TCEQ Internal Control No. 12052003-D14; Pearland Investments, L.P. (Petitioner) filed a petition for creation of Brazoria - Fort Bend County Municipal Utility District No. 1 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are five lienholders, Sturgis and Company, Inc.; Heart-Eye Land Company; Tierra Negra Corporation; F. Carrington Weems, III; and Benjamin F. Weems, on the property to be included in the proposed District, and the before mentioned entities have consented to the petition; (3) the proposed District will contain approximately 455.94 acres located within Brazoria and Fort Bend Counties, Texas; and (4) the proposed District is within the corporate boundaries of the City of Pearland, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 1004, effective February 26, 2001, the City of Pearland, Texas gave its consent to the creation of the proposed District and authorized the Petitioner to initiate proceedings to create this political subdivision within its jurisdiction. The petition further states that the proposed District will: (1) design, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $32,300,000.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve the petitions unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance, at 1-800-687- 4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200401719

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 5, 2004

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 19, 2004 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 19, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DO and/or the comment procedure at the listed phone numbers; however, comments on the DO should be submitted to the commission in writing .

COMPANY: Bobby Ray Waldrep dba Waldrep Salvage; DOCKET NUMBER: 2003-0198-MSW-E; TCEQ ID NUMBERS: RN102849205 and 14413; LOCATION: southeast side of Barlow Road, approximately one mile southwest of the intersection of Joines Road and Barlow Road, San Benito, Cameron County, Texas; TYPE OF FACILITY: scrap tire storage site; RULES VIOLATED: 30 TAC §328.60(a), by failing to obtain a scrap tire storage site registration from the executive director; 30 TAC §328.54(d), by failing to identify both sides and the rear of vehicles used to transport scrap tires with the name and place of business of the transporter and the commission registration number, using numbers and letters at least two inches tall, and ensuring that the vehicle used to transport tires was fully enclosed and able to be locked or have sidewalls of sufficient height to contain the load; and 30 TAC §328.62(c), by failing to obtain manifests for used or scrap tire piles delivered to or removed from the facility; PENALTY: $20,000; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200401818

