101,562 applied to Southeast Texas Regional Planning Commission West Port Arthur Home Energy Efficiency Project; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(3) COMPANY: City of Henrietta; DOCKET NUMBER: 2007-1625-MWD-E; TCEQ ID NUMBER: RN101701795; LOCATION: approximately one mile northeast of the intersection of United States Highway 287 and State Highway Loop 510, Henrietta, Clay County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121, and Texas Pollutant Discharge Elimination System Permit Number WQ0010454002, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permit limits in October and November 2006; PENALTY: $18,700; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(4) COMPANY: Everett Custom Homes, L.L.C.; DOCKET NUMBER: 2007-0356-WQ-E; TCEQ ID NUMBER: RN105006621; LOCATION: east of Farm-to-Market (FM) Road 1140 about 0.75 mile southeast from Lawrence Drive, Heath, Rockwall County, Texas; TYPE OF FACILITY: construction site at a single family housing development; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities as documented on June 19, 2006 and February 13, 2007; PENALTY: $1,050; STAFF ATTORNEY: Mary E. Coleman, Litigation Division, MC R-4, (817) 588-5917; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Jochum Schievink dba Jochum Schievink Dairy; DOCKET NUMBER: 2007-1459-AGR-E; TCEQ ID NUMBER: RN102754892; LOCATION: east side of County Road 285 approximately two miles south of the intersection of County Road 285 and FM Road 219, approximately ten miles southeast of Dublin, Erath County, Texas; TYPE OF FACILITY: concentrated animal feeding operation (CAFO); RULES VIOLATED: 30 TAC §321.31(a) and TWC, §26.121(a), by failing to prevent the unauthorized discharge of agricultural wastewater from a CAFO; 30 TAC §321.44(a) and General Permit Number TXG920211, Part IV B.5., by failing to orally notify the executive director and appropriate regional office within 24 hours of a discharge from a CAFO; and 30 TAC §321.44(b) and General Permit Number TXG920211, Part III A.5.(c), by failing to timely sample and analyze an unauthorized discharge; PENALTY: $2,550; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: New Way Enterprise Inc. dba Time Out Food Mart #2; DOCKET NUMBER: 2006-1537-PST-E; TCEQ ID NUMBER: RN101892982; LOCATION: 1000 North Velasco Street, Angelton, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases at a frequency of at least once per month (not to exceed 35 days between each monitoring); and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel; PENALTY: $6,200; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(7) COMPANY: Opel Business, Inc. dba Garth Road Cleaners aka Garth Road 1.69 Cleaners and dba 1.69 City Cleaners; DOCKET NUMBER: 2006-1365-DCL-E; TCEQ ID NUMBERS: RN104621503 and RN104104336; LOCATIONS: 3413 Garth Road, Suite B (Garth facility) and 1601 North Alexander Drive, Suite B (Alexander facility), Baytown, Harris County, Texas; TYPE OF FACILITIES: dry cleaning facility and dry cleaning drop station; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility for the Garth facility; 30 TAC §337.14(c) and TWC, §5.702, by failing to pay dry cleaner registration fees for Account Number 24002250; and 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the Alexander facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $2,370; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(8) COMPANY: U.S. Oil Recovery, L.P.; DOCKET NUMBER: 2007-0857-IHW-E; TCEQ ID NUMBER: RN100604677; LOCATION: 400 North Richey Street, Pasadena, Harris County, Texas; TYPE OF FACILITY: centralized waste treatment facility; RULES VIOLATED: 30 TAC §335.4(1), by failing to prevent unauthorized discharges resulting in site contamination requiring remediation; PENALTY: $6,700 STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200802490
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 13, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 23, 2008. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 23, 2008. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.
(1) COMPANY: Arturo Maldonado dba Truck Town Body & Paint; DOCKET NUMBER: 2006-1602-AIR-E; TCEQ ID NUMBER: RN102292943; LOCATION: 6919 Alameda Avenue, El Paso, El Paso County, Texas; TYPE OF FACILITY: auto body shop; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code (THSC), §382.085(b) and §382.0518(a), by failing to obtain authorization from the TCEQ, prior to operating a surface coating operation; PENALTY: $3,150; STAFF ATTORNEY: Mary E. Coleman, Litigation Division, MC R-4, (817) 588-5917; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(2) COMPANY: Beverly Breaux; DOCKET NUMBER: 2007-1125-PST-E; TCEQ ID NUMBER: RN101752053; LOCATION: 893 Highway 183, Cuero, Dewitt County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, four underground storage tanks (USTs) for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $10,500; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(3) COMPANY: David Fenoglio dba Sunset Water System; DOCKET NUMBER: 2007-1711-PWS-E; TCEQ ID NUMBER: RN102693579; LOCATION: corner of West Front Street and Cottage Grove Avenue, near railroad tracks, 11243 Highway 59 North, Montague, Montague County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(f)(2) and TCEQ Order Docket Number 2003-0038-PWS-E, Ordering Provision 3.e., by failing to keep on file and make available for commission review, records of annual tank inspections; 30 TAC §290.46(n)(3) and TCEQ Order Docket Number 2003-0038-PWS-E, Ordering Provision 3.f., by failing to keep on file and make available for commission review, copies of well completion data records; 30 TAC §290.45(b)(1)(C)(ii), THSC, §341.0815(c), and TCEQ Order Docket Number 2003-0038-PWS-E, Ordering Provision 5.b., by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.43(c)(2), by failing to provide 30-inch access openings on the three ground storage tanks; 30 TAC §290.46(m)(1)(B), by failing to inspect the interior of the pressure tanks that are provided with an inspection port at least once every five years; 30 TAC §290.42(l), by failing to maintain a thorough and up-to-date plant operations manual for operator review and reference; and 30 TAC §290.46(u) and TCEQ Order Docket Number 2003-0038-PWS-E, Ordering Provision 5.c., by failing to plug Well Number 2 and Number 3 or to submit test results proving that the wells are in a non-deteriorated condition; PENALTY: $10,210; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(4) COMPANY: Don Strong; DOCKET NUMBER: 2007-1274-PST-E; TCEQ ID NUMBER: RN101663235; LOCATION: 1300 West Highway 21, Caldwell, Burleson County, Texas; TYPE OF FACILITY: property that had three USTs; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, three USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.54(b), by failing to maintain all piping, pump, manways, tank access points, and ancillary equipment in a capped, plugged, locked, and/or otherwise secured in a manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $7,875; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(5) COMPANY: George Zambrano dba Zambrano Roofing and Sheet Metal Co.; DOCKET NUMBER: 2006-2241-MSW-E; TCEQ ID NUMBER: RN105093363; LOCATION: 538 County Road 440, near Alice, Jim Wells County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §330.15(c), by failing to properly dispose of MSW at an authorized facility; PENALTY: $5,000; STAFF ATTORNEY: Mary E. Coleman, Litigation Division, MC R-4, (817) 588-5917; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(6) COMPANY: Leonard Morris dba Western Stone; DOCKET NUMBER: 2007-1196-WQ-E; TCEQ ID NUMBER: RN105226146; LOCATION: 1701 Turkey Creek Road, Mineral Wells, Palo Pinto County, Texas; TYPE OF FACILITY: stone quarry; RULES VIOLATED: 30 TAC §311.74(a), by failing to obtain authorization to discharge storm water associated with quarry activities to water in the state located in a water quality protection area in the John Graves Scenic Riverway; PENALTY: $5,000; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Pasadena Investment Group Corporation; DOCKET NUMBER: 2007-1822-PST-E; TCEQ ID NUMBER: RN101876928; LOCATION: 4508 Proctor Street, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, three USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change; and 30 TAC §334.51(a)(1), by failing to ensure that releases of regulated substances from the USTs due to spills and overfills do not occur; PENALTY: $24,500; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(8) COMPANY: Ray Lawton and Shuran Lawton; DOCKET NUMBER: 2007-0790-PST-E; TCEQ ID NUMBER: RN105072912; LOCATION: Farm-to-Market 729, Jefferson, Marion County, Texas; TYPE OF FACILITY: facility with three USTs; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, three USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.7(a)(1), by failing to register with the commission, on authorized agency forms, USTs in existence on or after September 1, 1987; PENALTY: $8,925; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(9) COMPANY: Sharon Skinner; DOCKET NUMBER: 2007-0541-PST-E; TCEQ ID NUMBER: RN101568210; LOCATION: 33 County Road 190, Gainesville, Cooke County, Texas; TYPE OF FACILITY: vacant lot that was formerly operated as a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.47(a)(2) and §334.54(b), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, three USTs for which any applicable component of the system was not brought into timely compliance with the upgrade requirement and by failing to assure the vent lines were kept open and functioning and all other piping, pumps, manways, and ancillary equipment had been capped, plugged, locked, and/or otherwise secured to prevent access, tampering, or vandalism by unauthorized persons; and 30 TAC §334.7(d)(3), by failing to amend the registration for any change or additional information regarding the USTs within 30 days from the date of occurrence of the change; PENALTY: $8,925; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Tim Judd and Shelley Judd; DOCKET NUMBER: 2007-1725-PST-E; TCEQ ID NUMBER: RN101804086; LOCATION: 311 Union Avenue, Rule, Haskell County, Texas; TYPE OF FACILITY: fuel storage facility; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, four USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Account Number 0011639U for Fiscal Years 1999-2007; PENALTY: $9,000; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(11) COMPANY: Tom Jordan dba T Jordan Conoco; DOCKET NUMBER: 2007-1250-PST-E; TCEQ ID NUMBER: RN100701119; LOCATION: 5317 Mansfield Highway, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with the retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(1)(C) and (3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition, as specified by the manufacturer and/or any applicable California Air Resources Board executive order, and free of defects that would impair the effectiveness of the system and by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system; 30 TAC §115.246(3) and (5) and THSC, §382.085(b), by failing to maintain Stage II records on-site and make them available for inspection upon request by commission personnel; and 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training and instruction in the operation and maintenance of the Stage II vapor recovery system and that each current employee receives in-house Stage II training regarding the purpose and operation of the vapor recovery system; PENALTY: $4,280; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(12) COMPANY: Triple A Dump Truck Service, L.L.C.; DOCKET NUMBER: 2006-0076-MSW-E; TCEQ ID NUMBER: RN104566120; LOCATION: 4 1/2 miles north on Western Road, Hidalgo County, Texas; TYPE OF FACILITY: dump truck and solid waste transport service; RULES VIOLATED: 30 TAC §330.15(c) and §330.103(b), by failing to prevent the unauthorized disposal of MSW; PENALTY: $4,200; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
TRD-200802491
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 13, 2008
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding the proposed amendments to 30 TAC Chapter 11, Contracts.
