Texas State Affordable Housing Corporation
Notice of the Implementation of a 2009A Qualified Mortgage Credit Certificate Program
The Texas State Affordable Housing Corporation (the Corporation),
a nonprofit corporation organized under the laws of the State of Texas
(the Program Area), is implementing a qualified mortgage credit certificate
program (the Program) within the Program Area to assist eligible purchasers.
A Mortgage Credit Certificate (MCC) is an instrument designed to assist
persons better afford home ownership. The MCC Program allows first-time
homebuyers an annual federal income tax credit equal to the lesser
of $2,000 or the credit rate for the MCC multiplied by the amount
of interest paid by the holder on a home mortgage loan during each
year that they occupy the home as their principal residence.
An eligible purchaser of a residence located within a Program Area
may apply to the Corporation for an MCC through a participating lender
of his or her choice at the time of purchasing a principal residence
and obtaining a mortgage loan from a participating lender.
To be an eligible purchaser to receive an MCC, a purchaser must
meet the following criteria:
(1) Be one of the following:
(a) A household whose annual income does not exceed 80% Area Median
Family Income (AMFI); or
(b) A full-time Texas classroom teacher, teacher's aide, school
librarian, school nurse, school counselor, or an allied health or
nursing faculty member; or
(c) A full-time paid fire fighter, peace officer, corrections officer,
juvenile corrections officer, county jailer, EMS personnel, or public
security officer, working in the State of Texas.
(2) The applicant for the MCC cannot have had an ownership interest
in his or her principal residence during the three-year period ending
on the date the mortgage loan is obtained.
(3) The applicant must intend to occupy the residence with respect
to which the MCC is obtained as his or her principal residence within
60 days after the MCC is issued. The MCC issued to an applicant will
be revoked if the residence to which the MCC relates ceases to be
occupied by the applicant as his or her principal residence.
(4) The MCC cannot be issued to an applicant in conjunction with
the replacement or refinancing of an existing mortgage loan. The MCC
can, however, be obtained in conjunction with the replacement of a
construction period or bridge loan having a term of less than 24 months.
(5) Federal law imposes limitations on the purchase price of homes
financed under the program. The current maximum purchase price for
a one-family home in a non-targeted area is $258,691 and for a one-family
home in a targeted area is $316,177. These limitations are periodically
adjusted. Two-family, three-family and four-family residences are
also eligible, provided that one of the units will be occupied by
the mortgagor as his or her principal residence and that the residence
was first occupied for residential purposes at least five years prior
to the closing of the mortgage. The cost of the residence must not
exceed the maximum purchase price limits. The purchase price limitation
does not apply to qualified home improvement loans. There are special
rules that apply to qualified rehabilitation loans.
(6) Additionally, an applicant's current annualized family income
may not exceed 80% of the AMFI if the eligible purchaser is a purchaser
listed under (1)(a) above or the greater of 115% of the AMFI adjusted
for family size or the maximum amount permitted by §143(f) of
the Internal Revenue Code of 1986 if the purchaser is a purchaser
listed under (1)(b) or (1)(c) above. Visit www.tsahc.org to view the
maximum incomes allowed.
Anyone receiving an MCC and selling his or her residence within
nine years of the issuance of the MCC may be required to return all
or a portion of the tax credit received in connection therewith to
the Internal Revenue Service.
To defray the costs of implementing the Program, the Corporation
will charge applicants a $100 application fee, a $250 closing package
review fee, plus an MCC issuance fee equal to one percent of the amount
of such person's loan.
The Corporation strongly encourages anyone who believes that he
or she qualifies for an MCC to apply at the offices of a participating
lender. For more information regarding the Program and its restrictions,
including a list of current participating lenders, please contact
the Paige McGilloway, Single Family Programs Manager, at (888) 638-3555
or by email at pmcgilloway@tsahc.org.
TRD-200902593
David Long
President
Texas State Affordable Housing Corporation
Filed: June 24, 2009
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval
of the Coastal Management Program (CMP) (62 Federal Register pp. 1439
- 1440). Under federal law, federal agency activities and actions
affecting the Texas coastal zone must be consistent with the CMP goals
and policies identified in 31 TAC Chapter 501. Requests for federal
consistency review were deemed administratively complete for the following
project(s) during the period of June 12, 2009, through June 18, 2009.
As required by federal law, the public is given an opportunity to
comment on the consistency of proposed activities in the coastal zone
undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for this activity extends
30 days from the date published on the Coastal Coordination Council
web site. The notice was published on the web site on June 24, 2009.
The public comment period for this project will close at 5:00 p.m.
on July 24, 2009.
FEDERAL AGENCY ACTIONS:
Applicant: Bigler Terminals, LP;
Location: The project is located at adjacent to the Houston Ship Channel
(HSC) in Harris County, Texas. The project can be located on the U.S.G.S.
quadrangle map entitled: Pasadena, Texas. Approximate UTM Coordinates
in NAD 27 (meters): Zone 15; Easting: 290,787.867; Northing: 3,291,041.853.
Project Description: The applicant proposes to construct new terminal
facilities and dredge a marine basin for a ship and barge dock located
on a 180-acre undeveloped tract adjacent to the HSC and existing petrochemical
facility (the "Project"). Planned facilities and services associated
with the Project include bulk chemical and fuel storage of up to 12
million barrels, and additional intermodal transportation support
facilities, including rail car loading, unloading, and storage facilities;
truck loading and unloading facilities; and four deepwater berths.
CCC Project No.: 09-0184-F1. Type of Application: U.S.A.C.E. permit
application #SWG-2007-00909 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: Dow Chemical; Location:
The project route for two 16-inch pipelines extends from a point north
of Dow Plant B across State Highway 332, crosses Oyster Creek, and
continues to a point near Gate B at the Dow Stratton Ridge Facility.
The project route for one 8-inch pipeline extends from Dow Plant A
to Dow Plant B. The project can be located on the U.S.G.S. quadrangle
map entitled: Lake Jackson, Texas. Approximate UTM Coordinates in
NAD 27 (meters): Zone 15; Easting: 268603; Northing: 3212395. Project
Description: The applicant proposes to construct two underground 16-inch
plastic pipelines and one 8-inch steel pipeline along the 11.2-mile
route. There will be 13.13 acres of temporary impacts to palustrine
jurisdictional wetlands within the right-of-way for workspace and
2.23 acres of permanent impacts to forested jurisdictional wetlands
resulting from the pipeline placement. The applicant proposes to compensate
for unavoidable impacts to forested wetlands by transferring ownership
of 339 acres of forested land currently owned by Dow Chemical, Inc.,
containing 15.643 acres palustrine forested wetlands and emergent
wetlands, via the National Fish and Wildlife Foundation, to the United
States Fish and Wildlife Service. CCC Project No.: 09-0185-F1. Type
of Application: U.S.A.C.E. permit application #SWG-2008-01289 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-200902573
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: June 22, 2009
Notice of Contract Award
The Comptroller of Public Accounts (Comptroller) announces the
notice of contract award for providing professional unclaimed property
management and related services under RFP #193c to ACS State &
Local Solutions, Inc., 260 Franklin Street, 11th Floor, Boston, Massachusetts
02110 (Contractor).