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 10, 2004

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 19, 2004 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 19, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: The City of Brownwood; DOCKET NUMBER: 2002-0300-MSW-E; TCEQ ID NUMBER: 1562; LOCATION: approximately 3/4 mile south of the intersection of Farm-to-Market (FM) Road 45 and FM 2126, south of Brownwood, Brown County, Texas; TYPE OF FACILITY: Type I landfill; RULES VIOLATED: 30 TAC §335.2(b), by allowing and permitting the storage, processing, and disposal of Class III industrial solid waste at an unauthorized facility; 30 TAC §330.111 and §330.114, by deviating from the approved site operation plan and site development plan by failing to prohibit more than 12 inches of leachate on the liner and failing to show ten gates that exist on the perimeter boundary fences on the overall site layout plan; 30 TAC §330.113(a), by failing to meet recordkeeping requirements by not having groundwater findings, monitoring data, and testing information for fourth quarter sampling available for review during the investigations; 30 TAC §330.116, by failing to prohibit public access to the solid waste facilities through use of an alternate access gate; 30 TAC §330.119, by failing to display the correct hours of operation information on the Highway 45 entrance sign; and 30 TAC §330.133(g), by failing to complete the daily cover log; PENALTY: $9,500; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(2) COMPANY: City of Pecan Gap; DOCKET NUMBER: 2003-0318-WR-E; TCEQ ID NUMBER: 60016; LOCATION: 203 Main Street, Pecan Gap, Delta County, Texas; TYPE OF FACILITY: wholesale public water supplier; RULES VIOLATED: 30 TAC §288.22(a) and §288.30(4), by failing to submit a drought contingency plan, within the required deadline, which included the minimum elements required; PENALTY: $565; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: Duke Energy Field Services, LP; DOCKET NUMBER: 2003-0199-AIR-E; TCEQ ID NUMBER: MF-0012-R; LOCATION: two miles west of the intersection of FM 829 and County Road 3300 on County Road 3300, Tarzan, Martin County, Texas; TYPE OF FACILITY: natural gas compression and transmission station; RULES VIOLATED: 30 TAC §122.146(2) and TCEQ Permit Number 0-00808, by failing to submit, in a timely manner, the annual Title V Compliance Certification; 30 TAC §101.201(a)(1)(B) and TCEQ Permit Number 0-00808, by failing to notify the commission of upset events within 24 hours of their occurrence; and Texas Health and Safety Code (THSC), §382.085(a) and TCEQ Permit Number 0-00808, by failing to obtain regulatory authority to emit 6,112 pounds of propane and 13,285 pounds of natural gas; PENALTY: $12,500; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(4) COMPANY: Dynegy Midstream Services, Limited Partnership; DOCKET NUMBER: 2002-0292-AIR-E; TCEQ ID NUMBER: PE-0190-V; LOCATION: 11 miles south of Interstate 20 on FM 2023, Pecos County, Texas; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §122.503(a)(1) and THSC, §382.085(b), by failing to submit an updated application reflecting changes at the site; 30 TAC §106.264 and §106.215 and THSC, §382.085(b), by failing to provide notification of the replacement of turbines to the executive director within ten days following installation and by failing to register by submitting Table 31 for the turbines to the Office of Permitting, Remediation and Registration in Austin within ten days after beginning construction; 30 TAC §111.112(a)(4)(A)(ii) and THSC, §382.085(b), by failing to maintain a flare operation log noting the time of day and whether or not the flare was smoking; 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit a deviation report in a timely manner; and 30 TAC §122.145(2)(A) and THSC, §382.085(b), by failing to report all instances of deviations, the probable cause of the deviations, and any corrective actions or preventive measures taken for each emission unit addressed in the permit; PENALTY: $16,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(5) COMPANY: Felix Flores dba Felix Flores Construction Company; DOCKET NUMBER: 2002-0465-MLM-E; TCEQ ID NUMBER: GL-0133-J; LOCATION: 231 Berthot Lane, Seguin, Guadalupe County, Texas; TYPE OF FACILITY: construction company; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to abide by the general outdoor burning prohibitions by burning construction debris; and 30 TAC §330.5(a), by failing to properly dispose of municipal solid waste such that the waste is not a threat to the waters of the state nor an endangerment to human health or the environment; PENALTY: $5,000; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Formosa Plastics Corporation, Texas; DOCKET NUMBER: 2000-1144-AIR-E; TCEQ ID NUMBER: CB-0038-Q; LOCATION: 201 Formosa Drive, Point Comfort, Calhoun County, Texas; TYPE OF FACILITY: plastic and petrochemical plant; RULES VIOLATED: THSC, §382.085(b), by emitting approximately 2,870 pounds of heptane to the atmosphere from a spill; 30 TAC §101.20(2), 40 Code of Federal Regulations (CFR) §61.65(a), and THSC, §382.085(b), by failing to prevent a non-emergency relief valve discharge of vinyl chloride and hydrogen chloride to the atmosphere; 30 TAC §101.20(2), 40 CFR §61.64(a), and THSC, §382.085(b), by exceeding the maximum allowable vinyl chloride concentration of ten parts per million in a reactor exhaust gas stream; 30 TAC §111.111(a)(4)(A), §116.115(b)(2)(G) and (c), Air Permit Numbers 19168 and 7699, and THSC, §382.085(b), by exceeding the maximum allowable emission rates at the olefins elevated flare for volatile organic compounds, nitrogen oxides, carbon monoxide, and opacity; 30 TAC §101.20(2) and §113.100, 40 CFR §61.12(c) and §63.6(e), and THSC, §382.085(b), by failing to maintain the plant in a manner consistent with good air pollution control practices for minimizing emissions; 30 TAC §101.20(2), 40 CFR §61.63(a), and THSC, §382.085(b), by exceeding the maximum allowable concentration of vinyl chloride of ten parts per million in an exhaust gas stream from equipment used in the vinyl chloride formation and/or purification; 30 TAC §101.20(2), 40 CFR §61.64(a)(1), and THSC, §382.085(b), by exceeding the maximum allowable vinyl chloride concentration of ten parts per million in a reactor gas stream; 30 TAC §101.20(2), 40 CFR §61.63(a) and §61.64(a)(1), and THSC, §382.085(b), by failing to limit the concentration of vinyl chloride in two instances of ten parts per million averaged over a three-hour period; 30 TAC §101.20(2) and §116.115(b), 40 CFR §61.63(a) and §61.64(a)(1), Air Permit Number 7699, General Condition 8, and THSC, §382.085(b), by exceeding the maximum allowable emission rates for vinyl chloride at the plant incinerator; 30 TAC §101.6(a)(1) and THSC, §382.085(b), by failing to submit complete and timely notification for one reportable upset; 30 TAC §§101.7(a), 101.20(2), and 113.100, 40 CFR §61.122(c) and §63.6(e), and THSC, §382.085(b), by failing to maintain and operate the vinyl plant in a manner consistent with good air pollution control practice for minimizing emissions and by allowing continuous leaks from Chill Water Tank B; 30 TAC §101.6(b) and THSC, §382.085(b), by failing to supply all required information in the upset notification and by failing to clearly identify either the cause of the upset or the actions taken to correct the upset in the final reports submitted for releases; 30 TAC §116.115(b), Air Permit Number 19200, General Condition Number 8, and THSC, §382.085(b), by exceeding the maximum allowable emission rates for volatile organic compounds, carbon monoxide, and nitrogen oxides; 30 TAC §111.111(a)(4)(A) and §116.115(b), Air Permit Number 19168, Special Condition Number 1, and THSC, §382.085(b), by allowing the olefins flare to have visible emissions for more than five minutes in a two-hour period and by exceeding the hourly maximum allowable emission rates for nitrogen oxides, carbon monoxide and benzene; 30 TAC §101.20(1) and §116.115(b), 40 CFR §60.112b(a)(3)(ii), (f)(3) and §60.8, Air Permit Number 19169, Special Condition Number 10, and THSC, §382.085(b), by failing to operate the flare in accordance with 40 CFR §60.18, specifically, by failing to demonstrate, through the prescribed testing, that the low-pressure tank flare met the minimum British Thermal Unit content and that the minimum heating value of the waste gas was met; 30 TAC §101.20(2), 40 CFR §61.12(c), and THSC, §382.085(b), by failing to maintain and operate the vinyl plant in a manner consistent with good air pollution control practice for minimizing emissions; 30 TAC §101.20(3) and §116.115(c), Air Permit Number 7699, Special Condition 9F/11F, and THSC, §382.085, by failing to conduct performance testing as required; 30 TAC §101.20(3) and §116.115(b)(2)(G), Air Permit Number 7699, and THSC, §382.085(b), by exceeding the permitted particulate matter emission rate during a performance test; PENALTY: $150,000; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(7) COMPANY: Interstate Highway Construction, Inc.; DOCKET NUMBER: 2002-0208-AIR-E; TCEQ ID NUMBER: 90-7899-L; LOCATION: Amarillo International Airport, approximately five miles east of Amarillo, Potter County, Texas; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit to construct and operate a concrete batch plant before operation began; PENALTY: $40,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(8) COMPANY: Mohammed Adil Aqil dba Two Way Quick Stop; DOCKET NUMBER: 2002-1154-PST-E; TCEQ ID NUMBER: 0060018; LOCATION: 8430 Fulton Street, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, any components that were not brought into timely compliance from the existing underground storage tank (UST) system; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at least once per month; 30 TAC §334.7(d)(3), by failing to amend UST registration information within 30 days from the date on which the owner or operator first became aware of the change or addition; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; and 30 TAC §334.22(a), by failing to pay outstanding UST registration and associates late fees; PENALTY: $600; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Mohammed N. Qureshi dba Hah Gas Mart; DOCKET NUMBER: 2002-0970-PST-E; TCEQ ID NUMBER: 0040144; LOCATION: 222 North Highway 3, League City, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(5) and THSC, §382.085(b), by failing to maintain Stage II vapor recovery test records on-site and available for review; 30 TAC §115.242(3)(B) and THSC, §382.085(b), by failing to maintain the Stage II system in proper operating condition; and 30 TAC §115.222(10) and THSC, §382.085(b), by failing to equip the USTs with a non-coaxial Stage I vapor recovery connection; PENALTY: $4,500; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Shawn Fuller dba Country Village Mobile Home Park; DOCKET NUMBER: 2002-0066-PWS-E; TCEQ ID NUMBER: 1520249; LOCATION: 2802 North FM 1729, near Lubbock, Lubbock County, Texas; TYPE OF FACILITY: public water utility and system; RULES VIOLATED: 30 TAC §291.101(a) and TWC, §13.242, by failing to have a certificate of convenience and necessity; 30 TAC §290.41(c)(3)(B), by failing to provide a well casing 18 inches above the elevation of the finished floor of the pump house or natural ground surface with a minimum of one inch above the sealing block or pump motor foundation block; 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling tap on the well discharge to facilitate the collection of samples for chemical and bacteriological analysis directly from the well; 30 TAC §290.41(c)(3)(N), by failing to install a flow meter on the well pump discharge line to provide water usage records and to assist in more efficient system operation; 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to protect the well unit with an intruder resistant fence or a locked, ventilated well house to exclude possible contamination or damage to the facilities by trespassers; 30 TAC §290.46(n)(2), by failing to prepare and maintain a map of the distribution system so that valves and mains may be easily located during emergencies; 30 TAC §290.46(t), by failing to post a legible sign, containing the name of the water supply and an emergency telephone number where a responsible official can be contacted, in plain view at the production, treatment, and storage facilities; 30 TAC §290.46(v), by failing to install all water system electrical wiring in a securely mounted conduit in compliance with a local or national electrical code; 30 TAC §290.46(m), by failing to have a maintenance program to ensure the reliability and general appearance of all regulated facilities and reduce costly repairs due to lack of proper maintenance; 30 TAC §290.109(c)(2)(A)(iii) and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis; and 30 TAC §290.110(b)(4), by failing to operate the system to maintain a free chlorine residual of 0.20 milligrams per liter in the finished water storage tank and in the far reaches of the distribution system; PENALTY: $3,300; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Lubbock Regional Office, 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(11) COMPANY: Waste Management of Texas, Incorporated; DOCKET NUMBER: 2002-0935-MLM-E; TCEQ ID NUMBERS: 249-C and TH-0502-F; LOCATION: 9900 Giles Road, Austin, Travis County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULES VIOLATED: 30 TAC §330.111, by deviating from an operational requirement in the landfill's site operating plan by allowing the leachate head to rise more than 12 inches above the landfill liner; 30 TAC §113.2061(a), 40 CFR §60.753(b), and THSC, §382.085(b), by failing to operate the landfill gas collection system such that negative pressure was continuously maintained at each wellhead; 30 TAC §11.2061(a), 40 CFR §60.753(c), and THSC, §382.085(b), by failing to operate each interior wellhead such that the landfill gas contained either a nitrogen level of less than 20% or an oxygen level of less than 5%; 30 TAC §113.2061(a), 40 CFR §60.755(a)(5), and THSC, §382.085(b), by failing to monitor wells monthly for temperature; 30 TAC §101.221(a) and THSC, §382.085(b), by failing to operate all pollution emission capture equipment and abatement equipment in good working order and operating properly during facility operations; 30 TAC §101.4 and THSC, §382.085(b), by discharging one or more air contaminants in such concentrations and for such duration so as to interfere with the normal use and enjoyment of property; TWC, §26.121(a)(2), by allowing an unauthorized discharge of waste into or adjacent to any water in the state; 30 TAC §122.145(2)(C) and §122.146(5)(C), and THSC, §382.085(b), by failing to submit a semi-annual deviation report and failing to include information concerning all deviations on the annual compliance certification; 30 TAC §122.165(a)(7) and THSC, §382.085(b), by failing to include a certification of accuracy and completeness in the deviation report; and 40 CFR §60.757(f), by failing to submit an annual report containing information on monitored parameters for the gas collection system; PENALTY: $244,420; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200401817