The proposed rulemaking would reflect the implementation of House Bill 3560, 80th Legislature, Regular Session, 2007. The proposed rulemaking relates to the transfer of Historically Underutilized Business program responsibilities from the Texas Building and Procurement Commission to the Texas Comptroller of Public Accounts, Texas Procurement and Support Services. In addition, this proposed rulemaking reflects the transfer of authority for bid opening and tabulation from Texas Building and Procurement Commission to the Texas Comptroller of Public Accounts, Texas Procurement and Support Services.
A public hearing on this proposal will be held in Austin on June 16, 2008, at 10:00 a.m. at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle in Building E, Room 201S. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Michael Parrish, Office of Legal Services, at (512) 239-2548. Requests should be made as far in advance as possible.
Written comments may be submitted to Michael Parrish, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments/ . File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2008-009-011-AS. The comment period closes June 23, 2008. Copies of the proposed rulemaking can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Wendy Cox or Joe McGill, Administrative Support Services Division, (512) 239-1813.
TRD-200802435
Kevin McCalla
Director, General Law Division
Texas Commission on Environmental Quality
Filed: May 9, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment one draft total maximum daily load (TMDL) for bacteria in the Lower San Antonio River (Segment 1901) of the San Antonio River Basin, located in Karnes, Goliad, Refugio, Dewitt, Wilson, Victoria, and Guadalupe Counties. The TCEQ will conduct a public meeting to receive comments on the draft TMDL. This announcement also constitutes notice that the TMDL will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDL for bacteria in the Lower San Antonio River (Segment 1901). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comment on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, seasonal variation, linkage between sources and receiving waters, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances. After the public comment period, TCEQ staff may revise the TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments will be made available on the TCEQ Web site. The TMDL will then be submitted to EPA Region 6 for approval. Upon approval, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan.
The public comment meeting will be held on May 28, 2008, 7:00 p.m., at the Parish Hall at the Immaculate Conception Catholic Church, 207 North Commercial, Goliad, Texas 77963. At this meeting individuals have the opportunity to present oral statements when called upon in order of registration. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all public comments have been received.
Written comments should be submitted to Kerry Niemann, Water Programs Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., June 21, 2008 , and should reference, One Total Maximum Daily Load for Bacteria in the Lower San Antonio River, For Segment Number 1901. For further information regarding the draft TMDL, please contact Kerry Niemann, Water Programs Division, at (512) 239-0483 or kniemann@tceq.state.tx.us. Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling Diana Washington at (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact Diana Washington at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200802486
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 13, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment six draft total maximum daily loads (TMDLs) for bacteria in waters of the Upper Gulf Coast (Segments 2421, 2422, 2423, 2424, 2432, and 2439) in the Galveston Bay System, located in Brazoria, Galveston, Chambers, and Harris Counties. The TCEQ will conduct two public meetings to receive comments on the draft TMDLs. This announcement also constitutes notice that the TMDLs will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant load concentrations in a certain body of water in order to restore and maintain designated uses.
The TCEQ will conduct two public meetings on the draft TMDLs for bacteria in waters of the Upper Gulf Coast (Segments 2421, 2422, 2423, 2424, 2432, and 2439). The purpose of these public meetings is to provide the public an opportunity to comment on the draft TMDLs. The commission requests comment on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, seasonal variation, linkage between sources and receiving waters, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances. After the public comment period, TCEQ staff may revise the TMDLs, if appropriate. The final TMDLs will then be considered by the commission for adoption. Upon adoption of the TMDLs by the commission, the final TMDLs and a response to all comments will be made available on the TCEQ Web site. The TMDLs will then be submitted to EPA Region 6 for approval. Upon approval, the TMDLs will be certified as an update to the State of Texas Water Quality Management Plan.
The first public comment meeting will be held on June 9, 2008, 7:00 p.m., at the Clear Lake Park Meeting Room, 5001 NASA Road 1, Clear Lake, Texas 77586. The second public meeting will be held on June 11, 2008, 2:00 p.m. at White Memorial Park, Whites Park Exhibit Hall, 225 Whites Memorial Drive, Hankamer, Texas 77560. At these meetings individuals have the opportunity to present oral statements when called upon in order of registration. An agency staff member will give a brief presentation at the start of each meeting and will be available to answer questions before and after all public comments have been received.
Written comments should be submitted to Casey Johnson, Texas Commission on Environmental Quality, Water Programs Division, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., June 21, 2008, and should reference, Six Total Maximum Daily Loads for Bacteria in Waters of the Upper Gulf Coast, For Segment Numbers 2421, 2422, 2423, 2424, 2432, and 2439. For further information regarding the draft TMDLs, please contact Casey Johnson, Water Programs Division, at (512) 239-1505 or casjohns@tceq.state.tx.us. Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.htm or by calling Diana Washington (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact Diana Washington at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200802489
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 13, 2008
The following notices were issued during the period of May 1, 2008 through May 8, 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
BASF CORPORATION which operates an anhydrous ammonia storage terminal, has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0002656000, which authorizes a discharge of storm water, hydrostatic test water, fire protection water and storm water from construction activities on an intermittent and flow variable basis via Outfall 001. The facility is located east of Farm-to-Market Road 1495 and approximately 1000 feet south of the intersection of FM Road 1495 and State Highway 288 in the City of Freeport, Brazoria County, Texas.
EVANGELISTIC TEMPLE has applied for a renewal of TPDES Permit No. WQ0011878001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day. The facility is located approximately 2400 feet north-northwest of the intersection of U.S. Highway 59 and McClellan Road and 250 feet west of McClellan Road in Montgomery County, Texas.
PRAXAIR INC which operates the Praxair Deer Park Plant, has applied for a renewal of TPDES Permit No. WQ0001173000, which authorizes the discharge of cooling tower blowdown, boiler blowdown, treated domestic wastewater, process wastewater (compressor condensate), process area washwater and storm water, and previously monitored effluents (PMEs) at a daily average flow not to exceed 430,000 gallons per day via Outfall 001.
PRAXAIR INC which operates Praxair Port Arthur Hydrogen Facility, has applied for a renewal of TPDES Permit No. WQ0004605000, which authorizes the discharge of process wastewater, contaminated non-process wastewater, and steam condensate at a daily average flow not to exceed 133,000 gallons per day via Outfall 001. The facility is located at 2555 Savannah Avenue, within the boundaries of the Motiva Port Arthur Refinery, in the City of Port Arthur, in Jefferson County, Texas.
SYNAGRO OF TEXAS CDR INC has applied for a minor amendment to Texas Commission on Environmental Quality (TCEQ) permit No. WQ0004590000 to reduce the sludge application rate from 12 dry tons per acre per year to 10.02 dry tons per acre per year on Field 1, 5.93 dry tons per acre per year on Field 2, 5.31 dry tons per acre per year on Field 3, 4.46 dry tons per acre per year on Field 4, and 2.26 dry tons per acre per year on Field 5. The facility is located approximately 1 1/2 miles northeast of Rock Island, Texas, on Highway Alternate 90 and County Road 118 South in Colorado County, Texas.
VOLENTE GROUP PROPERTIES INC has applied for a new permit, Proposed Permit No. WQ0014798001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 46,000 gallons per day via a subsurface area drip dispersal system on 10.39 acres of non-public access land. The wastewater treatment facility and disposal site are located 2,100 feet east-southeast of the intersection of Reed Park Road and Farm-to-Market Road 1431 that is closest to Jonestown in Travis County, Texas. The wastewater treatment facility and disposal site are located in the drainage basin of Lake Travis in Segment No. 1404 of the Colorado River Basin.
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-200802505
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 14, 2008
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (TCEQ) on May 1, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Advantage Asphalt Products, Ltd.; SOAH Docket No. 582-07-2484; TCEQ Docket No. 2006-1434-AIR-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Advantage Asphalt Products, Ltd. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.
TRD-200802507
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 14, 2008
Request for Offers #303-8-11679
The Texas Facilities Commission (TFC), on behalf of the Texas Department of Public Safety (DPS), announces the issuance of a Request for Offers (RFO) #303-8-11679 to solicit Offers to sell qualified parcels of land to DPS, located Hidalgo County, Texas. The site should contain a minimum of 19 acres of land or 827,640 square feet of contiguous land; however, 25 acres is the preferred size. Sites greater than 25 acres will be considered.
The deadline for questions is May 30, 2008; and the deadline for offers is June 6, 2008 at 3:00 p.m. The award date is to be determined. TFC reserves the right to accept or reject any or all offers submitted. TFC is under no legal or other obligation to issue an award on the basis of this notice or the distribution of an RFO. Neither this notice nor the RFO commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting an offer may obtain information by contacting Richard Ehlert at (512) 463-0209 or Richard.Ehlert@tfc.state.tx.us. A copy of the RFO may be downloaded from the Electronic State Business Daily at: http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=76579.
TRD-200802511
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 14, 2008
The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), announces the issuance of Request for Proposals (RFP) #303-8-11642. TFC seeks a 5 or 10 year lease of approximately 3,785 square feet of office space in Georgetown, Williamson County, Texas.
The deadline for questions is May 30, 2008 and the deadline for proposals is June 6, 2008 at 3:00 p.m. The award date is July 16, 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=76511.
TRD-200802459
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 12, 2008
The Texas Facilities Commission (TFC), on behalf of the Department of Public Safety, announces the issuance of Request for Proposals (RFP) #303-8-11695. TFC seeks a 5 or 10 year lease of approximately 12,000 square feet of office space in Austin, Travis County, Texas.
The deadline for questions is June 2, 2008 and the deadline for proposals is June 13, 2008 at 3:00 p.m. The award date is July 16, 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=76535.
TRD-200802495
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 13, 2008
Notice of Adopted Nursing Facility Payment Rates for State Veterans Homes
Adopted Rates. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) adopts the following per day payment rates for the state-owned veterans nursing facilities for fiscal year (FY) 2008 effective September 1, 2007: Big Spring, $133.00; Bonham, $133.00; Floresville, $133.00; Temple, $133.00; McAllen, $133.00; El Paso, $133.00; and Amarillo, $133.00.
