TITLE in-addition

Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of February 18, 2005, through March 3, 2005. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on March 9, 2005. The public comment period for these projects will close at 5:00 p.m. on April 8, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: Galveston County Parks Department ; Location: The project is located along Clear Creek, within Walter Hall Park, in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: League City, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 296044; Northing: 3266750. Project Description: The applicant proposes to construct 750 linear feet of shoreline stabilization using riprap. The area of fill below the ordinary high water mark will be 0.24 acre. The proposed volume of fill will be 1,162 cubic yards. The riprap will extend 20 feet out into Clear Creek. The applicant is also proposing to construct 350 linear feet of pier/boardwalk over the riprap. CCC Project No.: 05-0140-F1; Type of Application: U.S.A.C.E. permit application #23588 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Velasco Drainage District ; Location: The project is located in the Dow freshwater canal, at the approach and discharge channels, approximately 0.8 miles southwest of the intersection of Sycamore Street and SH 288, in Brazoria County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Lake Jackson, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 262476; Northing: 3210706. Project Description: The applicant proposes to discharge approximately 500 cubic yards of fill into waters of the U.S. and excavate 4,307 cubic yards of sand and clay to expand the existing Clute-Lake Jackson pump station by installing 4 additional pumps, 8-foot-diameter discharge pipes, and concrete flow attenuation structures. Temporary cofferdams will also be placed within the approach and discharge channels during construction. The additional pumps and the 3 existing pumps will have a total discharge rate of 1.95 million gallons per minute (gpm), or approximately 260,000 gpm/pump. Direct impacts from the project include the excavation of 0.06 acre of jurisdictional wetlands and 0.45 acre of open waters.

Based on a preliminary jurisdictional determination, it appears that a total of approximately 400 square feet of two isolated wetlands will be filled during placement of the excavated material. The project will result in a net increase of open water by 1.29 acres, mostly as a result of the excavation of uplands on the approach channel.

CCC Project No.: 05-0144-F1; Type of Application: U.S.A.C.E. permit application #11176(02) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Compass Port, LLC ; Location: The project involves two properties. The first, a 101-acre fabrication site is located on the property of Kiewit Offshore Services (KOS) along the La Quinta Channel and Jewel Fulton Canal in the northeast portion of Corpus Christi Bay, Ingleside, San Patricio County, Texas. The fabrication site project can be located on the U.S.G.S. quadrangle map entitled: Port Ingleside, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 673500; Northing: 3082455. The second site (placement site), is a 38-acre site located approximately one mile north of the existing developed KOS fabrication facility in the City of Ingleside, San Patricio County, Texas. The placement site project can be located on the U.S.G.S. quadrangle maps entitled: Port Ingleside, Texas and Aransas Pass, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 674380; Northing: 3084125. Project Description: The applicant proposes to construct a casting basin adjacent to the La Quinta Channel to facilitate the construction of two Gravity-Based Structures (GBS's) associated with the construction of an offshore LNG facility. Construction of the GBS's would require flooding the casting basin; thereby creating approximately 24 acres of waters of the United States that would be filled in and restored to pre-project elevations upon completion of the project. The LNG facility would be located in the Gulf of Mexico, approximately 11 miles south of Dauphin Island, Alabama. Construction of the Compass Port offshore LNG facility and associated pipelines is being evaluated by the USACE Mobile District.

The proposed GBS fabrication site is a 101-acre area, on KOS's property, adjacent to the La Quinta Channel. Construction of the casting basin would consist of mechanically excavating a basin that is 45 feet below Mean Sea Level. The basin would be of sufficient size to accommodate the construction of two GBS's within the basin. The casting basin would have approximate dimensions of 960 feet by 505 feet at the bottom of the basin. The sides of the basin would be sloped at about 2H:1V. The top of the basin's cut would be approximately 1250- by 850-feet.