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 10, 2004

Notice of Water Rights Application

Notice mailed February 24, 2004

APPLICATION NO. 12-2928A; Gary L. Lundberg, 699 CR 603, Hamilton, Texas, 76531, has applied to the Texas Commission on Environmental Quality (TCEQ) for an amendment to a water use permit pursuant to 11.122, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Certificate of Adjudication No. 12-2928 authorizes the owner to divert and use a maximum of 13 acre-feet of water per annum at a maximum diversion rate of 1.11 cfs (500 gpm) from Cowhouse Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, Brazos River Basin, for agricultural purposes to irrigate a maximum of 36 acres of land in Hamilton County with a time priority of July 31, 1950. Applicant seeks to amend Certificate of Adjudication No. 12-2928 to move his diversion point to latitude 31.5083 N, Longitude 98.2208 W, approximately seven miles southwest of the City of Hamilton, Hamilton County, and he also seeks to change the place of use and increase the acreage to be irrigated to 68 acres out of a 519.14 acre tract located in the Benedict Haden Survey, Abstract No. 346, Hamilton County. Ownership of the 519.14 acre tract is evidenced by a Warranty Deed dated August 27, 1997 and filed with the Hamilton County Clerk's Office in Book 301, Pages 767-76. Applicant does not seek to change the amount of water he is currently authorized to divert nor does he wish to change the maximum diversion rate. The application was received on September 12, 2003 and additional fees and information were received on November 3 & November 24, 2003. The Executive Director of the TCEQ has reviewed the application and has declared it to be administratively complete and filed with the Chief Clerk on December 30, 2003. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, by March 16, 2004.

