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 project(s) during the period of February 20, 2004, through
February 26, 2004. The public comment period for these projects will close
at 5:00 p.m. on April 2, 2004.
FEDERAL AGENCY ACTIONS:
Applicant: Randy Rogers
; Location: The project
is located near the mouth of South Bay, State Tract Number 757, Cameron County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
PORT ISABEL, Texas. Approximate NAD27 UTM Coordinates: Zone 14; Easting: 681,545;
Northing: 2,881,275. Project Description: This is an after-the-fact permit
request for a structure used as a boat hide and water foul shooting platform
used in guided hunts. The structure is composed of a boathouse with shooting
platforms on pilings, 35 feet long by 20 feet wide. The whole structure is
then covered in palm fronds to act as a bird hunting blind. CCC Project No.:
04-0046-F1; Type of Application: U.S.A.C.E. permit application #23293 is being
evaluated under §10 of the Rivers and Harbors Act of 1899.
Applicant: Howard Management Services, LP
;
Location: The project is located in the Colorado River at the intersection
of Center and St. Mary's Street in Matagorda, Matagorda County, Texas. The
project can be located on the U.S.G.S. quadrangle map entitled: Matagorda,
Texas. Approximate UTM Coordinates: Zone 15; Easting: 208990; Northing: 3177234.
Project Description: The applicant proposes to construct 36 covered boat slips
(no sides) with a total surface coverage of 305 feet by 76 feet (0.5 acre).
The central pier would measure 8 feet wide and all slips would be 34 feet
long. The applicant proposes to hydraulically dredge the slip to a depth of
10 feet deep and maintenance dredge the channel adjacent to the bulkhead to
a depth of 8 feet deep for a distance of 500 feet north of the slip. The depth
of the water in the slip is fairly uniform at approximately 4 feet mean high
water. The dredge material would be retained in a leveed area located 300
feet to the east of the harbor on property owned by the applicant. The total
amount of material removed would total 13,000 cubic yards. Containment Area
1 has a capacity of 22,000 cubic yards and Containment Area 2 has a capacity
of 11,000 cubic yards. The Matagorda flood levee is 16 feet tall and the applicant
would construct containment levees 3 feet tall. CCC Project No.: 04-0054-F1;
Type of Application: U.S.A.C.E. permit application #23041(01) is being evaluated
under §10 of the Rivers and Harbors Act of 1899.
Applicant: Enzo Investments
; Location: The
project is located in and adjacent to Clear Lake, north of Marina Bay Drive,
west of Twin Oaks Boulevard, in League City, Galveston County, Texas. The
project can be located on the U.S.G.S. quadrangle map entitled: League City,
Texas. Approximate UTM Coordinates: Zone 15; Easting: 300622; Northing: 3270920.
Project Description: The applicant proposes to construct a 24-lot development
adjacent to Clear Lake with a 1700-foot constructed canal to provide water
access to the waterfront lots. The canal will be excavated in the dry with
an earthen plug left between the canal and Clear Lake until all excavation
and bulkhead construction is complete. The plug will then be excavated to
connect the canal to Clear Lake. The bulkhead built along the Clear Lake frontage
will be constructed above the mean high tide line and will not require any
jurisdictional fill. In addition, the applicant seeks authorization to mechanically
dredge 2,150 cubic yards of material from Clear Lake to provide an access
channel to the 3 lakefront lots. Most of the material excavated from uplands
on the 9.8-acre tract will be used to raise the elevation of the lots. Material
dredged from Clear Lake and excess material from the canal excavation will
be placed offsite on a 6.6-acre tract southwest of the intersection of FM
518 and Anders Lane. The total volume of material to be placed on the 6.6-acre
placement site is estimated at 6,800 cubic yards. The applicant also proposes
to install a water circulating system to improve flow within the canal. An
8-inch diameter PVC pipe will serve as an intake and conduit to water pumped
from the canal's north end to the south end of the canal utilizing a stainless
steel pump at a rate of approximately 500 gallon per minute. The 8-inch pipe
will terminate at a riser that will allow the flow of water to cascade out
of the pipe approximately 12 inches above mean high tide. CCC Project No.:
04-0055-F1; Type of Application: U.S.A.C.E. permit application #23178 is being
evaluated under §10 of the Rivers and Harbors Act of 1899.
Applicant: Live Oak Reserves, Inc.
; Location:
The project is located at State Tract 45, Copano Bay, Aransas County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled: ROCKPORT,
Texas. Approximate NAD27 UTM Coordinates for the drill location and beginning
of pipelines: Zone 14; Easting: 688,554; Northing: 3,112,302. Approximate
NAD27 UTM Coordinates for the Header Well #9 location and end of pipelines:
Zone 14; Easting: 688,426; Northing: 3,112,902. Project Description: The applicant
proposes to install a new surface well and two pipelines for the purpose of
gas production. The project will involve the temporary installation of a barge-mounted
drilling rig and a permanent production platform with attendant facilities.
The well will be directionally drilled to a proposed bottom hole positioned
approximately 300 feet from the eastern line and approximately 650 feet from
the southern line of State Tract Number 45, Copano Bay. In addition, the applicant
proposes the installation of two 2-inch diameter pipelines to extend southwest
from the surface well to an existing platform (Header Platform #9) for the
purpose of gas transport. The pipelines will be installed by jetting and the
lines placed to a minimum depth of 3 feet below the mudline. The pipeline
trench will be allowed to naturally return to pre-construction contours. CCC
Project No.: 04-0058-F1; Type of Application: U.S.A.C.E. permit application
#23305 is being evaluated under §10 of the Rivers and Harbors Act of
1899 and §404 of the Clean Water Act.
Note
:
The consistency review for this project may be conducted by the Texas Railroad
Commission under §401 of the Clean Water Act.
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-200401690
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: March 3, 2004
Public Notice
The Texas Administrative Code mandates that unemployment insurance (UI)
recipients in the State of Texas make at least three job search attempts each
week, unless local Workforce Boards adopt a policy to lower the requirement
in rural counties (less than 10,000 in population). The Concho Valley Workforce
Development Board (Board) is recommending that one work search attempt per
week be mandatory for UI recipients in the following counties: Sutton, Crockett,
Schleicher, Reagan, Irion, Sterling, Coke, Concho, Menard, Mason, McCulloch
and Kimble. The proposed policy is available for review and comment at the
Board office at 36 East Twohig, Suite 810, San Angelo, Texas for 30 days after
the date of this notice. For more information contact Cathy Ballard at (325)655-2005
or via email at cathy.ballard@twc.state.tx.us.
TRD-200401677
Cathy Ballard
WIA/ES Contract Manager
Concho Valley Workforce Development Board
Filed: March 2, 2004
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of March 8, 2004 - March 14, 2004 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of March 8, 2004 - March 14, 2004 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-200401672
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 2, 2004
Under provisions of TEX. FIN. CODE §14.108, the consumer credit commissioner
may issue interpretations of Subtitle A or B, Title 4, after approval of the
interpretation by the finance commission. The provisions of Chapter 2001,
Government Code, that relate to the adoption of an administrative rule do
not apply to the issuance of an interpretation under this section.
The consumer credit commissioner has received the following request for
an interpretation:
Request Number 2004-01. Request from David George, of Houston, Texas regarding
whether a $5 surcharge of using a credit card violates Texas Finance Code §339.001.
Interested parties may submit briefs and proposals pertaining to the issue
under consideration to Leslie L. Pettijohn, Commissioner, Office of Consumer
Credit Commissioner, 2601 North Lamar, Austin, Texas 78705, until 30 days
from publication.
TRD-200401633
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: February 27, 2004
Notice of Request for Proposals for Worker Training Initiative
This Request for Proposals to interested entities is filed under Government
Code 2254.
Notice is given that as the administrative unit for the East Texas Workforce
Development Board, the East Texas Council of Governments (ETCOG) is soliciting
proposals for worker training initiatives with primary companies. A special
fund has been created to provide access to targeted training dollars for both
current and newly hired workers. The Skills Advancement Fund of East Texas
(SAFE) is intended as an avenue for primary companies throughout the East
Texas WDA to access funding to provide worker training by partnering with
providers such as local community colleges or to train workers in-house. The
term "primary company" as described in the Request for Proposals, is synonymous
with the definition cited in Texas legislation. As applied to the fourteen-county
East Texas Workforce Development Area, it refers to a company in an identified
industry that manufactures a product or provides a service where at least
50% of sales come from outside the area.
The East Texas Workforce Development Board is responsible for the oversight
of state and federally funded training, employment, and childcare services
in a fourteen county area around Longview and Tyler.
Persons or organizations wanting to receive a Request for Proposals (RFP)
package should inquire by letter, fax, or e-mail to East Texas Council of
Governments, 3800 Stone Road, Kilgore, Texas 75662, Attn: Daniel Pippin. The
fax number for ETCOG is (903) 983-1440. The e-mail address is Daniel.Pippin@twc.state.tx.us.
Questions regarding the RFP process can be addressed by calling (903) 984-8641.
It is anticipated that the deadline for receipt of proposals shall be 5:00
p.m. CDT, Tuesday, April 13, 2004.
TRD-200401667
Glynn Knight
Executive Director
East Texas Council of Governments
Filed: March 1, 2004
Notice of Public Hearings on Proposed Revisions to 30 TAC Chapter 321
The Texas Commission on Environmental Quality will conduct public hearings
to receive comments concerning proposed revisions to 30 TAC Chapter 321, Control
of Certain Activities by Rule, Subchapter B, Concentrated Animal Feeding Operations,
including amendments to the air standard permit for animal feeding operations
located in 30 TAC §321.43, under the requirements of Texas Health and
Safety Code, §382.017 and §382.05195 and Texas Government Code,
Subchapter B, Chapter 2001.
The proposed rulemaking would amend Chapter 321, Subchapter B, including
proposals to reorganize existing requirements; incorporate the new federal
concentrated animal feeding operation (CAFO) regulations; include Texas Pollutant
Discharge Elimination System general requirements for CAFOs; include requirements
for dairy CAFOs in a major sole-source impairment zone; amend the air quality
standard permit; and provide authorization for animal feeding operations that
are not defined or designated as CAFOs. Amendments to standard permits are
subject to the procedural requirements of 30 TAC §116.605, including
a 30-day public comment period and a public meeting. Any person who may be
affected by the emission of air pollutants from facilities that may be authorized
under the standard permit is entitled to submit written or oral comments regarding
the proposed amendments to the standard permit.
Public hearings on the proposed revisions will be held in Stephenville
on April 1, 2004 at 7:00 p.m., Texas Agricultural Experiment Station, 1229
North U.S. Highway 281; in Amarillo on April 6, 2004 at 7:00 p.m., at the
Region 16 Education Service Center, Panhandle Conference Center, 5800 Bell
Street; and in Austin on April 13, 2004 at 1:00 p.m., at the commission's
central office located at 12100 Park 35 Circle, Building E, Room 201S. The
hearings will be structured for the receipt of oral or written comments by
interested persons. Individuals may present oral statements when called upon
in order of registration. There will be no open discussion during the hearings;
however, an agency staff member will be available to discuss the proposal
30 minutes prior to the hearings and will answer questions before and after
the hearings.
Copies of the proposed revisions may be obtained from the Texas Commission
on Environmental Quality's Web site at
http://www.tnrcc.state.tx.us/oprd/rules/propadop.html#proposals
or by contacting the Texas Commission on Environmental Quality's Office
of Permitting, Remediation and Registration, Water Quality Division, at (512)
239-4671 or Air Permits Division, at (512) 239- 1250.
Comments may be submitted to Joyce Spencer, Texas Commission on Environmental
Quality, Office of Environmental Policy, Analysis, and Assessment, MC 205,
P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All
comments should reference Rule Project Number 2003-026-321-WT. Comments must
be received by 5:00 p.m., April 13, 2004. For further information, please
contact Kathy Ramirez, Policy and Regulations Division, at (512) 239-6757.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearings should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
TRD-200401611
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: February 27, 2004
Notice of public meeting on April 22, 2004, in Henderson, Rusk County,
Texas concerning the Crim-Hammett proposed state Superfund site. The purpose
of the meeting is to obtain public input and information concerning the intent
to take no further action at the site and to delete the site from the state
Superfund registry.
The executive director (ED) of the Texas Commission on Environmental Quality
(TCEQ) is issuing this public notice of intent to take no further action at
the Crim-Hammett proposed state Superfund site (the Site) and to delete the
Site from its proposed-for-listing status on the state Superfund registry.
The state registry is the list of state Superfund sites which may constitute
an imminent and substantial endangerment to public health and safety or the
environment due to a release or threatened release of hazardous substances
into the environment.