The notice of request for proposals was published in the May 1,
2009, issue of Texas Register (34 TexReg 2689).
The term of the contract is from June 16, 2009 to August 31, 2010,
with option for two (2) additional one-year renewals, one year at
a time. The total amount of the contract is not to exceed $1,000,000.00,
plus incentive fees, if earned.
TRD-200902490
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: June 19, 2009
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §§303.003,
303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009
for the period of 06/29/09 - 07/05/09 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 06/29/09 - 07/05/09 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial,
investment, or other similar purpose.
TRD-200902581
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 23, 2009
Agreed Orders
The Texas Commission on Environmental Quality (TCEQ or commission)
staff is providing an opportunity for written public comment on the
listed Agreed Orders (AOs) in accordance with Texas Water Code (the
Code), §7.075. Section 7.075 requires that before the commission
may approve the AOs, the commission shall allow the public an opportunity
to submit written comments on the proposed AOs. Section 7.075 requires
that notice of the proposed orders and the opportunity to comment
must be published in the Texas Register no
later than the 30th day before the date on which the public comment
period closes, which in this case is August 3, 2009
. 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) 239-2545 and at
the applicable regional office listed as follows. Written comments
about an AO should be sent to the enforcement coordinator designated
for each AO at the commission's central office at P.O. Box 13087,
Austin, Texas 78711-3087 and must be received
by 5:00 p.m. on August 3, 2009. 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: Air Products, LLC; DOCKET NUMBER: 2009-0278-IWD-E;
IDENTIFIER: RN102041282; LOCATION: La Porte, Harris County; TYPE OF
FACILITY: industrial gases production; RULE VIOLATED: 30 Texas Administrative
Code (TAC) §305.125(1), Texas Pollutant Discharge Elimination
System (TPDES) Permit Number WQ0001280000, Effluent Limitations and
Monitoring Requirements Number 1, and the Code, §26.121(a), by
failing to comply with the permitted effluent limitations for copper;
PENALTY: $2,540; ENFORCEMENT COORDINATOR: Jennifer Graves, (956) 425-6010;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452,
(713) 767-3500.
(2) COMPANY: Chevron Phillips Chemical Company, LP; DOCKET NUMBER:
2009-0267-AIR-E; IDENTIFIER: RN100825249; LOCATION: Old Ocean, Brazoria
County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED:
30 TAC §116.715(a), Air Permit Number 22690, Special Condition
(SC) Number 1, and Texas Health and Safety Code (THSC), §382.085(b),
by failing to prevent unauthorized emissions; PENALTY: $9,700; Supplemental
Environmental Project (SEP) offset amount of $3,880 applied to Houston-Galveston
AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR:
Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(3) COMPANY: Chevron Phillips Chemical Company, LP; DOCKET NUMBER:
2009-0428-AIR-E; IDENTIFIER: RN103919817; LOCATION: Baytown, Harris
County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED:
30 TAC §116.115(c), Air Permit Number 37063, SC Number 1, and
THSC, §382.085(b), by failing to prevent unauthorized emissions;
PENALTY: $9,750; SEP offset amount of $3,900 applied to Barbers Hill
Independent School District-Energy Efficiency Program; ENFORCEMENT
COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: CIRCLE K STORES, INC. dba Circle K Store 2701418;
DOCKET NUMBER: 2009-0336-PST-E; IDENTIFIER: RN104308127; LOCATION:
El Paso, El Paso County; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and
THSC, §382.085(b), by failing to verify proper operation of the
Stage II vapor space manifolding and dynamic back pressure; PENALTY:
$3,246; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL
OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212,
(915) 834-4949.
(5) COMPANY: Diamond Shamrock Refining Company, L.P.; DOCKET NUMBER:
2009-0300-AIR-E; IDENTIFIER: RN100210517; LOCATION: Sunray, Moore
County; TYPE OF FACILITY: petroleum refining plant; RULE VIOLATED:
30 TAC §101.201(b)(1)(G) and (c) and THSC, §382.085(b),
by failing to include the compound descriptive type of individually
listed compounds in the final emissions event report and to submit
it within two weeks after the end of the event; 30 TAC §101.20(3)
and §116.715(a), Flexible Permit Numbers 9708 and PSD-TX-861M2,
SC Numbers 2 and 25, and THSC, §382.085(b), by failing to prevent
unauthorized emissions; and 30 TAC §101.201(a)(1) and THSC, §382.085(b),
by failing to submit the initial emissions event report within 24
hours after discovery of the event; PENALTY: $17,004; SEP offset amount
of $6,802 applied to Texas Association of Resource Conservation and
Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT
COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3918 Canyon
Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(6) COMPANY: Flying J, Inc.; DOCKET NUMBER: 2008-1835-AIR-E; IDENTIFIER:
RN100814458; LOCATION: El Paso, El Paso County; TYPE OF FACILITY:
truck stop terminal and convenience store with gasoline dispensing;
RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b),
by failing to comply with the minimum oxygen content of 2.7% by weight
of gasoline; PENALTY: $1,240; ENFORCEMENT COORDINATOR: Audra Benoit,
(409) 898-3838; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560,
El Paso, Texas 79901-1212, (915) 834-4949.
(7) COMPANY: Tim Kahir Helo; DOCKET NUMBER: 2009-0391-PST-E; IDENTIFIER:
RN101852515; LOCATION: Coahoma, Howard County; TYPE OF FACILITY: underground
storage tanks (USTs); RULE VIOLATED: 30 TAC §334.7(d)(3), by
failing to notify the agency of any change or additional information
regarding the USTs; 30 TAC §334.49(a)(1) and §334.54(c)(1)
and the Code, §26.3475(d), by failing to adequately protect the
UST system from corrosion; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d),
by failing to inspect the impressed current cathodic protection system;
and 30 TAC §334.49(c)(4)(C) and the Code, §26.3475(d), by
failing to have the cathodic protection system inspected and tested
for operability and adequacy of protection; PENALTY: $4,976; ENFORCEMENT
COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 3300
North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.
(8) COMPANY: Raymond C. Honke; DOCKET NUMBER: 2009-0484-PWS-E;
IDENTIFIER: RN101198471; LOCATION: Burnet County; TYPE OF FACILITY:
public water supply (PWS); RULE VIOLATED: 30 TAC §290.109(c)(2)(A)
and §290.122(c)(2)(A) and THSC, §341.033(d), by failing
to collect routine distribution coliform samples and by failing to
provide public notice of the failure to collect routine samples; PENALTY:
$1,332; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558;
REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700,
(512) 339-2929.