Information Section

A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in an application.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200401718

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 5, 2004

Notice of Water Rights Application

Notices mailed March 5, 2004 and March 8, 2004.

APPLICATION NO. 14-1190; Upper Colorado River Authority, 512 Orient, San Angelo, Texas 76903, seeks to amend Certificate of Adjudication No. 14-1190, as amended, pursuant to Texas Water Code11.122 and 11.042 and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicant is the owner of Certificate of Adjudication No. 14-1190, as amended, which authorizes the owner to maintain an existing dam and reservoir known as O.C. Fisher Lake, having a storage capacity of 391,500 acre-feet of water, on the North Concho River, tributary of the Concho River, tributary of the Colorado River, Colorado River Basin, in Tom Green County and to impound therein not to exceed 80,400 acre-feet of water. Owner is further authorized to divert and use from the conservation storage of the reservoir, between elevations 1,840.0 and 1,908.0 feet above mean sea level, a maximum of 80,400 acre-feet or water per annum for municipal, industrial, mining and recreation purposes. Certificate of Adjudication No. 14-3676, as amended, authorizes the Colorado River Municipal Water District (CRMWD) to maintain an existing dam and reservoir, known as O. H. Ivie Reservoir, on the Colorado River, Colorado River Basin in Coleman, Concho, and Runnels Counties, to impound therein not to exceed 554,340 acre-feet of water, and to divert and use not to exceed 103,000 acre-feet of water per year for municipal and domestic purposes, and not to exceed 10,000 acre-feet of water per year for industrial purposes within the owner's service area. Fifteen thousand acre-feet of the 103,000 acre-feet of water per year authorized may be transferred from the Colorado River Basin for municipal use within the Brazos River Basin. Certificate of Adjudication No. 14-1008, as amended, authorizes the CRMWD to: 1. maintain an existing dam and reservoir, known as E. V. Spence Reservoir, on the Colorado River, Colorado River Basin in Mitchell and Coke Counties, and to impound therein not to exceed 488,760 acre-feet of water, 2. construct and maintain a dam and reservoir on Beals Creek, tributary of the Colorado River and impound therein not to exceed 3.4 acre-feet of water, 3. construct and maintain a dam and reservoir on Red Draw, tributary of the Colorado River and impound therein not to exceed 8,538 acre-feet of water, and 4. to maintain an existing off-channel reservoir known as Barber Reservoir and impound therein not to exceed 2,500 acre feet of water. Certificate of Adjudication No. 14-1008, as amended, further authorizes the CRMWD to: 1. divert and use not to exceed 38,573 acre-feet of water per year from E. V. Spence Reservoir for municipal purposes, 2. divert and use not to exceed 8,427 acre-feet of water per year for mining purposes resulting from water quality enhancement diversions of not to exceed 14,692 acre feet per year from authorized upstream diversion facilities on the Colorado River and Beals Creek for storage in and diversion from Barber, Red Draw, and Mitchell Reservoirs, and 3. divert and use not to exceed 2,000 acre-feet of water per year for industrial purposes and not to exceed 1,000 acre-feet or water per year for mining purposes from E. V. Spence Reservoir or authorized upstream diversion facilities for storage in and diversion from Barber, Red Draw and Mitchell County Reservoirs. Pursuant to multiple Water Supply Contracts, the City of San Angelo can purchase a combined maximum of up to 34,000 acre-feet of water per year from the CRMWD to be supplied from O. H. Ivie and E. V. Spence Reservoirs. The Applicant, on behalf of the City of San Angelo, seeks to amend Certificate of Adjudication No. 14-1190, as amended, to authorize the storage of the contract water in O.C. Fisher Lake for subsequent diversion and treatment at the City of San Angelo's Lone Wolf Treatment Plant. The contract water will be transferred from O. H. Ivie and E. V. Spence Reservoirs by pipeline and discharged either directly into O.C. Fisher Lake at a point at the dam located at 31.484 N Latitude and 100.482 W Longitude at a maximum rate of 45 cubic-feet-per-second (cfs) (20,196 gallons-per-minute (gpm), or into Bald Eagle Creek at a point located at 31.566 N Latitude and 100.512 W Longitude at a maximum rate of 45 cfs (20,196 gpm), upstream of O.C. Fisher Lake, and conveyed downstream to the reservoir. Any water from O. C. Fisher Reservoir may be released through the outlet works of O. C. Fisher dam at a rate of 200 cfs (89,760 gpm) for conveyance downstream to the City of San Angelo's Bell Street Reservoir on the Concho River and two diversion points on the South Concho River authorized by Certificate of Adjudication No. 14-1326. From there it will be lifted to the City's Lone Wolf Reservoir on the South Concho River authorized by Certificate of Adjudication No. 14-1325 for diversion to the City's treatment plant. Applicant seeks authorization to use the bed and banks of Bald Eagle Creek from the identified point upstream of O.C. Fisher Lake, the North Concho River and O. C. Fisher Lake, the North Concho River from the outlet works of O.C. Fisher dam to the City of San Angelo's Bell Street Reservoir on the Concho River, which backs water into the South Concho River to the diversion points on the Bell Street Reservoir to convey the City of San Angelo's contract water for diversion to the City's Lone Wolf water treatment plant. The Applicant does not seek to appropriate new water. This amendment, if granted, will be in effect only as long valid water supply contracts between the City of San Angelo and the Colorado River Municipal Water District remain in effect. The Commission will review the application as submitted by the applicant(s) and may or may not grant the application as requested. The UCRA submitted Application No. 1190B and associated fees on May 15, 2003, and additional information and fees were received on May 27, July 2, July 24, and August 15, 2003. The application was declared administratively complete and filed with the Chief Clerk's office on August 22, 2003. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by April 9, 2004.