HHSC conducted a public hearing to receive public comment on the proposed payment rates for state-owned veterans homes in the nursing facility program operated by the Texas Department of Aging and Disability Services. There were no comments received during this hearing. The hearing was held in compliance with 1 Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing was held on May 6, 2008, at 9:00 a.m. in the Permian Basin Conference Room of Building H, Braker Center, at 11209 Metric Boulevard, Austin, Texas 78758-4021.
Methodology and Justification. The adopted rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.311.
TRD-200802484
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 13, 2008
Licensing Actions for Radioactive Materials
TRD-200802410
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: May 8, 2008
Announcement of a Request for Proposal for Investment Banking Services for Single Family Drawdown Bond Program
The Texas Department of Housing and Community Affairs ("TDHCA") is issuing this Request for Proposal ("RFP") from firms interested in providing investment banking services for its proposed Single Family Drawdown Bond Program which would replace TDHCA's current Single Family Mortgage Revenue Refunding Tax-Exempt Commercial Paper Notes Program.
Responses to the RFP must be emailed to TDHCA no later than 4:00 p.m. CDT on Thursday, June 5, 2008. To obtain a copy of the RFP, please email your request to the attention of Heather Hodnett at heather.hodnett@tdhca.state.tx.us or visit the Bond Finance Division web page at www.tdhca.state.tx.us.
TRD-200802438
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 9, 2008
1) Summary.
The Texas Department of Housing and Community Affairs ("the Department") announces the availability of approximately $9,280,000 in funding from the HOME Investment Partnerships Program for contract for deed conversions for low-income Texans. The availability and use of these funds is subject to the Department's HOME Program Rule at 10 Texas Administrative Code (10 TAC) Chapter 53 in effect at the time the application is submitted, the Federal HOME regulations governing the HOME program (24 CFR Part 92), and Chapter 2306, Texas Government Code. Other federal regulations may also apply such as, but not limited to, 24 CFR parts 50 and 58 for environmental requirements, 24 CFR §85.36 and §84.42 for conflict of interest and 24 CFR Part 5, subpart A for fair housing. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program.
2) Allocation of HOME Funds.
a) These funds are made available through the Department's deobligated HOME funds reserved for contract for deed conversions and the 2006, 2007, and 2008 allocations of HOME funds from the U.S. Department of Housing and Urban Development (HUD). The funds are set-aside for eligible applicants proposing to provide assistance to eligible homebuyers for the acquisition or the acquisition and rehabilitation, new construction or reconstruction of properties for the purposes of converting an eligible contract for deed to homeownership. In accordance with Rider 6 of the Department's General Appropriations Act, all funds released under this NOFA are to be used for contract for deed conversion for families that reside in a colonia with household income at or below 60% of the Area Median Family Income (AMFI), as defined by HUD.
b) In accordance with §2306.111, Texas Government Code, these funds are not subject to the Regional Allocation Formula (RAF).
c) In accordance with 10 TAC §53.48, this NOFA will be an open application cycle and funding will be available on a first-come, first-served basis. Applications will be accepted by the Department on an on-going basis until all funds have been awarded or 5:00 p.m. on May 1, 2009, whichever occurs first, regardless of method of delivery. Applicants are encouraged to review the application process cited above and described herein. Applications that do not meet eligibility and minimum threshold criteria will not be considered for funding.
3) Limitation on Funds.
a) Funds will not be eligible for use in a Participating Jurisdiction (PJ). Any HOME funds available for serving households in a PJ will only be made available under a separate NOFA for Persons with Disabilities as described in the 2008 State of Texas Consolidated Plan One-Year Action Plan.
b) The Department awards HOME funds to eligible organizations and the maximum award amount may not exceed $500,000 per contract. Applicants may apply for additional funds of up to $500,000 under this NOFA if the applicant has successfully committed 100% of the project funds of the previous award funded under this NOFA. The maximum amount of funds that may be awarded per applicant is $1 million under this NOFA. The minimum HOME assistance amount per unit may not be less than $1,000 per HOME assisted unit. The per-unit subsidy may not exceed the per-unit dollar limits established by the United States Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act, which are applicable to the area in which the development is located, and as published by HUD. The purchase price of the housing unit, plus the value of the rehabilitation or reconstruction if applicable, must not exceed 95% of the area's median purchase price as specified in the HUD §203(b) Limits.
c) The contract term shall not exceed 24 months and performance under the contract will be evaluated according to the following benchmarks:
(i) 6 months, exempt administrative and broad review environmental clearance must be complete, and if not tiering, the first Household to be assisted must be environmentally cleared;
(ii) 8 months, Authority to Use Grant Funds must be fully executed and all Households to be assisted must be environmentally cleared;
(iii) 12 months, 100% of funds must be committed to Households to be assisted;
(iv) 16 months, 100% of Household's Loans must be closed, if applicable;
(v) 22 months, 100% of construction must be complete for all Households to be assisted; and
(vi) 24 months, 100% funds drawn and 100% of match requirement supplied.
d) In accordance with 10 TAC §53.32(g), the maximum amount of assistance to an eligible household for acquisition and closing costs (including soft costs) for a contract for deed conversion is $25,000. In the case of a contract for deed conversion housing unit that involves both the acquisition of a loan on an existing MHU and the associated land, the Executive Director may grant an exception to exceed this amount; however, the Executive Director will not grant an exception to exceed $40,000 of assistance.
e) In accordance with 10 TAC §53.32(h), the maximum amount of assistance for rehabilitation (including soft costs) to an eligible household for a contract for deed conversion is limited to the OCC Program Activity requirements in 10 TAC §53.31(g) as follows:
i) Rehabilitation that is Reconstruction for 1 - 4 person Household: $60,000;
ii) Rehabilitation that is Reconstruction for 5 - 6 person Household: $67,500;
iii) Rehabilitation that is Reconstruction for 7 or more person Household: $75,000; and,
iv) Rehabilitation that is not Reconstruction: $30,000
f) Each applicant that is awarded HOME funds may also be eligible to receive funding for administrative costs. The award amount for administrative costs shall not exceed the amount allowed per 10 TAC §53.85.
4) Eligible and Prohibited Activities.
a) Eligible activities include those permissible under the federal HOME Final Rule at 24 CFR §92.205 and the Department's HOME Program Rule at 10 TAC §53.31 and §53.32 and must involve contract for deed conversion activity.
b) Prohibited activities include those at 24 CFR §92.214 and 10 TAC §53.37.
c) Funds will not be eligible for use in a PJ. Any HOME funds available for serving households in a PJ will only be made available under a separate NOFA for Persons with Disabilities as described in the 2008 State of Texas Consolidated Plan One-Year Action Plan.
5) Eligible and Ineligible Applicants.
a) Eligible applicants include nonprofit organizations, units of general local government, for-profit entities and public housing agencies.
b) Applicants may be ineligible for funding if they meet any of the criteria listed in 10 TAC §53.42 of the Department's HOME Program Rule, with the exception of applicants who have had funds deobligated for delays in completing their contractual requirements as described in 10 TAC §53.42(1). Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.
6) Matching Funds.
a) Applicants will be required to submit documentation on all financial resources to be used in the development that may be considered match to the Department's federal HOME requirements. Applicants must provide firm commitments as defined in accordance with the Federal HOME rules at 24 CFR §92.218 and the Department's Match Guide and will be provided with the appropriate forms and instructions on how to report eligible match.
7) Affordability Requirements.
a) Applicants should be aware that there are minimum affordability periods necessary for HOME-assisted housing. The unit assisted must be the primary residence of the homebuyer. Single family housing units assisted with HOME funds must comply with the required affordability requirements as defined at 24 CFR §92.254. Awarded organizations will provide the HOME assistance to the homebuyer in the form of a loan. Each loan will be in the form of a zero percent (0%) interest, deferred forgivable loan with a term based on the total amount of assistance provided and in accordance with 24 CFR §92.254. All loans to assisted homebuyers must be evidenced by loan documents provided by the Department. Each loan to an assisted homebuyer must be payable to the Department. Each loan for rehabilitation shall be evidenced by a construction loan agreement, note, deed of trust, mechanic's lien note, and mechanic's lien contract secured by the property and must be fully executed before any construction activities commence.
b) If at any time prior to the full loan period there occurs a resale of the property, a refinance of any superior lien, a repayment of any superior lien, or if the unit ceases to be the assisted homebuyer's principal residence, the remaining loan balance shall become due and payable.
c) Forgiveness of the loan balance is calculated based on a pro-rata annual share of the loan term. The anniversary date of the loan shall constitute completion of the year. Any partial year shall not be waived. The amount due will be based on the pro-rata share number of years of the remaining loan term.
d) In the event the home is sold (voluntary or involuntary), the assisted homebuyer will pay the loan balance from the shared net proceeds of the sale. The shared net proceeds are the sales price minus superior loan repayment (other than HOME funds) and any closing costs. A copy of the HUD closing statement must be provided.
8) Site and Construction Restrictions.
a) The property assisted must be located in a Colonia. Pursuant to 10 TAC Chapter 53, a Colonia is defined as a geographic area that is located in a county some part of which is within 150 miles of the international border of this state that consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood, and that:
i) has a majority population composed of individuals and families of low income and very low income, based on the federal Office of Management and Budget poverty index, and meets the qualifications of an economically distressed area under §17.921, Texas Water Code; or
ii) has the physical and economic characteristics of a Colonia, as determined by the Department.
b) Pursuant to 24 CFR §92.251, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, HOME-assisted new construction or rehabilitation must meet, as applicable, the International Residential Code, Texas Minimum Construction Standards (TMCS) and be in compliance with the basic access standards in new construction, established by §2306.514, Texas Government Code. In addition, housing that is rehabilitated with funds awarded under this NOFA must meet all applicable local codes, rehabilitation standards, ordinances, zoning ordinances, energy efficiency standards established by §2306.187, Texas Government Code, and energy standards as verified by RESCHECK, in accordance with the Final Rule.
c) All other HOME-assisted housing (e.g., acquisition) must meet all applicable State and local housing quality standards and code requirements and if there are no such standards or code requirements, the housing must meet the housing quality standards in 24 CFR §982.401. When HOME funds are used for a rehabilitation development the entire unit must be brought up to the applicable property standards, pursuant to 24 CFR §92.251(a)(1).