(9) COMPANY: NAPM ENTERPRISES, INC. dba Citgo Food Mart; DOCKET
NUMBER: 2009-0528-PST-E; IDENTIFIER: RN102791118; LOCATION: San Antonio,
Bexar County; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d),
by failing to provide corrosion protection to all underground metal
components of a UST system; 30 TAC §334.45(c)(3)(A), by failing
to ensure that an emergency shutoff valve is installed on each pressurized
delivery or product line and securely anchored at the base of the
dispenser; and 30 TAC §334.10(b), by failing to maintain UST
records and make them immediately available for inspection upon request
by agency personnel; PENALTY: $3,075; ENFORCEMENT COORDINATOR: Elvia
Maske, (512) 239-0789; REGIONAL OFFICE: 14250 Judson Road, San Antonio,
Texas 78233-4480, (210) 490-3096.
(10) COMPANY: Owens Corning Roofing and Asphalt, LLC; DOCKET NUMBER:
2009-0315-AIR-E; IDENTIFIER: RN100222686; LOCATION: Ennis, Ellis County;
TYPE OF FACILITY: asphalt roofing manufacturing plant; RULE VIOLATED:
30 TAC §122.146(2) and THSC, §382.085(b), by failing to
submit a permit compliance certification; PENALTY: $2,500; ENFORCEMENT
COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: RAHISA UNITED, INC. dba A to Z Food & Fuel; DOCKET
NUMBER: 2009-0137-PST-E; IDENTIFIER: RN104735493; LOCATION: Houston,
Harris County; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A) and the Code, §26.3475(a),
by failing to provide proper release detection for the pressurized
piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III)
and the Code, §26.3475(a), by failing to test the line leak detectors
at least once per year for performance and operational reliability;
30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1),
by failing to conduct reconciliation of detailed inventory control
records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1),
by failing to record inventory volume measurement for regulated substance
inputs, withdrawals, and the amount still remaining in the tank each
operating day; 30 TAC §334.48(c), by failing to conduct effective
manual or automatic inventory control procedures for the UST system;
and 30 TAC §115.245(2) and THSC, §382.085(b), by failing
to verify proper operation of the Stage II equipment; PENALTY: $16,242;
ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(12) COMPANY: City of San Marcos; DOCKET NUMBER: 2008-1842-EAQ-E;
IDENTIFIER: RN105008692; LOCATION: San Marcos, Hays County; TYPE OF
FACILITY: sewage collection system; RULE VIOLATED: 30 TAC §213.4(j)
and Edwards Aquifer Protection Plan 11-06071901 SC Number 3, by failing
to notify the appropriate regional office in writing and obtain approval
from the executive director prior to initiating any physical modification
of the approved organized sewage collection system over the Edwards
Aquifer Recharge Zone; PENALTY: $2,080; SEP offset amount of $1,664
applied to Hill Country Conservancy - Wenzel Tract Quarry - Edwards
Aquifer Recharge & Wetland Restoration; ENFORCEMENT COORDINATOR:
Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 2800 South IH
35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(13) COMPANY: City of Teague; DOCKET NUMBER: 2009-0594-MWD-E; IDENTIFIER:
RN102181716; LOCATION: Freestone County; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number
WQ0010300001, Effluent Limitations and Monitoring Requirements Number
1, by failing to comply with the permitted effluent limitations for
five-day biochemical oxygen demand and total suspended solids (TSS);
and 30 TAC §305.125(17) and §319.7(d) and TPDES Permit Number
WQ0010300001, Monitoring and Reporting Requirements Number 1, by failing
to timely submit the discharge monitoring report; PENALTY: $7,462;
SEP offset amount of $5,970 applied to RC&D - Household Hazardous
Waste Clean-Up; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512)
239-5223; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(14) COMPANY: Texas Department of Criminal Justice; DOCKET NUMBER:
2009-0462-MWD-E; IDENTIFIER: RN102412558; LOCATION: Brazoria County;
TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number WQ0010743001, Effluent Limitations and Monitoring
Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing
to comply with permitted effluent limitations for dissolved oxygen
and ammonia-nitrogen; and 30 TAC §305.125(17) and TPDES Permit
Number WQ0010743001, Sludge Provisions, by failing to timely submit
the annual sludge report; PENALTY: $3,360; SEP offset amount of $2,688
applied to Brazoria County - Wastewater Treatment Assistance For Low-Income
Homeowners; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452,
(713) 767-3500.
(15) COMPANY: Texas Department of Transportation; DOCKET NUMBER:
2009-0434-MWD-E; IDENTIFIER: RN102075744; LOCATION: Palo Pinto County;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number WQ0011311001, Interim Effluent Limitations and
Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a),
by failing to comply with the permitted effluent limitations for chlorine
and TSS; PENALTY: $8,010; SEP offset amount of $6,408 applied to RC&D
- Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR:
Jennifer Graves, (956) 425-6010; REGIONAL OFFICE: 2309 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(16) COMPANY: Tomas Perez dba Tomas Body Shop; DOCKET NUMBER: 2009-0674-AIR-E;
IDENTIFIER: RN105650097; LOCATION: Edinburg, Hidalgo County; TYPE
OF FACILITY: surface coating plant; RULE VIOLATED: 30 TAC §116.110(a)
and THSC, §382.0518(a) and §382.085(b), by failing to obtain
authorization prior to constructing and operating a surface coating
facility; PENALTY: $1,100; ENFORCEMENT COORDINATOR: Trina Grieco,
(210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen,
Texas 78550-5247, (956) 425-6010.
(17) COMPANY: Unison Drilling, Inc.; DOCKET NUMBER: 2009-0464-AIR-E;
IDENTIFIER: RN105349088; LOCATION: Medina County; TYPE OF FACILITY:
equipment maintenance and storage site; RULE VIOLATED: 30 TAC §116.110(a)(4)
and THSC, §382.085(b), by failing to obtain authorization to
conduct surface coating; PENALTY: $820; ENFORCEMENT COORDINATOR: Trina
Grieco, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio,
Texas 78233-4480, (210) 490-3096.
(18) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2009-0288-AIR-E;
IDENTIFIER: RN100211663; LOCATION: Corpus Christi, Nueces County;
TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §§101.20(3),
116.715(a) and (c)(7), and 122.143(4), Flexible Permit Number 2937,
SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized
emissions; and 30 TAC §101.201(b)(1)(D), (G), and (H) and §122.143(4),
Permit Number 2238, SC Number (2)(F), and THSC, §382.085(b),
by failing to submit an administratively complete final report for
Incident Number 113325; PENALTY: $24,484; SEP offset amount of $12,242
applied to City of Corpus Christi - Alternative Energy Use and Conservation
at the Oso Conservation Interpretive Park; ENFORCEMENT COORDINATOR:
John Muennink, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive,
Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(19) COMPANY: Wilkins Contracting, Inc.; DOCKET NUMBER: 2009-0858-WQ-E;
IDENTIFIER: RN105708176; LOCATION: Tyler, Smith County; TYPE OF FACILITY:
construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing
to obtain a construction general permit; PENALTY: $700; ENFORCEMENT
COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2916
Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(20) COMPANY: WRL General Contractors, Limited; DOCKET NUMBER:
2009-0414-WQ-E; IDENTIFIER: RN105471155; LOCATION: Tyler, Smith County;
TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Construction General Permit Number TXR15JY67, Part III, Section
F(6), by failing to prevent the unauthorized discharge of sediment
into or adjacent to water in the state due to the failure to implement/maintain
best management practices; PENALTY: $11,875; ENFORCEMENT COORDINATOR:
Lanae Foard, (512) 239-2554; REGIONAL OFFICE: 2916 Teague Drive, Tyler,
Texas 75701-3734, (903) 535-5100.