APPLICATION NO. 12-4191A; David and Angela Bandy, P.O. Box 1743, Breckenridge, Texas 76424, applicants, seek an amendment to Certificate of Adjudication No. 12-4191, pursuant to 11.122 , Texas Water Code and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Certificate of Adjudication No. 12-4191 authorizes owners to divert and use not to exceed 195 acre-feet of water per annum from diversion points on Givens Creek tributary of the Clear Fork Brazos River and the Clear Fork Brazos River, tributary of the Brazos River in the Brazos River Basin for agricultural purposes to irrigate a maximum of 151 acres of land out of a 718 acre-tract of land in Stephens County at a combined maximum diversion rate of 0.61 cfs (275 gpm). The time priority for this right is May 31, 1964. Pursuant to a Contract to Sell, Assign and Convey dated November 10, 2003 (contingent upon the granting of this application), applicants seek to buy 96.4122 acre-feet of water out of the 195 acre-feet of water for irrigation of 74.66 acres authorized by Certificate of Adjudication No. 12-4191. Applicants also seek to amend Certificate of Adjudication No. 12-4191for authorization to divert that 96.4166 acre-foot portion of water at two downstream diversion points for irrigation on a new tract of land. The proposed two diversion points are described as follows: Diversion point 1: located at 32.9312 N Latitude, 98.9161 W Longitude, also bearing approximately N20 E, 5,554 feet from the southwest corner of the TE&L Co. Survey No. 1162, Abstract No. 557. The diversion point is approximately 12 miles northeast of the County Seat of Stephen County, Texas. Diversion point 2: located at 32.9342 N Latitude, 98.9168 W Longitude, also bearing approximately N26 E , 4,444 feet from the southwest corner of the TE&L Co. Survey No. 1162, Abstract No. 557. The diversion point is approximately 12 miles northeast of the County Seat of Stephens County, Texas. The new lands to be irrigated are described as being 74.66 acres of land out of a 223 acre tract of land in the TE&L Co. Survey No. 1162, Abstract No. 557 in Stephens County. Texas. Ownership of the land is evidenced by a Deed of Trust dated December 13, 2002 and filed in the Official Records of Stephens County in Vol 1624, Page 11. Applicants are not requesting an increase in diversion rate or appropriation. The maximum combined diversion rate will remain 0.61 cfs (275 gpm) for all authorized diversion points. The application was received on November 24, 2003 and additional information was received on January 14 and 29, 2004. The application was accepted for filing and declared administratively complete on February 9, 2004. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by March 29, 2004.

APPLICATION NO. 5818; Lakes of Prosper, Ltd., 5700 W. Plano Parkway, Suite 3000, Plano, TX, 75093, seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.121, 11.042 and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicant seeks authorization to construct and maintain six reservoirs on unnamed tributaries of Doe Branch, tributary of the Trinity River, Trinity River Basin for in-place recreational and wetlands purposes in Collin County. The applicant proposes to maintain the reservoirs full with groundwater from two wells located in the Woodbine Aquifer that can each produce 25-40 gallons per minute. The groundwater will be pumped and delivered by pipe to each reservoir or to the northern and southern upgradient reservoirs and allowed to flow into the remaining reservoirs; thus, the applicant seeks authorization to use the bed and banks to covey the groundwater down the unnamed tributaries of Doe Branch. The groundwater wells should supply enough water to compensate for evaporative and channel losses. The applicant proposes to pass all inflows to the reservoir and are not asking to appropriate any state water. The reservoirs are located approximately 12 miles west northwest from McKinney and 1 mile northwest from Prosper, Texas. The dams will be located in the Collin County School Land Survey, Abstract 147 in Collin County and are described as follows: Reservoir 1: Station 1 on the centerline of the dam is S 52.2233 W, 7381.25 feet from the northeast corner of the Collin County School Land Survey, also being at Latitude 33.2502 N, Longitude 96.8109 W. The reservoir has a capacity of 5.04 acre-feet of water and a surface area of 1.68 acres. Reservoir 2: Station 2 on the centerline of the dam is S 53.4450 W, 7799.18 feet from the northeast corner of the Collin County School Land Survey, also being at Latitude 33.2501 N, Longitude 96.8139 W. The reservoir has a capacity of 1.74 acre-feet of water and a surface area of 0.58 acre. Reservoir 3: Station 0+00 on the centerline of the dam is S 40.7286 W, 4255.12 feet from the northeast corner of the Collin County School Land Survey, also being at Latitude 33.2569 N, Longitude 96.8004 W. The reservoir has a capacity of 0.54 acre-foot of water and a surface area of 0.27 acre. Reservoir 4: Station 4 on the centerline of the dam is S 48.3261 W, 4143.64 feet from the northeast corner of the Collin County School Land Survey, also being at Latitude 33.2552 N, Longitude 96.8034 W. The reservoir has a capacity of 1.04 acre-feet of water and a surface area of 0.52 acre. Reservoir 5: Station 5 on the centerline of the dam is S 67.3014 W, 5716.98 feet from the northeast corner of the Collin County School Land Survey, also being at Latitude 33.2568 N, Longitude 96.8105 W. The reservoir has a capacity of 1.54 acre-feet of water and a surface area of 0.77 acre. Reservoir 6: Station 6 on the centerline of the dam is S 63.3014 W, 5916.27 feet from the northeast corner of the Collin County School Land Survey, also being at Latitude 33.2556 N, Longitude 96.8105 W. The reservoir has a capacity of 4.04 acre-feet of water and a surface area of 2.02 acres. Ownership of the lands to be inundated is evidenced by a Special Warranty Deed recorded as Document No. 2003- 0044256 in the official records of the Collin County Clerk. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on October 22, 2003 and additional information was received on October 23, December 22, and December 29, 2004. The application was accepted for filing and declared administratively complete on January 6, 2004. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 5824; The City of North Richland Hills, applicant, 7301 NW Loop 820, North Richland Hills, TX, 76180, seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.121 and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicant seeks authorization to construct and maintain a reservoir on Calloway Branch, tributary of Walker Branch, tributary of the West Fork Trinity River, tributary of the Trinity River, Trinity River Basin for in-place recreational/aesthetic purposes in Tarrant County. The proposed reservoir has a capacity of 2.2 acre-feet of water, a surface area of 0.55 acre, and will be located approximately 12 miles northeast from Fort Worth, Texas. The dam will be located in the W.W. Wallace Survey, Abstract 1606 in Tarrant County. Station 0+15 on the centerline of the dam is N 73.81472 W, 154.4 feet from the south corner of the Wallace Survey, also being at Latitude 32.8519 N and Longitude 97.2258 W. Ownership of the lands to be inundated is evidenced by a Deed recorded in Volume 15620, Page 218 in the official records of Tarrant County Clerk. The applicant also seeks to initially fill and maintain the pond at the maximum normal pool elevation with water from the public water supply system for the City of North Richland Hills. The public water supply system should supply enough water to compensate for evaporative losses. The applicant proposes to pass all inflows to the reservoir and are not asking to appropriate any state water. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on May 15, 2003 and additional information and fees were received on July 8, 2003 and August 7, 2003. The application was accepted for filing and declared administratively complete on August 14, 2003. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice.