During GBS construction, the basin would be separated from the La Quinta Channel by a low-permeability cement/bentonite slurry bund wall. It will be necessary to continually de-water the casting basin. Dewatering equipment will operate during the GBS construction to remove water inflow into the basin. Discharge from dewatering pumps will be directed to a settling pond located on the site prior to discharge into local waterways. The site's storm water drainage also will be routed through the settling pond. The dimensions of the settling pond would be approximately 615- by 520-feet.

About 1.8 million cubic yards of soil would be excavated from the basin area and approximately 33,000 cubic yards of material would be excavated from the settling/retention pond. The applicant proposes to place the excavated material in a 38-acre placement site located approximately one-half mile north of the proposed fabrication site. Excavated material would be transported via trucks to a placement area approximately one-half mile to the north. The proposed 38-acre disposal site is a mixture of scrub-shrub, mesquite-dominant uplands and geographically isolated herbaceous wetlands. The proposed 38-acre disposal site would require site preparation such as the construction of levees.

Upon completion of the casting basin and ancillary facilities, two GBS's will be fabricated within the casting basin. Following construction, the casting basin would be flooded with water from the adjacent waterway, effectively "floating" the GBS's. When the GBS's are ready for transportation, the bund wall will be dredged, exposing the casting basin to the adjacent waterway. Tugboats will then maneuver the GBS's out of the casting basin, into the shipping channel, and out to sea for installation at Compass Port.

The applicant proposes to remove/dredge the bund wall and the area between the existing shoreline and the La Quinta Channel by hydraulically dredging it to provide the required clearance for the float-out. The estimated volume of material that would need to be excavated is approximately 700,000 cubic yards. This volume includes the removal of the entire bund wall (approximately 200,000 cubic yards), including the slope inside the casting basin. The wet dredge material would be hydraulically transported to Dredge Material Placement Area 13, or Berry Island, both of which are authorized placement areas.

Dredging between the La Quinta Channel and the existing shoreline has already been authorized under Department of the Army (DA) Permit 22302; however, the work has not been completed. On August 31, 2001, the Galveston District of the USACE issued DA Permit 22302 to KOS for the construction of a 3,500-foot bulkhead, the placement of 340 linear feet of riprap revetment along the La Quinta Channel and dredge area of 50.9 acres. To date, approximately 1,900 feet of the bulkhead and adjacent filling and dredging has been completed. The remaining construction of approximately 1,500 feet of bulkhead and associated dredge and fill activities has not been completed.

On August 26, 2002, DA Permit 22302 was amended to widen a section of the La Quinta Channel and deepen a portion of the Kiewit Basin through the dredging of approximately 500,000 cubic yards of material. The area immediately in front of the casting basin would be dredged in accordance with existing DA Permit 22302 and its amendment. All mitigation associated with the dredge and fill activities adjacent to La Quinta Channel have been successfully completed.

Following the GBS float-out, the applicant proposes to demobilize all fabrication materials associated with the proposed Compass Port Project, fill the casting basin to its original grade and elevation, and replant the area with native vegetation. The proposed 38-acre disposal site would be revegetated as required by the landowner. The required time for utilization of the site will be approximately 4 years from permitting through site closure.

