Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. 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 these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were deemed administratively complete
for the following projects(s) during the period of December 27, 2002, through
January 2, 2003. The public comment period for these projects will close at
5:00 p.m. on February 7, 2003.
FEDERAL AGENCY ACTIONS:
Applicant: Joseph Dunn; Location: The project is located on Whites Lake,
north of the San Jacinto River intersection with I-10 at 618 Avenue D in Harris
County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled
Highlands, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 300430;
Northing: 3299662. Project Description: The applicant proposes to construct
a riprap bulkhead with backfill and a boathouse and to perform dredging. The
215-foot crushed concrete bulkhead would be placed across an eroded piece
of property to create a straight shoreline from the corners of the adjacent
properties. The maximum distance from the shoreline to the bulkhead is approximately
40 feet. Approximately 9,800 square feet (0.23-acre) of open water and fringe
wetland would be backfilled. The approximate 300 square feet of fringe wetland
vegetation is dominated by seaside paspalum (Paspalum vaginatum) and common
reed (Phragmites australis). Additionally, a 3,000-square-foot area would
be mechanically dredged to -6 feet mean low tide to provide boat access. The
667 cubic yards of excavated material would be placed behind the concrete
bulkhead. The 12-foot by 20-foot covered boatlift would be constructed along
the concrete bulkhead. The water depth at the concrete bulkhead and boatlift
is approximately -2.0 feet mean low tide. The applicant proposes to compensate
for the loss of fringe wetlands by creating two 150-square-foot wetlands along
the concrete bulkhead. Suggested vegetation to be planted includes: spider
lilies (Hymenocallis caroliniana), swamp lilies (Crinum americanum), blue
iris (Iris virginica), Jamaica sawgrass (Cladium jamaicense), saltmarsh bulrush
(Scirpus robustus), and California bulrush (Scirpus californicus). CCC Project
No.: 02-0385-F1; Type of Application: U.S.A.C.E. permit application #22776
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. §125-1387).
Applicant: Vulcan Materials Company; Location: The project is located adjacent
to the Corpus Christi Ship Channel on the west bank of the Viola Turning Basin
which is approximately 8.5 miles west of the Corpus Christi Harbor Bridge.
The project can be located on the U.S.G.S. quadrangle map entitled Annaville,
Texas. Approximate UTM Coordinates: Zone: 14; Easting: 645500; Northing: 3080500.
Project Description: The applicant proposes to hydraulically dredge an area
of approximately 77,036 square feet to a depth of -40 feet Mean Low Tide to
accommodate berthing of barges and small vessels. Approximately 40,051 cubic
yards of sandy clay will be placed in the existing Corps of Engineers Suntide
Dredge Material Placement Area. CCC Project No.: 02-0396-F1; Type of Application:
U.S.A.C.E. permit application #22861 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Town of Bayside; Location: The project is located at the Bayside
Public Park, Bayside, Refugio County, Texas. The project can be located on
the U.S.G.S. quadrangle map entitled Bayside, Texas. Approximate UTM Coordinates:
Zone: 14; Easting: 675750; Northing: 3108750. Project Description: The applicant
proposes to install an articulating concrete mat along approximately 210 linear
feet of reshaped shoreline. They also propose shoring 180 linear feet of bulkhead
and concrete rubble relocated from the reshaped bank, planting grasses and
installing a temporary sheet pile wall. An area of 0.11 acre adjacent to the
failing bulkhead wall will receive the relocated concrete rubble and off-site
rubble. An area of 0.072 acre will receive the top bank soil to replace the
relocated concrete rubble and off-site soil as required. A vinyl sheet pile
wall will be installed with the top elevation at 2.5 feet to serve as a temporary
breakwater. The wall will be in place for 2 to 3 years to protect the planted
grass until it becomes established. The breakwater will be removed from the
seaward side. The vinyl sheeting will require water jetting or vibration for
removal. CCC Project No.: 02-0421-F1; Type of Application: U.S.A.C.E. permit
application #22907 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. §125-1387).
Applicant: Neumin Production Company; Location: The project is located
in State Tract 65, San Antonio Bay, approximately 20 miles north-northeast
of Channel marker Number 17. The project can be located on the U.S.G.S. quadrangle
map entitled Tivoli SE, Texas. Approximate UTM Coordinates: Zone: 14; Easting:
718000; Northing: 3139500. Project Description: The applicant proposes to
erect and maintain structures and appurtenances in connection with the drilling
of a single well for petroleum resources. The structures may be constructed
of steel or timber and will include typical marine barges, derrick platforms,
gravel or shell pads, foundations, protective structures, and aids to navigation.
Fill may be necessary for drilling barge stabilization. Pad size and height
would be dependent on bottom conditions. If fill is required, approximately
4,500 cubic yards of shell, crushed rock, or washed gravel would be used to
construct a drilling pad of approximately 27,000 square feet. No dredging
would be required for the proposed activity. The applicant also proposes to
install a 4-inch diameter pipeline from the proposed well number 1 in State
Tract 65 to an existing pipeline in State Tract 64. The pipeline would be
5,058 feet in length. The pipeline would be jetted, disked, or plowed a minimum
distance of 3 feet below the bay bottom, and the trench is expected to fill
naturally. Approximately 1,124 cubic yards of sand, silt, and clay would be
displaced during the pipeline installation. Up to 5 feet of bottom (50,580
square feet) on either side of the trench would be temporarily affected. No
seagrass, oysters, or shell reefs are found within 500 feet of the proposed
drill site or within 500 feet either side of the proposed pipeline. CCC Project
No.: 02-0428-F1; Type of Application: U.S.A.C.E. permit application #22924
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. §125-1387).
NOTE: The CMP consistency review for this project may be conducted by the
Railroad Commission of Texas as part of its certification under §401
of the Clean Water Act.
Applicant: Park Board of Trustees for the City of Galveston; Location:
The project is located at Apffel Park near the south jetty of Galveston Entrance
Channel, Boddecker Channel, near the west end of Big Reef and Stewart Beach.
The beach renourishment area is along Seawall Boulevard from 10th Street to
103rd Street along the Galveston Seawall. The project can be located on the
U.S.G.S. quadrangle maps entitled The Jetties and Galveston, Texas. Approximate
UTM Coordinates: Zone: 15; Apffel Park Easting: 332075 Northing: 3245906;
Beach Renourishment Easting: 328468; Northing: 3243028. Project Description:
The applicant proposes to excavate approximately 1,000,000 cubic yards of
sand annually from an accreting borrow source area located at Stewart Beach,
Apffel Park, and Boddecker Channel/Big Reef. Sand would be trucked and placed
along the Galveston Seawall to replenish beach sand from 10th Street to 103rd
Street. All sand would be placed above the high tide line and/or over existing
riprap in front of the seawall. The purpose and need to the project is to
temporarily alleviate chronic erosion that has reduced public beach width
in front of the seawall. CCC Project No.: 02-0435-F1; Type of Application:
U.S.A.C.E. permit application #14721(09) 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. §125-1387). NOTE: The CMP consistency
review for this project may be conducted by the Texas Commission on Environmental
Quality as part of its certification under §401 of the Clean Water Act.
Applicant: Intercontinental United Investors Corporation; Location: The
project is located at the end of Apffel Park Boulevard and East Beach Drive,
Galveston, Galveston County, Texas. The project can be located on the U.S.G.S.
quadrangle map entitled The Jetties, Texas. Approximate UTM Coordinates: Zone:
15; Easting: 330961; Northing: 3244923. Project Description: The applicant
proposes to construct a master planned residential/commercial development
on a 51.55-acre tract of land located at the end of Apffel Park Boulevard
and East Beach Drive. The southern boundary of the property extends into the
Gulf of Mexico. The northern boundary of the property crosses over Apffel
Park Drive for approximately 50 feet. Approximately 85.6 cubic yards of fill
material would be placed within waters of the U.S. located within the 51.55-acre
tract of land. The tract contains nine small shallow herbaceous wetlands that
total 0.96-acre. Of these nine wetlands, five wetland areas totaling 0.12
acres would be filled. The applicant is proposing to create 0.36-acre of in-kind
wetlands adjacent to the remaining three wetland areas as mitigation for the
project. A buffer zone would be constructed at both mitigation sites totaling
0.45-acre. Total mitigation for the impacts to the project, including both
the created wetland areas and the buffer zone, total 0.79-acre. This is a
mitigation ratio of 3:1. A restrictive covenant would be placed upon the constructed
wetlands that will state "No structures of any nature may be constructed within
the boundaries of the constructed wetlands." Even though the property extends
into the Gulf of Mexico, the waters of the Gulf would not be affected by the
project, nor would the beach or dunes. There would be a 50-foot set back area
from the base of the dunes northward where construction would not be permitted.
CCC Project No.: 02-0436-F1; Type of Application: U.S.A.C.E. permit application
#22849 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. §125-1387).
Applicant: Rush Development L.P.; Location: The project is located northwest
of the FM 3005 and 5th Road intersection, adjacent to Bay Harbor Subdivision,
Galveston, Galveston County, Texas. The project can be located on the U.S.G.S.
quadrangle map entitled San Luis Pass, Texas. Approximate UTM Coordinates:
Zone: 15; Easting: 2988379 Northing: 3223290. Project Description: The applicant
proposes to retain an after-the-fact bulkhead and associated backfill. Approximately
100 cubic yards of fill was discharged into a 0.13-acre wetland area. The
bulkhead was constructed in primarily upland areas with the exception of the
0.13-acre wetland. The applicant proposes to mitigate for the impact by excavating
an upland area and creating a wetland area adjacent to a functioning marsh.
CCC Project No.: 02-0437-F1 Type of Application: U.S.A.C.E. After-The-Fact
permit application #22795 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. §125-1387). NOTE: The CMP consistency review for
this project may be conducted by the Texas Commission on Environmental Quality
as part of its certification under §401 of the Clean Water Act.
Applicant: Cecil Norman; Location: The project is located on the eastern
property at the terminus of 9 Mile Road, Galveston, Galveston County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled Galveston,
Texas. Approximate UTM Coordinates: Zone: 15; Easting: 314345; Northing: 3237010.
Project Description: The applicant proposes to retain 0.36-acre of fill material
that has been placed in wetlands adjacent to Gangs Bayou for an unspecified
purpose. CCC Project No.: 02-0438-F1; Type of Application: U.S.A.C.E. After-The-Fact
permit application #22879 is being evaluated under §404 of the Clean
Water Act (33 U.S.C.A. §125-1387). NOTE: The CMP consistency review for
this project may be conducted by the Texas Commission on Environmental Quality
as part of its certification under §401 of the Clean Water Act.
Applicant: Johnny T. Phan; Location: The project is located in the old
TDI-Halter, Inc. Central Yard at 3750 South Gulfway Drive in Port Arthur,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled
Port Arthur South, Texas. Approximate UTM Coordinates: Zone: 15; Easting:
409314; Northing: 3293745. Project Description: The applicant proposes to
construct a 100-foot-long by 31-foot-wide by 15-foot-deep boat slip on the
Sabine-Neches Waterway, Port Arthur Canal. The purpose of this boat slip is
for the construction of a shrimp boat dry-dock and repair yard. The excavation
of the boat slip would be done by dragline. The excavated material would be
placed on uplands within the applicant's property. CCC Project No.: 02-0439-F1;
Type of Application: U.S.A.C.E. permit application #22900 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. §125-1387).
Applicant: Exxon Mobil Corporation; Location: The project is located in
Baffin Bay approximately 29.2 miles southeast of Kingsville in Kleberg and
Kenedy counties, Texas. The project well sites are located in State Tract
65. The project can be located on the U.S.G.S. quadrangle maps entitled Point
of Rocks, Kleberg Point and La Parra Ranch NE, Texas. Approximate UTM Coordinates
for dredging: Zone: 14; POB-651866 Easting; 3017195 Northing; POE-635465 Easting;
3017312 Northing. Project Description: The applicant proposes to install,
operate, and maintain structures and equipment necessary for oil and gas drilling,
production, and transportation activities. Such activities include installation
of typical marine barges and keyways, gravel pads, production structures with
attendant facilities, and flowlines. This proposal calls for the drilling
of six natural gas wells from two proposed drill basins. A 20-foot by 20-foot
Waskey-type production platform would service each of the six wells. Flowlines
would connect the wells to the production platforms and a 2,660-foot 6-inch
flowline would connect the two drill basin facilities. Proposed 3-pile clusters
would be removed upon completion of the respective wells, while the proposed
channel markers would be removed upon abandonment of all wells associated
with the channel. One drill basin measures 172-foot by 234-foot and would
connect to an existing channel with a proposed 70-foot by 1,743-foot channel.
A second drill basin measures 186-foot by 234-foot and would connect to the
same existing channel with a proposed 70-foot by 1,060-foot channel. It is
proposed that 121,069 cubic yards of dredged material be removed from 58,246
feet of the existing channel to a 70-foot width. Dredged material placement
would be staggered on both sides of the channel and would impact 93.6 acres
of bay bottom. An additional 12.48 acres of bay bottom would be affected by
the placement of 27,647 cubic yards of dredged material that is associated
with the dredging of two new channels and drill basins that total 6.3 acres.
The total volume of dredged material is 148,716 cubic yards. Two limestone
well foundation pads would total 1.92 acres. All dredging would be accomplished
with a barge mounted dragline. Water depths average -6.0 to -9.0 feet in depth
along the existing access channel and -6.0 to -7.0 feet in depth at the well
location. The applicant's consultants have performed a bottom survey for depths
and hard substrate and concluded that no hard substrates would be affected
by the proposed work. CCC Project No.: 02-0440-F1; Type of Application: U.S.A.C.E.
permit application #22756 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. §125-1387). NOTE: The CMP consistency review for
this project may be conducted by the Railroad Commission of Texas as part
of its certification under §401 of the Clean Water Act.
Applicant: Walter Oil & Gas Corporation; Location: The project is located
on Galveston Bay, State Tract 127, Well Number 2, from a proposed surface
location, Galveston Bay, Chambers County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled Morgans Point, Texas. Approximate
UTM Coordinates: Zone: 15; Easting: 312574; Northing: 3279143. Project Description:
The applicant proposes to drill State Tract 127, Well No. 2 from a proposed
surface location in Galveston Bay. Also, to construct a shell/gravel pad,
as required, for the proposed activities. Approximately 2,667 cubic yards
of shell and/or gravel would be required for pad installation. No dredging
would be required for this project. The proposed site is located in water
approximately 6 feet deep at mean tide. No sales lines are being pursued under
this permit. CCC Project No.: 02-0441-F1; Type of Application: U.S.A.C.E.
permit application #22873 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. §125-1387). NOTE: The CMP consistency review for
this project may be conducted by the Railroad Commission of Texas as part
of its certification under §401 of the Clean Water Act.
Applicant: Walter Oil & Gas Corporation; Location: The project is located
on Galveston Bay, State Tract 127, Well Number 1-A, Chambers County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled Morgans
Point, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 312639; Northing:
3279259. Project Description: The applicant proposes to drill State Tract
127, Well No. 1-A from a proposed surface location in Galveston Bay and to
construct a shell/gravel pad, as required, for the proposed activities. Approximately
2,667 cubic yards of shell and/or gravel would be required for pad installation.
No dredging would be required for this project. The proposed site is located
in water approximately 6 feet deep at mean tide. No sales lines are being
pursued under this permit. CCC Project No.: 02-0442-F1; Type of Application:
U.S.A.C.E. permit application #22875 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. §125-1387). NOTE: The CMP consistency
review for this project may be conducted by the Railroad Commission of Texas
as part of its certification under §401 of the Clean Water Act.
FEDERAL AGENCY ACTIVITIES:
Applicant: U.S. Army Corps of Engineers, Galveston District; Location:
The project is located approximately 6.5 miles south of the town of Matagorda
in Matagorda County, Texas. The structure would be constructed between the
existing jetties at the Mouth of the Colorado River. Project Description:
The applicant proposes to construct a rock sediment training structure between
the dune line and impoundment basin. This structure would direct sand to the
impoundment basin and prevent it from settling in the navigation channel.
This would reduce the shoaling rate and provide for safer navigation. The
proposed structure would be 500-foot-long and approximately 78.5-foot-wide.
It would be constructed of rock and extend from the dune line parallel to
the navigation channel. The final elevation would be 3.0 feet above Mean Sea
Level. CCC Project No.: 02-0310-F2; Type of Application: Joint Public Notice
between the U.S. Army Corps of Engineers, Galveston District and the Texas
Commission on Environmental Quality issued in accordance with the provisions
of Federal regulations, Title 33 CFR 337.1 and Title 40 CFR 230, concerning
the policy, practice, and procedures to be followed by the U.S. Army Corps
of Engineers in connection with disposition of dredged or fill material in
navigable waters.
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 may be obtained from
Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O.
Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments
should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.
TRD-200300065
Larry Laine
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: January 8, 2003
Notice of Intent to Amend Contract
Notice of Amendment: Pursuant to Chapter 404, Texas Government Code, the
Comptroller of Public Accounts (Comptroller), acting through the Texas Treasury
Safekeeping Trust Company, announces this notice of amendment and renewal
of investment management services contracts.
The following contracts are renewed for the period beginning January 1,
2003 through December 31, 2003.
A contract is renewed with Banc One Investment Advisors Corporation, 1111
Polaris Parkway, Columbus, Ohio, 43240. The product is International Equities.
The total amount of fees under the contract is based on the value of assets
under management; the estimated maximum payments for the 2003 renewal period
are $328,000.
A contract is renewed with Chicago Equity Partners, LLC, 180 N. LaSalle,
Suite 3800, Chicago, Illinois, 60601. The product is Mid Cap Core Equities.
The total amount of fees under the contract is based on the value of assets
under management; the estimated maximum payments for the 2003 renewal period
are $217,000.
A contract is renewed with Davis, Hamilton, Jackson & Associates, L.P.,
Two Houston Center, Suite 550, 909 Fannin, Houston, Texas, 77010. The product
is Large Cap Core Equities. The total amount of fees under the contract is
based on the value of assets under management; the estimated maximum payments
for the 2003 renewal period are $366,000.
A contract is renewed with Enhanced Investment Technologies, Inc. (INTECH),
The Harbour Financial Center, 2401 PGA Boulevard, Suite 200, Palm Beach Gardens,
Florida, 33410. The product is Large Cap Growth Equities. The total amount
of fees under the contract is based on the value of assets under management;
the estimated maximum payments for the 2003 renewal period are $512,000.
A contract is renewed with Equinox Capital Management, LLC, 590 Madison
Avenue, New York, New York, 10022. The product is Large Cap Value Equities.
The total amount of fees under the contract is based on the value of assets
under management; the estimated maximum payments for the 2003 renewal period
are $182,000.