Information Section

TRD-200401789

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 9, 2004

Texas Health and Human Services Commission

Public Notice Statement

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 04-02, Amendment Number 669, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The purpose of this amendment is to allow the state to receive 100% federal medical assistance percentage (FMAP) reimbursement for outpatient services provided in Indian Health Services/Tribal 638 facilities to Native American Medicaid beneficiaries in accordance with 42 CFR §431.110. The applicable rate for these services will be paid as published and specified in the Federal Register.

The proposed amendment is to be effective March 20, 2004, and is expected to increase the amount of federal matching funds to the state. The proposed amendment is estimated to result in increased annual aggregate expenditures of $1,236 for state fiscal year (SFY) 2004 (5.5 months), with increased federal matching funds of $1,236, and $3,150 for SFY 2005, with increased federal matching funds of $3,150.

A public hearing is scheduled for Wednesday, April 14, 2004, from 9:30 am until 10:30 am. The hearing will be held in the Davis Mountains Conference Room of Braker Center, Building H. 11209 Metric Boulevard, Austin, Texas 78758-4021.

To obtain copies of the proposed amendment, interested parties may contact Nancy Kimble by mail at Rate Analysis for Acute Care Services, Texas Health and Human Services Commission, 1100 W. 49th Street, H-410, Austin, Texas 78756-3160; by telephone at (512) 491-1363; by facsimile at (512) 491-1983; or by E-mail at nancy.kimble@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Human Services.

TRD-200401728

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: March 5, 2004

Public Notice Statement

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 04-05, Amendment Number 672, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The purpose of this amendment is to allow a Prospective Payment System (PPS) rate to be calculated for a Rural Health Clinic (RHC) that does not have an audited cost report from its Medicare intermediary for its 1999 and/or 2000 fiscal years.

The proposed amendment is to be effective March 20, 2004, and is expected to have no fiscal implications for state or federal governments.

A public hearing is scheduled for Wednesday, April 14, 2004, from 10:30 am until 11:30 am. The hearing will be held in the Davis Mountains Conference Room of Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200401729

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: March 5, 2004

Texas Department of Human Services

Request for Proposals for Nutrition Education Contract Trainers

The Texas Department of Human Services (DHS) is inviting proposals for nutrition education contract trainers.

Description of Services. Registered Dietitians are needed statewide to conduct nutrition education events and assist in the development of training materials for Special Nutrition Programs (SNP). Services will be required on a variable basis depending on the number and type of workshops.

Geographical Area. Registered Dietitians are being actively sought in major cities throughout the state of Texas.

Closing Date. Proposals must be received by noon, June 1, 2004.

Term of Contract. The contract period is October 1, 2004, through September 30, 2005.

Procedures of Selection. A screening form will be used to select applicants. Applicants that are considered for selection will be scheduled for an interview.

Contact Person. For more information, please call or write Brenda Hampton (512) 420-2585 or Pam Powell (512) 420-2590, SNP Training Unit MC Y-908, 1106 Clayton Lane, Suite 125E, Austin, Texas 78723-1094. Request for proposal packets are now available.

TRD-200401816

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: March 10, 2004

Texas Department of Insurance

Company Licensing

Application to change the name of GENERAL & COLOGNE LIFE RE OF AMERICA to GENERAL RE LIFE CORPORATION, a foreign life, accident and/or health company. The home office is in Stamford, Connecticut.

Application to change the name of PROGRESSIVE AMERICAN LIFE INSURANCE COMPANY to PRINCIPAL HEALTH INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Des Moines, Iowa.

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-200401820

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 10, 2004

Third Party Administrator Applications

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 DECARE DENTAL HEALTH INTERNATIONAL, LLC, a foreign third party administrator. The home office is EAGAN, MINNESOTA .

Application for incorporation in Texas of PETERMAN PARTNERS, LTD. (DBA Century Healthcare), a domestic third party administrator. The home office is IRVING, 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-200401813

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 10, 2004

Texas Department of Licensing and Regulation

Public Notice--Enforcement Plan

The Texas Commission of Licensing and Regulation establishes an enforcement plan in compliance with Texas Occupations Code, §51.302(c). The enforcement plan gives license holders notice of the specific ranges of penalties and license sanctions that apply to specific alleged violations of the statutes and rules enforced by the Texas Department of Licensing and Regulation ("the Department"). The enforcement plan also presents the criteria that are considered by the Department's Enforcement staff in determining the amount of a proposed administrative penalty or the magnitude of a proposed sanction.