The commission is proposing this deletion because the ED has determined
that due to removal actions that have been performed, the Site no longer presents
such an endangerment. This combined notice is also being published in the
The Site was proposed for listing on the state Superfund registry in the
July 21, 2000 issue of the
Texas Register
(25
TexReg 7039). The Site, including all land, structures, appurtenances, and
other improvements, is located at 801 Highway 64, Henderson, Rusk County,
Texas. The Site also included any areas where hazardous substances had come
to be located as a result, either directly or indirectly, of releases of hazardous
substances from the Site.
The Site was used as a truck, tractor, and automobile dealership from 1947
- 1961. From 1961 - 1986, the Site was the location of an International Harvester
franchise. Based on analytical results, gathered during the remedial investigation
at the Site, chemicals of concern were predominantly limited to battery chip
material located in the soils of the Site. Lead was detected at high concentrations,
exceeding Tier 1 commercial/industrial protective concentration levels (PCL).
Antimony, arsenic, cadmium, and mercury were also detected above Tier 1 commercial/industrial
PCLs in the samples collected from the battery chip material. A removal action
was performed at the Site during the summer of 2003. Approximately 2,500 cubic
yards of material was excavated from the Site. This material was treated to
comply with the requirements for Class 2 nonhazardous waste and transported
to the Pinehill Landfill in Kilgore, Texas. Clean soil was brought in and
graded to conform to original site conditions. The soil was then seeded to
prevent erosion.
As a result of the removal actions that have been performed at the Site,
the ED has determined that the Site no longer presents an imminent and substantial
endangerment to public health and safety and the environment. Therefore, no
further action is necessary at the Site and the Site is eligible for deletion
from the state registry of Superfund sites as provided by 30 TAC §335.344(c).
The commission will hold a public meeting to receive comment on the proposed
deletion of the Site and the determination to take no further action. This
public meeting will be legislative in nature and is not a contested case hearing
under Texas Government Code, Chapter 2001. The public meeting is scheduled
for 7:00 p.m. on April 22, 2004, at the Henderson City Hall Council Chambers,
400 West Main Street, Henderson, Texas.
All persons desiring to make comments may do so prior to or at the public
meeting. All comments submitted prior to the public meeting must be received
by 5:00 p.m., April 22, 2004,
and should be sent in
writing
to Ms. Kristian Mauricio, Project Manager, Texas Commission
on Environmental Quality, Remediation Division, MC 143, P. O. Box 13087, Austin,
Texas 78711-3087 or by facsimile (512) 239-2450. The public comment period
for this action will end at the close of the public meeting on April 22, 2004.
A portion of the record for this Site, including documents pertinent to
the proposed deletion of the Site, is available for review during regular
business hours at the Rusk County Library, 106 East Main Street, Henderson,
Texas, (903) 657-8557.
Copies of the complete public record file may be obtained during regular
business hours at the commission's Records Management Center, Records Customer
Service, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753,
(800) 633-9363 or (512) 239-2920. Photocopying of file information is subject
to payment of a fee. Parking for persons with disabilities is available on
the east side of Building D, convenient to access ramps that are between Buildings
D and E.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the meeting should contact the agency at
(800) 633-9363 or (512) 239-2463. Requests should be made as far in advance
as possible.
For further information regarding this meeting, please contact Bruce McAnally,
TCEQ Community Relations, at (800) 633-9363.
TRD-200401688
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 3, 2004
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
April 12, 2004
.
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 April 12, 2004
. 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: Mughal Nasir dba 61st Street Food Mart; DOCKET NUMBER: 2003-1087-
PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number
005474, Regulated Entity Identification Number RN101873081; LOCATION: Galveston,
Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to
demonstrate acceptable financial assurance; PENALTY: $800; ENFORCEMENT COORDINATOR:
Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(2) COMPANY: AES Wolf Hollow LP; DOCKET NUMBER: 2003-1452-AIR-E; IDENTIFIER:
Air Account Number HQ-0112-O; LOCATION: Granbury, Hood County, Texas; TYPE
OF FACILITY: electric generation plant; RULE VIOLATED: 30 TAC §101.20(1)
and §116.115(c), Air Permit Number 41166/PSD-TX-939, and 40 Code of Federal
Regulations (CFR) §60.7(a) and 8(a), by failing to notify the TCEQ of
the actual date of initial start up of gas turbine number 2, failing to conduct
performance tests within 60 days of achieving the maximum firing rate, at
which the affected facility will be operated, but not later than 180 days
after initial start up of the facility, and failing to furnish the TCEQ with
a written report of the results of the test required for gas turbine numbers
1 and 2 and the auxiliary boiler; PENALTY: $5,760; ENFORCEMENT COORDINATOR:
Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Alamo Star, Inc. dba Glen Super Mart; DOCKET NUMBER: 2003-0214-PST-
E; IDENTIFIER: PST Facility Identification Number 39474; LOCATION: San Antonio,
Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.51(b)(2)(C) and the Code §26.3475(c)(2),
by failing to install overfill prevention equipment on each underground storage
tank (UST); 30 TAC §334.50(b)(2)(A)(i)(III) and the Code §26.3475(a),
by failing to conduct the annual line leak detector test on each UST to determine
performance and operational reliability; and 30 TAC §334.8(c)(5)(C),
by failing to permanently tag or label each UST fill tube at the facility
with the number used to identify the tank on the registration and self-certification
form filed with the commission; PENALTY: $3,120; ENFORCEMENT COORDINATOR:
Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San
Antonio, Texas 78233-4480, (210) 490- 3096.
(4) COMPANY: Amerada Hess Corporation; DOCKET NUMBER: 2003-1446-AIR-E;
IDENTIFIER: Air Account Number TD0001H; LOCATION: Brownfield, Terry County,
Texas; TYPE OF FACILITY: gas compressor station; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit the annual compliance certification
report form by September 25, 2001; PENALTY: $1,540; ENFORCEMENT COORDINATOR:
Craig Flemimg, (512) 239-5806; REGIONAL OFFICE: 4630 50th Street, Suite 600,
Lubbock, Texas 79414-3520, (806) 796-7092.
(5) COMPANY: BP Amoco Chemical Company; DOCKET NUMBER: 2003-1280-AIR-E;
IDENTIFIER: Air Account Number BL-0002-S, Regulated Entity Identification
Number RN100238708; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY:
chemical manufacturing; RULE VIOLATED: 30 TAC §116.715(a), Air Permit
Number 95, and THSC, §382.085(b), by failing to comply with the volatile
organic compounds maximum allowable emission rate; PENALTY: $7,950; ENFORCEMENT
COORDINATOR: Miriam Hall, (512) 239- 1044; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Bay Oil Company; DOCKET NUMBER: 2003-1508-PST-E; IDENTIFIER:
Regulated Entity Identification Number RN101768711; LOCATION: Galveston, Galveston
County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to observe a valid and current delivery certificate before making
fuel deliveries to the facility between December 6, 2001 and November 14,
2002; PENALTY: $800; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(7) COMPANY: Bell County Water Control and Improvement District Number
1; DOCKET NUMBER: 2003-1354-MLM-E; IDENTIFIER: Public Water Supply (PWS) Number
0140016, Texas Pollutant Discharge Elimination System (TPDES) Permit Number
10351-003; LOCATION: Killeen, Bell County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number
10351-003, by failing to provide the required annual flow meter calibration
documentation, and failing to provide a copy of the annual sludge report;
the Code, §26.121(a), by failing to prevent the unauthorized discharge
of sludge; 30 TAC §305.125(5), by failing to properly operate and maintain
the facility's system of treatment and control to achieve compliance with
permit conditions; 30 TAC §§305.125(9), 327.3(b), and 319.302(b)(3),
by failing to notify the executive director, local officials, and media within
24 hours of an unauthorized discharge; 30 TAC §290.45(b)(2)(A) and (e)(2),
by failing to provide service pump capacity of 0.6 gallons per minute per
connection with the largest pump out of service; 30 TAC §290.43(c), by
failing to provide an overflow pipe flap valve assembly with a mechanical
seal with a gap of no more than 1/16 inch; 30 TAC §290.41(e)(2)(C), by
failing to establish a 200 feet radius restricted zone from the raw water
intake; 30 TAC §290.46(f)(3)(D)(ii), by failing to provide records to
demonstrate that the facility's water storage and pressure maintenance facilities
have been inspected annually; 30 TAC §290.46(m)(4), by failing to maintain
all water related appurtenances in a watertight condition; 30 TAC §290.46(s)(2)(C)(ii),
by failing to calibrate the disinfectant residual analyzer at least once every
90 days; and 30 TAC §290.43(e), by failing to provide a properly constructed
intruder-resistant fence around Fort Hood's three storage tanks; PENALTY:
$17,780; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE:
6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(8) COMPANY: Bollinger Texas City, L.P.; DOCKET NUMBER: 2003-1301-AIR-E;
IDENTIFIER: Air Account Number GB-0593-H, Regulared Entity Identification
Number RN100218627; LOCATION: Texas City, Galveston County, Texas; TYPE OF
FACILITY: ship sandblasting; RULE VIOLATED: 30 TAC §122.145(2)(A), §122.146(2),
and THSC, §382.085(b), by failing to submit the annual Title V permit
compliance certification within 30 days after the end of the certification
period and failing to document in the Title V deviation report all instances
of deviations that occurred during the prior reporting period; PENALTY: $2,725;
ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Calpine Natural Gas, L.P.; DOCKET NUMBER: 2003-1231-AIR-E;
IDENTIFIER: Air Account Number BL-0441-L, Regulated Entity Identification
Number RN102568987; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY:
natural gas production; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b),
by failing to submit Form ECT-3, Level of Activity Certification, in a timely
manner; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(10) COMPANY: E. R. Carpenter, L.P.; DOCKET NUMBER: 2003-1438-AIR-E; IDENTIFIER:
Air Account Number HG-0141-U; LOCATION: Pasadena, Harris County, Texas; TYPE
OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c),
40 CFR §60.18(c)(3)(ii), Air Permit Number 4757, and THSC, §382.085(b),
by failing to meet the minimum net heating value of 200 British thermal units/cubic
feet at standard conditions for the P5 flare; PENALTY: $1,580; ENFORCEMENT
COORDINATOR: Kim Morales, (712) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Casita Enterprises, Inc.; DOCKET NUMBER: 2003-1305-AIR-E;
IDENTIFIER: Title V Operating Permit Number O-01802, Regulated Entity Identification
Number RN100215664; LOCATION: Rice, Navarro County, Texas; TYPE OF FACILITY:
travel trailer and camper manufacturing; RULE VIOLATED: 30 TAC §122.146(2)
and THSC, §382.085(b), by failing to submit the annual Title V compliance
certification no later than 30 days after the end of the certification period;
PENALTY: $1,540; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.
(12) COMPANY: El Paso Field Services Management, Inc.; DOCKET NUMBER: 2003-1233-
AIR-E; IDENTIFIER: Air Account Number DI-0016-B; LOCATION: Carrizo Springs,
Dimmit County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE
VIOLATED: 30 TAC §122.121, and THSC, §382.085(b) and §382.054,
by continuing to operate without a federal operating permit; and 30 TAC §122.505(c),
by failing to submit a general permit renewal application at least six months
before permit expiration; PENALTY: $3,680; ENFORCEMENT COORDINATOR: Trina
Grieco, (713) 767-3500; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas
78040-8752, (956) 791-6611.