CCC Project No.: 05-0147-F1; Type of Application: U.S.A.C.E. permit application #13093(02) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Galveston Bay Foundation ; Location: The project is located along the West Galveston Bay shoreline at the north end of 103rd Street on Galveston Island in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Virginia Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 317228; Northing: 3239483 to Easting: 315826; Northing: 3238904. Project Description: The applicant proposes to construct a 3,557-linear-foot cement-bag breakwater near the shoreline to prevent ongoing shoreline erosion adjacent to the Galveston Bay Foundation preserve and to create/enhance marine habitat (intertidal marsh, seagrass, oyster reef) components in the project area. Approximately 790 cubic yards of cement bags would be discharged, covering approximately 0.13 acres of bay bottom. CCC Project No.: 05-0149-F1; Type of Application: U.S.A.C.E. permit application #23637 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: Queen Isabel Inn ; Location: The project is located on the west shoreline of Laguna Madre, and the foreshore area of the Queen Isabel Hotel, approximately 500 to 650 feet southeast of the Queen Isabella Causeway, Port Isabel, Cameron County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Isabel, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 679601; Northing: 2885316. Project Description: The applicant proposes to modify Department of Army Permit 19925(01) by installing 16 finger piers that measure 3 feet wide and vary in length from 19 to 30 feet. The finger piers will service fifteen proposed boat slips for recreational watercraft owned by hotel patrons. Each boat slip will be dredged by a land-based dragline to three feet below the existing bay bottom. Dredged material is to be placed on adjacent uplands that are located onsite and on the adjacent tract to the southeast and in such a manner so as not to return to Laguna Madre. CCC Project No.: 05-0153-F1; Type of Application: U.S.A.C.E. permit application #19925(03) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Palace Exploration Company ; Location: The project is located in Matagorda Bay, approximately 8.1 miles southwest of Matagorda, Texas, in Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Palacios Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 787306; Northing: 3168072. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. Such activities include installation of a 150-foot-long by 50-foot-wide marine drilling barge, stabilized by six 3-pile clusters. No shell pad will be utilized. Should the well prove to be productive, the applicant proposes to replace the drilling platform with a 20-foot by 10-foot well protection platform. Depth along the project site is -8.86 feet below mean high water. CCC Project No.: 05-0156-F1; Type of Application: U.S.A.C.E. permit application #23609 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Davis Petroleum Corporation ; Location: The project is located in Galveston Bay, Texas State Tract (ST) 99, Chambers County, Texas. The well can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 319720.79; Northing: 3277403.22. Project Description: The applicant proposes to erect and maintain structures and to perform work to drill and produce the ST-99 Well No. 2. This activity consists of the permanent placement of a 30-foot by 7-foot well platform and a 70-foot by 70-foot production platform with a 6-inch flowline jetted or trenched between the two. During drilling operations, the applicant will place 2,667 cubic yards of shell, gravel, or crushed rock for the marine barge pad. A survey was conducted and no shell reefs or oysters were found within the proposed work area. CCC Project No.: 05-0157-F1; Type of Application: U.S.A.C.E. permit application #23682 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Davis Petroleum Corporation ; Location: The project is located in Galveston Bay, Texas State Tract (ST) 113, Chambers County, Texas. The well can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 319910.2; Northing: 3274726.0. Project Description: The applicant proposes to erect and maintain structures and to perform work to drill and produce the ST-113 Well No. 1. This activity consists of the permanent placement of a 30-foot by 7-foot well platform and a 70-foot by 70-foot production platform, with a 6-inch flowline jetted or trenched between the two. During drilling operations, the applicant will place 2,667 cubic yards of shell, gravel, or crushed rock for the marine barge pad. A survey was conducted and no shell reefs or oysters were found within the proposed work area. CCC Project No.: 05-0158-F1; Type of Application: U.S.A.C.E. permit application #23683 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Davis Petroleum Corporation ; Location: The proposed well is located in Texas State Tract (ST) 99, in Galveston Bay, Chambers County, Texas. The well can be located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 320603.90; Northing: 3277688.63. The proposed pipeline is located from the proposed well to an existing production platform located on the U.S.G.S. quadrangle map entitled: Smith Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 319721; Northing: 3277403. Project Description: The applicant proposes to erect and maintain structures and to perform work to drill and produce the ST-99 Well No. 3. This activity consists of the permanent placement of a 30-foot by 7-foot well platform and a 70-foot by 70-foot production platform. During drilling operations the applicant will place 2,667 cubic yards of shell, gravel, or crushed rock for the marine barge pad. The applicant also proposes to install an 8-inch pipeline from Well No. 3 to the existing production platform at ST-99 Well No. 1. The proposed pipeline will be 3,255 feet long and jetted or trenched to a depth of 3 feet below the bay bottom. A survey was conducted and no shell reefs or oysters were found within the proposed work area. CCC Project No.: 05-0159-F1; Type of Application: U.S.A.C.E. permit application #23689 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above may be obtained from Tammy Brooks, Program Specialist, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200501059