9) Threshold Criteria.
The following threshold criteria listed in this subsection are mandatory requirements at the time of application submission unless specifically indicated otherwise:
a) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least $50,000 to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are paid by program funds. Evidence of this commitment must be included in the Applicant's resolution.
b) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment of cash reserves for use during the contract period, source of funds for match obligation and match dollar amount, naming a person authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services.
c) Colonia Status Requirement: Applicants are required to submit support documentation verifying that the targeted Colonia(s) in which the proposed households will be assisted is registered with the Office of the Attorney General or the Secretary of the State as a Colonia. Information regarding Colonia status is available online through the Office of the Attorney General at http://maps.oag.state.tx.us/colgeog/ and through the Secretary of the State at http://www.sos.texas.gov/border/colonias/reg-colonias/index.shtml.
d) Match: Applicants are required to provide eligible match in the amount of 5% or more of the requested project funds. Applicants will be required to submit documentation on all financial resources to be used in the development that may be considered match to the Department's federal HOME requirements. Applicants must provide firm commitments in accordance with the Federal HOME rules at 24 CFR §92.218 and the Department's Match Guide. Match is a threshold requirement.
10) Review Process.
a) Pursuant to 10 TAC §53.48, each application will be handled on a first-come, first-served basis as further described in this section. Each application will be assigned a "received date" based on the date and time it is physically received by the Department. Then each application will be reviewed on its own merits as applicable. Applications will continue to be prioritized for funding based on their "received date." Applications will be reviewed for applicant and activity eligibility, and threshold criteria as described in this NOFA.
The Department will ensure review of materials required under the NOFA and Application Submission Procedures Manual (ASPM) and will issue a notice of any Administrative Deficiencies within 45 days of the received date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase will be reviewed for recommendation to the Board by the Committee.
Because Applications are processed in the order they are received by the Department, it is possible that the Department will expend all available HOME funds before an Application has been completely reviewed. If on the date an Application is received by the Department, no funds are available under this NOFA, the Applicant will be notified that no funds exist under the NOFA and the Application will not be processed.
b) Pursuant to the 10 TAC §53.42 if a submitted Application has an entire volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department, will be terminated without being processed as an Administrative Deficiency.
c) The Department may decline to consider any Application if the proposed activities do not, in the Department's sole determination, represent a prudent use of the Department's funds. The Department is not obligated to proceed with any action pertaining to any Applications that are received, and may decide it is in the Department's best interest to refrain from pursuing any selection process. The Department strives, through its loan terms, to securitize its funding while ensuring the financial feasibility of a Development. The Department reserves the right to negotiate individual elements of any Application.
d) In accordance with §2306.082 Texas Government Code and 10 TAC §53.6, it is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC §1.17.
e) An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.
11) Application Submission.
a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on May 1, 2009. The Department will accept applications from 8:00 a.m. to 5:00 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. Question regarding this NOFA should be addressed to:
HOME Division
221 E. 11th Street
Austin, Texas 78701
Telephone: (512) 463-8921
E-mail: HOME@tdhca.state.tx.us
b) All applications must be submitted, and shall include all documentation, as described in this NOFA and associated application materials.
c) Applicants must submit one complete printed copy of all Application materials and one complete scanned copy of the Application materials as detailed in the Application Submission Procedures Manual (ASPM). All scanned copies must be scanned in accordance with the guidance provided in the ASPM.
d) All Application materials including manuals, NOFA, program guidelines, and all applicable HOME rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the HOME Rule and threshold requirements in effect at the time of the Application submission. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.
e) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee. The Application fee is not an allowable or reimbursable cost under the HOME Program.
f) Applications must be sent via overnight delivery to:
HOME Division
Texas Department of Housing and Community Affairs
221 East 11th Street
Austin, Texas 78701-2410
or via the U.S. Postal Service to:
HOME Division
Texas Department of Housing and Community Affairs
Post Office Box 13941
Austin, Texas 78711-3941
NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular HOME CHDO Rental Housing Development Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.
TRD-200802487
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 13, 2008
1) Summary.
The Texas Department of Housing and Community Affairs ("the Department") announces the availability of approximately $1,844,000 in funding from the Housing Trust Fund for financing of affordable rental housing for very low-income and extremely low-income Texans. The availability and use of these funds is subject to the state Housing Trust Fund Rules at 10 Texas Administrative Code (10 TAC) Chapter 51 ("HTF Rules") and Chapter 2306, Texas Government Code in effect at the time an application is submitted. Applicants are encouraged to familiarize themselves with all of the applicable rules that govern the program.
2) Allocation of Housing Trust Funds.
a) These funds are made available through General Revenue Funds and local revenues appropriated to the Housing Trust Fund during the 80th Legislative Session for financing rental housing developments which involve new construction, rehabilitation or acquisition and rehabilitation. All funds released under this NOFA are to be used for the subsidizing of affordable rental housing units that target very low-income Texans earning 50 percent or less of Area Median Family Income (AMFI) and are not being funded with Housing Tax Credits. Additionally, if the funds are used to target extremely low-income Texans earning 30 percent or less of the AMFI and those units are not designated to serve extremely low-income households through another subsidy source with the exception of developments with existing and continuing USDA §515 program loans and rental assistance or project-based Section 8, the Department may allow a forgivable loan only for those extremely low-income units.
b) In accordance with 10 TAC §51.8, this NOFA will be an Open Application Cycle and funding will be available on a first-come, first-served statewide basis. Applications will be accepted until 5:00 p.m. September 1, 2008 unless all funds are committed prior to this date. Applicants are encouraged to review the application process cited above and described herein. Applications that do not meet minimum threshold and financial feasibility will not be considered for funding.
c) The Department will allocate Housing Trust Fund awards as a loan, to eligible recipients for the provision of housing for very low and extremely low-income individuals and families. Funds will be distributed primarily in rural areas and may include developments that have previously received a Housing Tax Credits award from the Department more than five (5) years ago Special emphasis will be given to applications that propose smaller developments. The Department's underwriting guidelines at 10 TAC §1.32 will be used which set as a minimum feasibility a 1.15 debt coverage ratio.
d) Award amounts are limited to no more than $500,000 per development.
e) Developments involving rehabilitation must establish that the rehabilitation will substantially improve the condition of the housing and will involve at least $12,000 per unit in direct hard costs, unless the property is also being financed by the United States Department of Agriculture's Rural Development program.
3) Eligible and Ineligible Activities and Restrictions.
a) Eligible activities will include the financing, new construction, acquisition and/or rehabilitation of affordable rental housing developments.
b) Ineligible activities include the acquisition, rehabilitation, reconstruction or refinancing of affordable rental housing constructed within the past five (5) years or previously funded by the Department.
c) Ineligible activities include financing for any property that also has received a Housing Tax Credit award within the last five (5) years.
d) Restrictions include the displacement of existing affordable housing. Pursuant to §2306.203(a)(4) of the Texas Government Code, Housing Trust Funds shall not be utilized on a development that has the effect of permanently and involuntarily displacing low, very low, and extremely low income persons and families. Low-Income persons who may be temporarily displaced by the rehabilitation of affordable housing may be eligible for compensation of moving and relocation expenses. If a Housing Trust Fund recipient violates the permanent dislocation provision of this subsection, that recipient risks loss of Housing Trust Funds and the landlord/developer must pay the affected tenant's costs and all moving expenses.
4) Eligible and Ineligible Applicants.
a) The Department provides HTF to qualified local units of government, public housing authorities, nonprofit organizations and for-profit entities.
b) Ineligible Applicants will include the following:
i) Previously funded recipient(s) whose Housing Trust Funds have been partially or fully deobligated due to failure to meet contractual obligations during the twelve (12) months prior to the current funding cycle;
ii) Applicants, or persons affiliated with the Applicant that have been barred, suspended, or terminated from procurement in a state or federal program and listed in the List of Parties Excluded from Federal Procurement of Non-procurement Programs;
iii) Applicants or persons affiliated with the Applicant that are subject of enforcement action under state or federal securities law, or are the subject of an enforcement proceeding with a state or federal agency or another governmental entity;
iv) Applicants or persons affiliated with the Applicant that have unresolved audit findings related to previous or current funding agreements with the Department;
v) Applicants or persons affiliated with the Applicant that have delinquent loans, fees or other commitments with the Department, until payment is made;
vi) Applicants who have not satisfied all threshold requirements described in this title, and the NOFA to which they are responding, and for which Administrative Deficiencies were unresolved;
vii) Applicants who have submitted incomplete Applications;
viii) Applicants or persons affiliated with the Applicant that have been otherwise barred by the Department;
ix) Applicants are subject to 10 TAC §1.13; or
x) Applicants or persons affiliated with the Applicant that have breached a contract with a public agency.
c) Each Application will be reviewed for its compliance history by the Department, consistent with 10 TAC Chapter 60. Applicants, or persons affiliated with an Application, found to have a Development or Contract in Material Noncompliance with the Department, will have their Application(s) terminated.
5) Affordability Requirements.
a) Pursuant to §2306.203(6) of the Texas Government Code, Applicants proposing multifamily housing, new construction or rehabilitation, will be required to guarantee the Development will remain affordable to income qualified families or individuals for a period of 20 years.
b) Properties will be restricted under a Land Use Restriction Agreement ("LURA"), or other such instrument as determined by the Department for these terms. Among other restrictions, the LURA may require the owner of the property to continue to accept subsidies which may be offered by the federal government, prohibit the owner from exercising an option to prepay a federally insured loan, impose tenant income-based occupancy and rental restrictions, or impose any of these and other restrictions as deemed necessary at the sole discretion of the Department in order to preserve the property as affordable housing on a case-by-case basis.
6) Site and Development Restrictions.
a) Housing that is constructed or rehabilitated with HTF funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of local codes applications will be required to meet Texas Minimum Construction Standards, as well as the Fair Housing Accessibility Standards and §504 of the Rehabilitation Act of 1973. Developments must also meet all local building codes or standards that may apply.
b) Housing must meet the accessibility requirements at 24 CFR Part 8, which implements §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and covered multifamily dwellings, as defined at 24 CFR §100.201, must also meet the design and construction requirements at 24 CFR §100.205, which implement the Fair Housing Act (42 U.S.C. §3601 - 3619). Any Developments designed as single family structures must also satisfy the requirements of §2306.514, Texas Government Code.