(13) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2003-1453-
AIR-E; IDENTIFIER: Air Account Number SK0021C, Regulated Entity Identification
Number RN102456597; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY:
tire manufacturing; RULE VIOLATED: 30 TAC §122.145(2)(B) and §122.146(2),
and THSC, §382.085(b), by failing to submit Title V compliance certifications
and deviation reports in a timely manner for the Kelly Springfield Tire Tyler
Manufacturing Plant; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Tom Greimel,
(512) 239-5690; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(14) COMPANY: Enhanced Business Corporation dba Food Store; DOCKET NUMBER:
2003- 1006-PST-E; IDENTIFIER: PST Facility Identification Number 35344; LOCATION:
Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance; PENALTY: $3,150; ENFORCEMENT
COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: J & J Business, Inc.; DOCKET NUMBER: 2003-1043-PST-E;
IDENTIFIER: PST Facility Identification Number 0020457, Regulated Entity Identification
Number RN101466712; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY:
convenience store with gasoline sales; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III),
and the Code, §26.3475(a), by failing to test a line leak detector at
least once per year for operational reliability; 30 TAC §334.50(b)(2)(A)(ii)(I),
and the Code, §26.3475(c)(1), by failing to conduct piping tightness
tests at least once per year for pressurized piping; 30 TAC §334.49(c)(2)(C)
and (e)(2)(B)(I), by failing to check rectifier once every 60 days for impressed
current systems; and 30 TAC §334.7(d)(3), by failing to provide amended
registration for any change or additional information regarding USTs within
30 days from the date of the occurrence of the change or addition, or within
30 days of the date on which the owner or operator first became aware of the
change or addition; PENALTY: $5,775; ENFORCEMENT COORDINATOR: Sunday Udoetok,
(512) 239-0739; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(16) COMPANY: Maverick Tube, L.P.; DOCKET NUMBER: 2003-1402-AIR-E; IDENTIFIER:
Air Account Number MQ-0028-B; LOCATION: Conroe, Montgomery County, Texas TYPE
OF FACILITY: tube manufacturing; RULE VIOLATED: 30 TAC §122.146(2) and
THSC, §382.085(b), by failing to submit an annual compliance certification
within 30 days after the end of the July 16, 2001 - July 15, 2002 certification
period; PENALTY: $2,120; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(17) COMPANY: WEB/VDJ, Inc.; DOCKET NUMBER: 2003-1422-MWD-E; IDENTIFIER:
TPDES Permit Number 11350-001, Regulated Entity Identification Number RN101717015;
LOCATION: Trinity, Trinity County, Texas; TYPE OF FACILITY: domestic wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11350-001,
and the Code, §26.121(a), by failing to comply with the permitted limits
at Outfall 001; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Todd Huddleson,
(512) 239-1105; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(18) COMPANY: Memorial Hills Utility District; DOCKET NUMBER: 2003-1441-MWD-E;
IDENTIFIER: TPDES Permit Number 11044-001; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 11044-001, and the Code, §26.121(a), by failing to
comply with effluent limitations; PENALTY: $1,520; ENFORCEMENT COORDINATOR:
Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(19) COMPANY: Port Arthur Retails, Inc.; DOCKET NUMBER: 2003-0986-PST-E;
IDENTIFIER: PST Station Identification Number 0016557, Regulated Entity Reference
Number RN102890407; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to immediately
make available records of all repairs/replacements conducted on any part of
the Stage II equipment, records of daily and monthly inspections, and proof
of attendance and completion of training for each employee; and 30 TAC §115.246(1),
by failing to maintain a copy of the California Air Resource Board Executive
Order G 70-153 at the station; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Sheila
Smith, (512) 239-1670; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas
77703-1892, (409) 898-3838.
(20) COMPANY: Catangok Chung dba Quality Fuel 2; DOCKET NUMBER: 2003-1279-PST-
E; IDENTIFIER: PST Facility Identification Number 001939; LOCATION: Socorro,
El Paso 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(c)(1),
by failing to monitor the USTs for releases at a frequency of at least once
per month, not to exceed 35 days between each monitoring; 30 TAC §334.50(b)(2)
and THSC, §26.3475(a), by failing to conduct an annual tightness test
and monitor pressurized piping for releases at a frequency of at least once
per month, not to exceed 35 days between each monitoring; and 30 TAC §334.51(b)(2)(C)
and the Code, §26.3475(c)(2), by failing to install overfill prevention
on the diesel UST; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Brad Brock, (512)
239-1165; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas
79901-1206, (915) 834-4949.
(21) COMPANY: Regal Food Service, Inc.; DOCKET NUMBER: 2003-0485-AIR-E;
IDENTIFIER: Fleet Identification Number 10276, Regulated Entity Reference
Number RN100678895; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY:
food service distribution; RULE VIOLATED: 30 TAC §114.155(a) and THSC, §382.085(b),
by failing to submit a biennial fleet report in a timely manner; PENALTY:
$1,050; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(22) COMPANY: Sea Lion Technology, Inc.; DOCKET NUMBER: 2003-1454-AIR-E;
IDENTIFIER: Air Account Number GB-0067-K, Regulated Entity Reference Number
RN100870179; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY:
specialty chemical manufacturing; RULE VIOLATED: 30 TAC §101.359 and
THSC, §382.085(b), by failing to submit Form ECT-1, Annual Compliance
Report, in a timely manner; PENALTY: $776; ENFORCEMENT COORDINATOR: Craig
Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(23) COMPANY: City Int'l., LTD. dba Snappy Mart 4; DOCKET NUMBER: 2003-0323-PST-
E; IDENTIFIER: PST Facility Identification Number 0034055; LOCATION: Baytown,
Chambers County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §115.246(4) and THSC, §382.085(b),
by failing to maintain documentation of stage II vapor recovery (SII) training
for each employee; 30 TAC §115.246(6), by failing to maintain a SII daily
inspection log; and 30 TAC §115.245(1), by failing to successfully complete
a SII full system test within 30 days after the installation of the SII system;
PENALTY: $2,500; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(24) COMPANY: Southwestern Electric Power dba Pirkey Power Plant; DOCKET
NUMBER: 2003-1220-PWS-E; IDENTIFIER: PWS Number 1020059; LOCATION: Hallsville,
Harrison County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.111(b)(2)(A), by failing to meet turbidity levels for the
months of April, May, August, and September, 2002; PENALTY: $488; ENFORCEMENT
COORDINATOR: Kent Heath, (512) 239- 4575; REGIONAL OFFICE: 2916 Teague Drive,
Tyler, Texas 75701-3756, (903) 535-5100.
(25) COMPANY: Bradley Glasscock dba Super C West; DOCKET NUMBER: 2003-1015-PST-
E; IDENTIFIER: PST Facility Identification Number 25321; LOCATION: Henderson,
Rusk County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to
demonstrate acceptable financial assurance; PENALTY: $2,850; ENFORCEMENT COORDINATOR:
Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas
75701-3756, (903) 535-5100.
(26) COMPANY: James O. Teague; DOCKET NUMBER: 2003-1445-MLM-E; IDENTIFIER:
Regulated Entity Reference Number RN102997947; LOCATION: near Somerville,
Bosque County, Texas; TYPE OF FACILITY: private residence; RULE VIOLATED:
30 TAC §111.201 and THSC, §382.085(b), by failing to comply with
outdoor burning rules by burning unauthorized waste; and 30 TAC §330.5(a),
by failing to properly dispose of municipal solid waste; PENALTY: $0; ENFORCEMENT
COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(27) COMPANY: Texas Parks and Wildlife Department; DOCKET NUMBER: 2003-0185-
MWD-E; IDENTIFIER: TPDES Permit Number 11234-001; LOCATION: Tuscola, Taylor
County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 11234-001, and the Code, §26.121(a), by failing to
comply with its daily average total suspended solids (TSS) of 20 milligrams
per liter (mg/L) and its TSS single grab sample limit of 65 mg/L for the months
of September 2001 and November 2001 - January 2002; PENALTY: $1,552; ENFORCEMENT
COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(28) COMPANY: Valero Refining Company - Texas, L.P.; DOCKET NUMBER: 2002-1217-
IWD-E; IDENTIFIER: TPDES Permit Number 00449-000, Regulated Entity Reference
Number RN100238385; LOCATION: Texas City, Galveston County, Texas; TYPE OF
FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125, TPDES
Permit Number 00449- 000, and the Code, §26.121(a), by failing to comply
with permitted effluent limits for whole effluent toxicity, TSS, chemical
oxygen demand, and oil and grease; PENALTY: $75,150; ENFORCEMENT COORDINATOR:
Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
TRD-200401689
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 3, 2004
List of Late Filers
Listed below are the names of filers from the Texas Ethics Commission who
did not file reports, or failed to pay penalty fines for late reports in reference
to the listed filing deadline. If you have any questions, you may contact
Robbie Miller at (512) 463-5800 or (800) 325-8506.
Deadline: Monthly MPAC Report Due August 5, 2003
Charles B. Wilkison, Combined Law Enforcement Assns. of Texas PAC, 400
West 14th #200, Austin, Texas 78701
Deadline: Monthly MPAC Report Due September 5, 2003
Charles B. Wilkison, Combined Law Enforcement Assns. of Texas PAC, 400
West 14th #200, Austin, Texas 78701
Deadline: Monthly MPAC Report Due October 6, 2003
Charles B. Wilkison, Combined Law Enforcement Assns. of Texas PAC, 400
West 14th #200, Austin, Texas 78701
Deadline: Monthly MPAC Report Due November 5, 2003
Ronald Martin, Houston Police Officers Union PAC, 1602 State Street, Houston,
Texas 77007
Carvel McNeil, Jr., Houston Police Patrolmen's Union PAC, 1900 North Loop
West #540, Houston, Texas 77018
Don L. King, Sensitive Care PAC, 500 N. Akard St. #3960, Dallas, Texas
75201-6604
Michael B. Pesses, Sheriff's Deputies of Bexar County Law Enforcement Organization
PAC, 19 Rustic Bend, San Antonio, Texas 78230-1471
Leonard T. Dunnahoe, Uncommon Sense, 400 Valley Cove Drive, Richardson,
Texas 75080-1843
Jennifer N. Stevens, Texas Assn. of Preferred Providers Organizations PAC,
816 Congress Avenue, Suite 1100, Austin, Texas 78701-2471
Lance T. Loeffler, Friends of Biotechnology PAC, 301 Congress Avenue, Suite
1850, Austin, Texas 78701
L. Rena Thompson, Women in Commerce, 9898 Bissonnet, Suite 284, Houston,
Texas 77036
Deadline: Monthly MPAC Report Due December 5, 2003
Carvel McNeil Jr., Houston Police Patrolmen's Union PAC, 1900 North Loop
West #540, Houston, Texas 77018
Jeffrey J. Benavidez, San Antonio Ironworkers PAC, 4318 Clark Avenue, San
Antonio, Texas 78223
Charles B. Wilkison, Combined Law Enforcement Assns. of Texas PAC, 400
West 14th #200, Austin, Texas 78701
Don L. King, Sensitive Care PAC, 500 N. Akard Street #3960, Dallas, Texas
75201-6604
Leonard T. Dunnahoe, Uncommon Sense, 400 Valley Cove Drive, Richardson,
Texas 75080-1843
Peter Hwang, Houston 80-20 PAC, 8300 Bender Road, Humble, Texas 77396
James E. Evans, Texans for Academic Excellence, 1504 San Antonio, Austin,
Texas 78701
Deadline: Monthly MPAC Report Due January 5, 2004
Carvel McNeil Jr., Houston Police Patrolmen's Union PAC, 1900 N. Loop West
#540, Houston, Texas 77018
Don L. King, Sensitive Care PAC, 500 N. Akard Street #3960, Dallas, Texas
75201-6604
L. Rena Thompson, Women in Commerce, 9898 Bissonet, Suite 284, Houston,
Texas 77036
James E. Evans, Texans for Academic Excellence, 1504 San Antonio, Austin,
Texas 78701
TRD-200401552
Karen Lundquist
Executive Director
Texas Ethics Commission
Filed: February 26, 2004
Licensing Actions for Radioactive Materials
TRD-200401680
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 3, 2004
Notice is hereby given by the Texas Department of Health (department),
Bureau of Radiation Control that it has amended Radioactive Material License
Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews
County, Texas, one mile North of State Highway 176; 250 feet East of the Texas/New
Mexico State Line; 30 miles West of Andrews, Texas.
The issuance of amendment number 24 authorizes the licensee to package
23,590 cubic feet of waste in containers that meet the requirements of strong,
tight containers in Title 49 of the Code of Federal Regulations (49 CFR),
instead of being packaged to meet the requirements for transport according
to 49 CFR.
The department has determined that the amendment of the license, 25 Texas
Administrative Code (TAC), Chapter 289, and the documentation submitted by
the licensee provide reasonable assurance that the licensee's radioactive
waste facility is sited, designed, operated, and will be decommissioned and
closed in accordance with the requirements of 25 TAC, Chapter 289; the amendment
of the license will not be inimical to the health and safety of the public
or the environment; and the activity represented by the amendment of the license
will not have a significant effect on the human environment.
This notice affords the opportunity for a public hearing upon written request
within 30 days of the date of publication of this notice by a person affected
as required by Texas Health and Safety Code, §401.116 and as set out
in 25 TAC, §289.205(f). A "person affected" is defined as a person who
demonstrates that the person has suffered or will suffer actual injury or
economic damage and, if the person is not a local government, is (a) a resident
of a county, or a county adjacent to a county, in which the radioactive material
is or will be located; or (b) doing business or has a legal interest in land
in the county or adjacent county.
A person affected may request a hearing by writing Mr. Richard A. Ratliff,
P.E., Chief, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas
78756-3189. Any request for a hearing must contain the name and address of
the person who considers himself affected by this action, identify the subject
license, specify the reasons why the person considers himself affected, and
state the relief sought. If the person is represented by an agent, the name
and address of the agent must be stated. Should no request for a public hearing
be timely filed, the agency action will be final.
A public hearing, if requested, shall be conducted in accordance with the
provisions of Texas Health and Safety Code, Chapter 401, the Administrative
Procedure Act (Chapter 2001, Texas Government Code), the formal hearing procedures
of the department (25 TAC, §1.21 et seq.) and the procedures of the State
Office of Administrative Hearings (1 TAC, Chapter 155).
A copy of the license amendment and supporting materials are available,
by appointment, for public inspection and copying at the office of the Bureau
of Radiation Control, Texas Department of Health, Exchange Building, 8407
Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m.
Monday-Friday (except holidays). Information relative to inspection and copying
the documents may be obtained by contacting Chrissie Toungate, Custodian of
Records, Bureau of Radiation Control.