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: March 8, 2005


Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapter 2155, Section 2155.001, Chapter 403, Section 401.011 and Chapter 2156, Section 2156.121, Texas Government Code; the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP #172d) from qualified, firms to provide Outbound Mailing Services to the Comptroller. The successful respondent, if any, will provide outbound mailing services to the Comptroller on an as needed basis as described in the RFP.

Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., RM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 18, 2005, between 2:00 p.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Texas Marketplace after Friday, March 18, 2005, 2:00 p.m. (CZT).

Pre-proposal conference: A pre-proposal conference will be held on April 8, 2005 at 111 E. 17th St., RM 212c, Austin, Texas, 78774. Conference time is 10:00 a.m. CZT. Attendance at the pre-proposal conference is not a prerequisite to submitting a proposal but is strongly encouraged.

Questions and Mandatory Letters of Intent: All written inquiries, questions, and Mandatory Letters of Intent to propose must be received at 111 E. 17th Street, Rm G-24, Austin, Texas 78774 not later than 2:00 p.m. (CZT) on Monday, April 11, 2005. Prospective respondents are encouraged to fax mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Mandatory Letters of Intent and Questions received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit letters of intent by the above date and time. Respondents are encouraged to verify and are solely responsible for verifying timely receipt of letters of intent in that office (ROOM G-24). On or about Friday, April 15, 2005, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice on the issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Friday, April 29, 2005. Proposals received in ROOM G-24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to verify and are solely responsible for verifying timely receipt of proposals in that office (ROOM G24).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller shall make the final decision on any contract award or awards resulting from this RFP.

The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - March 18, 2005, 2:00 p.m. CZT; Pre-Proposal Conference- April 8, 2005, 10:00 a.m. CZT; Mandatory Letter of Intent to propose and Questions Due - April 11, 2005, 2:00 p.m. CZT; Official Responses to Questions posted - April 15, 2005, or as soon thereafter as practical; Proposals Due - April 29, 2005, 2:00 p.m. CZT, Contract Execution - May 27, 2005, or as soon thereafter as practical; and Commencement of Project Activities -June 1, 2005 for any necessary transition in preparation for services to begin September 1, 2005.

TRD-200501081

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: March 9, 2005


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003 and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 03/14/05 - 03/20/05 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 03/14/05 - 03/20/05 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200501058

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 8, 2005


Texas Commission on Environmental Quality

Enforcement Orders

A default order was entered regarding DBW Enterprises, Ltd. dba Scotty Mint Grocery, Docket No. 2003-0259-PST-E on 02/15/2005 assessing $6,300 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barbara Klein, Staff Attorney at 512/239-1320, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding E. I. Du Pont de Nemours and Company, Docket No. 2002-1118-IWD-E on 02/15/2005 assessing $17,300 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lindsay Andrus, Staff Attorney at 512/239-4761, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Albert E. Ellis dba Houston Land Designers, Docket No. 2003-1553-LII-E on 02/15/2005 assessing $250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Deborah Bynum, Staff Attorney at 512/239-1976, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mohammad N. Qureshi dba Hah Gas Mart, Docket No. 2003-0855-PST-E on 02/15/2005 assessing $3,870 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barbara Watson, Staff Attorney at 512/239-2044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Garland, Docket No. 2002-1353-AIR-E on 02/15/2005 assessing $4,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Wendy Cooper, Staff Attorney at 817/588-5867, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Laredo, Docket No. 2003-1285-MWD-E on 02/15/2005 assessing $6,550 in administrative penalties with $1,310 deferred.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at 512/239-4482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Antonio Garcia dba Garcia Junk Yard, Docket No. 2003- 1476-MSW-E on 02/15/2005 assessing $2,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lindsay Andrus, Staff Attorney at 512/239-4761, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Atofina Petrochemicals, Inc., Docket No. 2004-0065- AIR-E on 02/15/2005 assessing $27,020 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at 512/239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dominion Exploration & Production, Inc., Docket No. 2003-1324-AIR-E on 02/15/2005 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator at 512/239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Inayat Enterprises, Inc. dba Mini Max Food Mart, Docket No. 2003-1005-PST-E on 02/15/2005 assessing $5,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Wendy Cooper, Staff Attorney at 817/588-5867, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sharon Washington dba S & J Tire Service, Docket No. 2003-1539-MSW-E on 02/15/2005 assessing $5,500 in administrative penalties with $1,100 deferred.