A contract is renewed with John A. Levin & Company, Inc., 1 Rockefeller
Plaza, 19th Floor, New York, New York, 10020. The product is Large Cap Value
Equities. The total amount of fees under the contract is based on the value
of assets under management; the estimated maximum payments for the 2003 renewal
period are $430,000.
A contract is renewed with J.P. Morgan Investment Management, Inc., 522
Fifth Avenue, New York, New York, 10036. The product is Small Cap Core Equities.
The total amount of fees under the contract is based on the value of assets
under management; the estimated maximum payments for the 2003 renewal period
are $546,000.
A contract is renewed with Palladium Capital Management, 5075 Westheimer,
Suite 1150 West, Houston, Texas, 77056. The product is Large Cap Growth Equities.
The total amount of fees under the contract is based on the value of assets
under management; the estimated maximum payments for the 2003 renewal period
are $71,000.
A contract is renewed with Travelers Investment Management Company, One
Tower Square, Hartford, Connecticut, 06183. The product is Large Cap Core
Equities. The total amount of fees under the contract is based on the value
of assets under management; the estimated maximum payments for the 2003 renewal
period are $133,000.
A contract is renewed with Valenzuela Capital Partners, LLC, 1270 Avenue
of the Americas, Suite 508, New York, New York, 10020. The product is Mid
Cap Core Equities. The total amount of fees under the contract is based on
the value of assets under management; the estimated maximum payments for the
2003 renewal period are $333,000.
A contract is renewed with Fountain Capital Management, L.L.C., 10801 Mastin
Boulevard, Suite 220, Overland Park, Kansas, 66210. The product is High Yield
Securities. The total amount of fees under the contract is based on the value
of assets under management; the estimated maximum payments for the 2003 renewal
period are $389,000.
A contract is renewed with Biscayne Advisors, Inc., 2711 North Haskell
Ave., Suite 2070, L.B. #26, Dallas, Texas, 75204. The product is Large Cap
Core Equities. The total amount of fees under the contract is based on the
value of assets under management; the estimated maximum payments for the 2003
renewal period are $84,000.
For further information, please contact: Pamela Ponder, Deputy General
Counsel for Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM
G-24, Austin, Texas, 78774, telephone number: (512) 475-0498, fax: (512) 475-0973,
or by e-mail at contracts@cpa.state.tx.us.
TRD-200300030
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: January 6, 2003
Notice of Request for Proposals: Pursuant to Sections 403.011, 2155.001,
and 2156.121, and Chapter 404 Texas Government Code, the Comptroller of Public
Accounts (Comptroller), acting through the Texas Treasury Safekeeping Trust
Company (Trust Company), announces the issuance of its Request for Proposals
(RFP #150b) from qualified, independent, investment management firms to assist
the Comptroller in managing certain assets under the Comptroller's control
as described in the RFP. The Comptroller, as the sole officer, director, and
shareholder of the Trust Company, desires to obtain the services of investment
managers in administering the daily investment activities of assets and portfolios
of domestic large capitalization growth equities; domestic large capitalization
value equities; and international core equities. The Comptroller reserves
the right to award more than one contract under the RFP. The successful respondent(s)
will be expected to begin performance of the contract on or about February
28, 2003.
Contact: Parties interested in submitting a proposal should contact John
C. Wright, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain
a complete copy of the RFP. The Comptroller will mail copies of the RFP only
to those parties specifically requesting a copy. The RFP will be available
for pick-up at the above referenced address on Friday, January 17, 2003, between
2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business
hours thereafter. The Comptroller will also make the entire RFP available
electronically on the Texas Marketplace after Friday, January 17, 2003, 2:00
p.m. CZT. The website address is http://esbd.tbpc.state.tx.us.
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions,
and non-mandatory Letters of Intent to propose must be received at the above-referenced
address not later than 2:00 p.m. (CZT) on Monday, January 27, 2003. Prospective
respondents are encouraged to fax non-mandatory Letters of Intent and Questions
to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed
to John C. Wright, Assistant General Counsel, Contracts, and must contain
the information as stated in the corresponding Section of the RFP and be signed
by an official of that entity. Non-mandatory Letters of Intent and Questions
received after this time and date will not be considered. On or around Wednesday,
January 29, 2003, the Comptroller expects to post responses to questions as
a revision to the Texas Marketplace notice on the issuance of this RFP.
Closing Date: Proposals must be delivered to the Office of the Assistant
General Counsel, Contracts, at the location specified above (ROOM G24) no
later than 2:00 p.m. (CZT), on Friday, February 7, 2003. Proposals received
in ROOM G24 after this time and date will not be considered regardless of
the reason for the late delivery and receipt. Respondents are encouraged to
and solely responsible for verifying timely receipt of proposals in that office
(ROOM G24).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria
outlined in the RFP. The Comptroller shall make the final decision on any
contract award or awards resulting from this RFP.
The Comptroller reserves the right, in its sole discretion, to accept or
reject any or all proposals submitted. The Comptroller is not obligated to
award or execute any contracts on the basis of this notice or the distribution
of any RFP. The Comptroller shall not pay for any costs incurred by any entity
in responding to this notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as
follows: Issuance of RFP - January 17, 2003, 2:00 p.m. CZT; Non-Mandatory
Letter of Intent to propose and Questions Due - January 27, 2003, 2:00 p.m.
CZT; Official Responses to Questions posted - January 29, 2003; Proposals
Due - February 7, 2003, 2:00 p.m. CZT; Contract Execution - February 18, 2003,
or as soon thereafter as practical; Commencement of Project Activities - February
28, 2003.
TRD-200300064
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: January 8, 2003
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 Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 01/13/03 - 01/19/03 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the
period of 01/13/03 - 01/19/03 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200300044
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 7, 2003
Request for Applications Concerning Texas Grants to Reduce Academic Dropouts (Texas GRAD)
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-03-006 from public school districts,
including open-enrollment charter schools; shared services arrangements of
school districts and open-enrollment charter schools; education service centers
applying as fiscal agents of shared services arrangements of public school
districts and open-enrollment charter schools; colleges and universities;
and nonprofit organizations or other government-funded agencies residing in
Texas to carry out supplementary activities that are designed to support effective,
ongoing, and coordinated dropout prevention programs in schools with higher
than average dropout rates and to strengthen the capacity of local educational
agencies (LEAs) to provide all students opportunities to increase educational
achievement. An applicant that is not an LEA must submit the criteria for
selection of supplemental collaboration(s) with an LEA or LEAs and describe
the plan for formalized coordination. The LEA may contract with private sector
organizations to deliver all or any part of the program.
Description. The purpose of the Texas Grants to Reduce Academic Dropouts
(Texas GRAD) program is to assist districts that exhibit lower than the state
average completion rates for the classes of 1998, 1999, 2000, and 2001 to
implement programs that will increase the number of students that graduate
from high school and to implement programs that will proactively address some
of the issues that are cited as underlying factors that cause some students
to cease their connection with formalized education prior to receiving the
high school diploma. Funding may be used to supplement and strengthen existing
programs that have proven to be effective as well as to implement proposed
new programs that have great potential to increase graduation rates among
students, particularly among economically disadvantaged students and/or students
that historically account for a high percentage of dropouts.
Dates of Project. Texas GRAD will be implemented during the summer of 2003
and the 2003-2004 school year. Applicants should plan for a starting date
of no earlier than May 1, 2003, and an ending date of no later than July 31,
2004.
Project Amount. Funding will be provided for approximately 10 to 20 grants
in amounts ranging from $100,000 to $500,000. The amount of funding to be
awarded is dependent on the scope of the program design, the number of students
expected to be served, and the perceived ability of the program to accomplish
its purpose as reflected by a previous record of success and/or documentation
of scientific research that substantiates the strategies, activities, and
collaborations described in the application. To accomplish the purpose of
this grant funding, the TEA will ensure that not more than $1,000,000 will
be awarded to colleges and universities and/or any nonprofit organizations
or other government-funded agencies residing in Texas and not less than $4,000,000
will be awarded to all other categories of eligible applicants. This project
is funded as follows: 80% ($4,000,000) from federal funds (Elementary and
Secondary Education Act, as reauthorized by the No Child Left Behind Act of
2001, Public Law 107-110, §6111) and 20% ($1,000,000) from nonfederal
sources.
Selection Criteria. Applications will be selected based on the independent
reviewers' assessment of each applicant's ability to carry out all requirements
contained in the RFA. Reviewers will evaluate applications based on the overall
quality and validity of the proposed grant program and the extent to which
the application addresses the primary objective(s) and intent of the project.
Applications must address each requirement as specified in the RFA to be considered
for funding. An applicant will receive competitive priority points for ranking
purposes if: (1) the district has 60% or more economically disadvantaged students
as verified by the 2001-2002 PEIMS Report; and/or (2) student populations
that reflect more than one student group falling below the state percentage
of students graduated for the classes of 1998, 1999, 2000, and 2001 as reported
on the Completion Rate/Student Status Rate Indicator of the 1999-2000, 2000-2001,
and 2001-2002 Academic Excellence Indicator System (AEIS) State Performance
Reports. The AEIS State Performance Reports are available at http://www.tea.state.tx.us/perfreport/aeis/.
The TEA will not award a grant to an applicant receiving an average score
of below 70. The TEA reserves the right to select from the highest ranking
applications those that address all requirements in the RFA and that are most
advantageous to the project.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of RFA #701-03-006 may be obtained
by writing the: Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us.
Please refer to the RFA number and title in your request. Provide your name,
complete mailing address, and phone number including area code. The announcement
letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Geraldine Kidwell, Division of Curriculum and Professional Development, TEA,
(512) 463-9581.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday,
April 3, 2003, to be considered for funding.
TRD-200300058
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Filed: January 8, 2003
Correction of Error
The Texas Commission on Environmental Quality (TCEQ) adopted amendments
to 30 TAC §114.50, concerning Vehicle Emissions Inspection Requirements.
The rule appeared in the December 20, 2002,
Texas
Register
(27 TexReg 11997).
Due to a punctuation error in the Commission's submission, the closing
parenthesis mark was omitted in §114.50(b)(2) on page 12002. The sentence
should read as follows. "...with the FCAA (42 United States Code, §§7401
TRD-200300028
Filed: January 6, 2003
An agreed order was entered regarding Schmidt & Sons, Inc., Docket
No. 2002-0194-PST-E on December 17, 2002 assessing $1,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Robin Chapman, Staff Attorney at (512)239-0497, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Williams Terminals Holdings, L.P.,
Docket No. 2002- 0433-IHW-E.
Information concerning any aspect of this order may be obtained by contacting
Rich O'Connell, Staff Attorney at (512)239-5528, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jim Stinnett, Docket No. 2001-0496-AIR-E
on December 17, 2002 assessing $1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Robert Hernandez, Staff Attorney at (210)403-4016, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Eftakhar Khan dba Papa Joe's Food
Mart & Deli, Docket No. 2001-1325-PST-E on December 17, 2002 assessing
$23,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lisa Lemanczyk, Staff Attorney at (512)239-5915, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Bauke Mulder dba B & A Dairy,
Docket No. 2001-1522- AGR-E on December 17, 2002 assessing $2,250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Alfred Okpohworho, Staff Attorney at (713)422-8918, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kirby & Kirby Oil Company, Inc.,
Docket No. 2002- 0076-PST-E on December 17, 2002 assessing $22,500 in administrative
penalties with $4,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903)535-5145, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Dan Griffin dba Griffin Oil Co.,
Docket No. 2002-0007- PST-E on December 17, 2002 assessing $12,500 in administrative
penalties with $2,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mark Newman, Enforcement Coordinator at (915)655-9479, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gonzalez Health-Care Systems, Inc.
dba Memorial Hospital, Docket No. 2002-0132-PST-E on December 17, 2002 assessing
$1,500 in administrative penalties with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
Edward Moderow, Enforcement Coordinator at (361)825-3288, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Global Octanes Texas, L.P., Docket
No. 2002-0470-AIR- E on December 20, 2002 assessing $1,875 in administrative
penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sheila Smith, Enforcement Coordinator at (512)239-1670, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Andrews Transport, Inc., Docket No.
2002-0317-PST-E on December 17, 2002 assessing $600 in administrative penalties
with $120 deferred.
Information concerning any aspect of this order may be obtained by contacting
Laura Clark, Enforcement Coordinator at (409)899-8760, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Georgetown, Docket No. 2001-1118-MWD-E
on December 17, 2002 assessing $26,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tandem Energy Corporation, Docket
No. 2002-0477- AIR-E on December 17, 2002 assessing $2,500 in administrative
penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Johnson, Enforcement Coordinator at (713)422-8931, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding VF Jeanswear, LP, Docket No. 2002-0420-IWD-E
on December 17, 2002 assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Terry McMillan, Enforcement Coordinator at (915)834-4953, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding One Genesis, Inc. dba Lucky Way Food
Store, Docket No. 2001-1305-PST-E on December 17, 2002 assessing $1,000 in
administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Catherine Albrecht, Enforcement Coordinator at (713)767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Patsy Tobias dba Kwik Stop, Docket
No. 2002-0509- PST-E on December 17, 2002 assessing $2,500 in administrative
penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Schildwachter, Enforcement Coordinator at (512)239-2355, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ki Won Nam dba KJ Shell, Docket No.
2002-0439-PST- E on December 17, 2002 assessing $900 in administrative penalties
with $180 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sandy VanCleave, Enforcement Coordinator at (512)239-0667, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bryan Jamail, Docket No. 2002-0432-EAQ-E
on December 17, 2002 assessing $6,375 in administrative penalties with $1,275
deferred.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at (512)339-2929, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HEC Petroleum, Incorporated, Docket
No. 2002-0623- AIR-E on December 17, 2002 assessing $1,875 in administrative
penalties with $375 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sheila Smith, Enforcement Coordinator at (512)239-1670, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Guardian Industries Corporation,
Docket No. 2002-0717- AIR-E on December 17, 2002 assessing $2,250 in administrative
penalties with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512)239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Glamour Food Mart, Inc. dba Texas
Wawa Food Mart, Docket No. 2001-1452-PST-E on December 17, 2002 assessing
$10,000 in administrative penalties with $9,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Johnson, Enforcement Coordinator at (713)422-8931, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gantt Aviation, Inc., Docket No.
2002-0512-PST-E on December 17, 2002 assessing $1,500 in administrative penalties
with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
A. Sunday Udoetok, Enforcement Coordinator at (512)239-0739, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding E-Z International Inc. dba E-Z Mart
#6, Docket No. 2002-0658-PST-E on December 17, 2002 assessing $900 in administrative
penalties with $180 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Johnson, Enforcement Coordinator at (713)422-8931, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Containment Solutions, Inc., Docket
No. 2002-0303- AIR-E on December 17, 2002 assessing $2,250 in administrative
penalties with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting
Catherine Albreccht, Enforcement Coordinator at (713)767-3672, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cargill, Incorporated, Docket No.
2001-1470-MWD-E on December 17, 2002 assessing $9,375 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Pamela Campbell, Enforcement Coordinator at (512)239-4493, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding David W. Black, Docket No. 2001-1554-OSI-E
on December 17, 2002 assessing $500 in administrative penalties with $100
deferred.
Information concerning any aspect of this order may be obtained by contacting
Laurie Eaves, Enforcement Coordinator at (512)239-4495, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding George Foley, Sr. dba Lakline Acres
Water Supply, Docket No. 2001-1438-PWS-E on December 20, 2002 assessing $500
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Frank Burleson, Enforcement Coordinator at (254)761-3007, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Krum, Docket No. 2001-1552-MWD-E
on December 17, 2002 assessing $12,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kendall County, Docket No. 2002-0427-MLM-E
on December 17, 2002 assessing $7,288 in administrative penalties with $1,458
deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Clausewitz, Enforcement Coordinator at (210)403-4012, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ana, Inc. dba C & M Grocery,
Docket No. 2002-0212- PST-E on December 17, 2002 assessing $5,000 in administrative
penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (713)767-3607, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chang Yong Im dba Times Market #11,
Docket No. 2002-0370-PST-E on December 17, 2002 assessing $2,625 in administrative
penalties with $525 deferred.
Information concerning any aspect of this order may be obtained by contacting
Edward Moderow, Enforcement Coordinator at (361)825-3288, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Roy and Mary Apperson dba Roy and
Mary's Grocery and Debra Wilburn, Docket No. 2002-0244-PST-E on December 17,
2002 assessing $9,000 in administrative penalties with $1,800 deferred.
Information concerning any aspect of this order may be obtained by contacting
Susan Kelly, Enforcement Coordinator at (409)899-8704, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Virginia Franklin-Mower dba Franklin
Estates South, Docket No. 2001-0837-PWS-E on December 17, 2002 assessing $3,000
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Gary Shipp, Enforcement Coordinator at (806)796-7092, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Kirby G. Black dba Western Hills
Mini Mart, Docket No. 2002-0275-PST-E on December 17, 2002 assessing $14,000
in administrative penalties with $13,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409)899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200300049
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 7, 2003
An agreed order was entered regarding Lockhart Grocery, Inc., Docket No.
2001-1241-PST-E on December 20, 2002 assessing $7,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Alfred Okpohworho, Staff Attorney at (713)422-8918, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Scrap Tire Recycling, Inc. and Eugene
Barnes, Docket No. 2002-0408-MSW-E on December 20, 2002 assessing $20,400
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Diana Grawitch, Staff Attorney at (512)239-0939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Akzo Nobel Chemical, Inc., Docket
No. 2002-0085-AIR- E on December 20, 2002 assessing $20,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurencia Fasoyiro, Staff Attorney at (713)422-8914, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hanson Aggregates Central Inc. dba
Hanson Concrete South Central, Docket No. 2002-0155-AIR-E on December 20,
2002 assessing $3,125 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Judy Fox, Enforcement Coordinator at (817)588-5825, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Irving, Docket No. 2002-0667-AIR-E
on December 20, 2002 assessing $900 in administrative penalties with $180
deferred.
Information concerning any aspect of this order may be obtained by contacting
Alayne Furgurson, Enforcement Coordinator at (817)588-5812, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Owens Corning Corporation, Docket
No. 2001-1189- AIR-E on December 20, 2002 assessing $25,000 in administrative
penalties with $5,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Stacey Young, Enforcement Coordinator at (512)239-1899, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Advanced Drainage Systems, Incorporated,
Docket No. 2002-0151-AIR-E on December 20, 2002 assessing $2,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, P.E., Enforcement Coordinator at (817)588-5890, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ONEOK Texas Field Services, L.P.,
Docket No. 2002- 0590-AIR-E on December 20, 2002 assessing $2,625 in administrative
penalties with $525 deferred.