TRD-200902575
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 23, 2009
Request for Proposals #303-9-11840
The Texas Facilities Commission (TFC), on behalf of the Office
of the Attorney General and the Comptroller of Public Accounts, announces
the issuance of Request for Proposals (RFP) #303-9-11840. TFC seeks
a five and ten year lease of approximately 12,120 square feet of office
space in Victoria, Victoria County, Texas.
The deadline for questions is July 10, 2009 and the deadline for
proposals is July 17, 2009 at 3:00 p.m. The award date is August 19,
2009. 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 an 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=83319.
TRD-200902594
Kay Molina
General Counsel
Texas Facilities Commission
Filed: June 24, 2009
The Texas Facilities Commission (TFC), on behalf of the Department
of Assistive and Rehabilitative Services (DARS), announces the issuance
of Request for Proposals (RFP) #303-9-12065. TFC seeks a five (5)
and ten (10) year lease of approximately 6,067 square feet of office
space in San Antonio, Bexar County, Texas.
The deadline for questions is July 10, 2009 and the deadline for
proposals is July 28, 2009 at 3:00 p.m. The award date is September
16, 2009. 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 an 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=83316.
TRD-200902584
Kay Molina
General Counsel
Texas Facilities Commission
Filed: June 23, 2009
Notice of Award of a Major Consulting Contract
Pursuant to Chapter 2254, Subchapter B, Texas Government Code,
the Health and Human Services Commission (HHSC) announces the award
of contract 529-06-0425-00038 to Navigant Consulting, Inc.
an entity with a principal place of business 30 South
Wacker, Suite 3100, Chicago, IL 60606. The contractor will provide
consulting services and application development services to the HHSC
for the purpose of designing and developing a risk-based contract
performance management/monitoring tool for the Texas Medicaid/Children
with Special Health Care Needs (CSHCN) Claims Processing, Primary
Care Case Management (PCCM) and Pharmacy Claims and Rebate Administration
(PCRA) contract.
The total value of the contract with Navigant
Consulting, Inc. is $259,690.00. The contract was executed
on June 9, 2009 and will expire on December 31, 2009, unless extended
or terminated sooner by the parties. Navigant
Consulting, Inc. will produce numerous documents and reports
during the term of the contract, with the final reporting due by December 2009.
TRD-200902472
David Brown
Assistant General Counsel
Texas Health and Human Services Commission
Filed: June 17, 2009
The Texas Health and Human Services Commission (HHSC) intends to
submit to the Centers for Medicare and Medicaid Services an amendment
to the Home and Community-Based Services (HCS) waiver. The HCS waiver
is a Medicaid Home and Community-Based Services waiver under the authority
of §1915(c) of the Social Security Act. The HCS program is currently
approved for the five-year period beginning September 1, 2008, and
ending August 31, 2013. The proposed effective date for the amendment
is November 1, 2008.
The Home and Community-Based Services waiver program provides individualized
services and supports to persons with mental retardation who are living
with their families, in their own homes, or in other community settings,
such as small group homes. To be eligible for the program, individuals
must be diagnosed with mental retardation or a related condition,
meet eligibility requirements for admission to an intermediate care
facility for individuals with mental retardation (ICF-MR), and meet
financial eligibility criteria.
This amendment will add 202 additional slots to the waiver to accommodate
individuals leaving services in an ICF/MR facility.
In addition, this amendment will revise the current billing cycle
from a 95-day billing cycle to a 12-month billing cycle, which will
increase the length of time providers have to submit claims.
HHSC is requesting that the waiver amendment be approved for the
period beginning November 1, 2008, through August 31, 2013. This amendment
maintains cost neutrality for waiver years 2008 through 2013.
To obtain copies of the proposed waiver amendment, interested parties
may contact Christine Longoria by mail at Texas Health and Human Services
Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200,
phone (512) 491-1152, fax (512) 491-1957, or by e-mail at Christine.Longoria@hhsc.state.tx.us.
TRD-200902474
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 18, 2009
The Texas Health and Human Services Commission announces its intent
to submit an amendment to the Texas State Plan for Medical Assistance,
under Title XIX of the Social Security Act. The proposed effective
date for this amendment is September 1, 2009.
The proposed amendment will adjust payment rates for the Day Activity
and Health Services (DAHS) program as a result of the 2010-11 General
Appropriations Act (Article II, Health and Human Services, 81st Legislature,
Regular Session, 2009), which appropriated general revenue funds for
provider rate increases for the DAHS Program. The reimbursement methodology
will be modified to indicate that for the period beginning September
1, 2009 and ending August 31, 2011, DAHS payment rates will be equal
to the payment rates in effect August 31, 2009, plus $0.30 per unit
of service.
The proposed adjustment of payment rates is estimated to result
in additional annual aggregate expenditures of $185,812 for the remainder
of federal fiscal year (FFY) 2009 (September 1, 2009, through September
30, 2009), with approximately $127,764 in federal funds and approximately
$58,048 in state general revenue. For FFY 2010, the proposed adjustment
of payment rates is estimated to result in additional annual aggregate
expenditures of $2,236,856, with approximately $1,562,444 in federal
funds and approximately $674,412 in state general revenue.
To obtain copies of the proposed amendment or to submit written
comments, interested parties may contact Pam McDonald by mail at Rate
Analysis Department, Texas Health and Human Services Commission, P.O.
Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone
at (512) 491-1373; by facsimile at (512) 491-1998; or by e-mail at
pam.mcdonald@hhsc.state.tx.us. Copies of the proposal will also be
made available for public review at the local offices of the Texas
Department of Aging and Disability Services.
TRD-200902578
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 23, 2009
The Texas Health and Human Services Commission announces its intent
to submit an amendment to the Texas State Plan for Medical Assistance,
under Title XIX of the Social Security Act. The proposed effective
date for this amendment is September 1, 2009.
The proposed amendment will adjust payment rates for the Primary
Home Care (PHC) program as a result of the 2010-11 General Appropriations
Act (Article II, Health and Human Services, 81st Legislature, Regular
Session, 2009), which appropriated general revenue funds for provider
rate increases for the PHC Program. The reimbursement methodology
will be modified to indicate that for the period beginning September
1, 2009 and ending August 31, 2011, PHC payment rates will be equal
to the payment rates in effect August 31, 2009, plus $0.80 per unit
of service.