Information concerning any aspect of this order may be obtained by contacting Carolyn Lind, Enforcement Coordinator at 903/535-5145, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Babaji & Company, Inc. dba Phillips 66, Docket No. 2004-0174-PST-E on 02/15/2005 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at 361/825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Nizamani, Inc. dba Delta Food Store, Docket No. 2004- 0208-PST-E on 02/15/2005 assessing $3,850 in administrative penalties with $770 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at 817/588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2004-0296-AIR-E on 02/15/2005 assessing $11,325 in administrative penalties with $2,265 deferred.

Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at 512/239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Car Spa, Inc. dba Car Spa Car Wash, Docket No. 2004- 0343-PST-E on 02/15/2005 assessing $7,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at 817/588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Munisha, Inc. dba Grab all Drive In Grocery, Docket No. 2004-0406-PWS-E on 02/15/2005 assessing $350 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ashley Kever, Staff Attorney at 512/239-2987, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Enbridge Pipelines Texas Gathering, Inc., Docket No. 2004-0413-AIR-E on 02/15/2005 assessing $6,350 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Richard Croston, Enforcement Coordinator at 512/239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron U.S.A., Inc. dba Chevron Products Company, Docket No. 2004-0425-IWD-E on 02/15/2005 assessing $6,880 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at 512/239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Enbridge Pipelines (East Texas), LP, Docket No. 2004- 0439-AIR-E on 02/15/2005 assessing $2,425 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at 512/239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2004-0458-AIR-E on 02/15/2005 assessing $13,090 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at 512/239-2680, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Water Association of North Lake, Inc., Docket No. 2004- 0464-PWS-E on 02/15/2005 assessing $2,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Catherine Albrecht, Enforcement Coordinator at 713/767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dalton Oil, Inc., Docket No. 2004-0493-PST-E on 02/15/2005 assessing $1,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator at 512/239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Signature Stores, Inc. dba One Stop Fina, Docket No. 2004-0514-PST-E on 02/15/2005 assessing $3,510 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at 512/239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Caney Creek Haven Club Civic Committee, Inc. dba Caney Creek Haven Club Water System, Docket No. 2004-0516-PWS-E on 02/15/2005 assessing $1,523 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator at 713/422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Red Star Truck Terminal, Inc. dba Texaco Gas and Go 3, Docket No. 2004-0575-PST-E on 02/15/2005 assessing $3,850 in administrative penalties with $770 deferred.

Information concerning any aspect of this order may be obtained by contacting Susan Longenecker, Enforcement Coordinator at 512/239-0968, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ZSA Investment, Inc. dba J's Shoppers Mart, Docket No. 2004-0588-PST-E on 02/15/2005 assessing $4,950 in administrative penalties with $990 deferred.

Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at 512/239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Clean Harbors Deer Park, LP, Docket No. 2004-0621- IHW-E on 02/15/2005 assessing $12,750 in administrative penalties with $2,550 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at 512/239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pay and Save, Inc., Docket No. 2004-0693-PST-E on 02/15/2005 assessing $10,000 in administrative penalties with $2,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at 512/239-4482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Masters Resources, LLC, Docket No. 2004-0701-AIR-E on 02/15/2005 assessing $8,000 in administrative penalties with $1,600 deferred.

Information concerning any aspect of this order may be obtained by contacting Lori Thompson, Enforcement Coordinator at 903/535-5116, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Town of Prosper, Docket No. 2004-0749-MWD-E on 02/15/2005 assessing $3,420 in administrative penalties with $684 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Hupp, Enforcement Coordinator at 512/239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Thomas Newman dba T J & N Water Utility dba Cedar Oaks Mobile Home Community and Homestead Oaks Mobile Home Community, Docket No. 2004- 0750-PWS-E on 02/15/2005 assessing $2,416 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at 713/422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Fleetpride, Inc., Docket No. 2004-0761-MLM-E on 02/15/2005 assessing $1,150 in administrative penalties with $230 deferred.

Information concerning any aspect of this order may be obtained by contacting Chad Blevins, Enforcement Coordinator at 512/239-6017, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Holder Management and Construction, Inc., Docket No. 2004-0778-SLG-E on 02/15/2005 assessing $3,500 in administrative penalties with $700 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Hupp, Enforcement Coordinator at 512/239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Bissonnet Municipal Utility District, Docket No. 2004- 0804-MWD-E on 02/15/2005 assessing $1,900 in administrative penalties with $380 deferred.

Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at 512/239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cooper Cameron Corporation, Docket No. 2004-0920- MWD-E on 02/15/2005 assessing $3,580 in administrative penalties with $716 deferred.

Information concerning any aspect of this order may be obtained by contacting Jill Reed, Enforcement Coordinator at 432/620-6132, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Fort Gates WSC, Docket No. 2004-0925-PWS-E on 02/15/2005 assessing $2,650 in administrative penalties with $530 deferred.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at 512/239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Three Rivers, Docket No. 2004-0933-PWS-E on 02/15/2005 assessing $250 in administrative penalties with $50 deferred.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at 512/239-2680, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding D & D Investments Partners, LP, Docket No. 2004-0936- SLG-E on 02/15/2005 assessing $1,950 in administrative penalties with $390 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Albrecht, Enforcement Coordinator at 713/767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Son & Chi Corporation dba Buckingham Chevron, Docket No. 2004-0943-PST-E on 02/15/2005 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Kent Heath, Enforcement Coordinator at 512/239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Yoon K. Suh and Gregory T. Adams dba Griffis Corner, Docket No. 2004-1042-PST-E on 02/15/2005 assessing $16,500 in administrative penalties with $3,300 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at 512/239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Collinsworth & Watson, Inc., Docket No. 2004-1053- PST-E on 02/15/2005 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator at 512/239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mass Marketing, Ltd. dba Super S Foods 327, Docket No. 2004-1107-PST-E on 02/15/2005 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Kent Heath, Enforcement Coordinator at 512/239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200501077

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 9, 2005


Notice of District Petition

Notices mailed March 7, 2005

TCEQ Docket No. 2004-2030-DIS; The Texas Commission on Environmental Quality (TCEQ) will conduct a hearing on an application for dissolution (application) of Harris County Municipal Utility District No. 263 (District). The application was filed with the TCEQ and includes a petition by Bear Creek Trust (applicant), being an owner of property located within the District. The TCEQ will conduct this hearing under the authority of Chapters 49 and 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative Code and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at: 9:30 a.m., Wednesday, April 27, 2005 Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. On June 27, 1984, the Texas Water Commission created the District. The District operates under Texas Water Code Chapters 49 and 54 as a municipal utility district. The petition filed with the application states that dissolution is desirable or necessary because the District is not required for the development of land within its boundaries. The petition filed with the application also states that the District: (1) has performed none of the functions for which it was created for five consecutive years preceding the date of the application, (2) is financially dormant, and (3) has no outstanding bonded indebtedness. An affidavit from the State Comptroller of Public Accounts has been included in the application, certifying that the District has no bonded indebtedness. If the request for dissolution is approved, the District's assets, if any, will escheat to the State of Texas and will be administered by the State Comptroller of Public Accounts and disposed of in the manner provided by Chapter 74 of the Texas Property Code.