A copy of the enforcement plan is posted on the Department's homepage and may be downloaded at www.license.state.tx.us. To receive a copy of the enforcement plan contact the Enforcement Division at (512) 463-2906 or by e-mail at enforcement@license.state.tx.us.

TRD-200401744

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: March 5, 2004

Texas Lottery Commission

Instant Game Number 430 "Mega Bucks"

1.0. Name and Style of Game.

A. The name of Instant Game Number 430 is MEGA BUCKS." The play style in the BONUS game is "key symbol match." The play style in Game 1 is "key symbol match." The play style in Game 2 is "key symbol match." The play style in Game 3 is "key symbol match." The play style in Game 4 is "key symbol match with doubler."

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 430 shall be $5.00 per ticket.

1.2. Definitions in Instant Game Number 430.

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, $10.00, $15.00, $20.00, $50.00, $100, $500, $1,000, $5,000, $50,000, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, COIN SYMBOL, CHEST SYMBOL, STACK OF BILLS SYMBOL, GOLD BAR SYMBOL, MONEYBAG SYMBOL, CHERRY SYMBOL, HORSESHOE SYMBOL, POT OF GOLD SYMBOL, DIAMOND SYMBOL, VAULT SYMBOL, TRY AGAIN, NEXT TIME SYMBOL.

D. Play Symbol Caption--the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 430 - 1.2D

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:

Figure 2: GAME NO. 430 - 1.2E

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 $5.00, $10.00, $15.00, $20.00.

H. Mid-Tier Prize--A prize of $50.00, $100 or $500.

I. High-Tier Prize--A prize of $1,000, $5,000, or $50,000.

J. Bar Code--A 22 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 (430), a seven digit pack number, and a three digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 430-0000001-000.

L. Pack--A pack of "MEGA BUCKS" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one. 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 "MEGA BUCKS" Instant Game Number 430 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 "MEGA BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose 34 Play Symbols. In the BONUS game, if the player finds any prize amount, the player will win that amount. In GAME 1, if the player finds two GOLD BAR SYMBOLS, the player will win $20. In GAME 2, if the player finds three identical prize amounts, the player will win that amount. If the player gets a MONEYBAG SYMBOL, the player will win the highest prize shown in GAME 2. In GAME 3, if the player's YOUR SYMBOL is identical to the LUCKY SYMBOL, the player will win the prize indicated. In Game 4, if any of the player's YOUR NUMBERS are identical to either LUCKY NUMBER, the player will win the prize indicated below that number. If the player finds a VAULT SYMBOL, the player will win double the corresponding prize. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1. Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 34 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 34 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 34 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 34 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2. Programmed Game Parameters.

A. Consecutive non-winning tickets in a book will not have identical patterns.

B. BONUS: Players can win once in this play area.

C. BONUS: Winning tickets in this play area will reveal a prize amount.

D. BONUS: Winning tickets in this play area will only win the $5.00, $10.00 $15.00, or $20.00 prize levels.

E. BONUS: Tickets that do not win in the Bonus Area will display one of the non-winning play symbols. Each of the non-winning play symbols will appear approximately evenly.

F. GAME 1: Players can win once in this play area.

G. GAME 1: For non-winning tickets, each symbol will be unique, i.e., there will not be more than one of the same symbol in the same game.

H. GAME 1: The GOLD BAR SYMBOL will only appear in Game 1.

I. GAME 1: Non-winning tickets will not contain two GOLD BAR SYMBOLS.

J. GAME 2: Players can win once in this play area.

K. GAME 2: There will never be more than one set of three like prize amounts on a single ticket.

L. GAME 2: There will never be more than three like prize amounts on a single ticket.

M. GAME 2: No ticket will contain more than one MONEYBAG SYMBOL.

N. GAME 2: Tickets containing a MONEYBAG SYMBOL will not contain two or more like prize amounts.

O. GAME 2: The MONEYBAG SYMBOL will not appear on non-winning tickets.

P. GAME 3: Players can win once in this play area.

Q. GAME 3: For non-winning tickets on Game 3, each symbol must be unique, i.e., there will not be more than one of the same symbol in the same game.

R. GAME 4: Players can win up to ten times in this play area.

S. GAME 4: No duplicate Your Numbers on a ticket.

T. GAME 4: Non-winning prize symbols will not match a winning prize symbol on a ticket.

U. GAME 4: There will be no duplicate Lucky Numbers on a ticket.

V. GAME 4: Your Number will never equal the corresponding Prize symbol.

W. GAME 4: No prize symbol will appear more than two times on a non-winning ticket.

X. GAME 4: The "Vault" symbol will never appear more than once on a ticket.

Y. GAME 4: The "Vault" symbol will only appear on winning tickets.

Z. GAME 4: The "Vault" symbol will never appear as one of the Lucky Numbers.

2.3. Procedure for Claiming Prizes.

A. To claim a "MEGA BUCKS" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100.00 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "MEGA BUCKS" Instant Game prize of $1,000, $5,000, or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "MEGA BUCKS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General;

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 "MEGA BUCKS" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6. 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 6,000,000 tickets in the Instant Game Number 430. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 430 - 4.0

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 Instant Game Number 430 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 430, 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-200401607

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 27, 2004

Instant Game Number 445 "$130,000 Bonus"

1.0 Name and Style of Game.

A. The name of Instant Game No. 445 is "$130,000 BONUS". The play style for this game is "key symbol match" (BONUS BOX play area) and "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 445 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 445.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $25.00, $30.00, $50.00, $75.00, $100, $200, $250, $500, $1,000, $500/WK, POT OF GOLD SYMBOL, COINS SYMBOL, CHEST SYMBOL, BAR SYMBOL, BILL SYMBOL, MONEY BAG SYMBOL.