7) Threshold Criteria.
a) Housing units subsidized by HTF funds must be affordable to very-low (50% AMFI or below) or extremely low-income (30% AMFI or below) persons. Mixed Income rental developments may only receive funds for units that serve very-low or extremely low-income persons. All applications intended to serve persons with disabilities must adhere to the Department's Integrated Housing Rule at 10 TAC §1.15.
b) The Recipient must establish a reserve account consistent with §2306.186, Texas Government Code, and as further described in 10 TAC §1.37.
c) The following Threshold Criteria listed in this subsection are mandatory requirements at the time of Application submission unless specifically indicated otherwise. Applicants must demonstrate the application can meet the following threshold criteria to be considered for funding:
i) The application is consistent with the requirements established in the HTF rules and the NOFA.
ii) The Applicant provides evidence of its ability to carry out the proposal in the areas of financing, acquiring, rehabilitating, developing or managing an affordable housing development.
iii) To encourage the inclusion of families and individuals with the highest need for affordable housing, applicants must target units for individuals or families earning 50% or less of area median family income for the development site.
iv) An applicant is not eligible to apply for funds or any other assistance from the Department unless audits are current at the time of application or the Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b).
8) Review Process.
a) Pursuant to 10 TAC §51.8, each application will be handled on a first-come, first-served basis as further described in this section. Each application will be assigned a "Received Date" based on the date and time it is physically received by the Department. Then each application will be reviewed on its own merits in two review phases, as applicable. Applications will continue to be prioritized for funding based on their "Received Date" unless they do not proceed into the next phase(s) of review. Applications proceeding in a timely fashion through a phase will take priority over applications that may have an earlier "Received Date" but that did not timely complete a phase of review. Applications will be reviewed for Applicant and Activity Eligibility, Threshold Criteria, and Financial Feasibility as described in this NOFA.
Phase One will begin as of the Received Date and will include a review of eligibility and threshold criteria and all Application requirements. The Department will ensure review of materials required under the NOFA and ASPM and will issue a notice of any Administrative Deficiencies for threshold criteria and eligibility within 45 days of the Received Date. Applicants who are able to resolve their Administrative Deficiencies within five (5) business days will be forwarded into Phase Two, if applicable, and will continue to be prioritized by their Received Date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase and do not require additional review in Phase Two will be reviewed for recommendation to the Board by the Committee.
Phase Two will include a comprehensive review for financial feasibility for Development Activities. Financial feasibility reviews will be conducted by the Real Estate Analysis (REA) Division consistent with 10 TAC §1.32. REA will create an underwriting report identifying staff's recommended Loan terms, the Loan or Grant amount and any conditions to be placed on the Development. The Department will issue a notice of any Administrative Deficiencies within 45 days of the date the Application enters Phase Two. Applications with Administrative Deficiencies not satisfied within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase will be reviewed for recommendation to the Board by the Committee.
Because applications are processed in the order they are received by the Department, it is possible that the Department will expend all available Housing Trust Fund funds before an application has completed all phases of review. In the case that all Housing Trust Fund funds are committed before an application has completed all phases of the review process, the Department will notify the applicant that their application will remain active for ninety (90) days in its current phase. If new Housing Trust Fund funds become available, Applications will continue onward with their review without losing their Received Date priority. If Housing Trust Fund funds do not become available within ninety (90) days of the notification, the Applicant will be notified that their Application is no longer under consideration. The applicant must reapply to be considered for future funding. If on the date an Application is received by the Department, no funds are available under the NOFA, the applicant will be notified that no funds remain under the NOFA and that the application will not be processed.
b) If a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined, will be terminated without being processed as an Administrative Deficiency.
c) Pursuant to 10 TAC §51.8(e), a site visit will be conducted as part of the HTF Program development feasibility review. Applicants must receive recommendation for approval from the Department to be considered for HTF funding by the Board.
d) The Department may decline to consider any Application if the proposed activities do not, in the Department's sole determination, represent a prudent use of the Department's funds. The Department is not obligated to proceed with any action pertaining to any Applications which are received, and may decide it is in the Department's best interest to refrain from pursuing any selection process. The Department strives, through its loan terms, to securitize its funding while ensuring the financial feasibility of a Development. The Department reserves the right to negotiate individual elements of any Application.
e) In accordance with §2306.082 Texas Government Code and 10 TAC §51.8(g), it is the Department's policy to encourage the use of appropriate Alternative Dispute Resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator. For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC §1.17.
f) An Applicant may appeal decisions made by staff in accordance with 10 TAC §1.7.
9) Application Submission.
a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on September 1, 2008. The Department will accept applications from 8:00 a.m. to 5:00 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's web site until the deadline. For questions regarding this NOFA please contact Barbara Skinner at (512) 475-1643 or via e-mail at barbara.skinner@tdhca.state.tx.us.
b) If an Application is submitted to the Department for a Development that requests funds from two separate housing finance programs, and only one of the housing finance programs is operated as a competitive cycle, the Application will be handled in accordance with the guidelines for each housing program. The Applicant is responsible for adhering to the deadlines and requirements of both programs. If an Application is submitted for two separate housing finance programs where both programs are either open cycle, or competitive, the Application will be handled in accordance with the guidelines of each housing program. The Applicant is responsible for adhering to the deadlines and requirements of both programs.
c) Applications submitted to the Department must be complete and include all support documentation and associated application materials as described in this NOFA.
d) Applicants must submit two complete printed copies of all Application materials as detailed in the 2007 ASPM for Housing Trust Fund.
e) The application consists of three parts: bound items, unbound items and electronic submission. A complete application for each proposed development must be submitted. Incomplete applications or improperly bound applications will not be accepted. The bound volumes of the application must be bound using red pressboard binders. Each volume must be submitted in a separate red pressboard binder. If the required documentation for a volume exceeds the capacity of one binder, a second binder may be used to subdivide the volume.
f) If third party reports are not received at the time of application submission, the Application will be terminated.
g) Application materials including manuals, NOFA, program guidelines, and applicable Housing Trust Fund rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the Housing Trust Fund Rule and threshold requirements in effect at the time of the Application submission. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.
h) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $200.00 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee.
i) Applications must be sent via overnight delivery to:
HOME Division
Texas Department of Housing and Community Affairs
Attn: Barbara Skinner
221 East 11th Street
Austin, Texas 78701-2410
or via the U.S. Postal Service to:
HOME Division
Texas Department of Housing and Community Affairs
Attn: Barbara Skinner
Post Office Box 13941
Austin, Texas 78711-3941
NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular Housing Trust Fund Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable State and Federal regulations.
TRD-200802488
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 13, 2008
For the federal fiscal year (FFY) 2009 that begins October 1, 2008, the Texas Department of Housing and Community Affairs (TDHCA) anticipates receiving federal funds to continue the operation of certain programs that assist very low-income Texans with home energy. While in the process of deciding how to use Low Income Home Energy Assistance Program (LIHEAP) funds, TDHCA now seeks opinions of groups affected by LIHEAP programs as well as opinions of other interested citizens.
As part of the public information, consultation, and public hearing requirements for LIHEAP, the Community Affairs Division of TDHCA will post the proposed plan on the TDHCA internet site and conduct a public hearing. Primarily, the hearing solicits comments on the proposed use and distribution of FFY 2009 funds provided under LIHEAP. LIHEAP provides funding for the Weatherization Assistance Program (WAP) and utility assistance--known as "Comprehensive Energy Assistance Program (CEAP)."
The public hearing has been scheduled as follows:
Monday, June 9, 2008, 2:00 p.m.
Room #227, Thomas Jefferson Rusk Building
208 East 10th Street
Austin, Texas 78701
A representative from TDHCA will explain the planning process and receive comments from interested citizens and affected groups regarding the proposed plan for LIHEAP subrecipients. A copy of the Draft LIHEAP Plan may be obtained after May 23, 2008, through TDHCA's web site, http://www.tdhca.state.tx.us/ea.htm or by contacting the Texas Department of Housing and Community Affairs, Community Affairs Division, Energy Assistance Section, P.O. Box 13941, Austin, Texas 78711-3941, or by phone at (512) 475-1435.
Anyone may submit comments on the draft plan in written form or oral testimony at the public hearing. TDHCA must receive written comments no later than 5:00 p.m., Monday, June 9, 2008. Comments concerning the draft plan may be submitted via the Internet to john.touchet@tdhca.state.tx.us or by fax (512) 475-3935 or through John Touchet at TDHCA using the postal service address provided above. If an individual has questions regarding the public hearing process or any of the programs referenced above, please contact TDHCA, Community Affairs Division, Energy Assistance Section.
Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.
Non-English speaking individuals who require interpreters for this meeting should contact John Touchet, (512) 475-1435 at least three days before the meeting so that appropriate arrangements can be made.
Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.
TRD-200802513
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 14, 2008
The Texas Department of Housing and Community Affairs (TDHCA) is requesting proposals to provide market analysis relating to affordable housing in Deaf Smith, Castro, and Parmer Counties (study area). The market analysis will be made available to the public and may be used by TDHCA to aid in decisions regarding its various programs.
The selected proposal will evaluate the need for additional affordable rental housing in the study area and issue a user friendly report for TDHCA. The respondent will define and analyze submarkets within the study area as part of the overall report.
Submissions are due on May 30, 2008 and the final analysis will be completed by August 18, 2008. See the TDHCA website for the complete request for proposals: http://www.tdhca.state.tx.us/housing-center/index.htm.
Proposals must comply with rules and statutes relating to purchasing in the State of Texas. Late and/or unsigned proposals will not be considered. The person submitting the proposal must have the authority to bind the organization in a contract. Submissions received after 5:00 p.m. (CST) on the due date will not be considered.
Three hard copies of the proposal should be delivered to the following address: (Facsimiles will not be accepted.)
Texas Department of Housing and Community Affairs
Attn: Brenda Hull, Housing Resource Center
221 East 11th Street
P.O. Box 13941
Austin, TX 78711-3941
(512) 305-9038
TRD-200802500
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 13, 2008
Instant Game Number 1071 "Table Stakes"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1071 is "TABLE STAKES". The play style is "key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1071 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1071.