Information concerning any aspect of this order may be obtained by contacting
Ronnie Kramer, Enforcement Coordinator at (806)468-0512, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Amerada Hess Corporation, Docket
No. 2001-0742-AIR- E on December 20, 2002 assessing $134,750 in administrative
penalties with $26,950 deferred.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Western Gas Resources, Inc., Docket
No. 2002-0235- AIR-E on December 20, 2002 assessing $25,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Mark Newman, Enforcement Coordinator at (915)655-9479, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HAWA, Inc. dba Food Mart, Docket
No. 2002-0135- PST-E on December 20, 2002 assessing $17,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at (956)430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Big Chief Distributing Company, Docket
No. 2002-0437- PST-E on December 20, 2002 assessing $500 in administrative
penalties with $100 deferred.
Information concerning any aspect of this order may be obtained by contacting
J. Craig Fleming, Enforcement Coordinator at (512)239-5806, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Silkot International, Inc. dba Speed
Trak 2, Docket No. 2001-1067-PST-E on December 20, 2002 assessing $8,250 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903)535-5145, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Tiendas Conveniente Inc. dba In 'N'
Out Convenience Store, Docket No. 2002-0243-PST-E on December 20, 2002 assessing
$2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
A. Sunday Udoetok, Enforcement Coordinator at (512)239-0739, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding United Petroleum Transports, Inc.,
Docket No. 2002- 0093-PST-E on December 20, 2002 assessing $1,000 in administrative
penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Elvia Maske, Enforcement Coordinator at (512)239-0789, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding King K. Cole, Inc., Docket No. 2002-0650-PST-E
on December 20, 2002 assessing $1,000 in administrative penalties with $200
deferred.
Information concerning any aspect of this order may be obtained by contacting
Miriam Hall, Enforcement Coordinator at (512)239-1044, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Grecoair, Inc., Docket No. 2002-0460-PST-E
on December 20, 2002 assessing $10,625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurencia Fasoyiro, Staff Attorney at (713)422-8914, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Clara Gates dba The Morales Store,
Docket No. 2001- 1164-PST-E on December 20, 2002 assessing $4,000 in administrative
penalties with $3,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra Baumgartner, Enforcement Coordinator at (361)825-3312, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding KMCO, L.P., Docket No. 2002-0201-IHW-E
on December 20, 2002 assessing $30,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Catherine Sherman, Enforcement Coordinator at (713)767-3624, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Southeast Texas Industries, Inc.,
Docket No. 2002-0251- ISW-E on December 20, 2002 assessing $625 in administrative
penalties with $125 deferred.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding North Star Steel Texas, Inc., Docket
No. 2002-0395- IWD-E on December 20, 2002 assessing $11,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512)239-4492, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding North Alamo Water Supply Corporation,
Docket No. 2001-1123-MLM-E on December 20, 2002 assessing $19,313 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding L.F. Manufacturing, Incorporated,
Docket No. 2001- 1573-MLM-E on December 20, 2002 assessing $55,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lawrence King, Enforcement Coordinator at (512)339-2929, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ted Booher dba Rapid Environmental
Services, Docket No. 2002-0528-MSW-E on December 20, 2002 assessing $250 in
administrative penalties with $50 deferred.
Information concerning any aspect of this order may be obtained by contacting
Steven Lopez, Enforcement Coordinator at (512)239-1896, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Menard, Docket No. 2002-0340-MWD-E
on December 20, 2002 assessing $6,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Katharine Hodgins, SEP Coordinator at (512)239-5731, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Micheul Hudman, Docket No. 2002-0198-OSI-E
on December 20, 2002 assessing $750 in administrative penalties with $150
deferred.
Information concerning any aspect of this order may be obtained by contacting
Kimberly McGuire, Enforcement Coordinator at (713)422-8938, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding KMKA Corporation dba Speedy Food
Mart, Docket No. 2002-0337-PST-E on December 20, 2002 assessing $7,000 in
administrative penalties with $1,400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Johnson, Enforcement Coordinator at (713)422-8931, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Exxon-Mobil Corporation, Docket No.
2002-0419-PST- E on December 20, 2002 assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
A. Sunday Udoetok, Enforcement Coordinator at (512)239-0739, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gidden Distributing, Inc., Docket
No. 2002-0503-PST-E on December 20, 2002 assessing $3,000 in administrative
penalties with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sandy VanCleave, Enforcement Coordinator at (512)239-0667, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding East Texas Petroleum Company, Inc.,
Docket No. 2002- 0807-PST-E on December 20, 2002 assessing $1,000 in administrative
penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Dan Landenberger, Enforcement Coordinator at (915)570-1359, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding United Petroleum Transports, Inc.,
Docket No. 2002- 0423-PST-E on December 20, 2002 assessing $7,500 in administrative
penalties with $1,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Catherine Sherman, Enforcement Coordinator at (713)767-3624, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Dade Aviation, Inc., Docket No. 2002-0114-PST-E
on December 20, 2002 assessing $6,875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kevin Smith, Enforcement Coordinator at (915)834-4952, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding William Smith dba Tallows Mobile
Home Park, Docket No. 2002-0570-PWS-E on December 20, 2002 assessing $625
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Shawn Stewart, Enforcement Coordinator at (512)239-6684, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sun Lee Investments, Inc., Docket
No. 2002-0330-PWS- E on December 20, 2002 assessing $625 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Richard O'Connell, Staff Attorney at (512)239-5528, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Dale Haggard dba Haggard Water dba
Whispering Pines Subdivision and dba Spring Valley Subdivision, Docket No.
2002-0575-PWS-E on December 20, 2002 assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Diana Grawitch, Staff Attorney at (512)239-0939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200300050
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 7, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Order (DO). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director (ED) of the commission in accordance
with Texas Water Code (TWC), §7.075, this notice of the proposed order
and the opportunity to comment is published in the
Texas Register
no later than the 30th day before the date on which
the public comment period closes, which in this case is
February 17, 2003
. The commission will consider any written comments
received and the commission may withdraw or withhold approval of a DO if a
comment discloses facts or considerations that indicate a proposed DO is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's jurisdiction, or orders and permits issued
in accordance with the commission's regulatory authority. Additional notice
of changes to a proposed DO is not required to be published if those changes
are made in response to written comments.
A copy of the proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on February 17, 2003
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's attorneys are
available to discuss the DO and/or the comment procedure at the listed phone
numbers; however, comments on the DO should be submitted to the commission
in
writing
.
(1) COMPANY: Jamil Sayfi dba Farmers Travel Center; DOCKET NUMBER: 2002-0206-
MLM-E; TCEQ ID NUMBER: 0004186; LOCATION: 13183 Interstate Highway 10 East,
Converse, Bexar County, Texas; TYPE OF FACILITY: retail petroleum; RULES VIOLATED:
30 TAC §330.5(a), by failing to properly dispose of municipal solid waste,
including paper and plastic trash, tree trimmings, rebar, sheet rock, and
concrete debris; 30 TAC §334.50(a), (b)(1)(A), and (b)(2)(A)(i) and (ii),
and TWC, §26.3475, by failing to provide release detection for the four
underground storage tanks (USTs) currently in use at the facility by failing
to equip each separate pressurized line with an automatic leak detector, failing
to perform annual tightness testing or monthly monitoring of the lines, and
failing to perform monthly monitoring of tanks; 30 TAC §334.48(c), by
failing to perform inventory control for the USTs; 30 TAC §334.8(c)(4)(B)
and TWC, §26.346(a), by failing to accurately complete a UST registration
and self-certification form with information which reflected the noncompliance
with the release detection requirements; 30 TAC §334.47(a)(2), by failing
to remove from service an existing 10,000 gallon UST that was not brought
into compliance with upgrade requirements within 60 days after the implementation
date; 30 TAC §334.21(b) and §334.22(b), by failing to pay fiscal
year UST fees and late fees which have accrued; PENALTY: $92,500; STAFF ATTORNEY:
Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE:
San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
TRD-200300035
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 7, 2003
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
February 17, 2003
. 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 the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's orders and permits issued in accordance
with the commission's regulatory authority. Additional notice of changes to
a proposed AO is not required to be published if those changes are made in
response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Comments about an AO should be sent to the attorney
designated for the AO at the commission's central office at P.O. Box 13087,
MC 175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on February 17, 2003
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney is available
to discuss the AO and/or the comment procedure at the listed phone number;
however, §7.075 provides that comments on an AO should be submitted to
the commission in
writing
.
(1) COMPANY: Fast Fabricators, Inc.; DOCKET NUMBER: 2000-1287-AIR-E; TCEQ
ID NUMBER: TA-3797-O; LOCATION: 1812 Roanoke Road, Roanoke, Tarrant County,
Texas; TYPE OF FACILITY: pipe fabrication and metal parts painting; RULES
VIOLATED: 30 TAC §§106.433, 106.452, and 116.110(a), and Texas Health
and Safety Code (THSC), §382.0518(a) and §382.085(b), by failing
to either meet the requirements of a permits by rule or obtain the required
TCEQ air permit before conducting spray painting and outdoor sandblasting
operations; 30 TAC §115.426(4) and THSC, §382.085(b), by failing
to maintain records sufficient to determine the amount of volatile organic
compounds being used per hour at the plant; PENALTY: $6,000; STAFF ATTORNEY:
Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951,
(817) 588- 5800.
(2) COMPANY: Valley By Products, Inc.; DOCKET NUMBER: 2001-1172-MLM-E;
TCEQ ID NUMBERS: 01243 and EE-1074-H; LOCATION: 7740 Kiely Road, El Paso,
El Paso County, Texas; TYPE OF FACILITY: rendering plant and wastewater treatment;
RULES VIOLATED: 30 TAC §305.125(17), Water Quality Permit Number 01243,
VI Special Provisions, Industrial Solid Waste Requirements, Number 2(e), and
the 1999 Agreed Order, Ordering Provision Number 3(a), by failing to maintain
records for all sludge (or other wastes) removed from the facility; the 1999
Agreed Order, Ordering Provision Number 3(d), by failing to submit a maintenance
plan and schedule within 30 days after the effective date of the 1999 Agreed
Order, and by failing to maintain a log book documenting sludge depth, removal
and disposal, as well as other maintenance activities available for review
by TCEQ representatives upon request; the 1999 Agreed Order, Ordering Provision
Number 4, by failing to give notice of the 1999 Agreed Order to Valley By
Products personnel who maintain day-to-day control over the plant operations;
30 TAC §101.4, and THSC, §382.085(a) and (b), by failing to prevent
the discharge of a contaminant that adversely affected human health and interfered
with the normal use and enjoyment of personal property; TWC, §26.121
and Water Quality Permit Number 01243, Section V, by failing to prevent an
unauthorized discharge of wastewater and solids from the oxidation pond; PENALTY:
$46,875; STAFF ATTORNEY: John Sumner, Litigation Division, MC R-7, (915) 620-
6118; REGIONAL OFFICE: El Paso Regional Office, 401 E. Franklin Avenue, Suite
560, El Paso, Texas 79901-1206, (915) 834-4949.
TRD-200300036
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 7, 2003
The following notices were issued during the period of December 16, 2002
through January 2, 2003.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
ALDINE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit
No. 12070-004, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 15,000 gallons per day. The facility
is located in the southwest corner of the Orange Grove Elementary School campus
at 4514 Mount Houston Road in Harris County, Texas.
AQUASOURCE DEVELOPMENT COMPANY has applied for a renewal of TPDES Permit
No. 14007-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 130,000 gallons per day. The facility
is located approximately 7,150 feet northwest of the point where Rose Hill
Road crosses Spring Creek and approximately 12,500 feet north-northeast of
the intersection of Farm-to-Market Road 2920 and Mueschke Road in Montgomery
County, Texas.
AQUASOURCE UTILITY, INC. has applied for a renewal of TPDES Permit No.
14096-001, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 100,000 gallons per day. The facility is
located approximately 1500 feet north of Farm-to-Market Road 356, approximately
1.5 miles east of the intersection of Farm-to-Market Road 356 and Farm- to-Market
Road 355 in Trinity County, Texas.
CITY OF BALMORHEA has applied for a renewal of Permit No. 12194-001, which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 83,000 gallons per day via evaporation and surface irrigation
of 8 acres of City-owned non-public access pastureland adjacent to the plant
site. This permit will not authorize a discharge of pollutants into waters
in the State. The facility and disposal site are located approximately 3,500
feet south of State Highway 17 (formally U.S. Highway 290), approximately
5,000 feet east of the intersection of State Highway 17 (formally U.S. Highway
290) and Farm-to-Market Road 2903 and east of the City of Balmorhea in Reeves
County, Texas.
BRIARWOOD LUTHERAN MINISTRIES has applied for a renewal of TPDES Permit
No. 12605-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 3,000 gallons per day. The facility
is located on Copper Canyon Road approximately one mile north of the intersection
of Farm-to-Market Road 407 and Copper Canyon Road in Denton County, Texas.
CHAMP'S WATER COMPANY has applied for a renewal of TPDES Permit No. 11158-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 28,000 gallons per day. The facility is located 6102 Laramie
Street, east of the intersection of Old Humble Road and Laramie Street and
approximately 3,500 feet northeast of the intersection of U.S. Highway 59
and Old Humble Road in Harris County, Texas.
CYPRESS RANCH, LTD. has applied to the Texas Commission on Environmental
Quality (TCEQ) for a new permit, Proposed Permit No. 14368-001, to authorize
the disposal of treated domestic wastewater at a daily average flow not to
exceed 200,000 gallons per day via drip irrigation of 45.92 acres of public
access landscape. This permit will not authorize a discharge of pollutants
into waters in the State. The wastewater treatment facility will be located
approximately 6,000 feet northwest of the intersection of State Highway 71
and Reimers Ranch Road in Travis County, Texas. The disposal site will be
located 5,000 feet southwest of the intersection of State Highway 71 and Hazy
Hills Drive in Travis County, Texas.
CITY OF DENTON has applied for a major amendment to TPDES Permit No. 10027-003
to authorize a relocation of outfall. The current permit authorizes the land
application of sewage sludge for beneficial use on 357 acres, land application
of Class A sewage sludge for beneficial use, and marketing and distribution
of sludge. The facility is located east of the City of Denton along Pecan
Creek, approximately 5,700 feet east of State Highway 288 and 2 miles upstream
from Lewisville Lake in Denton County, Texas. The sludge treatment works are
located on the same site as the wastewater treatment facility and the sludge
disposal sites are located adjacent to and surrounding the wastewater treatment
facility.
CITY OF DETROIT has applied for a major amendment to TPDES Permit No. 10724-001
to authorize a change in effluent limitations based on the change of operations
from an existing extended aeration system to a facultative lagoon and stabilization
ponds system. The existing permitted daily average flow not to exceed 108,000
gallons per day remains unchanged. The facility is located approximately 1200
feet south of U.S. Highway 82, approximately one mile southeast of the intersection
of U.S. Highway 82 and Farm-to-Market Road 2573 in Red River County, Texas.
THE DOW CHEMICAL COMPANY which operates a brine production and hydrocarbon
storage facility, has applied for a new permit, proposed Texas Pollutant Discharge
Elimination System (TPDES) Permit No. 04429, to authorize the discharge of
storm water on an intermittent and flow variable basis via Outfalls 001 and
002. The facility is located northwest of Oyster Creek along County Road 226,
approximately one (1) mile west of FM 523, Brazoria County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 124 has applied for a renewal
of TPDES Permit No. 14314-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 400,000 gallons per day.
The facility is located approximately 16,000 feet southeast of the intersection
of Interstate Highway 10 and Buffalo Bayou in Fort Bend County, Texas.
GEORGIA-PACIFIC CORPORATION which operates the Cleveland Plywood Mill,
which manufactures plywood, dimensional lumber, sawdust, and pine bark, has
applied for a major amendment to TPDES Permit No. 02196 to authorize reuse
of treated process wastewaters (vehicle/equipment wash water and vat water)
for additional wet decking water; relocate Outfall 001; replace the chemical
oxygen demand effluent limitation with 5-day biochemical oxygen demand effluent
limitation via Outfall 001; discharge wet decking water from the expanded
log storage area via Outfall 001; remove the authorization to discharge treated
domestic wastewater via Outfalls 101 and 001; increase the total suspended
solids daily average effluent limitation from 20 mg/l to 45 mg/l or delete
the total suspended solids effluent limitations and delete effluent limitations
for 5-day biochemical oxygen demand via Outfall 101; delete the chlorine residual
effluent limitation and monitoring requirement via Outfall 101; delete the
phenols effluent limitation and monitoring requirement via Outfall 101; delete
internal Outfall 101; and clarify the discharge sampling location via Outfall
101. The current permit authorizes the discharge of storm water, utility wastewater,
lumber kiln condensate, drum debarker bearing water, and previously monitored
effluent on an intermittent and flow variable basis via Outfall 001; and the
discharge of treated domestic wastewater, utility wastewater, and process
wastewater at a daily maximum flow not to exceed 100,000 gallons per day via
Outfall 101. The facility is located at 12936 Farm-to-Market Road 787, approximately
one-mile northwest of Farm-to-Market Road 787, and approximately 10 miles
east of the City of Cleveland, Liberty County, Texas.
GREENWOOD UTILITY DISTRICT has applied for a renewal of TPDES Permit No.
11061- 001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 950,000 gallons per day. The facility
is located at 11702 Tidwell Road and approximately 1,000 feet west of the
intersection of John Raiston Road and Tidwell Road in Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 217 has applied to the Texas
Commission on Environmental Quality (TCEQ) for a major amendment to TPDES
Permit No. 14275-001 to authorize an increase in the discharge of water treatment
plant filter backwash water from a daily average flow not to exceed 10,000
gallons per day to a daily average flow not to exceed 40,000 gallons per day.
The facility is located approximately 1,200 feet east of the intersection
of Walters and Spears Roads, and 2.5 miles west of the intersection of Interstate
Highway 45 and Rankin Road in Harris County, Texas.
HUFFSMITH-KOHRVILLE, INC. has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. 14390-001, to authorize
the discharge of treated domestic wastewater at a daily average flow not to
exceed 60,000 gallons per day. The draft permit authorizes the discharge of
treated domestic wastewater at a daily average flow not to exceed 53,000 gallons
per day. The facility is located 1,750 feet west of Hufsmith Kohrville Road
and 3,960 feet north of Spring Cypress Road in Harris County, Texas.
ANA ARAUJO JOHNSON has applied for a renewal of TPDES Permit No. 11821-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 50,000 gallons per day. The facility is located approximately
1,000 feet southeast of the intersection of Aldine Westfield Road and Aldine
Mail Road, between Aldine Road and Isom Street in Harris County, Texas.