TCEQ Docket No. 2004-1944-DIS; The Texas Commission on Environmental Quality (TCEQ) will conduct a hearing on an application for dissolution (application) of Harris County Municipal Utility District No. 268 (District). The application was filed with the TCEQ and includes a petition by NW Houston 529, LP, (applicant), being owners of property located within the District. The TCEQ will conduct this hearing under the authority of Chapters 49 and 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative Code and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at: 9:30 a.m., Wednesday, April 27, 2005, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. On June 14, 1985, the Texas Legislature created the District. The District operates under Texas Water Code Chapters 49 and 54 as a municipal utility district. The petition filed with the application states that dissolution is desirable or necessary because the District is not required for the development of land within its boundaries. The petition filed with the application also states that the District: (1) has performed none of the functions for which it was created for five consecutive years preceding the date of the application, (2) is financially dormant, and (3) has no outstanding bonded indebtedness. An affidavit from the State Comptroller of Public Accounts has been included in the application, certifying that the District has no bonded indebtedness. If the request for dissolution is approved, the District's assets, if any, will escheat to the State of Texas and will be administered by the State Comptroller of Public Accounts and disposed of in the manner provided by Chapter 74 of the Texas Property Code.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on a petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. The TCEQ may approve the application unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this 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 applicant and the TCEQ Docket Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the request in a way uncommon to the general public. You may also submit your proposed adjustments to the application 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. 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.

Persons with disabilities who plan to attend this hearing and who need special accommodations at the hearing should call the TCEQ Office of Public Assistance at 1-800-687-4040 or 1-800- RELAY-TX(TDD), at least one week prior to the hearing.

TRD-200501079

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 9, 2005


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 Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 18, 2005 . 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 18, 2005 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: ABC Group, Inc. dba Come N' Go; DOCKET NUMBER: 2004-0884-PST-E; TCEQ ID NUMBERS: 71185 and RN101552495; LOCATION: 1401 Cooks Lane, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(1)(C)(ii), by failing to maintain required underground storage tanks (USTs) records to such that they are readily accessible and available for inspection upon request by commission personnel; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c), by failing to monitor the USTs for releases at a frequency of at least once every month; and 30 TAC §334.48(c) and §334.50(d)(1)(B)(ii) and (iii)(I) and TWC, §26.3475(c), by failing to conduct effective manual or automatic inventory control procedures; PENALTY: $12,210; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.