The proposed adjustment of payment rates is estimated to result
in additional annual aggregate expenditures of $5,630,545 for the
remainder of federal fiscal year (FFY) 2009 (September 1, 2009, through
September 30, 2009), with approximately $3,871,563 in federal funds
and approximately $1,758,982 in state general revenue. For FFY 2010,
the proposed adjustment of payment rates is estimated to result in
additional annual aggregate expenditures of $67,977,122, with approximately
$47,482,020 in federal funds and approximately $20,495,102 in state
general revenue.
To obtain copies of the proposed amendment or to submit written
comments, interested parties may contact Pam McDonald by mail at Rate
Analysis Department, Texas Health and Human Services Commission, P.O.
Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone
at (512) 491-1373; by facsimile at (512) 491-1998; or by e-mail at
pam.mcdonald@hhsc.state.tx.us. Copies of the proposal will also be
made available for public review at the local offices of the Texas
Department of Aging and Disability Services.
TRD-200902579
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 23, 2009
Company Licensing
Application for admission to the State of Texas by UNIQUE INSURANCE
COMPANY, a foreign fire and casualty company. The home office is in
Chicago, Illinois.
Application for admission to the State of Texas by UNIVERSAL INSURANCE
COMPANY OF NORTH AMERICA, a foreign fire and casualty company. The
home office is in Sarasota, Florida.
Application for admission to the State of Texas by DAKOTA HOMESTEAD
TITLE INSURANCE COMPANY, a foreign title company. The home office
is in Sioux Falls, South Dakota.
Any objections must be filed with the Texas Department of Insurance,
within 20 calendar days from the date of the Texas Register
publication, addressed to the attention of Godwin
Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200902592
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 24, 2009
The following third party administrator applications have been
filed with the Texas Department of Insurance and are under consideration.
Application of SXC HEALTH SOLUTIONS, INC., (using the assumed name
SXC) a domestic third party administrator. The home office is DALLAS, TEXAS.
Application of SCION DENTAL, INC., a foreign third party administrator.
The home office is WILMINGTON, DELAWARE.
Any objections must be filed within 20 days after this notice is
published in the Texas Register, addressed
to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin,
Texas 78701.
TRD-200902596
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 24, 2009
Instant Game Number 1255 "$100,000 Jumbo Bucks III"
A. The name of Instant Game No. 1255 is "$100,000 JUMBO BUCKS III".
The play style is "key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1255 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1255.
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, JUMBO SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00,
$200, $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. 1255 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing
under the latex scratch-off covering on the front of the ticket. There
will be a four (4)-digit "security number" which will be individually
boxed and randomly placed within the number. The remaining ten (10)
digits of the Serial Number are the Validation Number. The Serial
Number is positioned beneath the bottom row of play data in the scratched-off
play area. The Serial Number is for validation purposes and cannot
be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00, or $20.00.
G. Mid-Tier Prize - A prize of $50.00 or $200.
H. High-Tier Prize - A prize of $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 (1255), 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: 1255-0000001-001.
K. Pack - A pack of "$100,000 JUMBO BUCKS III" Instant Game tickets
contains 125 tickets, packed in plastic shrink-wrapping and fanfolded
in pages of two (2). One ticket will be folded over to expose a front
and back of one ticket on each pack. Please note the books will be
in an A, B, C, and D configuration.
L. Non-Winning Ticket - A ticket which is not programmed to be
a winning ticket or a ticket that does not meet all of the requirements
of these Game Procedures, the State Lottery Act (Texas Government
Code, Chapter 466), and applicable rules adopted by the Texas Lottery
pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery
"$100,000 JUMBO BUCKS III" Instant Game No. 1255 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 JUMBO BUCKS III" Instant
Game is determined once the latex on the ticket is scratched off to
expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR
NUMBERS play symbols to either SERIAL NUMBER play symbol, the player
wins PRIZE shown for that number. If a player reveals a "JUMBO" play
symbol, the player wins DOUBLE the PRIZE shown for that symbol. No
portion of the display printing nor any extraneous matter whatsoever
shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex
overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol
Caption;
3. Each of the Play Symbols must be present in its entirety and
be fully legible;
4. Each of the Play Symbols must be printed in black ink except
for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket
Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's
codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated,
altered, unreadable, reconstituted, or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an
authorized manner;
11. The ticket must not have been stolen, nor appear on any list
of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code,
and Pack-Ticket Number must be right side up and not reversed in any
manner;
13. The ticket must be complete and not miscut, and have exactly
22 (twenty-two) Play Symbols under the latex overprint on the front
portion of the ticket, exactly one Serial Number, exactly one Retailer
Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond
with the Texas Lottery's Serial Numbers for winning tickets, and a
ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered,
defective, or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one
of those described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) Play Symbols on the ticket must
be printed in the Symbol font and must correspond precisely to the
artwork on file at the Texas Lottery; the ticket Serial Numbers must
be printed in the Serial font and must correspond precisely to the
artwork on file at the Texas Lottery; and the Pack-Ticket Number must
be printed in the Pack-Ticket Number font and must correspond precisely
to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every
respect and correspond precisely to the artwork on file at the Texas
Lottery; and
19. The ticket must have been received by the Texas Lottery by
applicable deadlines.
B. The ticket must pass all additional validation tests provided
for in these Game Procedures, the Texas Lottery's Rules governing
the award of prizes of the amount to be validated, and any confidential
validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However,
the Executive Director may, solely at the Executive Director's discretion,
refund the retail sales price of the ticket. In the event a defective
ticket is purchased, the only responsibility or liability of the Texas
Lottery shall be to replace the defective ticket with another unplayed
ticket in that Instant Game (or a ticket of equivalent sales price
from any other current Instant Lottery game) or refund the retail
sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical
play data, spot for spot.
B. The "JUMBO" (doubler) play symbol will only appear on intended
winning tickets and only as dictated by the prize structure.
C. No more than two (2) matching non-winning prize symbols will
appear on a ticket.
D. No duplicate SERIAL NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning
prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the
YOUR NUMBERS play symbol (i.e., 5 and $5).
H. The top prize symbol will appear on every ticket unless otherwise
restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "$100,000 JUMBO BUCKS III" Instant Game prize of
$2.00, $4.00, $5.00, $10.00, $20.00, $50.00, or $200, a claimant shall
sign the back of the ticket in the space designated on the ticket
and present the winning ticket to any Texas Lottery Retailer. The
Texas Lottery Retailer shall verify the claim and, if valid, and upon
presentation of proper identification, if appropriate, make payment
of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not required to pay a
$50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim
with the Texas Lottery. If the claim is validated by the Texas Lottery,
a check shall be forwarded to the claimant in the amount due. In the
event the claim is not validated, the claim shall be denied and the
claimant shall be notified promptly. A claimant may also claim any
of the above prizes under the procedure described in Section 2.3.B
and Section 2.3.C of these Game Procedures.