CARRIE GAIL RICHEY AND CHARLES WILLIAM RICHEY have applied to the Texas
Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. 14328-001, to authorize
the discharge of treated domestic wastewater at a daily average flow not to
exceed 20,000 gallons per day. The facility is located approximately 1.5 miles
north-northeast of the intersection of Farm-to-Market Road 2920 and Farm-to-Market
Road 2978 in Harris County, Texas.
ROYALWOOD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES
Permit No. 10608-002, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 260,000 gallons per day. The facility
is located immediately west of Uvalde Road approximately 6,500 feet south
of the intersection of Uvalde Road and U.S. Highway 90 in Harris County, Texas.
620 UTILITY CO., INC. has applied to the Texas Commission on Environmental
Quality (TCEQ) for a renewal of Permit No. 13953-001, which authorizes the
disposal of treated domestic wastewater at a daily average flow not to exceed
47,500 gallons per day via drip irrigation of 10.91 acres of non-public access
land. This permit will not authorize a discharge of pollutants into waters
in the State. The facility and disposal site are located at 14610 and 14610
1/2 Mansfield Dam Court, north of Farm-to-Market Road 620 approximately 0.4
mile north-northwest of Mansfield Dam in Travis County, Texas.
CITY OF SOUTHSIDE PLACE has applied for a renewal of TPDES Permit No. 10712-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 220,000 gallons per day. The facility is located at 3701
Bellaire Boulevard, approximately 1.5 miles east of the intersection of Interstate
Highway 610 and Bellaire Boulevard in Harris County, Texas.
SPRING CYPRESS WATER SUPPLY CORPORATION has applied for a renewal of TNRCC
Permit No. 13711-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 35,000 gallons per day. The facility
is located at 1442 spring Cypress Road, approximately 600 feet northeast of
the intersection of Interstate Highway 45 and Farm-to- Market Road 2920 (Spring
Cypress Road) in Harris County, Texas.
SUNBELT FRESH WATER SUPPLY DISTRICT has applied for a renewal of TPDES
Permit No. 10812-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 990,000 gallons per day. The facility
is located approximately 200 feet south of Aldine Mail Road between John F.
Kennedy Boulevard and Gloger Road in Harris County, Texas.
TEXAS GENCO, LP which operates the T.H. Wharton Electric Generating Station,
a steam electric station, has applied for a major amendment to TPDES Permit
No. 01039 to delete the authorization to discharge commingled wastewater from
the adjacent electric transmission and distribution facility now under new
ownership; delete current Outfall 001; renumber current internal Outfall 501
to Outfall 001; delete the upper chlorine residual effluent limitation via
Outfall 401; decrease the chlorine residual effluent limitations sampling
frequency via Outfall 401; supplement cooling pond water with raw groundwater;
revise the self-reporting submittal date; substitute DPD colorimetric testing
method in place of the amperometric titration method for free available and/or
total residual chlorine via Outfall 001; and increase the upper pH limitation
from 9.0 standard units to 9.5 standard units via Outfall 001. The current
permit authorizes the discharge of previously monitored effluents (PMEs) (cooling
tower blowdown, low volume wastes, metal cleaning wastes, treated domestic
wastewater and storm water from Outfall 501), storm water, flush water from
groundwater wells, and treated effluent from Reliant Energy Incorporated Permit
No. 13368-001 on a continuous and flow variable basis via Outfall 001; low
volume wastewater on an intermittent and flow variable basis via Outfall 101;
metal cleaning waste on an intermittent and flow variable basis via Outfall
201; low volume wastewater, storm water, and spill prevention and control
countermeasures sources on an intermittent and flow variable basis via Outfall
301; treated domestic wastewater on a flow variable basis via Outfall 401;
and cooling tower blowdown, PMEs from Outfalls 101, 201, 301, and 401 and
storm water at a daily average dry weather flow not to exceed 3,950,000 gallons
per day via Outfall 501. The facility is located at 16301 State Highway 249,
approximately 1000 feet south of the intersection of Mills Road and State
Highway 249, in the City of Houston, Harris County, Texas.
TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of Permit
No. 11220-001, which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 7,311 gallons per day via surface irrigation.
This permit will not authorize a discharge of pollutants into waters in the
State. The facility and disposal site are located in Cleburne State Park,
approximately 300 feet from the north shore of Cedar Lake in Cleburne State
Park and approximately 7,500 feet north-northwest of the junction of Park
Road 21 and Farm-to-Market Road 1434 in Johnson County, Texas.
TRD-200300051
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 7, 2003
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,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. 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
February 17, 2003
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on February 17, 2003
. 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 should be submitted to the commission in
writing
.
(1) COMPANY: D & K Development Corporation; DOCKET NUMBER: 2002-0523-MWD-E;
IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number
13518-001; LOCATION: Crowley, Tarrant County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), (4), and (11), §319.7,
TPDES Permit Number 13518- 001, Agreed Order Docket Number 2001-0029-MWD-E,
and the Code, §26.121, by failing to maintain permitted limits, to report
effluent violations, submit monthly effluent reports, failing to take all
reasonable steps to minimize or prevent any unauthorized discharge, and by
failing to maintain complete and accurate sludge manifests; PENALTY: $600;
ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.
(2) COMPANY: Dartco of Texas Limited Partnership; DOCKET NUMBER: 2002-1193-AIR-E;
IDENTIFIER: Air Account Number ED-0168-P; LOCATION: Waxahachie, Ellis County,
Texas; TYPE OF FACILITY: plastic products manufacturing; RULE VIOLATED: 30
TAC §122.14(2) and THSC, §382.085(b), by failing to submit an annual
certification of compliance; and 30 TAC §116.115(c) and THSC, §382.085(b),
by failing to label all emission points with emission point numbers; PENALTY:
$3,200; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Ellwood Texas Forge, L.P.; DOCKET NUMBER: 2002-1271-AIR-E;
IDENTIFIER: Air Account Number HX-2270-B; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: metal forging; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit an annual compliance certification;
and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit
a deviation report; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Catherine Sherman,
(713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(4) COMPANY: Hilcorp Energy Company; DOCKET NUMBER: 2002-0924-AIR-E; IDENTIFIER:
Air Account Number LH-0271-J; LOCATION: near Baytown, Liberty County, Texas;
TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §101.360(a)
and THSC, §382.085(b), by failing to certify and submit a level of activity
certification; PENALTY: $600; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512)
239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(5) COMPANY: National Stations, Inc.; DOCKET NUMBER: 2002-0631-PST-E; IDENTIFIER:
Petroleum Storage Tank (PST) Facility Identification Number 8496; LOCATION:
Plainview, Hale County, Texas; TYPE OF FACILITY: bulk plant with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.48(d), §334.51(b)(2)(A)
and (C), and the Code, §26.3475(c)(2), by failing to equip the fill pipes
with tight-fill fittings and install operable overfill prevention equipment;
30 TAC §334.48(f), §334.49(c)(2)(C), and the Code, §26.3475(d),
by failing to inspect the rectifier and other corrosion protection system
components; and 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a),
by failing to fully and accurately complete the self-certification and registration
forms; PENALTY: $6,375; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092;
REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806)
796-7092.
(6) COMPANY: J.F. Presley Oil Company; DOCKET NUMBER: 2002-1009-PST-E;
IDENTIFIER: Enforcement Identification Number 18147; LOCATION: Longview, Gregg
County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to ensure that the owner or operator had a valid, current delivery
certificate; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Carolyn Lind, (903)
535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903)
535-5100.
(7) COMPANY: Rhodia, Inc.; DOCKET NUMBER: 2002-0750-AIR-E; IDENTIFIER:
Air Account Number HG-0697-O; LOCATION: Houston, Harris County, Texas; TYPE
OF FACILITY: sulfuric acid manufacturing; RULE VIOLATED: THSC, §382.085(a)
and (b), by releasing unauthorized emissions of sulfur dioxide, sulfur trioxide,
hydrogen sulfide, butane, and propane and failing to have the time or duration
on the final records for upsets; 30 TAC §111.111(a)(1)(C) and THSC, §382.085(b),
by failing to have opacity records from the continuous emissions monitoring
system; 30 TAC §101.20(1) and (2), 40 Code of Federal Regulations §§60.113b(c)(1),
63.143(f), and 63.147(d), and THSC, §382.085(b), by failing to create
and submit an operating plan for vapor combustor and industrial control devices,
determine a range for the monitored temperature parameter that indicates proper
operation of the vapor combustor, and keep a record of the daily average value
for the temperature parameter; and 30 TAC §116.115(c), Permit Number
19283, and THSC, §382.085(b), by failing to conduct the Reich test daily;
PENALTY: $70,560; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Pablo Rubio dba Rubio Bro's; DOCKET NUMBER: 2002-1019-MSW-E;
IDENTIFIER: Municipal Solid Waste Unauthorized Site Number 455150048; LOCATION:
Brownsville, Cameron County, Texas; TYPE OF FACILITY: municipal solid waste;
RULE VIOLATED: 30 TAC §330.5, by failing to prevent the collection, storage,
transportation, processing, or disposal of municipal solid waste; PENALTY:
$2,500; ENFORCEMENT COORDINATOR: Sandra Hernandez, (956) 425-6010; REGIONAL
OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(9) COMPANY: City of Sanger; DOCKET NUMBER: 2002-0705-MWD-E; IDENTIFIER:
Water Quality Permit Number 10271-001; LOCATION: Sanger, Denton County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(2)
and the Code, §26.121, by failing to submit a permit renewal application;
PENALTY: $3,200; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Pulak Barua dba Sunshine Food Mart; DOCKET NUMBER: 2002-0516-PST-
E; IDENTIFIER: PST Facility Identification Numbers 0040023 and 0069326; LOCATION:
Kaufman, Kaufman County, Texas; TYPE OF FACILITY: gasoline retail station;
RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control;
30 TAC §334.49(c)(4)(C) and the Code, §26.3475, by failing to conduct
an operability test on a cathodic protection system; 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475, by failing to ensure that each tank is monitored
for releases; and 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a),
by failing to ensure that the underground storage tank registration and self-certification
form was accurately completed; PENALTY: $600; ENFORCEMENT COORDINATOR: Wendy
Cooper, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(11) COMPANY: Tecon Water Company, L.P. dba Tower Terrace, Simmons Shore,
Mill Creek Meadows Water System, Ridgecrest Subdivision Westview and Scenic
View Estates; DOCKET NUMBER: 2002-0730-PWS-E; IDENTIFIER: Public Water Supply
Numbers 0360069, 0910041, 0910080, 0910048, 0910035, and 1110039 and Certificate
of Convenience and Necessity Numbers 12530, 11363, and 11464; LOCATION: near
Baytown, Pottsboro, Granbury; Chambers, Grayson, and Hood Counties, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(iii)
and (iv), (D)(iv), and THSC, §341.0315(c), by failing to provide two
or more service pumps having a total capacity of two gallons per minute per
connection, provide an elevated storage capacity, and provide a pressure tank
capacity of 20 gallons per connection; 30 TAC §290.43(d)(2) and (3),
by failing to provide all pressure tanks with a pressure release device and
provide a device to readily determine air-water-volume; 30 TAC §290.41(c)(1)(F),
(3)(A), (M), and (O), by failing to secure a sanitary easement, provide a
well driller's log, provide a suitable sampling tap, and provide a properly
constructed intruder-resistant fence around the well site; 30 TAC §291.93(3)
and the Code, §13.139(d), by failing to submit a planning report; 30
TAC §290.121, by failing to provide a monitoring plan for bacteriological
sampling; and 30 TAC §290.46(f), (I), (m)(4), and (n)(2), by failing
to produce documentation of inspections for the ground storage tank, make
available a record of plumbing ordinance or service agreement with customers,
ensure that all water storage facilities, distribution system lines, and related
appurtenances are maintained in a watertight condition, and provide an accurate
and up-to-date map of the distribution system; PENALTY: $5,313; ENFORCEMENT
COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800 and 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Von's Establishment, Inc. dba Bob's Food Mart; DOCKET NUMBER:
2002- 0987-PST-E; IDENTIFIER: PST Facility Identification Number 0070609;
LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475, by failing to have a valid release detection
method; and 30 TAC §334.48(c), by failing to record inventory volume
measures and conduct reconciliation of detailed inventory control records;
PENALTY: $600; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200300042
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 7, 2003
Licensing Actions for Radioactive Materials
Licensing Actions for Radioactive Materials
TRD-200300039
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 7, 2003
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty against National Institute of Technology,
Inc. (registrant-R25596) of Houston. A total penalty of $10,000 is proposed
to be assessed the registrant for alleged violations of 25 Texas Administrative
Code, §289.232 and a Registration Condition.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200300040
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 7, 2003
The Deputy Administrator of the Drug Enforcement Administration (DEA) issued
a final rule rescheduling buprenorphine from a Schedule V narcotic to a Schedule
III narcotic under the Federal Controlled Substances Act (Act). Buprenorphine
is a semisynthetic opioid approved for the treatment of moderate to severe
pain and for the treatment of opiate addition. The Department of Health and
Human Services recommended DEA reevaluate buprenorphine's abuse potential
in light of numerous scientific studies and years of human experience. The
rescheduling action was based on the following.
(1) Buprenorphine has a potential for abuse less than the drugs or other
substances in Schedules I and II.
(2) Buprenorphine has a currently accepted medical use in treatment in
the United States.
(3) Abuse of buprenorphine may lead to moderate or low physical dependence
or high psychological dependence.
Pursuant to §481.034(g), as amended by the 75th legislature, of the
Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least
31 days have expired since notice of the above referenced action was published
in the Federal Register, and in my capacity as Commissioner of the Texas Department
of Health, I do hereby order that the substance buprenorphine be rescheduled
from Schedule V to Schedule III of the Act. Schedule III and Schedule V of
said Act are hereby amended as shown in the January, 2003 republication of
the Schedules of Controlled Substances.
TRD-200300037
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 7, 2003
PURSUANT TO THE TEXAS CONTROLLED SUBSTANCES ACT, HEALTH AND SAFETY CODE,
CHAPTER 481, THESE SCHEDULES, ESTABLISHED JANUARY 1, 2003, SUPERCEDE PREVIOUS
SCHEDULES AND CONTAIN THE MOST CURRENT VERSION OF THE SCHEDULES OF ALL CONTROLLED
SUBSTANCES FROM THE PREVIOUS SCHEDULES AND MODIFICATIONS.
Changes to the schedules are designated by an asterisk (*). Additional
information can be obtained by contacting the Texas Department of Health,
Bureau of Food and Drug Safety, 1100 West 49th Street, Austin, Texas 78756.
The telephone number is (512) 719-0237, and the website address is: http://www.tdh.state.tx.us/bfds/dmd
SCHEDULES
Nomenclature: Controlled substances listed in these schedules are included
by whatever official, common, usual, chemical, or trade name they may be designated.
SCHEDULE I
Schedule I consists of:
Schedule I opiates
the following opiates, including their isomers, esters, ethers, salts,
and salts of isomers, esters, and ethers, unless specifically excepted, if
the existence of these isomers, esters, ethers, and salts is possible within
the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl N-[1-(1-methyl-2-phenethyl)- 4-piperidinyl]-
N- phenylacetamide);
(2) Allylprodine;
(3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol,
levomethadyl acetate, or LAAM);
(4) Alpha-methylfentanyl or any other derivative of Fentanyl;
(5) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl]-N-
phenyl-propanamide);
(6) Benzethidine;
(7) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenyl-propanamide);
(8) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3- methyl-
4- piperidinyl]-N- phenylpropanamide);
(9) Betaprodine;
(10) Clonitazene;
(11) Diampromide;
(12) Diethylthiambutene;
(13) Difenoxin;
(14) Dimenoxadol;
(15) Dimethylthiambutene;
(16) Dioxaphetyl butyrate;
(17) Dipipanone;
(18) Ethylmethylthiambutene;
(19) Etonitazene;
(20) Etoxeridine;
(21) Furethidine;
(22) Hydroxypethidine;
(23) Ketobemidone;
(24) Levophenacylmorphan;
(25) Meprodine;
(26) Methadol;
(27) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide),
its optical and geometric isomers;
(28) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(29) Moramide;
(30) Morpheridine;
(31) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(32) Noracymethadol;
(33) Norlevorphanol;
(34) Normethadone;
(35) Norpipanone;
(36) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]-
propanamide);
(37) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(38) Phenadoxone;
(39) Phenampromide;
(40) Phencyclidine;
(41) Phenomorphan;
(42) Phenoperidine;
(43) Piritramide;
(44) Proheptazine;
(45) Properidine;
(46) Propiram;
(47) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);
(48) Tilidine; and
(49) Trimeperidine;
Schedule I opium derivatives
the following opium derivatives, their salts, isomers, and salts of isomers,
unless specifically excepted, if the existence of these salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except hydrochloride salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Monoacetylmorphine;
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(23) Pholcodine; and
(24) Thebacon;
Schedule I hallucinogenic substances
unless specifically excepted or unless listed in another schedule, a material,
compound, mixture, or preparation that contains any quantity of the following
hallucinogenic substances or that contains any of the substance's salts, isomers,
and salts of isomers if the existence of the salts, isomers, and salts of
isomers is possible within the specific chemical designation (for the purposes
of this Schedule I hallucinogenic substances section only, the term "isomer"
includes optical, position, and geometric isomers):
(1) Alpha-ethyltryptamine (some trade or other names: etryptamine; Monase;
alpha- ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET; AET);
(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5-
dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA);
(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other names: Nexus;
2C-B; 2- (4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB);
(4) 2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine;
2,5-DMA);
(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names: DOET);
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical
isomers, salts and salts of isomers;
(7) 5-methoxy-3,4-methylenedioxy-amphetamine;
(8) 4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha- methylphenethylamine;
paramethoxyamphetamine; PMA);
(9) 1-methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (MPTP);
(10) 4-methyl-2,5-dimethoxyamphetamine (some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methyl-phenethylamine;
"DOM"; and "STP");
(11) 3,4-methylenedioxy-amphetamine;
(12) 3,4-methylenedioxy-methamphetamine (MDMA, MDM);
(13) 3,4-methylenedioxy-N-ethylamphetamine (some trade or other names:
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE;
MDEA);
(14) 3,4,5-trimethoxy amphetamine;
(15) N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);
(16) Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5-
hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin;
5-hydroxy- N,N-dimethyltryptamine; mappine);
(17) Diethyltryptamine (some trade and other names: N,N-Diethyltryptamine;
DET);
(18) Dimethyltryptamine (some trade and other names: DMT);
(19) Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1-
phenylcyclohexylamine; (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)-ethylamine;
cyclohexamine; PCE);
(20) Ibogaine (some trade or other names: 7-Ethyl-6,6-beta, 7,8,9,10,12,13-octhydro-2-methoxy-6,9-methano-5H-pyrido[1',2':1,2]
azepino [5,4-b] indole; taber-nanthe iboga);
(21) Lysergic acid diethylamide;
(22) Marihuana;
(23) Mescaline;
*(24) N-ethyl-3-piperidyl benzilate;
(25) N-methyl-3-piperidyl benzilate;
(26) Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo
[b,d] pyran; Synhexyl);
(27) Peyote, unless unharvested and growing in its natural state, meaning
all parts of the plant classified botanically as
Lophophora
, whether growing or not, the seeds of the plant, an extract
from a part of the plant, and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or extracts;
(28) Psilocybin;
(29) Psilocin;
(30) Pyrrolidine analog of phencyclidine (some trade or other names: 1-(1-phenyl-
cyclohexyl)-pyrrolidine, PCPy, PHP);
(31) Tetrahydrocannabinols;
(32) Synthetic equivalents of the substances contained in the plant
(33) Thiophene analog of phencyclidine (some trade or other names: 1-[1-(2-thienyl)
cyclohexyl] piperidine; 2-thienyl analog of phencyclidine; TPCP);
(34) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (some trade or other names:
TCPy); and,
*(35) 1-(3-trifluoromethylphenyl) piperazine (other names:TFMPP), its optical
isomers, salts and salts of isomers.