TRD-200401703
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 3, 2004
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 to Stork Southwestern Laboratories, Inc.
(licensee-L05269) of Houston. A total penalty of $5,000 is proposed to be
assessed the licensee for alleged violations of 25 Texas Administrative Code,
Chapter 289.
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-200401702
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 3, 2004
Announcement of the 2004 Public Hearing Schedule for Comment on the 2004 Housing Tax Credit Applications
Housing Tax Credit Program
The Texas Department of Housing and Community Affairs’ (the "Department")
programs were created to provide decent, safe and sanitary housing opportunities
for low and very low income Texans. The Housing Tax Credit (HTC) Program assists
in building affordable housing through the issuance of federal tax credits
used to fund new construction and rehabilitation of multifamily residential
Developments. The tax credits allow the Developments to be leased to qualified
families at or below market rents.
The following 13 public hearings are provided to gather public comment
on the 2004 HTC Applications. The schedule of these meetings is provided below:
Waco, Region 8
Monday, April 12
10:00 a.m.
Heart of Texas Council of Governments
300 Franklin
Waco, TX 76701
(254) 756-7822
Austin, Region 7
Monday, April 12
3:00 p.m.
TDHCA Board Room
507 Sabine, 4th Floor
Austin, Texas 78701
(512) 475-3800
Longview, Region 4
Tuesday, April 13
10:00 am
Longview Public Library
222 West Cotton Street
Longview, TX 75601
(903) 237-1350
Dallas, Region 3
Tuesday, April 13
7:00 p.m.
Dallas Public Library
West Room
1515 Young Street
Dallas, TX 75201
(214) 670-7846
Wichita Falls, Region 2
Wednesday, April 14
12:00 p.m
Nortex Regional Planning Commission
4309 Jacksboro Hwy. Ste. 200
Wichita Falls, TX 76302
(940) 322-5281
Lubbock, Region 1
Thursday, April 15
8:00 a.m.
Mahon Public Library
1306 9th Street
Lubbock, TX 79401
(806) 775-2824
San Antonio, Region 9
Monday, April 19
3:00 p.m.
City Council Chambers
114 W. Commerce
San Antonio, TX 78205
(210) 207-7197
Harlingen, Region 11
Tuesday, April 20
9:00 a.m.
Harlingen Public Library
410 76th Drive
Harlingen, TX 78556
(956) 427-8841
Corpus Christi, Region 10
Tuesday, April 20
7:00 p.m
Grant Middle School (Cafeteria)
4350 Aaron
Corpus Christi, TX 78413
(361) 886-9008
Lufkin, Region 5
Wednesday, April 21
9:00 a.m.
City Council Chambers
300 East Shepherd (Entrance on 3rd Street)
Lufkin, TX 75904
(936) 633-0244
Houston, Region 6
Wednesday, April 21
6:00 p.m.
City Hall Annex Chambers
900 Bagby
Public Level
Houston, TX 77002
(713) 247-2939
El Paso, Region 13
Thursday, April 22
10:00 a.m.
El Paso County Courthouse
500 E. San Antonio
El Paso, TX 79901
(915) 546-2009
San Angelo, Region 12
Friday, April 23
12:00 p.m.
City Council Chambers
72 West College Avenue
San Angelo, TX 76902
(325) 657-4241
A detailed log of all 2004 Applications are posted to the Department’s
website at the following link: http://www.tdhca.state.tx.us
Written comments are also encouraged. Such comments should be addressed
to:
Multi-Family Finance Division
Texas Department of Housing and Community Affairs
Post Office Box 13941
Austin, Texas 78711-3941
For additional information you may contact the 2004 Application liaison,
Jennifer Joyce at 512.475.3995 or visit the program's web site at www.tdhca.state.tx.us.
Individuals who require auxiliary aids or services for these meetings 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.
TRD-200401700
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 3, 2004
FY 2004 Texas Bootsrap Loan Program
The Texas Department of Housing and Community Affairs (TDHCA), through
its Office of Colonia Initiatives (OCI), is pleased to announce that it will
make available approximately Three Million Dollars ($3,000,000) utilizing
State of Texas Housing Trust Fund to purchase or refinance real property on
which to build new residential housing or improve existing residential housing
through self-help construction for very low and extremely low income individuals
and families (Owner-Builders); including persons with special needs.
TDHCA administers the Texas Bootstrap Loan Program (the Program) by working
through certified Nonprofit Owner-Builder Housing Organizations.
In an effort to encourage the production of affordable housing for individuals
and families of extremely low income, TDHCA is meeting its goal of directing
the funds in accordance with Section § 2306.753(a) of the Texas Government
Code. The maximum amount of funding per organization is $600,000. The maximum
loan amount using TDHCA funds may not exceed $30,000 per household. The total
amount of loans made with TDHCA and any other source combined may not exceed
$60,000 per household. TDHCA, may, at its discretion, award funds above the
maximum $600,000 award limit to eligible organizations that have in the past
demonstrated successful implementation of this initiative. Projects utilizing
additional non-TDHCA resources will be required to provide additional documentation
identifying the sources of these additional funds and information about their
rates and terms.
Eligibility requirements establish a priority for loans made to Owner-Builders,
as set out in Section § 2306.753, Texas Government Code, with an annual
income of less than $17,500.
To be eligible for a loan, an Owner-Builder:
(1) may not have an annual income that exceeds 60 percent, as determined
by TDHCA, of the greater of the state or local Area Median Family Income (AMFI),
when combined with the income of any person who resides with the Owner-Builder;
(2) must have resided in this state for the preceding six months;
(3) must have successfully completed an owner-builder education class;
and
(4) must agree to:
(A) provide at least 60 percent of the labor necessary to build or rehabilitate
the proposed housing by working through a certified Nonprofit Owner-Builder
Housing Organizations; or
(B) provide an amount of labor equivalent to the amount required in connection
with building or rehabilitating housing for others through a certified Nonprofit
Owner-Builder Housing Organization;
(C) TDHCA may select Nonprofit Owner-Builder Housing Organizations to certify
the eligibility of Owner-Builders to receive a loan. A certified Owner-Builder
Nonprofit Housing Organization selected by TDHCA shall use the eligibility
requirements established by TDHCA to certify the eligibility of an Owner-Builder
for this program.
Eligible applicants include Colonia Self-Help Centers and State Certified
Nonprofit Owner-Builder Housing Organizations in accordance with Section §
2306.755 of the Texas Government Code:
(1) qualify potential owner-builders for loans under this subchapter;
(2) provide owner-builder education classes;
(3) assist owner-builders in building housing; and
(4) administer loans made by the department under this subchapter.
In accordance with Section § 2306.753(d) of the Texas Government code,
as amended, TDHCA shall set aside at least two-thirds of the available funds
for Owner-Builders whose property is located in an Economically Distressed
Area Program (EDAP) counties, as defined under Subchapter K, Chapter 17, Water
Code
Bee
Brewster
Brooks
Cameron
Culberson
Dimmit
Duval
El Paso
Frio
Hidalgo
Hudspeth
Jeff Davis
Jim Wells
Kinney
La Salle
Liberty
Marion
Matagorda
Maverick
Newton
Presidio
Red River
Reeves
Sabine
San Patricio
Starr
Terrell
Tyler
Uvalde
Val Verde
Ward
Webb
Willacy
Winkler
Zapata
Zavala
The remainder of the funding will be available to TDHCA certified Nonprofit
Owner-Builder Housing Organizations in the State of Texas. The amounts available
for distribution are as follows
$1,000,000 State of Texas
$2,000,000 Economically Distressed Areas (EDA)
Applicants who have received a Texas Bootstrap Loan Program award in the
past must have expended and/or have under construction 75% of its previous
award to be considered under this NOFA as of May 7, 2004
General Information for NOFA:
Applications meeting threshold criteria will be evaluated and scored within
categories, including but not limited to Operational Capacity and Experience,
Financial Design, Quality of Program Design, Leveraging of Public and Private
Resources, and Underserved Areas and Population. Applications will then be
selected based on program scoring criteria underwriting criteria, and geographic
dispersion. In accordance with Section § 2306.757 of the Texas Government
Code, TDHCA shall give priority to loans to owner-builders who will reside
in counties or municipalities that agree in writing to waive capital recovery
fees, building permit fees, inspection fees or other fees related to the building
of the housing to be built with the loan proceeds. TDHCA desires to select
a diverse group of certified owner-builder nonprofit housing organizations
that will serve various populations throughout the state.
Applicants for this program are encouraged to download the FY 2004 Texas
Bootstrap Loan Program application package from TDHCA’s web-site located
at http://www.tdhca.state.tx.us/htf.htm. Applicants may also request a hard
copy version of the application package. Application packages will be transmitted
via first class U.S. Postal Service unless applicants request transmittal
via overnight courier and provide the name and account number of their desired
courier.
TDHCA's Board of Directors reserves the right to change the award amount,
and to award less than the requested amount.
Applications must be submitted on or before 5:00 p.m., Friday May 7, 2004.
FAXED APPLICATIONS WILL NOT BE ACCEPTED.
All interested parties are encouraged to participate in this program. Applications
will be available on March 12, 2004. Technical Assistance for this application
will be provided during March 12- May 7, 2004. For additional information,
time and date of workshops, or to request an application package, please call
Phyllis A. Calderon with the Office of Colonia Initiatives at (800) 462-4251,
check TDHCA’s web-site at www.tdhca.state.tx.us or e-mail your request
to pbuenros@tdhca.state.tx.us. Please direct your applications to:
Texas Department of Housing and Community Affairs
ATTN: Office of Colonia Initiatives
Post Office Box 13941
Austin, Texas 78711-3941
Or by courier to:
507 Sabine, Suite 400
Austin, Texas 78701
TRD-200401695
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 3, 2004
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Department") at 507 Sabine Street,
Room 436, Austin, Texas, at 12:00 noon on March 26, 2004, with respect to
an issue of taxable junior lien single family mortgage revenue bonds (the
"Bonds") to be issued in an aggregate face amount of not more than $7,500,000.
The proceeds of the Bonds will be used to finance an estimated $7,500,000
of down payment and closing cost assistance made to eligible very low, low
and moderate income first-time home buyers for the purchase of homes located
within the State of Texas and to fund reserves and to pay costs of issuance
of the Bonds. Borrowers eligible to receive down payment and closing cost
assistance include individuals and families whose family income does not exceed,
(i) for families of three or more persons, 115% (140% in certain targeted
areas) of the area median income, and (ii) for individuals and families of
two persons, 100% (120% in certain targeted areas) of the area median income.
In addition, all of the borrowers will be required to be persons who have
not owned a principal residence during the preceding three years. Further,
the residences purchased by borrowers who receive down payment and closing
cost assistance will be subject to certain other limitations, including limits
on the purchase prices of the residences being acquired. The income, purchase
price and other limitations described in this paragraph are subject to revision
and adjustment from time to time by the Department pursuant to Department
policy.
All interested parties are invited to attend such public hearing to express
their views with respect to the Department's mortgage loan finance program
and the issuance of the Bonds. Questions or requests for additional information
may be directed to Matt Pogor at the Texas Department of Housing and Community
Affairs, 507 Sabine Street, 9th Floor, Austin, Texas 78701; (512) 475-3987.
Persons who intend to appear at the hearing and express their views are
invited to contact Matt Pogor in writing in advance of the hearing. Any interested
persons unable to attend the hearing may submit their views in writing to
Matt Pogor prior to the date scheduled for the hearing.
TDHCA WEBSITE: www.tdhca.state.tx.us/hf.htm
Individuals who require auxiliary aids for the hearing 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 hearing so that appropriate arrangements can
be made.
Non-English speaking individuals who require interpreters for this hearing
should contact Matt Pogor at (512) 475-3987 at least three days before the
hearing so that appropriate arrangements can be made.
This notice is published and the above-described hearing is to be held
in satisfaction of the requirements of State law.
TRD-200401679
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 3, 2004
Public Meeting Notice
Public Meeting on the Draft 2025 Regional Transportation
Concept Plan
Houston-Galveston Area Council
3555 Timmons Lane
Houston, Texas 77027
Tuesday, March 23, 2004
2nd Floor, Conference Room A
6 p.m. - 8 p.m.
On Tuesday, March 23, 2004, the Houston-Galveston Area Council (H-GAC)
will host a public meeting on the Draft 2025 Regional Transportation Plan
(RTP). The 2025 RTP provides a framework for identifying transportation priorities
and major transportation challenges, such as regional mobility, air quality
and safety. The public is encouraged to attend this important meeting and
provide comments to H-GAC on the draft plan.