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, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 2X, $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 TAC GAME NO. 1071 - 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 (1071), 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: 1071-0000001-001.
K. Pack - A pack of "TABLE STAKES" 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 "TABLE STAKES" Instant Game No. 1071 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 "TABLE STAKES" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR CHIPS play symbols to either WINNING CHIP play symbol, the player wins the PRIZE shown for that CHIP. If a player reveals a "2X" play symbol, the player wins DOUBLE the PRIZE shown for that CHIP! No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The "2X" (doubler) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. No three or more matching non-winning prize symbols on a ticket.
D. No duplicate WINNING CHIPS play symbols on a ticket.
E. No duplicate non-winning YOUR CHIPS play symbol 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 CHIPS play symbol (i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "TABLE STAKES" 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 "TABLE STAKES" 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 "TABLE STAKES" 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 "TABLE STAKES" 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 "TABLE STAKES" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 7,080,000 tickets in the Instant Game No. 1071. The approximate number and value of prizes in the game are as follows:
Figure 2: 16 TAC GAME NO. 1071 - 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. 1071 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. 1071, 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-200802413
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 8, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1072 is "$100,000 CASH SPECTACULAR". The play style is "key number match with win all".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1072 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 1072.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol- The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, $$ SYMBOL, $10.00, $20.00, $25.00, $30.00, $50.00, $100, $200, $500, $1,000, $2,000 and $100,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1072 - 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 $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $30.00, $50.00, $70.00, $100, $200, $400 or $500.
H. High-Tier Prize - A prize of $1,000, $2,000 or $100,000.
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 (1072), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 1072-0000001-001.
K. Pack - A pack of "$100,000 CASH SPECTACULAR" Instant Game tickets contains 050 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 will both 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 "$100,000 CASH SPECTACULAR" Instant Game No. 1072 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "$100,000 CASH SPECTACULAR" Instant Game is determined once the latex on the ticket is scratched off to expose 44 (forty-four) Play Symbols. The player scratches the entire play area. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a "$$" play symbol, the player wins ALL 20 PRIZES. 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 44 (forty-four) 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 44 (forty-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 44 (forty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 44 (forty-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 will not have identical play data, spot for spot.
B. No four or more matching non-winning prize symbols on a ticket.
C. The "$$" (win all) play symbol will only appear on intended winning tickets as dictated by the prize structure.
D. When the "$$" (win all) play symbol appears, there will be no occurrence of any YOUR NUMBER play symbols matching any WINNING NUMBER play symbol.
E. No duplicate WINNING NUMBERS play symbols on a ticket.
F. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
G. Non-winning prize symbols will never be the same as the winning prize symbol(s).
H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 10 and $10).
I. The top prize symbol will appear at least once on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "$100,000 CASH SPECTACULAR" Instant Game prize of $10.00, $20.00, $30.00, $50.00, $70.00, $100, $200, $400 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 $30.00, $50.00, $70.00, $100, $200, $400 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$100,000 CASH SPECTACULAR" Instant Game prize of $1,000, $2,000 or $100,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "$100,000 CASH SPECTACULAR" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$100,000 CASH SPECTACULAR" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "$100,000 CASH SPECTACULAR" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 3,000,000 tickets in the Instant Game No. 1072. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1072 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. 1072, 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-200802414
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 8, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1074 is "3 TIMES LUCKY". The play style is "key number match with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1074 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 1074.
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, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 3X SYMBOL, CLOVER SYMBOL, $3.00, $6.00, $9.00, $10.00, $15.00, $18.00, $20.00, $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: GAME NO. 1074 - 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 (1074), 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: 1074-0000001-001.
K. Pack - A pack of "3 TIMES LUCKY" 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 "3 TIMES LUCKY" Instant Game No. 1074 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 "3 TIMES LUCKY" 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 LUCKY NUMBER play symbol, the player wins the PRIZE shown for that number. If a player reveals a "CLOVER" play symbol, the player wins the PRIZE shown for that symbol instantly. If a player reveals a "3X" play symbol, the player wins 3 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 in a pack will not have identical play data, spot for spot.
B. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
C. No duplicate LUCKY NUMBERS play symbols on a ticket.
D. No more than two matching non-winning play symbols on a ticket.
E. A non-winning prize symbol will never be the same as a winning prize symbol.
F. No prize amount in a non-winning spot will correspond with the YOUR NUMBER play symbol (i.e. 10 and $10).
G. The CLOVER (auto win) play symbol will never appear more than once on a ticket.
H. The 3X (tripler) play symbol will only appear on intended winning tickets as dictated by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "3 TIMES LUCKY" 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 "3 TIMES LUCKY" 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 "3 TIMES LUCKY" 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 "3 TIMES LUCKY" 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 "3 TIMES LUCKY" 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 5,040,000 tickets in the Instant Game No. 1074. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1074 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. 1074, 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-200802415
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 8, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1084 is "LOTERIA® TEXAS". The play style is "coordinate with prize legend".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1084 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 1084.
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: THE ARROWS SYMBOL, THE BELL SYMBOL, THE BOOT SYMBOL, THE CACTUS SYMBOL, THE CANOE SYMBOL, THE CROWN SYMBOL, THE DEER SYMBOL, THE DRUM SYMBOL, THE FISH SYMBOL, THE FLOWERPOT SYMBOL, THE FROG SYMBOL, THE HAND SYMBOL, THE LADDER SYMBOL, THE MERMAID SYMBOL, THE MOON SYMBOL, THE MUSICIAN SYMBOL, THE PARROT SYMBOL, THE PEAR SYMBOL, THE PITCHER SYMBOL, THE ROOSTER SYMBOL, THE ROSE SYMBOL, THE STAR SYMBOL, THE SUN SYMBOL, THE TREE SYMBOL, THE UMBRELLA SYMBOL, THE VIOLIN SYMBOL, THE WATERMELON SYMBOL, THE WORLD SYMBOL and THE BARREL SYMBOL.
D. Play Symbol Caption - the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 1084 - 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, $4.00, $7.00, $10.00, $17.00 or $20.00.
G. Mid-Tier Prize - A prize of $30.00, $33.00, $50.00, $80.00 or $300.
H. High-Tier Prize - A prize of $3,000 or $33,000.
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 (1084), 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: 1084-0000001-001.
K. Pack - A pack of "LOTERIA® TEXAS" 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 "LOTERIA® TEXAS" Instant Game No. 1084 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 "LOTERIA® TEXAS" Instant Game is determined once the latex on the ticket is scratched off to expose 30 (thirty) play symbols. The player scratches off the CALLER’S CARD area to reveal 14 symbols. The player scratches only the symbols on the LOTERIA® CARD that match the symbols revealed on the CALLER’S CARD to reveal a bean. The player reveals 4 beans in any complete horizontal or vertical line in the LOTERIA® CARD to win the prize shown for that line. 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 30 (thirty) 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 30 (thirty) 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 30 (thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 30 (thirty) 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. A ticket may win up to three (3) times per the prize structure.
C. No adjacent tickets will contain identical CALLER’S CARD play symbols in exactly the same locations.
D. No duplicate play symbols in the CALLER’S CARD play area.
E. On non-winning tickets, there will be at least one near win. A near win is defined as matching 3 of the 4 symbols to the CALLER’S CARD for a given row or column.
F. There will be no occurrence of all 4 symbols in either diagonal matching the CALLER’S CARD symbols.
G. At least 8, but no more than 12, CALLER’S CARD play symbols will match a symbol on the LOTERIA® CARD on a ticket.
H. No duplicate play symbols on a LOTERIA® CARD as indicated in the artwork section.
I. Each LOTERIA® CARD will have an occurrence of the rooster symbol as indicated in the artwork section.
2.3 Procedure for Claiming Prizes.
A. To claim a "LOTERIA® TEXAS" Instant Game prize of $3.00, $4.00, $7.00, $10.00, $17.00, $20.00, $30.00, $33.00, $50.00, $80.00, 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, $33.00, $50.00, $80.00, 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 "LOTERIA® TEXAS" Instant Game prize of $3,000 or $33,000, 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 "LOTERIA® TEXAS" 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 "LOTERIA® TEXAS" 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 "LOTERIA® TEXAS" 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. 1084. The approximate number and value of prizes in the game are as follows:
Figure 2: 16 TAC GAME NO. 1084 - 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. 1084 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. 1084, 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-200802416
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 8, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1093 is "BLACKJACK 21". The play style is "poker".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1093 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1093.
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: 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000 and $50,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
FIGURE 1: GAME NO. 1093 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
H. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 20 (twenty) digit number consisting of the four (4) digit game number (1093), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 75 within each pack. The format will be: 1093-0000001-001.
K. Pack - A pack of "BLACKJACK 21" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
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 "BLACKJACK 21" Instant Game No. 1093 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 "BLACKJACK 21" Instant Game is determined once the latex on the ticket is scratched off to expose 40 (forty) Play Symbols. If your HAND beats the DEALER'S HAND within a GAME, the player wins the PRIZE shown for that HAND. If your HAND is Blackjack (21), the player wins DOUBLE the PRIZE shown for that HAND. 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 40 (forty) 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 40 (forty) 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 40 (forty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 40 (forty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The top prize symbol will appear on every ticket unless otherwise restricted.
C. Non-winning prize symbols will never be the same as the winning prize symbol(s).
D. No duplicate non-winning HAND 1-4 play symbol within a GAME.
E. No duplicate non-winning prize symbol within a GAME.
F. No more than 3 matching non-winning prize symbols on a ticket.
G. No ties between HAND 1-4 play symbols and the DEALER'S HAND play symbol within a GAME.
H. The "21" (doubler) play symbol will only appear as dictated by the prize structure.
I. The "21" (doubler) play symbol will only appear once within a GAME.
J. No prize amount in a non-winning spot will correspond with the HAND 1-4 play symbols (i.e. 20 and $20).
K. No duplicate non-winning GAMES on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "BLACKJACK 21" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "BLACKJACK 21" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "BLACKJACK 21" 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 "BLACKJACK 21" 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 "BLACKJACK 21" 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. 1093. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1093 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. 1093, 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-200802417
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 8, 2008
Notice of Application for a Certificate to Provide Retail Electric Service
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 5, 2008, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Occidental Power Services, Inc. for Retail Electric Provider (REP) Certification, Docket Number 35644 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes a service area defined by customers.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 30, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35644.