Schedule I stimulants
unless specifically excepted or unless listed in another schedule, a material,
compound, mixture, or preparation that contains any quantity of the following
substances having a stimulant effect on the central nervous system, including
the substance's salts, isomers, and salts of isomers if the existence of the
salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(1) Aminorex (some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
4,5-dihydro- 5-phenyl-2-oxazolamine);
(2) Cathinone (some trade or other names: 2-amino-1-phenyl-1-propanone;
alpha- aminopropiophenone; 2-aminopropiophenone and norephedrone);
(3) Fenethylline;
(4) Methcathinone (some other names: 2-(methylamino)-propiophenone; alpha-
(methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone;
monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464;
AL-422; AL-463; and UR1432);
(5) 4-methylaminorex;
(6) N-ethylamphetamine; and
(7) N,N-dimethylamphetamine (some other names: N,N-alpha-trimethylbenzene-
ethaneamine; N,N-alpha-trimethylphenethylamine).
Schedule I depressants
unless specifically excepted or unless listed in another schedule, a material,
compound, mixture, or preparation that contains any quantity of the following
substances having a depressant effect on the central nervous system, including
the substance's salts, isomers, and salts of isomers if the existence of the
salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(1) Gamma-hydroxybutyric acid (some other names include GHB; gamma-hydroxybutyrate;
4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate)
(2) Mecloqualone; and
(3) Methaqualone.
SCHEDULE II
Schedule II consists of:
Schedule II substances, vegetable origin or chemical synthesis
the following substances, however produced, except those narcotic drugs
listed in other
schedules:
(1) Opium and opiate, and a salt, compound, derivative, or preparation
of opium or opiate, other than thebaine-derived butorphanol, naloxone and
its salts, naltrexone and its salts, and nalmefene and its salts, but including:
(1-1) Codeine;
(1-2) Dihydroetorphine;
(1-3) Ethylmorphine;
(1-4) Etorphine hydrochloride;
(1-5) Granulated opium;
(1-6) Hydrocodone;
(1-7) Hydromorphone;
(1-8) Metopon;
(1-9) Morphine;
(1-10) Opium extracts;
(1-11) Opium fluid extracts;
(1-12) Oxycodone;
(1-13) Oxymorphone;
(1-14) Powdered opium;
(1-15) Raw opium;
(1-16) Thebaine; and,
(1-17) Tincture of opium;
(2) a salt, compound, isomer, derivative, or preparation of a substance
that is chemically equivalent or identical to a substance described by Paragraph
(1) of Schedule II substances, vegetable origin or chemical synthesis, other
than the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Cocaine, including:
(4-1) its salts, its optical, position, and geometric isomers, and the
salts of those isomers; and,
(4-2) coca leaves and a salt, compound, derivative, or preparation of coca
leaves that is chemically equivalent or identical to a substance described
by this paragraph, other than decocainized coca leaves or extractions of coca
leaves that do not contain cocaine or ecgonine; and,
(5) Concentrate of poppy straw, meaning the crude extract of poppy straw
in liquid, solid, or powder form that contains the phenanthrene alkaloids
of the opium poppy;
Opiates
the following opiates, including their isomers, esters, ethers, salts,
and salts of isomers, if the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Carfentanil;
(6) Dextropropoxyphene, bulk (nondosage form);
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levo-alphacetylmethadol (some trade or other names: levo-alpha-acetylmethadol,
levomethadyl acetate, LAAM);
(12) Levomethorphan;
(13) Levorphanol;
(14) Metazocine;
(15) Methadone;
(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane;
(17) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenyl-propane-carboxylic
acid;
(18) Pethidine (meperidine);
(19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic
acid;
(22) Phenazocine;
(23) Piminodine;
(24) Racemethorphan;
(25) Racemorphan;
(26) Remifentanil; and
(27) Sufentanil;
Schedule II stimulants
unless listed in another schedule and except as provided by the Texas Controlled
Substances Act, Health and Safety Code, §481.033, a material, compound,
mixture, or preparation that contains any quantity of the following substances
having a potential for abuse associated with a stimulant effect on the central
nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) Methamphetamine, including its salts, optical isomers, and salts of
optical isomers;
(3) Methylphenidate and its salts; and,
(4) Phenmetrazine and its salts;
Schedule II depressants
unless listed in another schedule, a material, compound, mixture or preparation
that contains any quantity of the following substances having a depressant
effect on the central nervous system, including the substance's salts, isomers,
and salts of isomers if the existence of the salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) Amobarbital;
(2) Glutethimide;
(3) Pentobarbital; and,
(4) Secobarbital;
Schedule II hallucinogenic substances
Nabilone (Another name for nabilone: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,
10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]yran-9-one);
Schedule II precursors
unless specifically excepted or listed in another schedule, a material,
compound, mixture, or preparation that contains any quantity of the following
substances:
(1) Immediate precursor to methamphetamine:
(2) Phenylacetone and methylamine if possessed together with intent to
manufacture methamphetamine;
(3) Immediate precursor to amphetamine and methamphetamine:
(4) Phenylacetone (some trade or other names: phenyl-2-propanone; P2P;
benzyl methyl ketone; methyl benzyl ketone); and
(5) Immediate precursors to phencyclidine (PCP):
(6) 1-phenylcyclohexylamine; and,
(7) 1-piperidinocyclohexanecarbonitrile (PCC).
SCHEDULE III
Schedule III consists of:
Schedule III depressants
unless listed in another schedule and except as provided by the Texas Controlled
Substances Act, Health and Safety Code, §481.033, a material, compound,
mixture, or preparation that contains any quantity of the following substances
having a potential for abuse associated with a depressant effect on the central
nervous system:
(1) a compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any of their salts and one or more active medicinal ingredients
that are not listed in a schedule;
(2) a suppository dosage form containing amobarbital, secobarbital, pentobarbital,
or any of their salts and approved by the Food and Drug Administration for
marketing only as a suppository;
(3) a substance that contains any quantity of a derivative of barbituric
acid, or any salt of a derivative of barbituric acid, except those substances
that are specifically listed in other schedules;
(4) Chlorhexadol;
(5) Any drug product containing gamma hydroxybutyric acid, including its
salts, isoners, and salts of isomers, for which an application is approved
under §505 of the Federal Food Drug and Cosmetic Act:
(6) Ketamine, its salts, isomers, and salts of isomers. Some other names
for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(7) Lysergic acid;
(8) Lysergic acid amide;
(9) Methyprylon;
(10) Sulfondiethylmethane;
(11) Sulfonethylmethane;
(12) Sulfonmethane; and
(13) Tiletamine and zolazepam or any salt thereof. Some trade or other
names for a tiletamine-zolazepam combination product: Telazol. Some trade
or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
Some trade or other names for
zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethyl-pyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one,
flupyrazapon;
Nalorphine
Schedule III narcotics
unless specifically excepted or unless listed in another schedule:
(1) a material, compound, mixture, or preparation containing limited quantities
of any of the following narcotic drugs, or any of their salts:
(1-1) not more than 1.8 grams of codeine, or any of its salts, per 100
milliliters or not more than 90 milligrams per dosage unit, with an equal
or greater quantity of an isoquinoline alkaloid of opium;
(1-2) not more than 1.8 grams of codeine, or any of its salts, per 100
milliliters or not more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
(1-3) not more than 300 milligrams of dihydrocodeinone (hydrocodone), or
any of its salts, per 100 milliliters or not more than 15 milligrams per dosage
unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
(1-4) not more than 300 milligrams of dihydrocodeinone (hydrocodone), or
any of its salts, per 100 milliliters or not more than 15 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in recognized therapeutic
amounts;
(1-5) not more than 1.8 grams of dihydrocodeine, or any of its salts, per
100 milliliters or not more than 90 milligrams per dosage unit, with one or
more active, nonnarcotic
ingredients in recognized therapeutic amounts;
(1-6) not more than 300 milligrams of ethylmorphine, or any of its salts,
per 100 milliliters or not more than 15 milligrams per dosage unit, with one
or more active, non-narcotic ingredients in recognized therapeutic amounts;
(1-7) not more than 500 milligrams of opium per 100 milliliters or per
100 grams, or not more than 25 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts; and,
(1-8) not more than 50 milligrams of morphine, or any of its salts, per
100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts;
*(2) any material, compound, mixture, or preparation containing any of
the following narcotic drugs or their salts:
*(2-1) Buprenorphine
Schedule III stimulants
unless listed in another schedule, a material, compound, mixture or preparation
that contains any quantity of the following substances having a stimulant
effect on the central nervous system, including the substance's salts, optical,
position, or geometric isomers, and salts of the substance's isomers, if the
existence of the salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(1) Benzphetamine;
(2) Chlorphentermine;
(3) Clortermine; and,
(4) Phendimetrazine;
Schedule III anabolic steroids and hormones
anabolic steroids, including any drug or hormonal substance, chemically
and pharmacologically related to testosterone (other than estrogens, progestins,
and corticosteroids) that promotes muscle growth, and includes the following:
(1) Boldenone;
(2) Chlorotestosterone (4-chlortestosterone);
(3) Clostebol;
(4) Dehydrochlormethyltestosterone;
(5) Dihydrotestosterone (4-dihydrotestosterone);
(6) Drostanolone;
(7) Ethylestrenol;
(8) Fluoxymesterone;
(9) Formebolone;
(10) Mesterolone;
(11) Methandienone;
(12) Methandranone;
(13) Methandriol;
(14) Methandrostenolone;
(15) Methenolone;
(16) Methyltestosterone;
(17) Mibolerone;
(18) Nandrolone;
(19) Norethandrolone;
(20) Oxandrolone;
(21) Oxymesterone;
(22) Oxymetholone;
(23) Stanolone;
(24) Stanozolol;
(25) Testolactone;
(26) Testosterone; and
(27) Trenbolone.
Schedule III hallucinogenic substances
Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin
capsule in U.S. Food and Drug Administration approved drug product. (Some
other names for dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-tri-methyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol,
or (-)-delta-9-(trans)-tetrahydrocannabinol).
SCHEDULE IV
Schedule IV consists of:
Schedule IV depressants
except as provided by the Texas Controlled Substances Act, Health and Safety
Code, §481.033, a material, compound, mixture, or preparation that contains
any quantity of the following substances having a potential for abuse associated
with a depressant effect on the central nervous system:
(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Camazepam;
(5) Chloral betaine;
(6) Chloral hydrate;
(7) Chlordiazepoxide;
(8) Clobazam;
(9) Clonazepam;
(10) Clorazepate;
(11) Clotiazepam;
(12) Cloxazolam;
(13) Delorazepam;
(14) Diazepam;
(15) Dichloralphenazone;
(16) Estazolam;
(17) Ethchlorvynol;
(18) Ethinamate;
(19) Ethyl loflazepate;
(20) Fludiazepam;
(21) Flunitrazepam;
(22) Flurazepam;
(23) Halazepam;
(24) Haloxazolam;
(25) Ketazolam;
(26) Loprazolam;
(27) Lorazepam;
(28) Lormetazepam;
(29) Mebutamate;
(30) Medazepam;
(31) Meprobamate;
(32) Methohexital;
(33) Methylphenobarbital (mephobarbital);
(34) Midazolam;
(35) Nimetazepam;
(36) Nitrazepam;
(37) Nordiazepam;
(38) Oxazepam;
(39) Oxazolam;
(40) Paraldehyde;
(41) Petrichloral;
(42) Phenobarbital;
(43) Pinazepam;
(44) Prazepam;
(45) Quazepam;
(46) Temazepam;
(47) Tetrazepam;
(48) Triazolam;
(49) Zaleplon: and
(50) Zolpidem;
Schedule IV stimulants
unless listed in another schedule, a material, compound, mixture, or preparation
that contains any quantity of the following substances having a stimulant
effect on the central nervous system, including the substance's salts, optical,
position, or geometric isomers, and salts of those isomers if the existence
of the salts, isomers, and salts of isomers is possible within the specific
chemical designation:
(1) Cathine [(+)-norpseudoephedrine];
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenfluramine;
(5) Fenproporex;
(6) Mazindol;
(7) Mefenorex;
(8) Modafinil;
(9) Pemoline (including organometallic complexes and their chelates);
(10) Phentermine;
(11) Pipradrol;
(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]; and
(13) Sibutramine
Schedule IV narcotics
unless specifically excepted or unless listed in another schedule, a material,
compound, mixture, or preparation containing limited quantities of the following
narcotic drugs or their salts:
(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms
of atropine sulfate per dosage unit; and
(2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-
propionoxybutane).
Schedule IV other substances
unless specifically excepted or unless listed in another schedule, a material,
compound, mixture, or preparation that contains any quantity of the following
substances, including the substance's salts:
(1) Butorphanol, including its optical isomers; and,
(2) Pentazocine, its salts, derivatives, compounds, or mixtures.
SCHEDULE V
Schedule V consists of:
Schedule V narcotics containing non-narcotic active medicinal ingredients
a compound, mixture, or preparation containing limited quantities of any
of the following narcotic drugs that also contain one or more nonnarcotic
active medicinal ingredients in sufficient proportion to confer on the compound,
mixture or preparation valuable medicinal qualities other than those possessed
by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine, or any of its salts, per 100
milliliters or per 100grams;
(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts,
per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine, or any of its salts,
per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25
micrograms of atropine sulfate per dosage unit;
(5) Not more than 15 milligrams of opium per 29.5729 milliliters or per
28.35 grams; and,
(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms
of atropine sulfate per dosage unit;
Schedule V stimulants
unless specifically exempted or excluded or unless listed in another schedule,
a compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including
its salts, isomers and salts of isomers:
Pyrovalerone.
TRD-200300038
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 7, 2003
Notice of Rate Hearing
A rate hearing on Reimbursement for Service Coordination for Persons with
Chronic Mental Illness (MH Service Coordination) and Reimbursement for Service
Coordination for Persons with Mental Retardation or a Related Condition or
Pervasive Developmental Disability (MR Service Coordination) was held on December
16, 2002, at 2:00 p.m. in the Public Hearing Room of the Texas Health and
Human Services Commission Riata Building III located at 1255 Riata Vista Circle,
Austin Texas 78727.
Reimbursement for Service Coordination for Persons with Chronic Mental
Illness (MH Service Coordination)
The commission proposed that the following reimbursement per case amount
remain effective January 1, 2003.
Mental Health Child
Unit of service: case rate $142.17
Mental Health Adult
Unit of service: case rate $112.53
Reimbursement for Service Coordination for Persons with Mental Retardation
or a Related Condition or Pervasive Developmental Disability (MR Service Coordination)
The commission proposed that the following reimbursement per case amount
remain effective January 1, 2003.
Mental Retardation
Unit of service: case rate $ 177.36
Mental Retardation - MRLA
Unit of service: case rate $ 231.87
The proposed rates were determined in compliance with the rate setting
methodology codified at 1 T.A.C. ch 355, subch. F. 355.743 and 355.746.
Comments
The Health and Human Services Commission received no comments.
TRD-200300057
Steve Aragon
General Counsel
Texas Health and Human Services Commission
Filed: January 8, 2003
Request for Proposals (RFP) 2003-2004 Grants Program Title II - Teacher Quality Grants Program No Child Left Behind Act of 2002 (P.L. 107-110)
Approximately $5.5 million will be available to support K-12 teachers and
other staff in gaining access to professional development in mathematics,
science, and reading during 2003-2004.
Funds will be competitively distributed in Texas under the Coordinating
Board's Teacher Quality Grants Program. The Teacher Quality Grants Program
was most recently reauthorized in Title II of the NO CHILD LEFT BEHIND Act
of 2002. Proposals for funding must be submitted by February 28, 2003 to the
Texas Higher Education Coordinating Board. Information and selected on-line
application materials are available at www.thecb.state.tx.us Complete hard
copy applications will be available after January 15, 2003.
The Teacher Quality Grants Program is designed to support training and
retraining of elementary and secondary teachers and other staff in mathematics,
science, and reading. Approximately 60-70 grants of up to $80,000 will be
made to support collaborative programs between higher education institutions
and local school districts in the areas of mathematics, science, and reading.
The Board will approve recommendations for 2003 - 2004 awards at its April
24-25, 2003 meeting. Projects are funded under this application for 17 months
and must be completed by September 30, 2004.
All public and private colleges and universities and non-profit organizations
of proven effectiveness in educating mathematics, science, and reading teachers
are eligible to apply for grants under the Teacher Quality Grants Program.
For information, contact the Teacher Quality Grants office at (512) 427-6318.
TRD-200300052
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: January 7, 2003
2003 Low Income Housing Tax Credit Program - Notice of Meetings Schedule for Clarification of 2003 Cycle Applications
The Texas Department of Housing and Community Affairs (the "Department")
is committed to making the 2003 Low Income Housing Tax Credit Program allocation
a better, more transparent process. Therefore, the Department will be hosting
a series of meetings for 2003 cycle applicants.