The public comment period on the Draft 2025 RTP begins
Tuesday, March 9, 2004
. Comments must be received by H-GAC no later
than
5 p.m., Thursday, April 8, 2004
. Copies
of the Draft 2025 RTP will be available beginning March 9 on H-GAC's Transportation
Web site,
www.h-gac.com/transportation
, or by
calling Ursurla Williams at (713) 993-2455. Written comments may be submitted
to Alan Clark, MPO Director, Houston-Galveston Area Council, P.O. Box 22777,
Houston, Texas 77227-2777, e-mailed to alan.clark@h-gac.com or faxed to (713)
993-4508.
In compliance with the Americans with Disabilities Act, H-GAC will provide
for reasonable accommodations for persons with disabilities attending H-GAC
functions. Requests should be received by H-GAC 24 hours prior to the function.
Call Kim Green at (713) 993-4577 to make arrangements.
TRD-200401673
Alan Clark
MPO Director
Houston-Galveston Area Council
Filed: March 2, 2004
Company Licensing
Application to change the name of GE CASUALTY INSURANCE COMPANY to AIG
PREMIER INSURANCE COMPANY, a foreign fire and/or casualty company. The home
office is in Fort Washington, Pennsylvania.
Application to change the name of GE INDEMNITY INSURANCE COMPANY to AIG
INDEMNITY INSURANCE COMPANY, a foreign fire and/or casualty company. The home
office is in Fort Washington, Pennsylvania.
Application to change the name of GE PROPERTY & CASUALTY INSURANCE
COMPANY to AIG CENTENNIAL INSURANCE COMPANY, a foreign fire and/or casualty
company. The home office is in Fort Washington, Pennsylvania.
Application to change the name of GE AUTO & HOME ASSURANCE COMPANY
to AIG PREFERRED INSURANCE COMPANY, a foreign fire and/or casualty company.
The home office is in Fort Washington, Pennsylvania.
Application for admission to the State of Texas by DIVERSIFIED TITLE INSURANCE
COMPANY, a foreign title company. The home office is in Anaheim, California.
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-200401691
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: March 3, 2004
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by The Charter Oak Fire Insurance Company
proposing to use rates for private passenger automobile insurance that are
outside the upper or lower limits of the flexibility band promulgated by the
Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g).
The Company is requesting flex percentages +26 to +48 by coverage and territory.
The overall rate change is +11.0%.
Copies of the filing may be obtained by contacting Judy Deaver, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 322-3478.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101 §3(h), is made with
the Chief Actuary for P&C, Phil Presley, at the Texas Department of Insurance,
MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 29, 2004.
TRD-200401602
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: February 27, 2004
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by The Travelers Indemnity Company of Connecticut
proposing to use rates for private passenger automobile insurance that are
outside the upper or lower limits of the flexibility band promulgated by the
Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g).
The Company is requesting flex percentages +73 for Liability and +47 for Physical
Damage, by territory. The overall rate change is +10.9%.
Copies of the filing may be obtained by contacting Judy Deaver, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 322-3478.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101 §3(h), is made with
the Chief Actuary for P&C, Phil Presley, at the Texas Department of Insurance,
MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 29, 2004.
TRD-200401603
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: February 27, 2004
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by The Travelers Indemnity Company proposing
to use rates for private passenger automobile insurance that are outside the
upper or lower limits of the flexibility band promulgated by the Commissioner
of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company
is requesting flex percentages +79 for Liability and +74 for Physical Damage,
by territory. The overall rate change is +10.6%.
Copies of the filing may be obtained by contacting Judy Deaver, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 322-3478.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101 §3(h), is made with
the Chief Actuary for P&C, Phil Presley, at the Texas Department of Insurance,
MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 29, 2004.
TRD-200401604
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: February 27, 2004
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 BLOCK VISION, INC., a foreign third
party administrator. The home office is NEWARK, NEW JERSEY.
Application for admission to Texas of PATHMARK ADMINISTRATORS, INC., a
foreign third party administrator. The home office is LINCOLN, NEBRASKA.
Application for incorporation in Texas of CONEXIS BENEFITS ADMINISTRATORS,
L.P., a domestic third party administrator. The home office is DALLAS, TEXAS.
Application for incorporation in Texas of HEALTH AND LIFE ADMINISTRATORS
INC., a domestic third party administrator. The home office is ROBERT LEE,
TEXAS.
Application for incorporation in Texas of ASSOCIATION MEMBER BENEFITS ADVISORS,
LTD., a domestic third party administrator. The home office is AUSTIN, TEXAS.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Matt Ray, MC 107-1A,
333 Guadalupe, Austin, Texas 78701.
TRD-200401524
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: February 26, 2004
Instant Game Number 431 "Wild Bill"
1.0 Name and Style of Game.
A. The name of Instant Game No. 431 is WILD BILL". The play style is "key
number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 431 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 431.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol- The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: $2.00, $4.00, $5.00, $10.00, $20.00,
$60.00, $200, $600, $6,000, $20,000, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10,
11, 12, 13, 14, 15, and WILD SYMBOL.
D. Play Symbol Caption- the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) 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 boxed
four (4) digit Security Number 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, $5.00, $10.00, $20.00.
H. Mid-Tier Prize - A prize of $60.00, $200 or $600.
I. High-Tier Prize- A prize of $6,000 or $20,000.
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 (431), 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: 431-0000001-000.
L. Pack - A pack of "WILD BILL" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of two (2). Ticket
000 and 001 will be shown on the front of the pack; the backs of ticket 248
and 249 will show. Every other book will be opposite. 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 "WILD
BILL" Instant Game No. 431 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "WILD BILL"
Instant Game is determined once the latex on the ticket is scratched off to
expose 22 (twenty-two) Play Symbols. If the player matches any of the YOUR
NUMBERS play symbols to either of the LUCKY NUMBERS play symbols, the player
will win the prize shown for that number. If the player finds a WILD SYMBOL,
the player will win double 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 22 (twenty-two) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a book will not have identical
patterns.
B. Tickets can win up to 10 (ten) times.
C. Non-winning prize symbols will not match a winning prize symbol on a
ticket.
D. There will be no duplicate Lucky Numbers on a ticket.
E. Your Number will never equal the corresponding Prize symbol.
F. The doubler symbol (WILD SYMBOL) will never appear more than once on
a ticket.
G. The doubler symbol (WILD SYMBOL) will only appear on winning tickets.
H. The doubler symbol (WILD SYMBOL) will never appear as either of the
Lucky Numbers.
I. No duplicate non-winning Your Number play symbols on a ticket.
J. No prize symbol will appear more than two (2) times on a non-winning
ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "WILD BILL" Instant Game prize of $2.00, $4.00, $5.00, $10.00,
$20.00, $60.00, $200.00 or $600, 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 $60.00, $200.00 or $600 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "WILD BILL" Instant Game prize of $6,000 or $20,000, the
claimant must sign the winning ticket and present it at one of the Texas Lottery’s
Claim Centers. If the claim is validated by the Texas Lottery, payment will
be made to the bearer of the validated winning ticket for that prize upon
presentation of proper identification. When paying a prize of $600 or more,
the Texas Lottery shall file the appropriate income reporting form with the
Internal Revenue Service (IRS) and shall withhold federal income tax at a
rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "WILD BILL" 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 "WILD BILL"
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 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.7 Disclaimer. The number of actual prizes in a game may vary based on
sales, distribution, testing, and number of prizes claimed. An Instant Game
ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 7,920,000
tickets in the Instant Game No. 431. 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. 431 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. 431,
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-200401692
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 3, 2004
1.0 Name and Style of Game.
A. The name of Instant Game No. 432 is BLAZIN’ EIGHTS". The play
style in Game 1 is "row, column, diagonal". The play style in Game 2 is "match
up". The play style in Game 3 is "key symbol match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 432 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 432.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol- The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: $5.00, $8.00, $16.00, $24.00, $40.00,
$80.00, $400, $800, $8,000, $88,000, 1, 2, 3, 4, 5, 6, 7, 8, 9, CACTUS SYMBOL,
IRON BRAND SYMBOL, SUN SYMBOL, MAP SYMBOL, CASH SYMBOL, MONEY BAG SYMBOL,
COIN SYMBOL, WAGON SYMBOL, SPURS SYMBOL, LASSO SYMBOL, COWBOY HAT SYMBOL,
(CROOKED EIGHT) SYMBOL.
D. Play Symbol Caption- the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) 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 boxed
four (4) digit Security Number 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, $8.00, $16.00, or $24.00.
H. Mid-Tier Prize - A prize of $40.00, $80.00, or $400.
I. High-Tier Prize- A prize of $800, $8,000 or $88,000.
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 (432), 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: 432-0000001-000.
L. Pack - A pack of "BLAZIN’ EIGHTS" Instant Game tickets contains
75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two
(2). Ticket 000 will be shown on the front of the pack; the back of ticket
074 will be revealed on the back of the pack. Every other book will be reverse
(i.e.) the back of ticket 000 will be shown on the front of the pack and the
front of ticket 074 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 "BLAZIN’
EIGHTS" Instant Game No. 432 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 "BLAZIN’
EIGHTS" Instant Game is determined once the latex on the ticket is scratched
off to expose 38 (thirty-eight) Play Symbols. In Game 1, if the player gets
three EIGHT SYMBOLS in any one row, column or diagonal, the player will win
the prize shown. In Game 2, if the player matches three (3) identical prize
amounts, the player will win that prize. In Game 3, if the player matches
any of the YOUR SYMBOLS to the WINNING SYMBOLS, the player will win the prize
shown below that symbol. If the player gets an EIGHT SYMBOL, in any of the
YOUR SYMBOLS, the player will win the prize shown below that symbol instantly.
No portion of the display printing nor any extraneous matter whatsoever shall
be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 38 (thirty-eight) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 38 (thirty-eight)
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 38 (thirty-eight) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 38 (thirty-eight) 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. Game 1: Players can win only once in this play area.
C. Game 1: No ticket will contain three (3) or more of a kind other than
the "8" (EIGHT SYMBOL).
D. Game 1: Every ticket will contain at least four (4) "8" (EIGHT SYMBOLS).
The overall usage for the remaining play symbols will be approximately even.
E. Game 1: The "8" (EIGHT SYMBOL) is the only symbol that can be used to
make a winning line.
F. Game 1: On non-winning tickets, there will be at least one row, column
or diagonal with a pair of "8"’s (EIGHT SYMBOL).
G. Game 1: Winning tickets will contain only one (1) winning combination.
H. Game 1: Tickets will not contain four (4) "8" (EIGHT SYMBOLs) in all
four (4) corners.
I. Game 2: Players can win only once in this play area.
J. Game 2: There will never be more than one (1) set of three (3) like
prize amounts on a single ticket.
K. Game 2: There will never be more than three (3) like prize amounts on
a single ticket.
L. Game 3: Players can win up to ten (10) times in this play area.
M. Game 3: No duplicate non-winning prize symbols on a ticket.
N. Game 3: No more than two (2) like non-winning YOUR SYMBOLS on a ticket.
O. Game 3: Non-winning prize symbols will not match a winning prize symbol
on a ticket.
P. Game 3: The "8" (EIGHT SYMBOL) will never appear more than once on a
ticket.
Q. Game 3: The "8" (EIGHT SYMBOL) will only appear on winning tickets.
R. Game 3: The "8" (EIGHT SYMBOL) will never appear as one of the WINNING
SYMBOLS.
2.3 Procedure for Claiming Prizes.
A. To claim a "BLAZIN’ EIGHTS" Instant Game prize of $5.00, $8.00,
$16.00, $24.00, $40.00, $80.00 or $400, 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 $40.00, $80.00 or $400 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "BLAZIN’ EIGHTS" Instant Game prize of $800, $8,000
or $88,000, 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 "BLAZIN’ EIGHTS" 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 "BLAZIN’
EIGHTS" 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 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.7 Disclaimer. The number of actual prizes in a game may vary based on
sales, distribution, testing, and number of prizes claimed. An Instant Game
ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000
tickets in the Instant Game No. 432. 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. 432 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. 432,
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-200401693
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 3, 2004
1.0. Name and Style of Game.
A. The name of Instant Game Number 438 is "FIND THE 9'S". The play style
is "match up".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game Number 438 shall be $1.00 per ticket.
1.2. Definitions in Instant Game Number 438.
A. Display Printing--That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint--The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol--The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: $1.00, $2.00, $3.00, $5.00, $30.00, $50.00,
$300, 9 SYMBOL.
D. Play Symbol Caption--the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code--Three 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. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 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 boxed four digit Security
Number placed randomly within the Serial Number. The remaining nine 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 character interleaved two of five bar code which will
include a three digit game ID, the seven digit pack number, the three digit
ticket number and the nine digit Validation Number. The bar code appears on
the back of the ticket.
K. Pack-Ticket Number--A 13 digit number consisting of the three digit
game number (438), a seven digit pack number, and a three digit ticket number.
Ticket numbers start with 000 and end with 249 within each pack. The format
will be: 438-0000001-000.