D. Play Symbol Caption - the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 445 - 1.2D

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

Figure 2: GAME NO. 445 - 1.2E

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, $10.00 or $15.00.

H. Mid-Tier Prize - A prize of $30.00, $50.00, $75.00, $100 or $500.

I. High-Tier Prize - A prize of $1,000 or $125,000 ($500 per week for 5 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 (445), 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: 445-0000001-000.

L. Pack - A pack of "$130,000 BONUS" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 000 and back of 074 while the other fold will show the back of ticket 000 and front of 074.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$130,000 BONUS" Instant Game No. 445 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 "$130,000 BONUS" Instant Game is determined once the latex on the ticket is scratched off to expose 34 (thirty-four) Play Symbols. If a player reveals a DOLLAR BILL SYMBOL in the BONUS BOX play area, the player will win $50 instantly. If a player matches any of YOUR NUMBERS to any of the WINNING NUMBERS, the player will win the prize indicated for that number. If the player reveals a MONEY BAG SYMBOL, the player will win all fifteen (15) prizes automatically. 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 34 (thirty-four) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 34 (thirty-four) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 34 (thirty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 34 (thirty-four) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. No duplicate non-winning prize symbols.

C. No duplicate non-winning Your Number play symbols.

D. No duplicate Winning Number play symbols.

E. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5). Non-winning prize symbols will never be the same as the winning prize symbol(s).

F. The WIN ALL symbol will only appear as according to the prize structure.

H. The $50 AUTO WIN symbol will only appear as according to the prize structure.

I. The WIN ALL and the $50 AUTO WIN symbol will never appear more than once on a ticket and they will never appear together on a ticket.

J. When the WIN ALL symbol appears, there will never be a match between any Your Number and a Winning Number.

2.3 Procedure for Claiming Prizes.

A. To claim a "$130,000 BONUS" Instant Game prize of $5.00, $10.00, $15.00, $30.00, $50.00, $75.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $50.00, $75.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. When claiming a "$130,000 BONUS" Instant Game top prize of $130,000 BONUS, the claimant must choose one of two (2) payment options for receiving their prize:

1. Weekly via direct deposit to the claimant/winner's account. With this plan, a payment of $500 a week, less any taxes and/or other offsets or mandatory withholdings required by law, will be made each Wednesday for five (5) years, up to $26,000 per year. Denotes years with 53 weeks. The investment is for 52 weeks a year for 5 years for a total of $130,000. Additional income tax may be owed to the Internal Revenue Service.

2 Annually via direct deposit 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 $26,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made once a year for 5 years. After the initial payment, subsequent payments will be made on the first business day of the anniversary month.

C. As an alternative method of claiming a "$130,000 BONUS" 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

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

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 "$130,000 BONUS" 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 "$130,000 BONUS" 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.

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 4,080,000 tickets in the Instant Game No. 445. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 445 - 4.0

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. 445 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. 445, 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-200401808

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 9, 2004

Instant Game Number 460 "Lucky Slots"

1.0 Name and Style of Game.

A. The name of Instant Game No. 460 is "LUCKY SLOTS". The play style is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 460 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 460.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00, $10.00, $20.00, $50.00, $100, $400, $5,000, CLOVER SYMBOL, CHERRY SYMBOL, BELL SYMBOL, STACK OF BILLS SYMBOL, GOLD BAR SYMBOL, HORSESHOE SYMBOL, ANCHOR SYMBOL, STAR SYMBOL, CROWN SYMBOL.

Figure 1: GAME NO. 460 - 1.2D

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:

Figure 2: GAME NO. 460 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13-digit number appearing under the latex scratch-off covering on the front of the ticket. There is a 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 $1.00, $2.00, $4.00, $10.00, $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, $400.

I. High-Tier Prize - A prize of $5,000.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (460), 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: 460-0000001-000.

L. Pack - A pack of "LUCKY SLOTS" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000 to 004 will be on the top page; tickets 005 to 009 will be on the next page, etc; and tickets 245 to 249 will be on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LUCKY SLOTS" Instant Game No. 460 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "LUCKY SLOTS" Instant Game is determined once the latex on the ticket is scratched off to expose 16 (sixteen) Play Symbols. If the player matches three (3) identical Play Symbols in the same game, the player will win the prize shown for that game. If the player finds a BELL SYMBOL, the player will win the prize shown for that game automatically. 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 16 (sixteen) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 16 (sixteen) 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;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 16 (sixteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 16 (sixteen) 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.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical patterns.

B. Players can win up to four (4) times on this ticket.

C. There will be no duplicate non-winning prize symbols.

D. There will be no duplicate non-winning spins in any order on a ticket.

E. There will never be three (3) identical Play Symbols in a vertical or diagonal line.

F. Non-winning tickets will never contain more than two (2) of the same PLAY SYMBOLS over the entire game play area.

G. Consecutive non-winning tickets should not have the same combination of 4 PRIZE values in the same order.

H. Consecutive non-winning tickets will not have identical games (e.g. if the first ticket shows Crown, Star and Anchor in any game, then the next ticket may not contain Crown, Star and Anchor in that exact order in any game).

I. Winning ticket can win by getting three (3) identical Play Symbols in the same Game or by revealing a Bell symbol in any game.

J. A Bell symbol will only appear on winning tickets.

K. The Bell symbol will only appear once per winning game and only once per winning ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY SLOTS" Instant Game prize of $1.00, $2.00, $4.00, $10.00, $20.00, $50.00, $100, 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 $50.00, $100, 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 2.3.C of these Game Procedures.

B. To claim a "LUCKY SLOTS" Instant Game prize of $5,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "LUCKY SLOTS" 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.