The focus of these meetings is to provide Director-level clarification
to any specific requests for additional information that have been made by
the Department concerning specific applications. These meetings are open to
the public and will allow for public discussion with key members of the Department
staff without violating the Ex Parte Communications prohibition, Texas Government
Code, Section 2306.113. The schedule of these meetings is provided below:
Friday, February 14, 2003 at 10:00 a.m., 4th Floor Board Room, 507 Sabine,
Austin
Friday, February 28, 2003 at 10:00 a.m., 4th Floor Board Room, 507 Sabine,
Austin
Friday, March 14, 2003 at 10:00 a.m., 4th Floor Board Room, 507 Sabine,
Austin
Friday, March 28, 2003 at 10:00 a.m., 4th Floor Board Room, 507 Sabine,
Austin
Friday, April 11, 2003 at 10:00 a.m., 4th Floor Board Room, 507 Sabine,
Austin
Friday, April 25, 2003 at 10:00 a.m., 4th Floor Board Room, 507 Sabine,
Austin
Friday, May 09, 2003 at 10:00 a.m., 4th Floor Board Room, 507 Sabine, Austin
Friday, May 23, 2003 at 10:00 a.m., 4th Floor Board Room, 507 Sabine, Austin
Friday, June 06, 2003 at 10:00 a.m., 4th Floor Board Room, 507 Sabine,
Austin
Friday, June 20, 2003 at 10:00 a.m., 4th Floor Board Room, 507 Sabine,
Austin
Friday, July 11, 2003 at 10:00 a.m., 4th Floor Board Room, 507 Sabine,
Austin
Individuals who require auxiliary aids or services for the public hearings
should contact Gina Esteves ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1 (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
If you have any questions regarding these meetings, please contact Jennifer
Joyce, Program Analyst for the LIHTC Program at (512) 475-3995 or visit our
web site at: www.tdhca.state.tx.us.
TRD-200300059
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 8, 2003
Public Notice
Notification of Extension of Public Comment Period
for Amendment #190
to the 2002-2004 Transportation Improvement Program
(TIP)
A public meeting was held at the Houston-Galveston Area Council (H-GAC)
on Tuesday, December 17, 2002 to discuss proposed amendments to the 2002-2004
TIP. Based on the public comments received at the meeting, H-GAC is extending
the public comment period for proposed amendment #190 to
February 5, 2003.
This amendment would allow the Texas Department of Transportation (TxDOT)
to begin right-of-way activities including right-of-way mapping and acquisition,
utilities adjustments and relocation assistance for various roadway projects
included in the 2022 Metropolitan Transportation Plan (MTP). Each project
is shown with $1 of federal funding. The actual funding for the projects will
be determined as project development progresses. This action simply allows
TxDOT the ability to engage in right-of-way activities for the projects listed
in the amendment.
To obtain a copy of the proposed amendment, please visit H-GAC's Web site
at
www.hgac.cog.tx.us/transportation/index.html,
or call Pat Waskowiak, Transportation Senior Planner, at (713) 993-2456.
Written comments may be submitted to Pat Waskowiak, Houston-Galveston Area
Council, P.O. Box 22777, Houston, Texas 77227, emailed to pwaskowiak@hgac.cog.tx.us
or faxed to (713) 993-4508.
TRD-200300027
Alan Clark
MPO Director
Houston-Galveston Area Council
Filed: January 6, 2003
Company Licensing
Application for incorporation to the State of Texas by ENCOMPASS TEXAS
LLOYD’S, a domestic Lloyds/Reciprocal. The home office is in Irving,
Texas.
Application for admission to the State of Texas by PEERLESS INDEMNITY INSURANCE
COMPANY, a foreign fire and/or casualty company. The home office is in Lisle,
Illinois.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701.
TRD-200300061
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 8, 2003
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of Paychex Agency, Inc., a foreign third
party administrator. The home office is Rochester, New York.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-200300003
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: January 2, 2003
Instant Game No. 330 "Bucks N' Trucks II"
1.0 Name and Style of Game.
A. The name of Instant Game No. 330 is "BUCKS N' TRUCKS II". The play style
is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 330 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 330.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible 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, $2.00, $4.00,
$5.00, $10.00, $20.00, $50.00, $100, $200, $1,000, TRUCK SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a four
(4) digit security number which will be boxed and placed randomly within the
Serial Number. The remaining nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $8.00, $10.00, $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, $200.
I. High-Tier Prize - A prize of $1,000 or a 2003 Ford F150 Supercab XLT.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (330), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 330-0000001-000.
L. Pack - A pack of "BUCKS N' TRUCKS II" Instant Game tickets contain 250
tickets, which are packed in plastic shrink-wrapping and fanfolded in pages
of two (2). Tickets 000-001 will be on the top page; tickets 002 and 003 on
the next page and so on, and tickets 248 and 249 will be on the last page.
Please note the books will be in an A - B configuration.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BUCKS
N' TRUCKS II" Instant Game No. 330 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 "BUCKS N'
TRUCKS II" Instant Game is determined once the latex on the ticket is scratched
off to expose 22 (twenty-two) play symbols. If any of the player's YOUR NUMBERS
symbols match either LUCKY NUMBER, the player will win the prize shown for
that number. If the player's YOUR NUMBER shown with a truck symbol matches
either LUCKY NUMBER, the player will win a 2003 Ford F150 Supercab XLT pickup
truck. 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,
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;
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 will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Numbers play symbols on a ticket.
C. No duplicate Lucky Numbers play symbols on a ticket.
D. No more than one pair of duplicate non-winning prize symbols on a ticket.
E. The "truck symbol" will only appear according to the prize structure
and will never appear more than once on a ticket.
F. No prize amount in a non-winning spot will correspond with the Your
Number play symbol (i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "BUCKS N' TRUCKS II" Instant Game prize of $2.00, $4.00,
$8.00, $10.00, $20.00, $50.00, $100, or $200, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100, or $200 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "BUCKS N' TRUCKS II" Instant Game prize of $1,000, the claimant
must sign the winning ticket and present it at one of the Texas Lottery's
Claim Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or more,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. To claim the top prize of a 2003 Ford F150 Supercab XLT pickup truck,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and present both at any Texas Lottery Claim Center. The claimant must also
present a valid driver's license and proof of automobile liability insurance.
If the claim is validated by the Texas Lottery and the claimant presents a
valid driver's license and proof of automobile liability insurance, the claimant
will be asked to designate a specific date and time, within 30 (thirty) business
days of the initial visit, to return to the Texas Lottery Claim Center to
be awarded the truck. The claimant must return to the Claim Center at the
pre-scheduled time. Any costs incurred to take possession of the truck shall
be the responsibility of the prizewinner. When awarding the top non-cash prize,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall pay the federal income tax at a rate
set by the IRS for withholding, if required.
D. As an alternative method of claiming a "BUCKS N' TRUCKS II" Instant
Game cash 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.
E. 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 Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
F. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "BUCKS N'
TRUCKS II" 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 "BUCKS N' TRUCKS II" 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 Per Texas Government Code, Chapter 466, Section 466.405(c), if a person
under the age of 18 years is entitled to a non-cash prize from the "BUCKS
N' TRUCKS II" Instant Game, the Texas Lottery shall pay the cash equivalent
of the prize to an adult member of the minor's family or the minor's guardian
as custodian for the minor. Payment of the cash equivalent of a prize other
than prize money shall be made as a direct payment to the minor by depositing
the amount of the prize in any bank to the credit of an adult member of the
minor's family or of the minor's guardian as custodian for the minor.
2.8 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. 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.
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 therefor, 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 therefor, 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 therefor.
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 15,185,500
tickets in the Instant Game No. 330. 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.
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. 330 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. 330,
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-200300001
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 2, 2003
1.0 Name and Style of Game.
A. The name of Instant Game No. 334 is "5 TIMES THE MONEY". The play style
is "key number match with doubler and 5X win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 334 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 334.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible 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, $1.00, $2.00, $4.00, $5.00,
$10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000, $50,000,
MONEY BAG SYMBOL, 5X SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00, $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, $200, $500.
I. High-Tier Prize - A prize of $1,000, $5,000, $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (334), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 074 within
each pack. The format will be: 334-0000001-000.
L. Pack - A pack of "5 TIMES THE MONEY" Instant Game tickets contain 75
tickets, which are packed in plastic shrink-wrapping and fanfolded in pages
of one (1). The packs will alternate. One will show the front of ticket 000
and back of 074, while the other fold will show the back of ticket 000 and
front of 074.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "5
TIMES THE MONEY" Instant Game No. 334 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 "5 TIMES
THE MONEY" Instant Game is determined once the latex on the ticket is scratched
off to expose 43 (forty-three) play symbols. If the player matches any of
the YOUR NUMBERS to any of the WINNING NUMBERS, the player will win the prize
shown for that number. If the player gets a money bag symbol the player will
win double the amount shown. If the player gets a 5X symbol the player will
win five times the amount shown. 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 43 (forty-three) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
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;
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 43 (forty-three)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 43 (forty-three) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 43 (forty-three) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No 3 or more like non-winning prize symbols.
C. No duplicate non-winning Your Number play symbols.
D. No duplicate Winning Number play symbols.
E. No prize amount in a non-winning spot will correspond with the Your
Number play symbol (i.e. 5 and $5).
F. Non-winning prize symbols will never be the same as the winning prize
symbol(s).
G. The doubler symbol will appear according to the prize structure.
H. The 5X symbol will appear according to the prize structure.
I. The doubler symbol and the 5X symbol will never appear more than once
on a ticket and they will never appear together on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "5 TIMES THE MONEY" Instant Game prize of $5.00, $10.00,
$15.00, $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, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, 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 2.3.C of these Game Procedures.
B. To claim a "5 TIMES THE MONEY" Instant Game prize of $1,000, $5,000,
or $50,000, the claimant must sign the winning ticket and present it at one
of the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "5 TIMES THE MONEY" Instant Game
prize, the claimant must sign the winning ticket, thoroughly complete a claim
form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource 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 "5 TIMES THE
MONEY" Instant Game, the Texas Lottery shall deliver to an adult member of
the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "5 TIMES THE MONEY" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. 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.
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 therefor, 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 therefor, 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 therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,127,075
tickets in the Instant Game No. 334. 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.
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. 334 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. 334,
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-200208593
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: December 31, 2002
1.0 Name and Style of Game.
A. The name of Instant Game No. 340 is "TRIPLE CASH STAMPEDE". The play
style is a "match 3 with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 340 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 340.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: $1.00, $2.00, $5.00,
$10.00, $25.00, $100, $1,000, $3,000, and BULL'S HEAD SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a four
(4) digit security number which will be boxed and placed randomly within the
Serial Number. The remaining nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $10.00, or $15.00.
H. Mid-Tier Prize - A prize of $25.00, $30.00, $75.00, $100, or $300.
I. High-Tier Prize - A prize of $1,000 or $3,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (340), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 340-0000001-000.
L. Pack - A pack of "TRIPLE CASH STAMPEDE" Instant Game tickets contain
250 tickets, which are packed in plastic shrink-wrapping and fanfolded in
pages of five (5). Tickets 000 to 004 will be on the top page, tickets 005
to 009 will be on the next page, and so forth, and tickets 245 to 249 on the
last page. Tickets 000 and 249 will be folded down to expose the pack-ticket
number through the shrink-wrap. .
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TRIPLE
CASH STAMPEDE" Instant Game No. 340 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "TRIPLE
CASH STAMPEDE" Instant Game is determined once the latex on the ticket is
scratched off to expose nine (9) play symbols. If the player gets three (3)
like amounts, the player will win that amount. If the player gets two (2)
like amounts plus a bull's head symbol the player will win triple that amount.
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 nine (9) 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,
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;
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 nine (9)
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 nine (9) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the nine (9) Play Symbols on the ticket must be printed in
the Symbol font and must correspond precisely to the artwork on file at the
Texas Lottery; the ticket Serial Numbers must be printed in the Serial font
and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No four or more like play symbols on a ticket.
C. No more than 2 pairs of like play symbols on a ticket.
D. The tripler symbol will appear according to the prize structure and
will only appear once on a ticket.
E. When the tripler symbol appears on a winning ticket, there will be no
more than two like play symbols.
2.3 Procedure for Claiming Prizes.
A. To claim a "TRIPLE CASH STAMPEDE" Instant Game prize of $1.00, $2.00,
$3.00, $5.00, $10.00, $15.00, $25.00, $30.00, $75.00, $100, or $300, a claimant
shall sign the back of the ticket in the space designated on the ticket and
present the winning ticket to any Texas Lottery Retailer. The Texas Lottery
Retailer shall verify the claim and, if valid, and upon presentation of proper
identification, make payment of the amount due the claimant and physically
void the ticket; provided that the Texas Lottery Retailer may, but is not,
in some cases, required to pay a $75.00, $100, or $300 ticket. In the event
the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer
shall provide the claimant with a claim form and instruct the claimant on
how to file a claim with the Texas Lottery. If the claim is validated by the
Texas Lottery, a check shall be forwarded to the claimant in the amount due.
In the event the claim is not validated, the claim shall be denied and the
claimant shall be notified promptly. A claimant may also claim any of the
above prizes under the procedure described in Section 2.3.B and 2.3.C of these
Game Procedures.
B. To claim a "TRIPLE CASH STAMPEDE" Instant Game prize of $1,000 or $3,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment
will be made to the bearer of the validated winning ticket for that prize
upon presentation of proper identification. When paying a prize of $600 or
more, the Texas Lottery shall file the appropriate income reporting form with
the Internal Revenue Service (IRS) and shall withhold federal income tax at
a rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "TRIPLE CASH STAMPEDE" 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 Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "TRIPLE CASH
STAMPEDE" Instant Game, the Texas Lottery shall deliver to an adult member
of the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "TRIPLE CASH STAMPEDE" 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. 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.
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 therefor, 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 therefor, 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 therefor.
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 12,212,250
tickets in the Instant Game No. 340. 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.
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. 340 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. 340,
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-200300009
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 3, 2003
1.0 Name and Style of Game.
A. The name of Instant Game No. 342 is "GIANT JUMBO BUCKS". The play style
is a "match key number with 5 time win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 342 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 342.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible 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, $1.00, $2.00, $4.00, $5.00,
$10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000, $50,000,
and JUMBO.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are: Table 2 of this section.
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a four
(4) digit security number which will be boxed and placed randomly within the
Serial Number. The remaining nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, or $500.
I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (342), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 074 within
each pack. The format will be: 342-0000001-000.
L. Pack - A pack of "GIANT JUMBO BUCKS" Instant Game tickets contain 75
tickets, which are packed in plastic shrink-wrapping and fanfolded in pages
of one (1). The packs will alternate. One will show the front of ticket 000
and back of 074, while the other fold will show the back of ticket 000 and
front of 074.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "GIANT
JUMBO BUCKS" Instant Game No. 342 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 "GIANT JUMBO
BUCKS" Instant Game is determined once the latex on the ticket is scratched
off to expose 44 (forty-four) play symbols. If the player matches any of YOUR
NUMBERS to any of the four SERIAL NUMBERS, the player will win the prize shown
for that number. If the player gets a JUMBO symbol, the player will win five
(5) times that prize. No portion of the display printing nor any extraneous
matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 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,
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;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 44 (forty-four)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 44 (forty-four) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 44 (forty-four) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Number play symbols on a ticket.
C. There will be no duplicate Serial Number symbols on a ticket.
D. The multiplier symbol will never appear more than once on a ticket.
E. The multiplier symbol will appear only on intended winning tickets as
dictated by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "GIANT JUMBO BUCKS" 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, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, 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 2.3.C of these Game Procedures.
B. To claim a "GIANT JUMBO BUCKS" Instant Game prize of $1,000, $5,000
or $50,000, the claimant must sign the winning ticket and present it at one
of the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a "GIANT JUMBO BUCKS" 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 Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource 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 "GIANT JUMBO
BUCKS" 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 "GIANT JUMBO BUCKS" 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. 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.
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 therefor, 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 therefor, 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 therefor.
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 6,111,750
tickets in the Instant Game No. 342. 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.
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. 342 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. 342,
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-200300010
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 3, 2003
1.0 Name and Style of Game.
A. The name of Instant Game No. 343 is "CHIPS & SALSA". The play style
is a "beat score".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 343 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 343.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100,
$1,000.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a four
(4) digit security number which will be boxed and placed randomly within the
Serial Number. The remaining nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $40.00 or $100.
I. High-Tier Prize - A prize of $1,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (343), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 343-0000001-000.
L. Pack - A pack of "CHIPS & SALSA" Instant Game tickets contain 250
tickets, which are packed in plastic shrink-wrapping and fanfolded in pages
of five (5). Tickets 000 to 004 will be on the top page, tickets 005 to 009
will be on the next page, and so forth, and tickets 245 to 249 will be on
the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket
number through the shrink-wrap.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CHIPS &
SALSA" Instant Game No. 343 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 "CHIPS &
SALSA" Instant Game is determined once the latex on the ticket is scratched
off to expose 12 (twelve) play symbols. If any of the player's YOUR NUMBER
OF CHIPS is higher than the THEIR NUMBER OF CHIPS, the player will win the
prize shown. No portion of the display printing nor any extraneous matter
whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 12 (twelve) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
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;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 12 (twelve)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 12 (twelve) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 12 (twelve) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning Your Numbers on a ticket.
C. No duplicate non-winning Their Numbers on a ticket.
D. No duplicate non-winning prize symbols on a ticket.
E. No ties between Yours and Their in a row.
2.3 Procedure for Claiming Prizes.
A. To claim a "CHIPS & SALSA" Instant Game prize of $1.00, $2.00, $4.00,
$5.00, $10.00, $20.00, $40.00, or $100, a claimant shall sign the back of
the ticket in the space designated on the ticket and present the winning ticket
to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the
claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $100 ticket. In the event the Texas Lottery Retailer cannot verify the
claim, the Texas Lottery Retailer shall provide the claimant with a claim
form and instruct the claimant on how to file a claim with the Texas Lottery.
If the claim is validated by the Texas Lottery, a check shall be forwarded
to the claimant in the amount due. In the event the claim is not validated,
the claim shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described in Section
2.3.B and 2.3.C of these Game Procedures.
B. To claim a "CHIPS & SALSA" Instant Game prize of $1,000, the claimant
must sign the winning ticket and present it at one of the Texas Lottery's
Claim Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or more,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "CHIPS & SALSA" 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 Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource 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 "CHIPS &
SALSA" 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 "CHIPS & SALSA" 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. 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.
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 therefor, 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 therefor, 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 therefor.
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 12,116,750
tickets in the Instant Game No. 343. 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.
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. 343 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. 343,
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-200300033
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 7, 2003
1.0 Name and Style of Game.
A. The name of Instant Game No. 344 is "EASY 8'S". The play style is a
"key symbol match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 344 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 344.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7,
8, 9, $1.00, $2.00, $3.00, $4.00, $5.00, $8.00, $10.00, $18.00, $48.00, $88.00,
$188, $800.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a four
(4) digit security number which will be boxed and placed randomly within the
Serial Number. The remaining nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $4.00, $5.00, $8.00,
$10.00, or $18.00.