L. Pack--A pack of "FIND THE 9'S" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of five. Ticket 000
to 004 will be on the top page; tickets 005 to 009 will be 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 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 "FIND
THE 9'S" Instant Game Number 438 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 Play Symbols. If the player gets three identical
prize amounts, the player will win that amount. If the player finds any "9"
Play Symbols in the play area, the player will win the corresponding prize
in the prize legend. No portion of the display printing nor any extraneous
matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1. Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly six Play Symbols must appear under the latex overprint on the
front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly six Play
Symbols under the latex overprint on the front portion of the ticket, exactly
one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket
Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the six Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the six Play Symbols on the ticket must be printed in the Symbol
font and must correspond precisely to the artwork on file at the Texas Lottery;
the ticket Serial Numbers must be printed in the Serial font and must correspond
precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket
Number must be printed in the Pack-Ticket Number font and must correspond
precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2. Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical patterns.
B. No ticket will contain two sets of three matching prize amounts.
C. No prize amount will appear more than three times on a ticket.
D. No ticket will contain one or more "9" symbols and three identical prize
symbols.
E. The "9" symbol will never appear on non winning tickets.
F. Tickets can win only once.
G. The "9" symbol will appear as per the prize structure.
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 $30.00, $50.00, $90.00, or $300 ticket. In the event the Texas Lottery
Retailer cannot verify the claim, the Texas Lottery Retailer shall provide
the claimant with a claim form and instruct the claimant on how to file a
claim with the Texas Lottery. If the claim is validated by the Texas Lottery,
a check shall be forwarded to the claimant in the amount due. In the event
the claim is not validated, the claim shall be denied and the claimant shall
be notified promptly. A claimant may also claim any of the above prizes under
the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "FIND THE 9'S" Instant Game prize of $900, 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. Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code §466.408. Any prize not claimed within that period, and
in the manner specified in these Game Procedures and on the back of each ticket,
shall be forfeited.
2.7. Disclaimer. The number of actual prizes in a game may vary based on
sales, distribution, testing, and number of prizes claimed. An Instant Game
ticket may continue to be sold even when all the top prizes have been claimed.
3.0. Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0. Number and Value of Instant Prizes. There will be approximately 19,920,000
tickets in the Instant Game Number 438. 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 Number 438 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 Number
438, 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-200401606
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: February 27, 2004
1.0 Name and Style of Game.
A. The name of Instant Game No. 446 is "WEEKLY GRAND". The play style for
Game 1 is "yours beats theirs". The play style of Game 2 is "match 3 of 6".
The play style of Game 3 is "match 2 of 3".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 446 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 446.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol- The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00,
$4.00, $5.00, $10.00, $40.00, $100, $300, MONEY BAG SYMBOL, GOLD BAR SYMBOL,
POT OF GOLD SYMBOL, TOP HAT SYMBOL, CLOVER SYMBOL, DIAMOND SYMBOL, and GRAND
SYMBOL.
D. Play Symbol Caption- the printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) 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 boxed
four (4) digit Security Number 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, $5.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $40.00 or $300.
I. High-Tier Prize- A prize of $1,000 or $715,000 ($1,000 per week for
$20 years).
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 (446), 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: 446-0000001-000.
L. Pack - A pack of "WEEKLY GRAND" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets
000 and 001 will be on the top page; tickets 002 and 003 will be on the next
page, and so forth, and tickets 248-249 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 "WEEKLY
GRAND" Instant Game No. 446 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 "WEEKLY
GRAND" Instant Game is determined once the latex on the ticket is scratched
off to expose 15 (fifteen) play symbols. In Game 1, if the player’s
YOUR NUMBER beats THEIR NUMBER, in any one row across, the player will win
the prize for that row. If the player wins GRAND, the player will win $1,000
per week for 20 years. In Game 2, if the player matches 3 identical amounts,
the player will win that amount. If the player gets 3 GRAND symbols, the player
will win $1,000 per week for 20 years. In Game 3, if the player matches 2
out of 3 symbols, the player will win $20 instantly. No portion of the display
printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 15 (fifteen) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 15 (fifteen)
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 15 (fifteen) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 15 (fifteen) 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 three or more like non-winning prize symbols on a ticket.
C. Non-winning prize symbols will not match a winning prize symbol on a
ticket.
D. The GRAND symbol may only be used in Games 1 and 2.
E. Game 1: No ties between Yours and Theirs in a row.
F. Game 1: No duplicate games on a ticket.
G. Game 1: No duplicate non-winning prize symbols on a ticket.
H. Game 2: No 4 or more of a kind.
2.3 Procedure for Claiming Prizes.
A. To claim a "WEEKLY GRAND" Instant Game prize of $2.00, $4.00, $5.00,
$10.00, $20.00, $40.00, 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 $40.00 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. When claiming a "WEEKLY GRAND" Instant Game prize of $1,000 per week
for 20 years, the claimant must choose one of four (4) payment options for
receiving his prize:
1. Weekly via wire transfer to the claimant/winner’s account. This
will be similar to the current "WEEKLY GRAND" (Game 173) payment process.
With this plan, a payment of $1,000.00 less Federal withholding will be made
once a week for twenty years. After the initial payment, installment payments
will be made every Wednesday.
2. Monthly via wire transfer to the claimant/winner’s account. If
the claim is made during the month, the claimant/winner will still receive
the entire month’s payment. This will allow the flow of payments throughout
the 20 years to remain the same. With this plan, a payment of $4,337.00 less
Federal withholding will be made the month of the claim. Each additional month,
a payment of $4,333.00 less Federal withholding will be made once a month
for 20 years. After the initial payment, installment payments will be made
on the first business day of each month.
3. Quarterly via wire transfer to the claimant/winner’s account.
If the claim is made during the quarter, the claimant/winner will still receive
the entire quarter’s payment. This will allow the flow of payments throughout
the 20 years to remain the same. With this plan, a payment of $13,000.00 less
Federal withholding will be made each quarter (four times a year) for 20 years.
After the initial payment, installment payments will be made on the first
business day of the first month of every quarter (January, April, July, October).
4. Annually via wire transfer to the claimant/winner’s account. These
payments will be made in a manner similar to how jackpot payments are currently
handled. With this plan, a payment of $52,000.00 less Federal withholding
will be made once a year during the anniversary month of the claim for 20
years. After the initial payment, installment payments will be made on the
first business day of the anniversary month.
C. As an alternative method of claiming a "WEEKLY GRAND" Instant Game prize
of $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $300, 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 Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "WEEKLY GRAND"
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 "WEEKLY GRAND" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.7 Disclaimer. The number of actual prizes in a game may vary based on
sales, distribution, testing, and number of prizes claimed. An Instant Game
ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 25,200,000
tickets in the Instant Game No. 446. 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. 446 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. 446,
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-200401694
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: March 3, 2004
Notice of Application for Amendment to Certificated Service Area Boundary
Notice is given to the public of an application filed on February 23, 2004,
with the Public Utility Commission of Texas, for an amendment to a certificated
service area boundary.
Docket Style and Number: Application of Southwestern Bell Telephone, L.P.
d/b/a SBC Texas for Amendment to a Certificate of Convenience and Necessity
for Lockhart and Buda Exchanges. Docket Number 29372.
The Application: Southwestern Bell Telephone, L.P. d/b/a SBC Texas (SBC
Texas) seeks to amend the certificated service area boundary of its Lockhart
exchange and Verizon Southwest d/b/a GTE Southwest Incorporated's (Verizon's)
Buda exchange. The proposed service area boundary amendment is located in
the Austin LATA. There are no customers currently located in the affected
area. Verizon has filed a letter of concurrence with the application. SBC
Texas stated that the proposed realignment will allow for a more efficient
facilities design for both SBC and Verizon.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas by March 22, 2004, 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 29372.
TRD-200401628
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
On February 23, 2004, GTC Telecom filed an application with the Public
Utility Commission of Texas (commission) to amend its service provider certificate
of operating authority (SPCOA) granted in SPCOA Certificate Number 60396.
Applicant intends to change the type of provider.
The Application: Application of GTC Telecom for an Amendment to its Service
Provider Certificate of Operating Authority, Docket Number 29369.
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
March 17, 2004. 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 29369.
TRD-200401625
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
On February 23, 2004, TopMost Connects, Inc. filed an application with
the Public Utility Commission of Texas (commission) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60540. Applicant intends to change the type of provider.
The Application: Application of TopMost Connects, Inc. for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
29375.
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
March 17, 2004. 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 29375.
TRD-200401626
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
On February 26, 2004, Allegiance Telecom of Texas, Incorporated filed an
application with the Public Utility Commission of Texas (commission) to amend
its service provider certificate of operating authority (SPCOA) granted in
SPCOA Certificate Number 60143. Applicant intends to reflect a change in ownership
as the result of a bankruptcy proceeding.
The Application: Application of Allegiance Telecom of Texas, Incorporated
for an Amendment to its Service Provider Certificate of Operating Authority,
Docket Number 29393.
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
March 17, 2004. 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 29393.
TRD-200401669
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 1, 2004
On February 25, 2004, Get A Phone filed an application with the Public
Utility Commission of Texas (Commission) to amend its service provider certificate
of operating authority (SPCOA) granted in SPCOA Certificate Number 60530.
Applicant intends to reflect a change in ownership/control and a change in
service area.
The Application: Application of Get A Phone for an Amendment to its Service
Provider Certificate of Operating Authority, Docket Number 29392.
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
March 17, 2004. 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 29392.
TRD-200401670
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 1, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application for to transfer a certificate of convenience and necessity
on March 2, 2004.
Docket Style and Number: Application of NewCorp Resources Electric Cooperative,
Incorporated to Transfer Certificate of Convenience and Necessity from NewCorp
Resources, Incorporated, Docket Number 29370.
The Application: The application is the result of an initial request by
NewCorp Resources Electric Cooperative, Incorporated to correct the Commission's
records to accurately reflect NewCorp Resources Electric Cooperative, Incorporated
as holder of Certificate of Convenience and Necessity Number 30191. Certificate
of Convenience and Necessity Number 30191 was issued to NewCorp Resources,
Incorporated as the result of the Commission's decision in Docket Number 15120.
Subsequently, NewCorp Resources Electric Cooperative, Incorporated was created
and all of the stock in NewCorp Resources, Incorporated was transferred to
NewCorp Resources Electric Cooperative, Incorporated. NewCorp Resources, Incorporated
was then dissolved and the assets of NewCorp Resources, Incorporated became
the assets of NewCorp Resources Electric Cooperative, Incorporated.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or call the commission's Office of Customer Protection
at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936- 7136 or
use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer
to Docket Number 29370.
TRD-200401678
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 2, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on February 20, 2004, 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 BizTel, L.P. for a Service Provider
Certificate of Operating Authority, Docket Number 29367 before the Public
Utility Commission of Texas.
Applicant intends to provide plain old telephone service and long distance
services.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
March 17, 2004. 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 29367.
TRD-200401623
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on February 23, 2004, 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 Esodus Communications, Inc., d/b/a
INSTATONE for a Service Provider Certificate of Operating Authority, Docket
Number 29368 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, and
long distance services.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
March 17, 2004. 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 29368.
TRD-200401624
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on February 25, 2004, for a service provider certificate
of operating authority (SPCOA), pursuant to Public Utility Regulatory Act
(PURA) §§54.151 - 54.156. A summary of the application follows.
Docket Title and Number: Application of Gordon Communications, Incorporated
for a Service Provider Certificate of Operating Authority, Docket Number 29390
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame
Relay, Fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the area of Texas
currently served by all incumbent local exchange companies.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
March 17, 2004. 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 29390.
TRD-200401671
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 1, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on February 26, 2004, for an amendment to
certificated service area boundaries within Cameron County, Texas.
Docket Style and Number: Application of the Brownsville Public Utilities
Board (BPUB) to Amend Electric Utility Certificated Service Area Boundaries.
Docket Number 29394.
The Application: The application encompasses an area of land which is singly
certificated to American Electric Power Company (AEP), formerly known as Central
Power and Light, and is within the corporate limits of the City of Brownsville
(City). BPUB received a letter request to provide electric utility service
to a 51.2 acre parcel that the United States Corp of Engineers is in the process
of developing. There are no electric distribution facilities within the proposed
area. The estimated cost to BPUB to provide service to this proposed area
is $13,251.12. If the application is approved, the area would be dually certificated
to AEP and BPUB.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas no later than March 22, 2004, 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 29394.
TRD-200401668
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 1, 2004
Notice is given to the public that a petition was filed with the Public
Utility Commission of Texas (commission) on February 26, 2004, by Wes-Tex
Telephone Cooperative, Incorporated (Wes-Tex or the Company) requesting exemption
from the documentation, customer notice, and reporting requirements required
by the order granting its waiver of the requirements to provide integrated
service digital network (ISDN) service in its territory.