B. To claim a "$100,000 JUMBO BUCKS III" Instant Game prize of
$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 JUMBO BUCKS
III" Instant Game prize, the claimant must sign the winning ticket,
thoroughly complete a claim form, and mail both to: Texas Lottery
Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk
of sending a ticket remains with the claimant. In the event that the
claim is not validated by the Texas Lottery, the claim shall be denied
and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas
Lottery shall deduct a sufficient amount from the winnings of a person
who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected
by the Comptroller of Public Accounts, the Texas Workforce Commission,
or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or
collected by the Office of the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services
Commission for a benefit granted in error under the food stamp program
or the program of financial assistance under Chapter 31, Human Resources
Code;
4. in default on a loan made under Chapter 52, Education Code;
or
5. in default on a loan guaranteed under Chapter 57, Education
Code.
E. If a person is indebted or owes delinquent taxes to the State,
other than those specified in the preceding paragraph, the winnings
of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay
payment of the prize pending a final determination by the Executive
Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may
occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket
presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant
pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the
age of 18 years is entitled to a cash prize of less than $600 from
the "$100,000 JUMBO BUCKS III" 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 JUMBO BUCKS III" Instant
Game, the Texas Lottery shall deposit the amount of the prize in a
custodial bank account, with an adult member of the minor's family
or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be
claimed within 180 days following the end of the Instant Game or within
the applicable time period for certain eligible military personnel
as set forth in Texas Government Code §466.408. Any prize not
claimed within that period, and in the manner specified in these Game
Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based
on the number of tickets ordered. The number of actual prizes available
in a game may vary based on number of tickets manufactured, testing,
distribution, sales, and number of prizes claimed. An Instant Game
ticket may continue to be sold even when all the top prizes have been
claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion
of an Instant Game ticket in the space designated, a ticket shall
be owned by the physical possessor of said ticket. When a signature
is placed on the back of the ticket in the space designated, the player
whose signature appears in that area shall be the owner of the ticket
and shall be entitled to any prize attributable thereto. Notwithstanding
any name or names submitted on a claim form, the Executive Director
shall make payment to the player whose signature appears on the back
of the ticket in the space designated. If more than one name appears
on the back of the ticket, the Executive Director will require that
one of those players whose name appears thereon be designated by such
players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen
Instant Game tickets and shall not be required to pay on a lost or
stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately
10,080,000 tickets in the Instant Game No. 1255. 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.
1255 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. 1255, 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-200902491
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 19, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1256 is "$500,000 GIANT JUMBO BUCKS
III". The play style is "key number match with auto win (5X)".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1256 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1256.
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, JUMBO SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00,
$40.00, $50.00, $100, $500, $1,000 and $500,000.
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. 1256 - 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 $500,000.
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 (1256), a seven (7) digit pack number,
and a three (3) digit ticket number. Ticket numbers start with 001
and end with 075 within each pack. The format will be: 1256-0000001-001.
K. Pack - A pack of "$500,000 GIANT JUMBO BUCKS III" 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
"$500,000 GIANT JUMBO BUCKS III" Instant Game No. 1256 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 "$500,000 GIANT JUMBO BUCKS III" Instant
Game is determined once the latex on the ticket is scratched off to
expose 44 (forty-four) Play Symbols. If a player matches any of YOUR
NUMBERS play symbols to any SERIAL NUMBER play symbol, the player
wins PRIZE shown for that number. If a player reveals a "JUMBO" play
symbol, the player wins 5 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 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 in a pack will not have identical
play data, spot for spot.
B. The "JUMBO" (win x 5) play symbol will only appear on intended
winning tickets and only as dictated by the prize structure.
C. No more than three (3) matching non-winning prize symbols will
appear on a ticket.
D. No duplicate SERIAL NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning
prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the
YOUR NUMBERS play symbol (i.e. 5 and $5).
H. The top prize symbol will appear on every ticket unless otherwise
restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "$500,000 GIANT JUMBO BUCKS III" 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 "$500,000 GIANT JUMBO BUCKS III" Instant Game prize
of $1,000, $5,000 or $500,000, 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 "$500,000 GIANT JUMBO
BUCKS III" 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 "$500,000 GIANT JUMBO BUCKS III" 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 "$500,000 GIANT JUMBO BUCKS III"
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
8,040,000 tickets in the Instant Game No. 1256. 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.
1256 without advance notice, at which point no further tickets in
that game may be sold. The determination of the closing date and reasons
for closing the game will be made in accordance with the instant game
closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
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. 1256, 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-200902492
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 19, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1257 is "$1,000,000 MEGA JUMBO
BUCKS III". The play style is "key number match with multiplier (10X)".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1257 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 1257.
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, JUMBO SYMBOL, $10.00, $20.00, $50.00, $100, $200,
$500, $1,000, $2,500 and $1,000,000.
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. 1257 - 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 $50.00, $100, $200 or $500.
H. High-Tier Prize - A prize of $1,000, $2,500 or $1,000,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2)
of five (5) bar code which will include a four (4) digit game ID,
the seven (7) digit pack number, the three (3) digit ticket number
and the ten (10) digit Validation Number. The bar code appears on
the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting
of the four (4) digit game number (1257), 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: 1257-0000001-001.
K Pack - A pack of "$1,000,000 MEGA JUMBO BUCKS III" Instant Game
tickets contains 050 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 050 while the other fold
will show the back of 001 and front 050.
L. Non-Winning Ticket - A ticket which is not programmed to be
a winning ticket or a ticket that does not meet all of the requirements
of these Game Procedures, the State Lottery Act (Texas Government
Code, Chapter 466), and applicable rules adopted by the Texas Lottery
pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery
"$1,000,000 MEGA JUMBO BUCKS III" Instant Game No. 1257 ticket.
2.0 Determination of Prize Winners. The determination of prize
winners is subject to the general ticket validation requirements set
forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game
Procedures, and the requirements set out on the back of each instant
ticket. A prize winner in the "$1,000,000 MEGA JUMBO BUCKS III" Instant
Game is determined once the latex on the ticket is scratched off to
expose 54 (fifty-four) Play Symbols. If a player matches any of YOUR
NUMBERS play symbols to any SERIAL NUMBER play symbol, the player
wins PRIZE shown for that number. If a player reveals a "JUMBO" play
symbol, the player wins 10 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 54 (fifty-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
54 (fifty-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 54 (fifty-four) Play Symbols must be exactly one
of those described in Section 1.2.C of these Game Procedures;
17. Each of the 54 (fifty-four) Play Symbols on the ticket must
be printed in the Symbol font and must correspond precisely to the
artwork on file at the Texas Lottery; the ticket Serial Numbers must
be printed in the Serial font and must correspond precisely to the
artwork on file at the Texas Lottery; and the Pack-Ticket Number must
be printed in the Pack-Ticket Number font and must correspond precisely
to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every
respect and correspond precisely to the artwork on file at the Texas
Lottery; and
19. The ticket must have been received by the Texas Lottery by
applicable deadlines.