H. Mid-Tier Prize - A prize of $48.00, $88.00, or $188.
I. High-Tier Prize - A prize of $800.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (344), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 344-0000001-000.
L. Pack - A pack of "EASY 8'S" Instant Game tickets contain 250 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of five
(5). Tickets 000 to 004 will be on the top page, tickets 005 to 009 will be
on the next page, and so forth, and tickets 245 to 249 will be on the last
page. Tickets 000 and 249 will be folded down to expose the pack-ticket number
through the shrink-wrap.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "EASY
8'S" Instant Game No. 344 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 "EASY 8'S"
Instant Game is determined once the latex on the ticket is scratched off to
expose 12 (twelve) play symbols. If the player gets an "8" in any spot in
the play area, the player will win the prize shown below that "8". No portion
of the display printing nor any extraneous matter whatsoever shall be usable
or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 12 (twelve) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
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;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 12 (twelve)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 12 (twelve) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 12 (twelve) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning play symbols on a ticket.
C. No duplicate non-winning prize symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "EASY 8'S" Instant Game prize of $1.00, $2.00, $3.00, $4.00,
$5.00, $8.00, $10.00, $18.00, $48.00, $88.00, or $188, 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,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $48.00, $88.00, or $188 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 2.3.C of these Game Procedures.
B. To claim a "EASY 8'S" Instant Game prize of $800, 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 "EASY 8'S" Instant Game prize,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource 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 "EASY 8'S"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "EASY 8'S" Instant Game, the Texas Lottery shall deposit
the amount of the prize in a custodial bank account, with an adult member
of the minor's family or the minor's guardian serving as custodian for the
minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. 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.
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 therefor, 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 therefor, 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 therefor.
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 14,927,500
tickets in the Instant Game No. 344. 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.
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. 344 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. 344,
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-200300034
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 7, 2003
1.0 Name and Style of Game.
A. The name of Instant Game No. 364 is "BINGO". The play style is "bingo".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 364 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 364.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: B01, B02, B03, B04,
B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19,
I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34,
N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49,
G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64,
O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05,
06, 07, 08, 09, 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, 41, 42, 43,
44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62,
63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, and FREE.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $10.00, $15.00, or
$20.00.
H. Mid-Tier Prize - A prize of $30.00, $50.00, $100, or $500.
I. High-Tier Prize - A prize of $1,000 or $25,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (364), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 124 within
each pack. The format will be: 364-0000001-000.
L. Pack - A pack of "BINGO" Instant Game tickets contain 125 tickets, which
are packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket
000 will be shown on the front of the pack; the back of ticket 124 will be
revealed on the back of the pack. Every other book will reverse i.e., the
back of ticket 000 will be shown on the front of the pack and the front of
ticket 124 will be shown on the back of the pack.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BINGO"
Instant Game No. 364 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 "BINGO"
Instant Game is determined once the latex on the ticket is scratched off to
expose 131 (one hundred thirty-one) play symbols. The player must scratch
off the Caller's Card area to reveal 25 (twenty-five) Bingo Numbers and five
(5) Bonus Numbers. The player must then mark all the Bingo Numbers on Cards
1 through 4 that match the Caller's Card. If the Extra Spot number matches
any number in any of the Cards 1 thorough 4, the player will win $10 instantly.
Each card has a corresponding prize box. If the player matches all Bingo Numbers
plus the Free Space in a complete horizontal, vertical, or diagonal line in
any one card the player may win up to $10. If the player matches all Bingo
Numbers plus the Free Space in all four (4) corners in any one card the player
may win up to $100. If the player matches all Bingo Numbers plus the Free
Space to make a complete "X" in any one card the player may win up to $25,000.
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 131 (one hundred thirty-one) 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,
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;
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 131 (one
hundred thirty-one) 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 131 (one hundred thirty-one) Play Symbols must be exactly
one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 131 (one hundred thirty-one) 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. A ticket will win as indicated by the prize structure.
B. A ticket can win up to four times.
C. Adjacent tickets in a pack will not have identical patterns.
D. There will never be more than one win on a single Bingo Card.
E. No duplicate numbers will appear on the Caller's Card.
F. No duplicate numbers will appear on each individual Player's Card.
G. Each Caller's card will have a minimum of four (4) and a maximum of
eight (8) numbers from each range per letter including the bonus numbers.
H. The number range used for each letter will be as follows: B: 01-15;
I: 16-30; N: 31-45; G: 46-60; O: 61-75.
I. Each Player's card on the same ticket must be unique.
J. The 25 Caller's Card numbers and five Bonus numbers will match 39 to
59 numbers per ticket.
K. The Extra Spot will never match more than 1 number in the four Player's
Cards.
L. The Extra Spot will never be used to complete a winning pattern.
2.3 Procedure for Claiming Prizes.
A. To claim a "BINGO" Instant Game prize of $2.00, $3.00, $5.00, $10.00,
$15.00, $20.00, $30.00, $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, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, 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 2.3.C of these Game Procedures.
B. To claim a "BINGO" Instant Game prize of $1,000 or $25,000, 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 "BINGO" 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 Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource 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 "BINGO" 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 "BINGO" 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. 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.
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 therefor, 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 therefor, 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 therefor.
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 19,520,750
tickets in the Instant Game No. 364. 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.
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. 364 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. 364,
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-200208594
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: December 31, 2002
1.0 Name and Style of Game.
A. The name of Instant Game No. 366 is "FIND THE 9'S". The play style is
"match 3 or add up".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 366 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 366.
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 - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: $1.00, $2.00, $3.00,
$5.00, $30.00, $50.00, $300, and 9.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each 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:
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) 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 format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $9.00, or $19.00.
H. Mid-Tier Prize - A prize of $30.00, $50.00, $90.00, or $300.
I. High-Tier Prize - A prize of $999.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (366), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 366-0000001-000.
L. Pack - A pack of "FIND THE 9'S" Instant Game tickets contain 250 tickets,
which are packed in plastic shrink-wrapping and fanfolded in pages of five
(5). Tickets 000 to 004 will be on the top page; tickets 005 to 009 on the
next page; etc.; and ticket 245 to 249 will be on the last page. Tickets 000
and 249 will be folded down to expose the pack ticket number though the shrink-wrap.
M. 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.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FIND
THE 9'S" Instant Game No. 366 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "FIND THE
9'S" Instant Game is determined once the latex on the ticket is scratched
off to expose six (6) play symbols. If the player gets 3 like amounts, the
player will win that amount. If the player finds any 9's in the play area,
the player will win the corresponding prize in the legend. No portion of the
display printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly six (6) 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,
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;
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 six (6)
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 six (6) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the six (6) 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 within a book will not have identical
patterns.
B. No ticket will contain two (2) sets of three (3) matching prize amounts.
C. No prize amount will appear more than three (3) times on a ticket.
D. No ticket will contain more than four (4) "9" symbols.
E. No ticket will contain one (1) or more "9" symbols and three (3) identical
prize symbols.
F. The "9" symbol will never appear on non-winning tickets.
G. Tickets can win only once.
2.3 Procedure for Claiming Prizes.
A. To claim a "FIND THE 9'S" Instant Game prize of $1.00, $2.00, $3.00,
$5.00, $9.00, $19.00, $30.00, $50.00, $90.00, or $300, a claimant shall sign
the back of the ticket in the space designated on the ticket and present the
winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall
verify the claim and, if valid, and upon presentation of proper identification,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $50.00, $90.00, or $300 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "FIND THE 9'S" Instant Game prize of $999, the claimant must
sign the winning ticket and present it at one of the Texas Lottery's Claim
Centers. If the claim is validated by the Texas Lottery, payment will be made
to the bearer of the validated winning ticket for that prize upon presentation
of proper identification. When paying a prize of $600 or more, the Texas Lottery
shall file the appropriate income reporting form with the Internal Revenue
Service (IRS) and shall withhold federal income tax at a rate set by the IRS
if required. In the event that the claim is not validated by the Texas Lottery,
the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "FIND THE 9'S" Instant Game prize,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "FIND THE
9'S" Instant Game, the Texas Lottery shall deliver to an adult member of the
minor's family or the minor's guardian a check or warrant in the amount of
the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "FIND THE 9'S" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. 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.
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 therefor, 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 therefor, 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 therefor.
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 15,167,500
tickets in the Instant Game No. 366. 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.
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. 366 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. 366,
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-200208595
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: December 31, 2002
Notice of Administrative Hearing
Thursday, January 30, 2003, 2002, 1:00 p.m.
State Office of Administrative Hearings, William P. Clements Building,
300 West 15th Street, 4th Floor
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
and Dr. Bacon’s Custom Homes, Inc. dba Dr. Bacon’s Affordable
Housing to hear alleged violations of Sections 4(d), 14(f), and 14(j) of the
Act and Sections 80.131(b) and 80.132(3) of the Rules by not complying with
the warranty order, not responding with corrective action in a timely manner,
and not properly installing a manufactured home. SOAH 332-03-1541. Department
MHD2001001904-W, MHD2002001323-IV, and MHD2002000595-W.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589, jhicks@tdhca.state.tx.us
TRD-200300015
Bobbie Hill
Executive Director
Manufactured Housing Division
Filed: January 3, 2003
Thursday, February 6, 2003, 2002, 1:00 p.m.
State Office of Administrative Hearings, William P. Clements Building,
300 West 15th Street, 4th Floor
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
and Paul Park dba South Park Rentals to hear alleged violations of Section
7(d) of the Act and Section 80.123(e) of the Rules by installing a home without
obtaining, maintaining, or possessing a valid installer’s license SOAH
332-03-1559. Department MHD2002001516-UI.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589, jhicks@tdhca.state.tx.us
TRD-200300016
Bobbie Hill
Executive Director
Manufactured Housing Division
Filed: January 3, 2003
Notice of Consultant Contract Award
Pursuant to the provisions of Government Code, Chapter 2254, the North
Central Texas Council of Governments publishes this notice of consultant contract
award. The consultant proposal request appeared in the July 5, 2002 issue
of the
Texas Register
(27 TexReg 6138). The
selected consultant will conduct a Crosstown Bus Routes Analysis and Needs
Assessment for Dallas Area Rapid Transit.
The consultant selected for this project is MultiSystems, 10 Fawcett Street,
Cambridge, MA 02138. The maximum amount of this contract is $100,000. Work
on this project is scheduled to begin in September 2002, and all work will
be completed by February 2003.
TRD-200300056
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: January 8, 2003
Contract Award
Under the provision of The Government Code, Chapter 2254, the State Pension
Review Board has awarded a contract for actuarial services to T. H. Shelby &
Company, Consulting Actuaries, 2730 Stemmons Freeway. # 1006, Dallas, Texas
75207. The contract is effective January 6, 2003 through August 31, 2003 with
a maximum amount not to exceed $15,000.00.
The notice of request for proposals was published in the October 25, 2002
issue of the
Texas Register
(27 TexReg 10235),
TRD-200206735.
The purpose of this contract is to provide actuarial review of pension
legislation when the Texas legislature is in session.
TRD-200300008
Lynda Baker
Executive Assistant
State Pension Review Board
Filed: January 2, 2003
Invitation to Bid - Law Enforcement Academy Building
The Permian Basin Regional Planning Commission (PBRPC) invites qualified
bidders to submit proposals for the following referenced project:
LAW ENFORCEMENT BUILDING BID DUE DATE: Friday, January
3, 2003, 2:00 P.M.
Permian Basin Regional Planning Commission will receive sealed bid proposals
until 2:00 p.m. local time, Friday, January 3, 2003, at 2910 La Force Blvd.,
Midland International Airport, Midland, Texas, Attention: Cheryl Keith, Procurement.
Please note the following on the exterior of the bid proposal:
type-name="bold">PROPOSAL - LAW ENFORCEMENT BUILDING-CONSTRUCTION SERVICES.
Bids will be opened publicly at 2:30 p.m., Friday, January 3, 2003, at Permian
Basin Regional Planning Commission, Board Room, 2910 La Force Blvd., Midland,
Texas. All prime bidders are invited to attend.
Any bids received after the time stipulated for receipt of bids will be
returned to the bidder unopened.
The project will include all work as called for in the Contract Documents
under the direction of a qualified General Contractor.
Copies of the Contract Documents may be obtained from the office of the
Architect in accordance with the Instructions to Bidders. Bona fide General
Contractors may obtain a maximum of two sets with a plan deposit of $100.00
per set. Plans and Specifications will be on file with plan rooms in Midland,
Odessa and Lubbock. Subcontractors wishing to obtain sets, or a partial set
of the documents may do so for the deposit of $100.00 per set; or, Drawings
and Specifications may be examined at the Architects, Vandergriff Group Architects,
312 N. Big Spring, Suite 100, Midland, TX, 79701.
Bidding Documents may be examined at the Architect's office and at the
following plan rooms:
Associate General Contractors
3525 Andrews Highway, Suite 19
Midland, TX 79701
(915) 520-2220
Dodge Reports (Lubbock)
4601 50th Street, Suite 216
Lubbock, TX 79414
(806) 793-4591
Odessa Plan Room
2706 Henderson
Odessa, TX 79768
(915) 337-0912
Associated General Contractors
3004 B. 50th
Lubbock, TX 79413
(806) 797-8898
The above deposit is refundable to the General Contactors who submit a
bone fide bid and return complete documents in good, unmarked condition within
ten (10) days after bid opening.
General Contractors desiring additional sets, or Subcontractors and Material
Suppliers desiring drawings or project manuals, may purchase them from the
Architect. The sets will be issued upon receipt of written request and prepayment
for reproduction and mailing. Said payment is non-refundable.
Bids shall be submitted on unaltered Bid Forms as furnished by the Architects.
Facsimile transmitted proposals are not acceptable. Bid Security in the amount
of five percent (5%) of the bid sum must accompany each bid. No bid may be
withdrawn until after 30 days from date of bid opening. The bidders attention
is called to the bonding requirements of this contract in accordance with
the Instructions to Bidders. Either a bond on A.I.A. Form A310 (or equivalent
acceptable by PBRPC) or a cashier's check made payable to Permian Basin Regional
Planning Commission is acceptable.
The Permian Basin Regional Planning Commission reserves the right to reject
any or all bids received as a result of this request, to waive any informalities,
negotiate in any manner necessary to serve the best interest of the Permian
Basin Regional Planning Commission.
Should a bidder find an error, discrepancy, or omission in the plans or
specifications, or should he be in doubt as to the meaning, the bidder shall
at once notify the Architect, who will send written response to all bidders.
Neither Permian Basin Regional Planning Commission nor Architect will be responsible
for oral instructions. Questions may be directed to the following address:
Vandergriff Group Architects
312 N. Big Spring, Suite 100
Midland, TX 79701
(915) 687-0781
(915) 687-5205 - Fax
The Permian Basin Regional Planning Commission is exempt from taxation
under the Texas Limited Sales, Excise and Use on the cost of materials for
the Work purchased by the Contractor or furnished to him under subcontract,
as stated in Supplementary Conditions. Bids and sub-bids shall be compiled
in a manner that will facilitate the separate determination of the value for
labor and for materials.
Bidder must agree to commence work upon a date to be specified in a written
"Notice to Proceed" and be substantially complete with the project within
the time stipulated in his Proposal Form.
TRD-200208591
Terri Moore
Director of Personnel and Administrative Services
Permian Basin Regional Planning Commission
Filed: December 31, 2002
Notice of Application for Approval of Depreciation Rate Change
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on December 30, 2002, for approval
of an increased depreciation rate of 33.30 percent for general purpose computers
pursuant to §§ 52.252 and 53.056, of the Public Utility Regulatory
Act, TEX. UTIL. CODE ANN. (Vernon 1998 & Supplement 2003) (PURA). A summary
of the application follows.
Docket Title and Number: Application of Big Bend Telephone Company, Inc.
for Approval of a Revised Depreciation Rate Pursuant to the commission's Substantive
Rule §26.206, Docket Number 27177.
The Application: Big Bend Telephone Company, Inc. filed with the Public
Utility Commission of Texas an application for approval of a 33.30 percent
depreciation rate increase for general purpose computers, effective January
1, 2002.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, 1701 North Congress
Avenue, 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. All correspondence
should refer to Docket Number 27177.
TRD-200208589
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: December 31, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on December 30, 2002, to construct a transmission
line in Galveston County, Texas.
Docket Style and Number: Application of Texas-New Mexico Power Company
for a Certificate of Convenience and Necessity (CCN) for a Proposed Transmission
Line in Galveston County. Docket No. 27178.
The Application: Texas-New Mexico Power Company gives notice of its intent
to obtain a Certificate of Convenience and Necessity to construct two new
single-pole, single circuit 69-kV transmission lines to a new Valero Coker
facility. The proposed lines originate at a point on an existing transmission
line located east of Loop 197 between 4th Avenue South and Port Road in Texas
City, Galveston County, Texas. The lines then proceed easterly through a railroad
corridor for approximately 0.1 miles and then enter refinery property. The
proposed lines then parallel existing private refinery roads for approximately
0.5 miles to the new substation facility. The total length of new circuits
is 0.6 and 0.7 miles, respectively. The proposed transmission lines are located
within an industrial area containing refineries or industrial transportation
facilities.
This application includes facilities subject to the Coastal Management
Program and must be consistent with the Coastal Management Program goals and
policies.
The deadline for intervention in this proceeding is February 13, 2003.
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. 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 27178.
TRD-200208592
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: December 31, 2002
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on December 31, 2002, to construct a transmission
line in Bell and Coryell Counties, Texas.
Docket Style and Number: Application of Oncor Electric Delivery Company
for a Certificate of Convenience and Necessity (CCN) for a Proposed Transmission
Line in Bell and Coryell Counties. Docket Number 27179.
The Application: Oncor Electric Delivery Company (Oncor) gives notice of
its intent to obtain a Certificate of Convenience and Necessity to construct
a single circuit 138-kV transmission line in western Bell and southern Coryell
Counties, Texas as described below. Some alternate routes have segments that
are also located in eastern Lampasas County. The name of this project is the
Copperas Cove 138-kV Transmission Line Project.
The preferred transmission line route (Segments 2-8-10-12-16-19-22-27-28-33-34-35-38-43-
45-46) begins at the Copperas Cove Substation located on the south side of
U.S. Highway 190, approximately 1,300 feet northeast of its intersection with
FM 116, in Copperas Cove, Texas. The preferred route exits the Copperas Cove
Substation along the centerline of an existing 138 kV transmission line, which
proceeds east from the substation, for approximately 2,150 feet to an angle
point located approximately 0.6 miles east/northeast of the intersection of
U.S. Highway 190 and FM 116. (This segment of the existing Oncor transmission
line will be rebuilt to form a double circuit line constructed on single pole
structures.) From the angle point, the preferred transmission line route proceeds
south for approximately 2,400 feet to an angle point located approximately
0.7 miles east/southeast of the intersection of U.S. Highway 190 and FM 116.