TRD-200802475
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 12, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 8, 2008, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Nooruddin Investments LLC for Retail Electric Provider (REP) Certification, Docket Number 35659 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 30, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35659.
TRD-200802502
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2008
On May 5, 2008, Global Connection, Inc. of America 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 60682. Applicant intends to reflect a change in ownership/control.
The Application: Application of Global Connection, Inc. of America for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 35640.
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 May 29, 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 35640.
TRD-200802473
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 12, 2008
On May 8, 2008, Phonoscope, LLC 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 60361. Applicant intends to reflect a change in corporate restructuring.
The Application: Application of Phonoscope, LTD for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 35660.
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 May 29, 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 35660.
TRD-200802503
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 13, 2008
Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 5, 2008, for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418, and designation as an eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.417.
Docket Title and Number: Application of SC TxLink, LLC for Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider. Docket Number 35641.
The Application: The company is requesting ETC and ETP designation in the exchanges and study areas of Southwestern Bell Telephone Company d/b/a AT&T Texas, Verizon Southwest, and Embarq.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by June 12, 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 1-800-735-2989 to reach the commission's toll free number 1-888-782-8477. All comments should reference Docket Number 35641.
TRD-200802474
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 12, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 6, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Managed Services, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 35647 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service and long distance services.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 29, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35647.
TRD-200802476
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 12, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 6, 2008, for an amendment to certificated service area boundaries within Brooks County, Texas.
Docket Style and Number: Joint Application of Medina Electric Cooperative, Inc. and AEP Texas Central Company to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Brooks County, Docket Number 35649.
The Application: Medina Electric Cooperative, Inc. (MEC) and AEP Texas Central Company (TCC) seek a boundary change in order to allow MEC to provide service to a rural area upon customer request. For TCC to provide service to the relevant area, it would require TCC to construct approximately 12,000 feet of new line. MEC can provide service to the requested area by constructing approximately 4,200 feet of new line. As joint applicants, both utilities are in agreement and support the application.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than May 30, 2008 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All comments should reference Docket Number 35649.
TRD-200802478
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 12, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 8, 2008, for an amendment to certificated service area boundaries within LaSalle County, Texas.
Docket Style and Number: Joint Application of Medina Electric Cooperative, Inc. and AEP Texas Central Company to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within LaSalle County, Docket Number 35657.
The Application: Medina Electric Cooperative, Inc. (MEC) and AEP Texas Central Company (TCC) seek a boundary change in order to allow TCC to provide service to a new residence upon customer request. TCC has existing distribution line on the ranch and can provide service to the relevant area in the most economical manner. As joint applicants, both utilities are in agreement and support the application.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than May 30, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All comments should reference Docket Number 35657.
TRD-200802483
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 12, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 6, 2008, for an amendment to certificated service area boundaries within Medina County, Texas.
Docket Style and Number: Joint Application of Medina Electric Cooperative, Inc. and AEP Texas Central Company to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Medina County, Docket Number 35648.
The Application: Medina Electric Cooperative, Inc. (MEC) and AEP Texas Central Company (TCC) seek a boundary change in order to allow MEC to provide service to an area without having to traverse Interstate 35. For TCC to provide service to the relevant area, it would require TCC to traverse Interstate 35 in some manner. As joint applicants, both utilities are in agreement and support the application.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than May 30, 2008 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All comments should reference Docket Number 35648.
TRD-200802477
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 12, 2008
The staff of the Public Utility Commission of Texas (PUC or commission) has initiated Project Number 35444, Rulemaking to Update Substantive Rule §25.93 for the Nodal Market Transactions and Associated Filing Software. PUC Substantive Rule §25.93 requires any person, municipally owned utility, electric cooperative and river authority that owns electric generation facilities and offers electricity for sale in this state as well as power marketers as defined in PUC Substantive Rule §25.5, relating to Definitions, to submit all wholesale transactions for the sale of electricity that begin or terminate in Texas, or occur entirely within Texas, including areas of the state not served by the Electric Reliability Council of Texas (ERCOT).
The commission will hold a workshop to discuss the rule on Monday, June 16, 2008, at 10:00 a.m. in the Commissioners' Hearing Room, Public Utility Commission of Texas, 1701 N. Congress Avenue, Austin, Texas 78701.
Questions concerning Project Number 35444 should be referred to Tony Grasso, Market Economist, Wholesale Markets Section of the Competitive Markets Division, (512) 936-7385. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200802464
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 12, 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 September 1, 2003), which provides that the commission shall establish rules and procedures through which a builder can be designated as a "Texas Star Builder." The commission rules for application for designation can be found on the commission's website at www.trcc.state.tx.us.
10 TAC §303.300(i)(2) requires the commission to publish in the Texas Register notice of the application of each person seeking to become designated as a "Texas Star Builder" registered under this subchapter. The commission will accept public comment on each application for 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:
Kurk-McGinley Enterprises, Inc., 6700 Woodlands Pkwy., Ste. 230-318, The Woodlands, Texas 77382. Kurk-McGinley Enterprises Inc. holds TRCC builder registration #1765. The applicant's registered agent is Michael McGinley.
Steve Snider, Inc., 3822 Normandy, Dallas, Texas 75205. Steve Snider Inc. holds TRCC builder registration #1853. The applicant's registered agent is Patricia Snider.
Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, 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-200802501
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: May 13, 2008
Notice of Intent - State Highway 71/United States Highway 290, Travis County, Texas
Pursuant to 43 TAC §2.5(e)(2), the Texas Department of Transportation (department), in cooperation with the Federal Highway Administration (FHWA), is issuing this notice to advise the public that a limited-scope Supplemental Environmental Impact Statement (SEIS) will be prepared for a proposed transportation project. The limited scope of the project is State Highway (SH) 71 from Riverside Drive to SH 130, in Travis County, Texas. The project length is approximately 6.5 miles. The improvements proposed between Riverside Drive and Farm-to-Market Road (FM) 973 were originally considered in a Final Environmental Impact Statement (FEIS) covering improvements to SH 71/US 290 from Ranch-to-Market Road (RM) 1826 to FM 973. A Record of Decision (ROD) was issued by FHWA on August 22, 1988. The mid-section of the original project limits, between Joe Tanner Lane and Riverside Drive, has been constructed. Since the issuance of the SH 71/US 290 ROD, changes in adjacent land use, the construction of SH 130, and proposed design modifications have necessitated supplementation of the original FEIS to evaluate the change in potential impacts from the proposed project. As a result, the unconstructed eastern portion of the original FEIS, between Riverside Drive and FM 973, will be the subject of a limited scope SEIS. Due to the proximity of intersections on SH 71 at FM 973 and at the recently constructed SH 130, the SH 71/US 290 SEIS would extend beyond the limits of the original FEIS to include the new interchange at SH 130 to provide for a more logical terminus and transition back to existing SH 71 east of SH 130. Information from the FEIS and subsequent ROD (June 5, 2001) for SH 130 from IH 35 north of Georgetown to IH 10 near Seguin will be incorporated into the subject SEIS. Areas within the city of Austin are included in the study area.
The project is listed in the Capital Area Metro Planning Organization (CAMPO) Mobility 2030 Plan, as amended, (the long-range transportation plan) as a six-lane tolled freeway between Riverside Drive and Presidential Avenue. From Spirit of Texas Drive to SH 130, the project is listed as a six-lane freeway but is being evaluated for tolling. The need for the SH 71 project, as stated in the 1988 FEIS, has resulted from congestion and low travel speeds caused by rapid population growth in the Austin metropolitan area. Crash data have also indicated safety issues as a primary need for this project. Additionally, the economic growth of the SH 71/US 290 corridor is dependent on the ability of the roadway network to accommodate both local trips created by recent nearby development as well as regional through traffic. In order to address these needs, the purpose of the proposed project is to increase traffic flow capacities and improve mobility in the roadway corridor while enhancing safety and system interconnectivity, in compliance with the adopted CAMPO Mobility 2030 Plan, as amended.
The SEIS will evaluate potential impacts from construction and operation of this project, including, but not limited to, the following: impacts or potential displacements to residents and businesses; detours; air and noise impacts from construction equipment and operation of the project; water quality impacts from the construction area and from roadway storm water runoff; impacts to waters of the United States; impacts to historic and archeological resources; impacts to floodplains; impacts to socio-economic resources (including environmental justice and limited English proficiency populations); indirect impacts; cumulative impacts; land use; vegetation; wildlife; and aesthetic and visual resources. The original FEIS identified impacts that include displacement of residences and businesses and increased traffic noise levels. However, the FEIS analyzed improvements to SH 71/US 290 from RM 1826 to FM 973. The current project covers approximately 6.5 miles. To date, the department has not identified any known or potential significant impacts from the modified alignment alternative on the human environment.
The department will consider a number of alternatives intended to satisfy the identified need and purpose. The alternatives will include the no-build alternative and build alternatives. Roadway build alternatives include the 1988 FEIS alternative and a modified alignment alternative. The 1988 alignment generally takes right-of-way from north of existing SH 71. The modified alignment would generally take additional right-of-way north of SH 71 north of the Austin Bergstrom International Airport; and then shift south of SH 71 east of Shapard Lane.
The project may require the following approvals by the federal government: United States Army Corps of Engineers (USACE) Section 404; Section 401 Water Quality Certification; and National Pollutant Discharge Elimination System (NPDES). The actual approvals required may change after the department completes field surveys and selects the alignment for the project.
The department will complete the procedures for public participation and coordination with other agencies as described in one or both the National Environmental Policy Act and state law. The department will conduct appropriate public involvement to solicit public comment during the environmental review process. Public notices will be given stating the date, time, and location of the meeting or hearing and will be published in English as well as Spanish. Provision will be made for those with special communication needs, including translation if requested. The department will also send correspondence, describing the proposed project and soliciting comments, to federal, state, and local agencies, and to organizations and individuals who have previously expressed or are known to have an interest in the project. The department invites comments and suggestions from all interested parties to ensure that the full range of issues related to the proposed project are identified and addressed. Comments or questions should be directed to the department at the address set forth below. The department will not hold scoping meetings concerning the supplemental EIS because the scope of the project has already been set. A public meeting will be held on June 24, 2008 at 6:00 PM at the Del Valle High School located at 5201 Ross Road, Del Valle, Texas 78617.