B. The ticket must pass all additional validation tests provided
for in these Game Procedures, the Texas Lottery's Rules governing
the award of prizes of the amount to be validated, and any confidential
validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However,
the Executive Director may, solely at the Executive Director's discretion,
refund the retail sales price of the ticket. In the event a defective
ticket is purchased, the only responsibility or liability of the Texas
Lottery shall be to replace the defective ticket with another unplayed
ticket in that Instant Game (or a ticket of equivalent sales price
from any other current Instant Lottery game) or refund the retail
sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical
play data, spot for spot.
B. The "JUMBO" (win x 10) play symbol will only appear on intended
winning tickets and only as dictated by the prize structure.
C. No more than four (4) matching non-winning prize symbols will
appear on a ticket.
D. No duplicate SERIAL NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning
prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the
YOUR NUMBERS play symbol (i.e. 10 and $10).
H. The top prize symbol will appear on every ticket unless otherwise
restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "$1,000,000 MEGA JUMBO BUCKS III" Instant Game prize
of $10.00, $20.00, $50.00, $100, $200, 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,
$200 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 "$1,000,000 MEGA JUMBO BUCKS III" Instant Game prize
of $1,000, $2,500 or $1,000,000, the claimant must sign the winning
ticket and present it at one of the Texas Lottery's Claim Centers.
If the claim is validated by the Texas Lottery, payment will be made
to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600
or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal
income tax at a rate set by the IRS if required. In the event that
the claim is not validated by the Texas Lottery, the claim shall be
denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "$1,000,000 MEGA JUMBO
BUCKS III" 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 "$1,000,000 MEGA JUMBO BUCKS III" Instant Game, the Texas Lottery
shall deliver to an adult member of the minor's family or the minor's
guardian a check or warrant in the amount of the prize payable to
the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash
prize of more than $600 from the "$1,000,000 MEGA JUMBO BUCKS III"
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
6,000,000 tickets in the Instant Game No. 1257. 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.
1257 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. 1257, 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-200902493
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 19, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1259 is "LOTERIA® TEXAS". The
play style is "coordinate with prize legend".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1259 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 1259.
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: GAME NO. 1259 - 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 (1259), 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: 1259-0000001-001.
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. 1259 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. 1259. 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.
1259 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. 1259, 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-200902494
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 19, 2009
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On June 18, 2009, Cedar Valley Communications 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 60766. Applicant intends to reflect a
change in ownership/control and a name change.
The Application: Application of Cedar Valley Communications for
an Amendment to its Service Provider Certificate of Operating Authority,
Docket Number 37121.
Persons wishing to comment on the action sought should contact
the Public Utility Commission of Texas by mail at P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free
at 1-888-782-8477 no later than July 8, 2009. 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 37121.
TRD-200902582
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 23, 2009
Notice is given to the public of the filing with the Public Utility
Commission of Texas (commission) of an application on June 18, 2009,
for an amendment to certificated service area for a service area exception
within Hansford County, Texas.
Docket Style and Number: Application of Southwestern Public Service
Company for a Certificate of Convenience and Necessity for a Service
Area Exception in Hansford County. Docket Number 37120.
The Application: SPS filed an application for a service area boundary
exception to allow SPS to provide service to Noble Great Plains Windpark,
LLC, a customer located within the certificated service area of North
Plains Electric Cooperative.
Persons wishing to comment on the action sought or intervene should
contact the Public Utility Commission of Texas no later than July
10, 2009, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or
by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing
and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 37120.
TRD-200902580
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 23, 2009
Notice is given to the public of the filing on June 17, 2009, with
the Public Utility Commission of Texas (commission), a notice of intent
to file a long run incremental cost (LRIC) study pursuant to P.U.C.
Substantive Rule §26.214. The applicant will file the LRIC study
on June 26, 2009.
Docket Title and Number: Application of Consolidated Communications
of Fort Bend d/b/a Consolidated Communications for Approval of LRIC
Study for Safety Line Service Bundled with Broadband Service Pursuant
to P.U.C. Substantive Rule §26.214, Docket Number 37116.
Any party that demonstrates a justiciable interest may file with
the administrative law judge, written comments or recommendations
concerning the LRIC study referencing Docket Number 37116. Written
comments or recommendations should be filed no later than forty-five
(45) days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, by mail at P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136 or toll
free 1-800-735-2989. All comments should reference Docket Number 37116.
TRD-200902484
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 19, 2009
Notice is given to the public of the filing on June 17, 2009, with
the Public Utility Commission of Texas (commission), a notice of intent
to file a long run incremental cost (LRIC) study pursuant to P.U.C.
Substantive Rule §26.214. The Applicant will file the LRIC study
on June 26, 2009.
Docket Title and Number: Application of Consolidated Communications
of Texas d/b/a Consolidated Communications for Approval of LRIC Study
for Safety Line Service Bundled with Broadband Service Pursuant to
P.U.C. Substantive Rule §26.214, Docket Number 37117.
Any party that demonstrates a justiciable interest may file with
the administrative law judge, written comments or recommendations
concerning the LRIC study referencing Docket Number 37117. Written
comments or recommendations should be filed no later than forty-five
(45) days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, by mail at P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free
at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136 or toll
free 1-800-735-2989. All comments should reference Docket Number 37117.
TRD-200902485
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 19, 2009
The staff of the Public Utility Commission of Texas (commission)
will hold a workshop regarding the Storm Hardening Benchmark Studies
on Wednesday, July 15, 2009, at 9:00 a.m. in the Commissioner's Hearing
Room, located on the 7th floor of the William B. Travis Building,
1701 North Congress Avenue, Austin, Texas 78701. This workshop was
originally scheduled for Wednesday, July 8, 2009, and has now been
rescheduled to Wednesday, July 15, 2009. Project Number 36375,
Cost Benefit Analysis of the Deployment of Utility
Infrastructure Upgrades and Storm Hardening Programs has been
established for this proceeding. Please refer to the Hazard Trees
Benchmark Survey and Best Practices Preliminary Draft Report, currently
filed under Project Number 36375, and Targeted Storm Hardening Report
Benchmark Survey and Best Practices Preliminary Draft Report, which
will be filed under Project Number 36375 no later than Friday, June
26, 2009. Interested parties may file written comments on these reports
under Project Number 36375 by Tuesday, July 7, 2009.
Ten days prior to the workshop, the commission shall make available
in Central Records under Project Number 36375 an agenda for the format
of the workshop.
Questions concerning the workshop or this notice should be referred
to Regina Chapline, Infrastructure Policy Analyst, Infrastructure & Reliability Division at (512) 936-7392, or regina.chapline@puc.state.tx.us.
Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136.
TRD-200902589
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 24, 2009
State Office of Rural Health's 2009 Rural Health Work Plan
The Office of Rural Community Affairs announces the State Office
of Rural Health's (SORH's) 2009 Rural Health Work Plan is now available
for public review and comment.
SORH's 2009 Rural Health Work Plan is now available on our website
at www.orca.state.tx.us, Rural Health, Publications.
Written comments may be submitted to Theresa Cruz, Director of
State Office of Rural Health, Office of Rural Community Affairs, P.O.
Box 12877, Austin, Texas 78711, telephone: (512) 936-6701. You may
also email comments to tcruz@orca.state.tx.us.
Comments must be received by Friday, July 24th.
The overall objectives for the Work Plan are to provide support
to small rural hospitals in order to maximize access to healthcare
for rural residents of the state, to work with partner agencies, associations
and educational institutions to provide education to students regarding
the benefits and financial incentives of health care professionals
practicing in rural areas, offer financial assistance programs to
increase the number of health professionals in rural areas, and coordinate
rural health resources and activities by working with Federal, State
and local agencies, as well as health care providers and rural residents
to increase access to healthcare.
TRD-200902595
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Filed: June 24, 2009
Aviation Division - Request for Proposal for Professional Services
The City of New Braunfels, through its agent the Texas Department
of Transportation (TxDOT), intends to engage an aviation professional
services firm for services pursuant to Government Code, Chapter 2254,
Subchapter A. TxDOT Aviation Division will solicit and receive proposals
for professional services as described below:
Airport Sponsor: The City of New Braunfels, New Braunfels Municipal.
TxDOT CSJ No. 0915NWBRNF. Scope: Prepare a Business Plan to provide
an overview analysis of the airport addressing airport policy, airport
building standards, airport rates and charges, market analysis, financial
analysis, and risk assessment; provide an assessment of business/economic
development opportunities; recommend an eight to ten year strategic
course of action to pursue development and to address issues at the
New Braunfels Municipal Airport.
There is no HUB goal for this project. TxDOT Project Manager is
Michelle Hannah.
Interested firms shall utilize the Form AVN-551, titled "Aviation
Planning Services Proposal". The form may be requested from TxDOT
Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483,
phone number 1-800-68-PILOT (74568). The form may be emailed by request
or downloaded from the TxDOT web site, URL address:
http://www.txdot.gov/services/aviation/consultant.htm.
The form may not be altered in any way. All printing must be in
black on white paper, except for the optional illustration page. Firms
must carefully follow the instructions provided on each page of the
form. Proposals may not exceed the number of pages in the proposal
format. The proposal format consists of seven pages of data plus two
optional pages consisting of an illustration page and a proposal summary
page. Proposals shall be stapled but not bound in any other fashion.
PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form
AVN-551, firms are encouraged to download Form AVN-551 from the TxDOT
website as addressed above. Utilization of Form AVN-551 from a previous
download may not be the exact same format. Form AVN-551 is a PDF Template.
Please note:
Seven completed, unfolded copies of Form AVN-551
must be received by TxDOT, in the Aviation
Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin,
Texas 78704 no later than July 28, 2009, 4:00 p.m. Electronic facsimiles
or forms sent by email will not be accepted. Please mark the envelope
of the forms to the attention of Sheri Quinlan.
The Consultant Selection Committee will be composed of local government
members. The final selection by the committee will generally be made
following the completion of review of proposals. The committee will
review all proposals and rate and rank each. The criteria for evaluating
consultants for airport planning projects is located at:
http://www.txdot.gov/services/aviation/consultant.htm.
All firms will be notified and the top rated firm will be contacted
to begin fee negotiations. The selection committee does, however,
reserve the right to conduct interviews of the top rated firms if
the committee deems it necessary. If interviews are conducted, selection
will be made following interviews.
If there are any procedural questions, please contact Sheri Quinlan,
Grant Manager, or Michelle Hannah, Project Manager, for technical
questions at 1-800-68-PILOT (74568).
TRD-200902583
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: June 23, 2009
A Revised Record of Decision (ROD) has been issued for the Final
Environmental Impact Statement for the Grand Parkway (State Highway
99), Segment E from Interstate Highway 10 (IH 10) to United States
Highway 290 (US 290) in Harris County, Texas. The Revised ROD documents
the decision to reaffirm the approval of the Selected Alternative
described in the June 24, 2008 ROD. The decision also provides environmental
approval of a design change at West Road, and documents additional
analyses of several issues.
The Revised ROD is available for viewing or copying at the Grand
Parkway Associate website:
www.grandpky.com;
at the Texas Department of Transportation's Houston District Office
located at 7600 Washington Avenue, Houston, Texas; or at the offices
of the Grand Parkway Association, located at 4544 Post Oak Place,
Suite 222, Houston, Texas. For further information, please contact
David Gornet, P.E. at (713) 965-0871 or Pat Henry, P.E. at (713) 802-5241.
TRD-200902590
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: June 24, 2009
A Revised Record of Decision (ROD) has been issued for the Final
Environmental Impact Statement for the Grand Parkway (State Highway
99), Segment F-1 from United States Highway 290 (US 290) to State
Highway 249 (SH 249) in Harris County, Texas. The Revised ROD documents
the decision to reaffirm the approval of the Selected Alternative
described in the November 20, 2008 ROD. The decision also provides
environmental approval of a design change at the future Mason Road
grade separation, and documents additional analyses of several issues.
The Revised ROD is available for viewing or copying at the Grand
Parkway Associate website:
www.grandpky.com;
at the Texas Department of Transportation's Houston District Office
located at 7600 Washington Avenue, Houston, Texas; or at the offices
of the Grand Parkway Association, located at 4544 Post Oak Place,
Suite 222, Houston, Texas. For further information, please contact
David Gornet, P.E. at (713) 965-0871 or Pat Henry, P.E. at (713) 802-5241.
TRD-200902591
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: June 24, 2009
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Texas Facilities Commission
Request for Proposals #303-9-12065
Texas Health and Human Services Commission
Public Notice
Public Notice
Public Notice
Texas Department of Insurance
Third Party Administrator Applications
Texas Lottery Commission
Instant Game Number 1256 "$500,000 Giant Jumbo Bucks III"
Instant Game Number 1257 "$1,000,000 Mega Jumbo Bucks III"
Instant Game Number 1259 "Loteria® Texas"
Public Utility Commission of Texas
Notice of Application for Service Area Exception Within Hansford County, Texas
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Revised Public Notice of Workshop on the Storm Hardening Benchmark Studies and Request for Comments
Office of Rural Community Affairs
Texas Department of Transportation
Public Notice - Revised Record of Decision, Grand Parkway Segment E, Harris County, Texas
Public Notice - Revised Record of Decision, Grand Parkway Segment F-1, Harris County, Texas