Docket number and title:
Docket Number 29396,
Summary of petition:
Wes-Tex was granted
an exemption of the requirements to provide ISDN service in Docket Number
16834,
Petition of Wes-Tex Telephone Cooperative,
Incorporated for Exemption from the Integrated Services Digital Network (ISDN)
Requirements of P.U.C. Subst. R. 23.69(d)(3) and (d)(5)
, on May 2,
1997. The commission granted Wes-Tex an ongoing exemption from the requirements
of former substantive rule §23.69(d)(3) and (d)(5) (currently found in §26.142(c)(3));
however, in granting the exemption, the commission required Wes-Tex to provide
annual notice to its customers describing ISDN service and the exemption granted,
to solicit inquiries regarding ISDN service, and to describe its documentation
and reporting procedures. In addition, the Company is required to document
and provide the commission with an annual report detailing customer inquiries
regarding ISDN service. The Company stated that it incurs substantial costs
to provide annual customer notice and reports. In addition, the Company stated
that since 2002 it has had no customer inquiries regarding ISDN service; therefore
exemption from the notice and reporting requirements would alleviate regulatory
costs no longer appropriate given the absence of customer demand or interest
in ISDN.
Comments:
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 telephones (TTY) may contact the commission at (512) 936-7136 or toll-
free 1-800-735-2989. All comments should reference Docket Number 29396.
TRD-200401687
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 3, 2004
On February 24, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and
Grande River Telecom, LP, collectively referred to as applicants, filed a
joint application for approval of amendment to an existing 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. 2004) (PURA). The joint application has been designated Docket Number
29383. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's 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 amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 3 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
29383. 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 March 26, 2004, 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 P.U.C. 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 29383.
TRD-200401618
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
On February 24, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and
ValuTel Communications, Inc., collectively referred to as applicants, filed
a joint application for approval of amendment to an existing 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. 2004) (PURA). The joint application has been designated Docket Number
29384. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's 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 amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 3 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
29384. 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 March 26, 2004, 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 P.U.C. 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 29384.
TRD-200401619
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
On February 24, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and
Telson Communications, Inc., collectively referred to as applicants, filed
a joint application for approval of amendment to an existing 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. 2004) (PURA). The joint application has been designated Docket Number
29385. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's 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 amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 3 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
29385. 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 March 26, 2004, 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 P.U.C. 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 29385.
TRD-200401620
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
On February 24, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and
Spruce Communications, LP, collectively referred to as applicants, filed a
joint application for approval of amendment to an existing 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. 2004) (PURA). The joint application has been designated Docket Number
29386. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's 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 amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 3 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
29386. 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 March 26, 2004, 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 P.U.C. 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 29386.
TRD-200401621
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
On February 24, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and
DVC Telecom, collectively referred to as applicants, filed a joint application
for approval of amendment to an existing 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. 2004) (PURA).
The joint application has been designated Docket Number 29387. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's 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 amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 3 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
29387. 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 March 26, 2004, 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 P.U.C. 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 29387.
TRD-200401622
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
On February 26, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and
Cypress Communications Operating Company, Inc., collectively referred to as
applicants, filed a joint application for approval of amendment to an existing
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. 2004) (PURA). The joint application has been designated
Docket Number 29395. The joint application and the underlying interconnection
agreement are available for public inspection at the commission's 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 amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 3 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
29395. 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 March 29, 2004, 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 P.U.C. 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 29395.
TRD-200401631
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
On February 26, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and
Allegiance Telecom of Texas, Inc., collectively referred to as applicants,
filed a joint application for approval of amendment to an existing 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. 2004) (PURA). The joint application has been designated Docket Number
29397. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's 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 amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 3 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
29397. 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 March 29, 2004, 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 P.U.C. 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 29397.
TRD-200401632
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
On February 25, 2004, Fort Bend Telephone Company d/b/a TXU Communications
and Capital Telecommunications, Inc., 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. 2004)
(PURA). The joint application has been designated Docket Number 29389. The
joint application and the underlying interconnection agreement are available
for public inspection at the commission's 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 3 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 29389. 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 March 26, 2004,
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 P.U.C. 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 29389.
TRD-200401627
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
On February 26, 2004, Southwestern Bell Telephone, LP d/b/a SBC Texas and
Think 12 Corporation d/b/a Hello Depot, 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. 2004)
(PURA). The joint application has been designated Docket Number 29398. The
joint application and the underlying interconnection agreement are available
for public inspection at the commission's 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 3 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 29398. 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 March 29, 2004,
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 P.U.C. 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 29398.
TRD-200401630
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on January 30, 2004, for a certificate
of convenience and necessity in Jefferson County, Texas.
Docket Style and Number: Application of Entergy Gulf States, Inc. (EGSI)
for a Certificate of Convenience and Necessity (CCN) for a Transmission Line
in Jefferson County, Texas. Docket Number 29079.
The Application: The proposed project is designated the ExxonMobile Cogen
IPP Project--L-457 loop into Carroll Street Park Switching Station. EGSI stated
the project is approximately 1.57 miles long, and is entirely on property
owned by the ExxonMobil Corporation. The stated purpose of the proposed project
is to provide interconnection of two 138-kV transmission lines into EGSI's
Carroll Street Park Switching Station. The estimated cost for the project
is $1,700,000 for transmission facilities and $2,824,000 for substation facilities.
This application includes facilities subject to the Coastal Management
Program and must be consistent with the Coastal Management Program goals and
policies.
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 29079.
TRD-200401629
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 27, 2004
Notice of Pending Racetrack Application
The Texas Racing Commission is accepting written comment from the public
on a pending application for a Class 2 racetrack license for Webb County (Laredo).
Two applications were received. The first applicant is the LRP Group, Ltd.,
a partnership, whose general partner is LRP GP, L.L.C. The other applicant
is Laredo Race Park, L.L.C., which is 100% owned by Laredo GP, L.L.C, a wholly
owned subsidiary of MAXXAM Inc. The proposed location for the LRP Group, Ltd.
racetrack is just off US 59, east of downtown Laredo, less than one mile from
LIFE Downs/Fair. The proposed location for the Laredo Race Park, L.L.C. racetrack
is on Mines Road, 11 miles from Loop 20 near the World Trade Bridge and 5
miles from the Camino Columbia Toll Road and Bridge.
The LRP Group, Ltd. proposes to use Retama Entertainment Group, Inc. to
manage the facility. The applicant proposes to conduct approximately 27 live
race days per year, and offer between 12 and 30 simulcast signals per day,
364 days per year. Laredo Race Park, L.L.C. proposes to use Sam Houston Race
Park, Ltd. to manage the facility. The applicant proposes to conduct between
20 and 30 live race days per year, and offer extensive simulcasting.
The applications are available for review at the Texas Racing Commission
headquarters, 8505 Cross Park Drive, Suite 110, Austin, Texas, Monday - Friday
8:00 a.m. - 5:00 p.m.. To schedule a review of the applications or for more
information, please contact Gloria Giberson, Texas Racing Commission, P.O.
Box 12080, Austin, Texas 78711-2080, (512) 833-6699, fax (512) 833-6907. Written
comment must be received by the Commission at its headquarters not later than
March 31, 2004.
TRD-200401605
Nicole Galwardi
General Counsel
Texas Racing Commission
Filed: February 27, 2004
Request for Proposal for Aviation Professional Services - Gainesville Municipal Airport
The City of Gainesville through its agent, the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional services firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division,
will solicit and receive proposals for professional services as described
in this notice.
Airport Sponsor: City of Gainesville, Gainesville Municipal Airport, TxDOT
CSJ No. 0403GAINS, Scope: Prepare an Airport Master Plan, which includes,
but is not limited to information regarding existing and future conditions,
proposed facility development to meet existing and future demand, constraints
to develop, anticipated capital needs, financial considerations, management
structure and options, as well as an updated Airport Layout Plan. The Airport
Development Plan should be tailored to the individual needs of the airport.
The HUB goal is set at 0%. TxDOT Project Manager is Sandra Gaither.
Interested firms shall utilize the Form AVN-551, titled "Aviation Engineering
Services Proposal." The form may be requested from TxDOT, Aviation Division,
125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT
(74568). The form may be emailed by request or downloaded from the TxDOT web
site, URL address:
http://www.dot.state.tx.us/avn/avn551.doc
The form may not be altered in any way. All printing must be in black on
white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
(Attention: To ensure utilization of the latest version of Form 551, firms
are encouraged to download Form 551 from the TxDOT website listed earlier
in this notice. Utilization of Form 551 from a previous download may not be
the exact same format. Form 551 is an MS Word Template).
Ten unfolded copies of Form AVN-551 must be postmarked by U. S. Mail by
midnight April 5, 2004 (CDST). Mailing address: TxDOT, Aviation Division,
125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received
by 4:00 p.m. (CDST) on April 6, 2004; overnight address: TxDOT, Aviation Division,
200 E. Riverside Drive, Austin, Texas, 78704. Please mark the envelope of
the forms to the attention of Sheri Quinlan. Hand delivery must be received
by 4:00 p.m. on April 6, 2004 (CDST); hand delivery address: 150 E. Riverside
Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles
or forms sent by email will not be accepted.
The consultant selection committee will be composed of local government
members. The final selection by the sponsor’s committee will generally
be made following the completion of review of proposals. The committee will
review all proposals and rate and rank each. The criteria for evaluating planning
proposals can be found at:
www.dot.state.tx.us/business/avnconsultinfo.htm
All firms will be notified and the top rated firm will be contacted to
begin fee negotiations. The selection committee does, however, reserve the
right to conduct interviews for the top rated firms if the committee deems
it necessary. In such case, selection will be made following interviews.
If there are any procedural questions, please contact Sheri Quinlan, Grant
Manager, or Sandra Gaither, Project Manager, for technical questions at 1-800-68-PILOT
(74568).
TRD-200401685
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: March 3, 2004
The City of Lancaster through its agent, the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional services firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division,
will solicit and receive proposals for professional services as described
in this notice.
Airport Sponsor: City of Lancaster, Lancaster Municipal Airport, TxDOT
CSJ No. 0418LNCAS, Scope: Prepare an Airport Master Plan, which includes,
but is not limited to information regarding existing and future conditions,
proposed facility development to meet existing and future demand, constraints
to develop, anticipated capital needs, financial considerations, management
structure and options, as well as an updated Airport Layout Plan. The Airport
Development Plan should be tailored to the individual needs of the airport.
The HUB goal is set at 0%. TxDOT Project Manager is Bruce Ehly.
Interested firms shall utilize the Form AVN-551, titled "Aviation Engineering
Services Proposal." The form may be requested from TxDOT, Aviation Division,
125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT
(74568). The form may be emailed by request or downloaded from the TxDOT web
site, URL address:
http://www.dot.state.tx.us/avn/avn551.doc
The form may not be altered in any way. All printing must be in black on
white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
(Attention: To ensure utilization of the latest version of Form 551, firms
are encouraged to download Form 551 from the TxDOT website listed earlier
in this notice. Utilization of Form 551 from a previous download may not be
the exact same format. Form 551 is an MS Word Template).
Eight unfolded copies of Form AVN-551 must be postmarked by U. S. Mail
by midnight April 5, 2004 (CDST). Mailing address: TxDOT, Aviation Division,
125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received
by 4:00 p.m. (CDST) on April 6, 2004; overnight address: TxDOT, Aviation Division,
200 E. Riverside Drive, Austin, Texas, 78704. Please mark the envelope of
the forms to the attention of Sheri Quinlan. Hand delivery must be received
by 4:00 p.m. on April 6, 2004 (CDST); hand delivery address: 150 E. Riverside
Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles
or forms sent by email will not be accepted.
The consultant selection committee will be composed of local government
members. The final selection by the sponsor’s committee will generally
be made following the completion of review of proposals. The committee will
review all proposals and rate and rank each. The criteria for evaluating planning
proposals can be found at:
www.dot.state.tx.us/business/avnconsultinfo.htm.
All firms will be notified and the top rated firm will be contacted to
begin fee negotiations. The selection committee does, however, reserve the
right to conduct interviews for the top rated firms if the committee deems
it necessary. In such case, selection will be made following interviews.
If there are any procedural questions, please contact Sheri Quinlan, Grant
Manager, or Bruce Ehly, Project Manager, for technical questions at 1-800-68-PILOT
(74568).
TRD-200401684
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: March 3, 2004
The City of Navasota through its agent, the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional engineering firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division,
will solicit and receive proposals for professional aviation engineering design
services described in this notice:
Airport Sponsor: City of Navasota, Navasota Municipal Airport, TxDOT CSJ
No. 0417NSOTA, Scope: Provide engineering/design services to for a hangar
access taxiway
The DBE/HUB goal is set at 10%. TxDOT Project Manager is Harry Lorton,
P.E.
To assist in your proposal preparation the most recent Airport Layout Plan,
5010 drawing, and project narrative are available online by selecting "Navasota
Municipal Airport" at:
www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm
Interested firms shall utilize the Form AVN-550, titled "Aviation Engineering
Services Proposal." The form may be requested from TxDOT, Aviation Division,
125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT
(74568). The form may be emailed by request or downloaded from the TxDOT web
site, URL address:
http://www.dot.state.tx.us/avn/avn550.doc
The form may not be altered in any way. All printing must be in black on
white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
(Attention: To ensure utilization of the latest version of Form 550, firms
are encouraged to download Form 550 from the TxDOT website as listed earlier.