A proposed schedule for completion of the environmental review process is not available.
Agency Contact: Comments or questions concerning this proposed action and the EIS should be sent to Enoch N. Needham, P.E., Director, Transportation Planning and Development, Texas Department of Transportation, Austin District, P.O. Box 15426, Austin, Texas 78761-5426; phone (512) 832-7000.
TRD-200802409
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: May 7, 2008
Notice of Request for Proposal
In compliance with Chapter 2254, Texas Government Code, the University of Houston furnishes this notice of request for proposal (RFP). The University of Houston seeks proposals from qualified consulting firms to provide advice and consultation in providing a financial feasibility study in constructing a major addition to its athletic football stadium. This advice and consultation is authorized and supported by the UH System Chancellor/UH President as being of substantial need and necessary in performing the needed evaluation. Interested parties are invited to express their interest and describe their capabilities on or before June 23, 2008.
The term of the contract is to be for a period beginning on or about June 24, 2008 and ending August 18, 2008. Further technical information can be obtained from Beverly Ruffin at (713) 743-8859. All proposals must be specific and must be responsive to the criteria set forth in this request.
SCOPE OF WORK: The University is in the preliminary stages of constructing an end-zone facility on the north side of its athletic sports facility--Robertson Stadium. The facility will add 131,570 gross square feet of office space, team areas and public space. The new facility will provide club level seating for 766 and another 340 seats within 22 suites. In addition, and included in the gross square feet above, a net increase of 14,240 square feet will provide general seating for 4,348. The Consultant will provide advice to assist the University in evaluating the feasibility of constructing the end-zone facility by: (1) Reviewing current market trends in intercollegiate sports in the Houston area; (2) Prepare financial plan outlining the Universities challenges, which will include five-year financial projections focused on maximizing revenue to meet expense obligations; (3) Provide other services, including but not limited to preparing for and participating in meetings with the University and departmental management and other parties as necessary; and (4) provide a management report that includes an overview of the local intercollegiate sports market and a pro forma Income Statement of changes in revenue and expenses as a direct result of the additional club seats and suites, with support and assumptions for each revenue stream and expense category.
PROVISION OF INFORMATION: Each Proposer must provide at least the following information: (1) description of the qualifications of the firm for performing market surveys and revenue projections; (2) the names, experience, technical expertise and licenses currently held of each staff person who may be assigned to work on such matters, and the availability of the lead person and others assigned to the project; (3) demonstration of specialization in the collegiate sports marketplace; (4) a listing of recent sports surveys and revenue projections in a university setting, project names and locations, project sizes, and references including contact information; (5) a sample management report demonstrating the format that will be utilized containing sample results, findings, values, etc.; (6) hourly billing rates for staff who would be assigned to perform services, flat fees, or other fee arrangements directly related to the achievement of specific goals, and billable expenses; (7) confirmation of willingness to comply with policies, directives, and guidelines of the UH System--as well as all laws of the State of Texas; (8) State of Texas corporate filings, DBA name, registration and tax identification number; (9) describe in sufficient detail the methodology you will employ and tasks you will perform to achieve the goals of the project as set forth in the RFP; and (10) that your firm, or any professionals employed by your firm, are not currently a defendant in any criminal proceedings or under criminal investigation; or any administrative action, including state and or federal regulatory agency proceedings, which resulted in censure or the suspension or revocation of any licenses. If yes, please describe.
INFORMATION ABOUT THE UNIVERSITY OF HOUSTON SYSTEM: The University of Houston System is the state's only metropolitan higher education system, encompassing four universities and two multi-institution teaching centers. The universities include the University of Houston, a nationally recognized doctoral degree-granting, comprehensive research university; the University of Houston-Downtown, a four-year undergraduate university beginning limited expansion into graduate programs; and the University of Houston-Clear Lake and the University of Houston-Victoria, both upper division and master's-level institutions. The centers include the UH System at Sugar Land in Fort Bend and the UH System at Cinco Ranch. In addition, the UH System includes KUHF-FM, Houston's National Public Radio and classical radio station, and KUHT-TV, the nation's first educational television station.
GENERAL INSTRUCTIONS: Submit one (1) original and five (5) copies of your proposal in a sealed envelope to: Beverly Ruffin, Office of Finance, University of Houston, 500 Gulf Freeway, Building 2, Room 219 , Houston, Texas 77204-0911 before 3:00 p.m. June 23, 2008. The original shall be prepared on a word processor and formatted in at least 10-point-font that is clearly readable. The copies shall be of good, readable quality.
COMPLIANCE WITH RFP REQUIREMENTS: By submission of a Proposal, a Proposer agrees to be bound by the requirements set forth in this RFP. The University, at its sole discretion, may disqualify a Proposal from consideration, if the University determines a Proposal is non-responsive and/or non-compliant, in whole or in part, with the requirements set forth in this RFP.
SIGNATURE, CERTIFICATION OF PROPOSER: The Proposal must be signed and dated by a representative of the Proposer who is authorized to bind the Proposer to the terms and conditions contained in this RFP and to compliance with the information submitted in the proposal. Each Proposer submitting a Proposal certifies to both (i) the completeness, veracity, and accuracy of the information provided in the Proposal; and (ii) the authority of the individual whose signature appears on the Proposal to bind the Proposer to the terms and conditions set for in this RFP. Proposals submitted without the required signature shall be disqualified.
OWNERSHIP OF PROPOSALS: All Proposals become the physical property of the University upon receipt.
USE, DISCLOSURE OF INFORMATION: Proposers acknowledge that the University is an agency of the State of Texas and is, therefore, required to comply with the Texas Public Information Act. If a Proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL--PROPRIETARY INFORMATION." To the extent permitted by law, information labeled by the Proposer as proprietary will be used by the University only for purposes related to or arising out of the (i) evaluation of Proposals; (ii) selection of a Proposer pursuant to the RFP process; and (iii) negotiation and execution of a Contract, if any, with the Proposer selected.
RESCISSION OF PROPOSAL: A Proposal can be withdrawn from consideration at any time prior to expiration of the Deadline for Proposals pursuant to a written request sent to the Treasurer.
REQUEST FOR CLARIFICATION: The University reserves the right to request clarification of any information contained in a Proposal.
COMMUNICATIONS WITH SYSTEM PERSONNEL: Except as provided in this RFP and as is otherwise necessary for the conduct of ongoing University business operations, Proposers are expressly and absolutely prohibited from engaging in communications with University personnel who are involved in any manner in the review and/or evaluation of the Proposals; selection of a Proposer; and/or negotiations or formalization of a Contract. If any Proposer engages in conduct or communications that the University determines are contrary to the prohibitions set forth in this section, the University may, at its sole discretion, disqualify the Proposer and withdraw the Proposer's Proposal from consideration.
EVALUATION OF PROPOSALS: The Proposals will be reviewed in accordance with the criteria set forth in this RFP. Proposals that are (i) incomplete; (ii) not properly certified and signed; (iii) not in the required format; or (iv) otherwise non-compliant, in whole or in part, with any of the requirements set forth in this RFP may be disqualified by the University.
DISCUSSIONS WITH PROPOSERS: The University may conduct discussions and/or negotiations with any Proposer that appears to be eligible for award ("Eligible Proposer") pursuant to the selection criteria set forth in this RFP. In conducting discussions and/or negotiations, the University will not disclose information derived from Proposals submitted by competing Proposers, except as and if law requires disclosure.
MODIFICATION OF PROPOSALS: All Eligible Proposers will be afforded the opportunity to submit best and final Proposals if: (a) negotiations with any other Proposer result in a material alteration to the RFP; and (b) such material alteration has a cost consequence that could alter the Proposer's quotations regarding rates for Services.
SELECTION OF PROPOSER: The Proposer selected for award will be the Proposer whose Proposal, as presented in response to this RFP and as determined by the University in accordance with the evaluation criteria set forth in this RFP, to be the most advantageous to the University. Proposers acknowledge that the University is not bound to accept the lowest-priced Proposal.
EVALUATION OF PROPOSALS: Submission of a Proposal indicates the Proposer's acceptance of the evaluation process set forth in this RFP and the Proposer's acknowledgement that subjective judgments must be made by the University in regard to the evaluation process.
CRITERIA FOR EVALUATION: Evaluation of Proposals and award to the Selected Proposer will be based on the following factors, as weighted and listed as follows: (i) Demonstrated ability of the Proposer to fulfill current and predicted University needs (50%); (ii) Stability and success of the Proposer's business profile (40%); and (iii) Rates for Services quoted (10%).
CONSIDERATION OF ADDITIONAL INFORMATION: The University reserves the right to ask for and consider any additional information deemed beneficial to the University in evaluation of the Proposals.
TERMINATION: This RFP in no manner obligates the University of Houston to the eventual purchase of any services described, implied or which may be proposed until confirmed by a written consultant contract. Progress towards this end is solely at the discretion of the University, and the University may terminate the RFP process and review of all proposals without penalty or obligation at any time prior to the signing of a contract. The University reserves the right to cancel this RFP at any time and to reject any or all proposals, for any reason.
TRD-200802512
Brian S. Nelson
Associate General Counsel/Executive Director
University of Houston
Filed: May 14, 2008
Notice of Award of Major Consulting Contract
Description of Activities Consultant Will Conduct:
To assist the University of North Texas (UNT) in providing an assessment of the current dining program relative to industry standards and current trends. Generally, the scope of services supplied by the selected vendor will include the following: (1) review of UNT financial, student, and operating data and (2) site visits to assess the appearance and functionality of operating units, catering and retail operations, and administrative support and management of existing dining services.
Name and Business Address of Consultant:
Envision Strategies, LLC
5325 South Valentia Way
Greenwood Village, CO 80111
Total Value and Beginning and Ending Dates of Contract:
Value: $66,275.00
Beginning Date: May 1, 2008
Ending Date: August 31, 2009
Dates on Which Documents, Films, Recordings, or Reports that Consultant is required to present are due:
Date: Various dates--as requested by Asst. VP of Business Services and in any event not less that quarterly.
TRD-200802443
Joey Saxon
Director of Purchasing and Payment Services
University of North Texas
Filed: May 12, 2008