From the angle point, the preferred transmission line route turns south/southeast
for approximately 900 feet to an angle point located approximately 0.9 miles
southeast of the intersection of U.S. Highway 190 and FM 116. From the angle
point, the preferred transmission line route proceeds in a southeasterly direction
for approximately 4,550 feet to an angle point located approximately 1.6 miles
southeast of the intersection of U.S. Highway 190 and FM 116. From the angle
point, the preferred transmission line route proceeds in a south/southeasterly
direction for approximately 3,150 feet to an angle point located approximately
2.2 miles southeast of the intersection of U.S. Highway 190 and FM 116. From
the angle point, the preferred transmission line route proceeds in a southerly
direction for approximately 2,800 feet to an angle point located approximately
2.5 miles southeast of the intersection of U.S. Highway 190 and FM 116. From
the angle point, the preferred transmission line route proceeds in a south/southwesterly
direction for approximately 2,100 feet to an angle point located on the east
side of FM 116 approximately 1.7 miles north of the intersection of FM 116
and Boys Ranch Road. From the angle point, the preferred transmission line
route proceeds south along the eastern side of FM 116 for approximately 8,850
feet to an angle point located near the intersection of FM 116 and Boys Ranch
Road. From the angle point, the preferred transmission line route crosses
FM 116 and proceeds in a southerly direction along the western edge of FM
116 for approximately 5,450 feet to an angle point located at the southwest
corner of the intersection of FM 116 and Oakalla Road. From the angle point,
the preferred transmission line route proceeds in a southeasterly direction
for approximately 2,950 feet to an angle point located approximately 0.6 miles
east/southeast of the intersection of FM 116 and Oakalla Road. From the angle
point, the preferred transmission line route proceeds in a south/southeasterly
direction for approximately 1,100 feet to an angle point located approximately
0.7 miles southeast of the intersection of FM 116 and Oakalla Road. From the
angle point, the preferred transmission line route proceeds in a southeasterly
direction for approximately 900 feet to an angle point located approximately
0.9 miles southeast of the intersection of FM 116 and Oakalla Road. From the
angle point, the preferred transmission line route proceeds in a south/southeasterly
direction for approximately 1,600 feet to an angle point located approximately
1.2 miles southeast of the intersection of FM 116 and Oakalla Road. From the
angle point, the preferred transmission line route proceeds in a south/southeasterly
direction for approximately 8,750 feet to an angle point located approximately
2.8 miles southeast of the intersection of FM 116 and Oakalla Road. From the
angle point, the preferred transmission line route proceeds in an east/northeasterly
direction for approximately 2,600 feet to an angle point located approximately
2.9 miles southeast of the intersection of FM 116 and Oakalla Road. From the
angle point, the preferred transmission line route proceeds in a northeasterly
direction for approximately 1,000 feet to an angle point located approximately
2.9 miles southeast of the intersection of FM 116 and Oakalla Road. From the
angle point, the preferred transmission line route proceeds in an east/northeast
direction for approximately 3,100 feet to a slight angle point located approximately
3.2 miles southeast of the intersection of FM 116 and Oakalla Road. From the
angle point, the preferred transmission line route proceeds in an east/northeasterly
direction for approximately 400 feet to a slight angle point located approximately
3.2 miles southeast of the intersection of FM 116 and Oakalla Road. From the
angle point, the preferred transmission line route proceeds in an east/northeasterly
direction for approximately 1,600 feet to an angle point located approximately
3.4 miles southeast of the intersection of FM 116 and Oakalla Road. From the
angle point, the preferred transmission line route proceeds south/southeast
for approximately 9,600 feet to a slight angle point located 2.2 miles northwest
of the intersection of State Highway 195 and FM 2670. From the angle point,
the preferred transmission line route proceeds south/southeast for approximately
2,850 feet to a slight angle point located approximately 1.8 miles northwest
of the intersection of State Highway 195 and FM 2670. From the angle point,
the preferred transmission line route proceeds south/southeast for approximately
900 feet to slight angle point located approximately 1.7 miles west/northwest
of the intersection of State Highway 195 and FM 2670. From the angle point,
the preferred transmission line route proceeds in a southerly direction for
approximately 300 feet to a slight angle point located approximately 1.7 miles
west/northwest of the intersection of State Highway 195 and FM 2670. From
the angle point, the preferred transmission line route proceeds in a south/southeasterly
direction for approximately 1,900 feet to an angle point located approximately
1.6 miles west/southwest of the intersection of State Highway 195 and FM 2670.
From the angle point, the preferred transmission line route proceeds in an
easterly direction parallel to the north side of FM 2670 for approximately
8,400 feet to an angle point located immediately north and west of the intersection
of FM 2670 and State Highway 195. From the intersection of FM 2670 and State
Highway 195, this segment of the preferred transmission line route proceeds
north/northeast and parallels the northwest side of State Highway 195 for
approximately 2,000 feet to an angle point where the preferred transmission
line route crosses State Highway 195 and enters the BEPC Ding Dong Substation.
The deadline for intervention in this proceeding is February 14, 2003.
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. 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 27179.
TRD-200300031
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 7, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on December 31, 2002, to construct a transmission
line in Tom Green County, Texas.
Docket Style and Number: Application of LCRA Transmission Services Corporation
and West Texas Utilities Company for a Certificate of Convenience and Necessity
(CCN) for a Proposed Transmission Line in Tom Green County, Texas. Docket
Number 27180.
The Application: The LCRA Transmission Services Corporation (the Corporation)
and co-applicant West Texas Utilities Company (WTU) give notice of their intent
to secure a Certificate of Convenience and Necessity (CCN) to build a new
double-circuit capable 138-kilovolt (kV) transmission line that will cut in
the Corporations’ Twin Buttes Switching Station to the existing 138-kV
transmission line between WTU’s Big Lake Substation and the San Angelo
Power Station (SAPS). The Corporation’s preferred route, one of 10 alternate
routes for this project, would include a routing deviation for the previously
certificated Morgan Creek-Twin Buttes-Red Creek-Comanche 345-kV transmission
line in the vicinity of the Twin Buttes Switching Station. The proposed project
is located entirely within Tom Green County. The Corporation proposes to own
this transmission line while WTU will operate and maintain the facilities
under a multi-year agreement.
The Corporation’s/WTU’s preferred route (Route 10) was developed
by a group of landowners in the project area and it would originate from an
alternate location for the Twin Buttes Switching Station located approximately
2.0 miles west of the existing switching station site. This route would exit
the switching station, heading due west for approximately 0.03 mile before
turning 90 degrees south to follow fencelines for approximately 1.5 miles.
Then it would turn 90 degrees west and run about 0.1 mile along a fenceline,
then turn 90 degrees to the south again to run about 0.7 mile along another
fenceline to a point less than 0.1 mile north of FM 853. Then the route would
make an approximately 80 degree angle turn to the east-northeast for about
0.5 mile. Then it would make an approximately 40 degree angle turn toward
the southeast for 0.1 mile where it would intersect with FM 853 at an oblique
angle at a point approximately 0.4 mile west of the Midway Cemetery, then
continue in the southeasterly direction for another 0.2 mile. Here the route
would make an approximately 50 degree angle turn to run due south following
fencelines again for about 0.9 mile. Then the route would turn 90 degrees
east and follow fencelines for about 1.3 miles. At this point, it would turn
south again at a 90 degree angle and run 1.4 miles parallel to and a little
over 0.1 mile from South Jameson Road. At the end of this stretch, the route
would cross a private unpaved road and would make an approximately 40 degree
angle turn to run 0.6 mile southeast to its tap point with the Big Lake 138-kV
transmission line. This tap point would be approximately 0.5 mile west of
the intersection of the Big Lake 138-kV transmission line and South Jameson
Road.
In order to meet the alternate switching station site, a segment of the
previously certificated Morgan Creek-Twin Buttes-Red Creek-Comanche 345-kV
transmission line would require a route deviation. The 345-kV line deviation
would begin approximately 0.4 miles south of the point where the certificated
route ceases paralleling the existing WTU 69-kV wood H-frame transmission
line and turns south. From this point, the route heads southwest for approximately
2.9 miles across mesquite rangeland until it intersects a north-south property
line. At this point, the proposed route deviation turns south and extends
for approximately 1 mile down the east side of the property line. Here the
route turns 90 degrees east and runs for 200 feet to the alternate Twin Buttes
Switching Station site, which is located on private land approximately 2.2
miles north of Ranch Road 853 (Arden Road) and about 9 miles west of San Angelo
in Tom Green County, Texas.
The deadline for intervention in this proceeding is February 14, 2003.
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. 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 27180.
TRD-200300032
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 7, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on December 23, 2002, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of OneStar Long Distance, Inc. for
a Service Provider Certificate of Operating Authority, Docket Number 27155
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame
Relay, Fractional T1, and long distance services.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-800-782-8477 no later than
January 22, 2003. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27155.
TRD-200300017
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on December 23, 2002, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of
the Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of CR Telco, Inc., doing business
as Cap Rock Telcom for a Service Provider Certificate of Operating Authority,
Docket Number 27166 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, T1-Private
Line, and long distance services.
Applicant's requested SPCOA geographic area includes the Lubbock Local
Access and Transport Area within the State of Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-800-782-8477 no later than
January 22, 2003. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 27166.
TRD-200300018
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2003
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on January 2, 2003, for waiver of
denial by Pooling Administrator (PA) of applicant's request for an NXX code.
Docket Title and Number: Application of Verizon Southwest for Waiver of
Denial by Pooling Administrator of NXX Code Request to Provide Verizon with
a Two-way Extended Metro Service (EMS) Thousands Block for Growth in Willis,
Texas. Docket Number 27183.
The Application: Applicant stated that the PA denied Verizon's request
for an NXX code in the Willis rate center to support provision of optional
Extended Metro Service (EMS). The PA denied Verizon's request based on practices
designed to prohibit acquisition of unneeded numbering resources. Verizon
seeks an exception to the application of NXX assignment guidelines. Verizon
asked that the commission waive the PA's denial of Verizon's NXX assignment
request.
Persons wishing to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
January 28, 2003. 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 27183.
TRD-200300053
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 7, 2003
On December 27, 2002, NewSouth Communications Corp. filed an application
with the Public Utility Commission of Texas (PUC) to relinquish its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60447. Applicant intends to relinquish its certificate.
The Application: Application of NewSouth Communications Corp. to Relinquish
its Service Provider Certificate of Operating Authority, Docket Number 27175.
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
January 22, 2003. 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 27175.
TRD-200300019
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 3, 2003
On January 2, 2003, Wes-Tex Telephone Cooperative, Inc. and Texas Am-Tel
I, collectively referred to as applicants, filed a joint application for approval
of interconnection agreement under Section 252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supp. 2003) (PURA). The joint application has been designated
Docket Number 27182. The joint application and the underlying interconnection
agreement is available for public inspection at the Public Utility Commission
of Texas (commission) offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 27182. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by February 4, 2003,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to commission's Procedural Rule §22.202. The commission
may identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, 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. All correspondence should refer to Docket Number 27182.
TRD-200300023
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2003
On January 6, 2003, Phone Remedies, LLC and Valor Telecommunications of
Texas, LP, collectively referred to as applicants, filed a joint application
for approval of interconnection agreement under Section 252(i) of the federal
Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56,
(codified as amended in scattered sections of 15 and 47 United States Code)
(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated,
Chapters 52 and 60 (Vernon 1998 & Supp. 2003) (PURA). The joint application
has been designated Docket Number 27189. The joint application and the underlying
interconnection agreement is available for public inspection at the Public
Utility Commission of Texas (commission) offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 27189. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by February 5, 2003,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to the commission's Procedural Rule §22.202. The commission
may identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this action, or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, 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. All correspondence should refer to Docket Number 27189.
TRD-200300045
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 7, 2003
Notice of Intent to Enter Into Contract for Professional Services
The Research and Oversight Council on Workers' Compensation (ROC) provides
notice that it will enter into a Professional Services contract with the Workers
Compensation Research Institute (WCRI), a non-profit research organization,
located at 955 Massachusetts Avenue, Cambridge, MA 02139. This contract allows
Texas to participate in the fourth edition of the WRCI CompScope(tm) project,
a multi-state workers' compensation benchmarking effort. This serves as an
information notice only, in as much as the ROC is not seeking competitive
sealed proposals to hire for the services described below. The funding appropriated
for participation in the WCRI project is specifically described in Senate
Bill 1 (General Appropriations Act) Section VIII-88, Rider 2, Seventy-seventh
Legislature Regular Session. This contract will be executed under the provisions
of Chapter 2254 Subchapter A of the Texas Government Code. Under no circumstance
will this contract exceed $185,000.00 for Fiscal Year 2003.
The following is a description of the nature of work for this project and
the proposed timing of deliverables:
Taking samples of administrative and financial data from each state using
existing data sharing arrangements with insurance carriers
Re-coding data for consistency
Preparing a qualitative assessment of findings for each state based on
a set of standardized measures - status report and preliminary findings on
or before 07/15/03
Preparing a descriptive comparison of the features of the Workers' Compensation
system in each state that has a bearing on the differences identified in the
analysis - draft report on or before 08/31/03
Conducting briefings in each state to inform stakeholders and interested
legislators of the findings - on or before 12/31/03
Delivering the final report - on or before 12/31/03
Any comments or concerns about this contract should be, within 14 days
of this notice, addressed to:
Scott McAnally, Executive Director
9800 North Lamar Blvd., Suite 260
Austin, Texas 78753
(512) 469-7811 Phone
(512) 469-7481 Fax
TRD-200300048
Amy Lee
Research and Oversight Coordinator
Research and Oversight Council on Workers' Compensation
Filed: January 7, 2003
Consultant Contract Award
Sam Houston State University (SHSU), in accordance with provisions of Government
Code, Section 2254.030, announces the awarding of a consultant contract to
a consulting firm based in Washington, D.C. The solicitation for proposals
was published in the November 15, 2002, issue of the
Texas Register
(Volume 27, TexReg 10818).
The consultant will represent and assist the university in developing projects
deemed important to the university, assist the university in obtaining funding
for university projects, and provide consulting and representation as directed
by Sam Houston State University.
One proposal was received in response to this solicitation for proposals.
The proposal was from Mr. Bobby Mills/The Advocacy Group, 1350 I Street, NW,
Suite #680, Washington, D.C. 20005.
The consultant awarded the contract was: Mr. Bobby Mills/The Advocacy Group,
1350 I Street NW, Suite #680, Washington, D.C. 20005.
The consultant contract begins January 1, 2003 and ends December 31, 2003
with the option to renew. The fee estimate is $52,800, excluding expenses.
Reports and documents will be submitted as required.
TRD-200300060
Dr. James F. Gaertner
President
Sam Houston State University
Filed: January 8, 2003
Applications Received
Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development
Board provides notice of the following applications received by the Board:
City of Cameron, 1100 East 19th Street, Cameron, Texas, 76520, received
November 11, 2002, application for financial assistance in the amount of $710,000
from the Clean Water State Revolving Fund.
El Jardin Water Supply Corporation, 5250 Coffeeport Road, Suite D, Brownsville,
Texas, 78521, received November 1, 2002, application for financial assistance
in the amount of $3,550,000 from the Drinking Water State Revolving Fund.
City of La Feria, 115 East Commercial Avenue, La Feria, Texas, 78559, received
December 13, 2002, application for additional financial assistance in an amount
not to exceed $31,000 from the Water Loan Assistance Fund.
Meeker Municipal Water District, 807 North Meeker Road, Route 5, Box 86,
Beaumont, Texas, 77713, received November 25, 2002, application for financial
assistance in the amount of $2,500,000 from the Texas Water Development Funds.
White River Municipal Water District, HCR 2, Box 141, Spur, Texas, 79370,
received October 31, 2002, application for financial assistance in an amount
not to exceed $90,000 from the Research and Planning Fund.
The Woodlands Joint Powers Agency, P. O. Box 7580, The Woodland, Texas,
77387-7580, received November 6, 2002, application for financial assistance
in an amount not to exceed $262,500 from the Research and Planning Fund.
Angelina & Neches River Authority, P. O. Box 387, Lufkin, Texas, 75901,
received November 6, 2002, application for financial assistance in an amount
not to exceed $78,400 from the Research and Planning Fund.
City of Dallas, 2121 Main Street, Suite 300, Dallas, Texas, 75201, received
November 6, 2002, application for financial assistance in an amount not to
exceed $348,634 from the Research and Planning Fund.
Lower Colorado River Authority, P. O. Box 220, Austin, Texas, 78767-0220,
received November 6, 2002, application for financial assistance in an amount
not to exceed $95,000 from the Research and Planning Fund.
TRD-200300063
Gail L. Allan
Director of Administration and Northern Legal Services
Texas Water Development Board
Filed: January 8, 2003
Comptroller of Public Accounts
Notice of Request for Proposals
Office of Consumer Credit Commissioner
Texas Education Agency
Texas Commission on Environmental Quality
Enforcement Orders
Enforcement Orders
Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Action
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Quality Applications
Proposed Enforcement Orders
Texas Department of Health
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation to National Institute of Technology, Inc.
Notice of Rescheduling of Buprenorphine under the Federal Controlled Substances Act
Notice of Schedules of Controlled Substances
Texas Health and Human Services Commission
Texas Higher Education Coordinating Board
Texas Department of Housing and Community Affairs
Houston-Galveston Area Council
Texas Department of Insurance
Third Party Administrator Applications
Texas Lottery Commission
Instant Game No. 334 "5 Times the Money"
Instant Game No. 340 "Triple Cash Stampede"
Instant Game No. 342 "Giant Jumbo Bucks"
Instant Game No. 343 "Chips & Salsa"
Instant Game No. 344 "Easy 8's"
Instant Game No. 364 "Bingo"
Instant Game No. 366 "Find the 9's"
Manufactured Housing Division
Notice of Administrative Hearing
North Central Texas Council of Governments
State Pension Review Board
Permian Basin Regional Planning Commission
Public Utility Commission of Texas
Notice of Application for Certificate of Convenience and Necessity
Notice of Application for Certificate of Convenience and Necessity
Notice of Application for Certificate of Convenience and Necessity
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Application to Relinquish a Service Provider Certificate of Operating Authority
Notice of Interconnection Agreement
Notice of Interconnection Agreement
Research and Oversight Council on Workers' Compensation
Sam Houston State University
Texas Water Development Board
Texas Workers' Compensation Commission