Utilization of Form 550 from a previous download may not be the exact same
format. Form 550 is an MS Word Template).
Six completed, unfolded copies of Form AVN-550 must be postmarked by U.
S. Mail by midnight April 5, 2004 (CDST). Mailing address: TxDOT, Aviation
Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery
must be received by 4:00 p.m. (CDST) on April 6, 2004; overnight address:
TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand
delivery must be received by 4:00 p.m. April 6, 2004 (CDST); hand delivery
address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704.
Electronic facsimiles or forms sent by email will not be accepted. Please
mark the envelope of the forms to the attention of Sheri Quinlan.
The consultant selection committee will be composed of local government
members.
The final selection by the sponsor’s committee will generally be
made following the completion of review of proposals. The committee will review
all proposals and rate and rank each. The criteria for evaluating engineering
proposals can be found at:
www.dot.state.tx.us/business/avnconsultinfo.htm.
All firms will be notified and the top rated firm will be contacted to
begin fee negotiations.
The selection committee does, however, reserve the right to conduct interviews
of the top rated firms if the committee deems it necessary. In such case,
selection will be made following interviews.
If there are any procedural questions, please contact Sheri Quinlan, Grant
Manager, or Harry Lorton, P.E., Project Manager, for technical questions at
1-800-68-PILOT (74568).
TRD-200401686
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: March 3, 2004
Invitation to Apply to the Medical Advisory Committee (MAC)
The Texas Workers' Compensation Commission seeks to have a diverse representation
on the MAC and invites all qualified individuals from all regions of Texas
to apply for openings on the MAC in accordance with the eligibility requirements
of the Procedures and Standards for the Medical Advisory Committee. The Medical
Review Division is currently accepting applications for the following Medical
Advisory Committee vacancies:
Primary
* Dentist
* Employer
* General Public 1
Alternate
* Public Health Care Facility Representative
* Dentist
* Pharmacist,
* Employer
* General Public 1
* Insurance Carrier
Commissioners for the Texas Workers' Compensation Commission appoint the
Medical Advisory Committee members who are composed of 18 primary and 18 alternate
members representing health care providers, employees, employers, insurance
carriers, and the general public. Primary members are required to attend all
Medical Advisory Committee meetings, subcommittee meetings, and work group
meetings to which they are appointed. The alternate member may attend all
meetings, however during a primary member's absence, the alternate member
must attend all meetings to which the primary member is appointed. Requirements
and responsibilities of members are established in the Procedures and Standards
for the Medical Advisory Committee as adopted by the Commission.
The Medical Advisory Committee meetings must be held at least quarterly
each fiscal year during regular Commission working hours. Members are not
reimbursed for travel, per diem, or other expenses associated with Committee
activities and meetings.
The purpose and task of the Medical Advisory Committee, which includes
advising the Commission's Medical Review Division on the development and administration
of medical policies, rules and guidelines, are outlined in the Texas Workers'
Compensation Act, §413.005.
Applications and other relevant Medical Advisory Committee information
may be viewed and downloaded from the Commission's website at
http://www.twcc.state.tx.us
and then clicking on Calendar of Commission
Meetings, Medical Advisory Committee. Applications may also be obtained by
calling Jane McChesney, MAC Coordinator, at 512-804-4855 or R. L. Shipe, Director,
Medical Review, at 512-804-4802.
The qualifications as well as the terms of appointment for all positions
are listed in the Procedures and Standards for the Medical Advisory Committee.
These Procedures and Standards are as follows:
LEGAL AUTHORITY. The Medical Advisory Committee for the Texas Workers'
Compensation Commission, Medical Review Division is established under the
Texas Workers' Compensation Act, (the Act) §413.005.
PURPOSE AND ROLE. The purpose of the Medical Advisory Committee (MAC) is
to bring together representatives of health care specialties and representatives
of labor, business, insurance and the general public to advise the Medical
Review Division in developing and administering the medical policies, fee
guidelines, and the utilization guidelines established under §413.011
of the Act.
COMPOSITION Membership. The composition of the committee is governed by
the Act, as it may be amended. Members of the committee are appointed by the
Commissioners and must be knowledgeable and qualified regarding work-related
injuries and diseases.
Members of the committee shall represent specific health care provider
groups and other groups or interests as required by the Act, as it may be
amended. As of September 1, 2001, these members include a public health care
facility, a private health care facility, a doctor of medicine, a doctor of
osteopathic medicine, a chiropractor, a dentist, a physical therapist, a podiatrist,
an occupational therapist, a medical equipment supplier, a registered nurse,
and an acupuncturist. Appointees must have at least six (6) years of professional
experience in the medical profession they are representing and engage in an
active practice in their field.
The Commissioners shall also appoint the other members of the committee
as required by the Act, as it may be amended. An insurance carrier representative
may be employed by: an insurance company; a certified self-insurer for workers'
compensation insurance; or a governmental entity that self-insures, either
individually or collectively. An insurance carrier member may be a medical
director for the carrier but may not be a utilization review agent or a third
party administrator for the carrier.
A health care provider member, or a business the member is associated with,
may not derive more than 40% of its revenues from workers compensation patients.
This fact must be certified in their application to the MAC.
The representative of employers, representative of employees, and representatives
of the general public shall not hold a license in the health care field and
may not derive their income directly from the provision of health care services.
The Commissioners may appoint one alternate representative for each primary
member appointed to the MAC, each of whom shall meet the qualifications of
an appointed member.
Terms of Appointment: Members serve at the pleasure of the Commissioners,
and individuals are required to submit the appropriate application form and
documents for the position. The term of appointment for any primary or alternate
member will be two years, except for unusual circumstances (such as a resignation,
abandonment or removal from the position prior to the termination date) or
unless otherwise directed by the Commissioners. A member may serve a maximum
of two terms as a primary, alternate or a combination of primary and alternate
member. Terms of appointment will terminate August 31 of the second year following
appointment to the position, except for those positions that were initially
created with a three-year term. For those members who are appointed to serve
a part of a term that lasts six (6) months or less, this partial appointment
will not count as a full term.
Abandonment will be deemed to occur if any primary member is absent from
more than two (2) consecutive meetings without an excuse accepted by the Medical
Review Division Director. Abandonment will be deemed to occur if any alternate
member is absent from more than two (2) consecutive meetings which the alternate
is required to attend because of the primary member's absence without an excuse
accepted by the Medical Review Division Director.
The Commission will stagger the August 31st end dates of the terms of appointment
between odd and even numbered years to provide sufficient continuity on the
MAC.
In the case of a vacancy, the Commissioners will appoint an individual
who meets the qualifications for the position to fill the vacancy. The Commissioners
may re-appoint the same individual to fill either a primary or alternate position
as long as the term limit is not exceeded. Due to the absence of other qualified,
acceptable candidates, the Commissioners may grant an exception to its membership
criteria, which are not required by statute.
RESPONSIBILITY OF MAC MEMBERS Primary Members. Make recommendations on
medical issues as required by the Medical Review Division.
Attend the MAC meetings, subcommittee meetings, and work group meetings
to which they are appointed.
Ensure attendance by the alternate member at meetings when the primary
member cannot attend.
Provide other assistance requested by the Medical Review Division in the
development of guidelines and medical policies.
Alternate Members. Attend the MAC meetings, subcommittee meetings, and
work group meetings to which the primary member is appointed during the primary
member's absence.
Maintain knowledge of MAC proceedings.
Make recommendations on medical issues as requested by the Medical Review
Division when the primary member is absent at a MAC meeting.
Provide other assistance requested by the Medical Review Division in the
development of guidelines and medical policies when the primary member is
absent from a MAC meeting.
Committee Officers. The chairman of the MAC is designated by the Commissioners.
The MAC will elect a vice chairman. A member shall be nominated and elected
as vice chairman when he/she receives a majority of the votes from the membership
in attendance at a meeting at which nine (9) or more primary or alternate
members are present.
Responsibilities of the Chairman. Preside at MAC meetings and ensure the
orderly and efficient consideration of matters requested by the Medical Review
Division.
Prior to a MAC meeting confer with the Medical Review Division Director,
and when appropriate, the TWCC Executive Director to receive information and
coordinate:
a. Preparation of a suitable agenda.
b. Planning MAC activities.
c. Establishing meeting dates and calling meetings.
d. Establishing subcommittees.
e. Recommending MAC members to serve on subcommittees.
If requested by the Commission, appear before the Commissioners to report
on MAC meetings.
COMMITTEE SUPPORT STAFF. The Director of Medical Review will provide coordination
and reasonable support for all MAC activities. In addition, the Director will
serve as a liaison between the MAC and the Medical Review Division staff of
TWCC, and other Commission staff if necessary.
The Medical Review Director will coordinate and provide direction for the
following activities of the MAC and its subcommittees and work groups:
Preparing agenda and support materials for each meeting.
Preparing and distributing information and materials for MAC use.
Maintaining MAC records.
Preparing minutes of meetings.
Arranging meetings and meeting sites.
Maintaining tracking reports of actions taken and issues addressed by the
MAC.
Maintaining attendance records.
SUBCOMMITTEES. The chairman shall appoint the members of a subcommittee
from the membership of the MAC. If other expertise is needed to support subcommittees,
the Commissioners or the Director of Medical Review may appoint appropriate
individuals.
WORK GROUPS. When deemed necessary by the Director of Medical Review or
the Commissioners, work groups will be formed by the Director. At least one
member of the work group must also be a member of the MAC.
WORK PRODUCT. No member of the MAC, a subcommittee, or a work group may
claim or is entitled to an intellectual property right in work performed by
the MAC, a subcommittee, or a work group.
MEETINGS Frequency of Meetings. Regular meetings of the MAC shall be held
at least quarterly each fiscal year during regular Commission working hours.
CONDUCT AS A MAC MEMBER. Special trust has been placed in members of the
Medical Advisory Committee. Members act and serve on behalf of the disciplines
and segments of the community they represent and provide valuable advice to
the Medical Review Division and the Commission. Members, including alternate
members, shall observe the following conduct code and will be required to
sign a statement attesting to that intent.
Comportment Requirements for MAC Members:
Learn their duties and perform them in a responsible manner;
Conduct themselves at all times in a manner that promotes cooperation and
effective discussion of issues among MAC members;
Accurately represent their affiliations and notify the MAC chairman and
Medical Review Director of changes in their affiliation status;
Not use their memberships on the MAC: a. in advertising to promote themselves
or their business. b. to gain financial advantage either for themselves or
for those they represent; however, members may list MAC membership in their
resumes;
Provide accurate information to the Medical Review Division and the Commission;
Consider the goals and standards of the workers' compensation system as
a whole in advising the Commission;
Explain, in concise and understandable terms, their positions and/or recommendations
together with any supporting facts and the sources of those facts;
Strive to attend all meetings and provide as much advance notice to the
Texas Workers' Compensation Commission staff, attn: Medical Review Director,
as soon as possible if they will not be able to attend a meeting; and
Conduct themselves in accordance with the MAC Procedures and Standards,
the standards of conduct required by their profession, and the guidance provided
by the Commissioners, Medical Review Division or other TWCC staff.
TRD-200401682
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: March 3, 2004
Concho Valley Workforce Development Board
Office of Consumer Credit Commissioner
Request for Interpretation of Subtitle B, Title 4
East Texas Council of Governments
Texas Commission on Environmental Quality
Notice of Public Meeting Concerning the Intent to Delete the Crim-Hammett Proposed State Superfund Site from the State Superfund Registry
Proposed Enforcement Orders
Texas Ethics Commission
Texas Department of Health
Notice of Amendment to the Radioactive Material License of Waste Control Specialists, LLC
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Stork Southwestern Laboratories, Inc.
Texas Department of Housing and Community Affairs
Notice of Funding Availability
Notice of Public Hearing
Houston-Galveston Area Council
Texas Department of Insurance
Notice
Notice
Notice
Third Party Administrator Applications
Texas Lottery Commission
Instant Game Number 432 "Blazin' Eights"
Instant Game Number 438 "Find the 9's"
Instant Game Number 446 "Weekly Grand"
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Certificate of Convenience and Necessity Transfer
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application to Amend Certificated Service Area Boundaries
Notice of Petition for Exemption from Integrated Service Digital Network Notice and Reporting Requirements
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Revised Notice of Application for Certificate of Convenience and Necessity in Jefferson County, Texas
Texas Racing Commission
Texas Department of Transportation
Request for Proposal for Aviation Professional Services--Lancaster Municipal Airport
Request for Proposal for Aviation Professional Services - Navasota Municipal Airport
Texas Workers' Compensation Commission
Workforce Resource