(2) COMPANY: Dan Mauldin dba Travis Equipment Company; DOCKET NUMBER: 2003- 0241-AIR-E; TCEQ ID NUMBER: RN102777778; LOCATION: 3876 East Highway 287, Midlothian, Ellis County, Texas; TYPE OF FACILITY: landscaping and equipment business; RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with outdoor burning rules that prohibit unauthorized outdoor burning; PENALTY: $2,700; STAFF ATTORNEY: Barbara Klein, Litigation Division, MC 175, (512) 239- 1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Friend Enterprises Inc. dba Friendly Mart; DOCKET NUMBER: 2003-1045- PST-E; TCEQ ID NUMBERS: 0007146, CN601370315, and RN100825090; LOCATION: 7200 Manchaca, Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and §334.48(c) and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once per month and failing to conduct inventory control and reconciliation for a UST system at a retail facility; §334.50(b)(2)(A)(i)(III) and (ii) and TWC, §26.3475(a), by failing to test or monitor the piping in the UST system for releases; and TWC, §7.101 and Default Order 96-0945-PST-E, Ordering Provision Number 5, by failing to pay the administrative penalty; PENALTY: $16,200; STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(4) COMPANY: Larry Gossett dba Oaks Mobile Home Park; DOCKET NUMBER: 2004- 0239-PWS-E; TCEQ ID NUMBERS: 2200150 and RN102324118; LOCATION: 6713 Anglin Drive, Forest Hill, Tarrant County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(q), by failing to issue a "boil water notification" to customers of the facility within 24 hours of the occurrence of a water outage at the facility; PENALTY: $250; STAFF ATTORNEY: Barbara J. Watson, Litigation Division, MC 175, (512) 239-2044; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Maurice Lozano; DOCKET NUMBER: 2004-0088-OSS-E; TCEQ ID NUMBER: RN104101282; LOCATION: 11125 Dallas Road, Block 13, Lot 6, Carlsbad, Tom Green County, Texas; TYPE OF FACILITY: sewage disposal pit; RULES VIOLATED: 30 TAC §285.3(i), by operating a seepage pit treating or disposing of less than 5,000 gallons of sewage per day; PENALTY: $788; STAFF ATTORNEY: Barbara Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(6) COMPANY: Mohammed K. Aroud dba Jones Mart Shell; DOCKET NUMBER: 2004- 0089-PST-E; TCEQ ID NUMBERS: 33010 and RN102834223; LOCATION: 11702 Jones Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to monitor USTs in a manner that will detect a release at a frequency of at least once every month; 30 TAC §334.8(c)(4)(B) and §334.7(a)(1) and TWC, §26.346(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed and submitted to the agency in a timely manner; 30 TAC §37.815(a)(1) and (b)(1), 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 arising from the operation of petroleum USTs; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate before delivery of a regulated substance into the USTs; 30 TAC §334.48(c), by failing to conduct inventory control at a retail facility; 30 TAC §334.22(a), by failing to pay annual UST registration and associated late fees; and 30 TAC §334.73 and §334.74, by failing to conduct a site check upon the request of the TCEQ when environmental contamination is the basis for suspecting a release; PENALTY: $132,500; STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(7) COMPANY: Pete Maldonado; DOCKET NUMBER: 2003-0026-MSW-E; TCEQ ID NUMBER: RN102959442; LOCATION: Pandale Road 15 miles south of Ozona, Crockett County, Texas; TYPE OF FACILITY: scrap tire site; RULES VIOLATED: 30 TAC §328.57(c)(3), by failing to transport scrap tires to an authorized site; 30 TAC §328.57(c)(1), by failing to obtain a scrap tire transporter registration prior to collecting and transporting scrap tires; and 30 TAC §328.60(a), by failing to obtain a scrap tire storage site registration prior to storing more than 500 scrap tires on the ground; PENALTY: $5,600; STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(8) COMPANY: Syeda Enterprises, Inc. dba Buy N Buy Drive In; DOCKET NUMBER: 2004-0611-PST-E; TCEQ ID NUMBERS: 34775 and RN101782043; LOCATION: 1310 North Pine Street, Kountze, Hardin County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records on-site; 30 TAC §115.242(3)(G) and (5) and THSC, §382.085(b), by failing to operate the Stage II system in proper operating condition and free of defects that would impair the effectiveness of the system; 30 TAC §334.10(b), by failing to have records of the line leak detector test, release detection, and gasoline deliveries available during the inspection; 30 TAC §334.10(b) and TWC, §26.3475(c)(2), by failing to equip the tank with overfill prevention equipment; 30 TAC §334.48(c), by failing to conduct inventory control as required for retail fuel dispensing facilities; 30 TAC §334.50(b)(2) and (1)(A) and TWC, §26.3475(a), by failing to provide proper release detection for the product piping associated with the UST system and by failing to ensure that all tanks were monitored for releases at a frequency of at least once every month; 30 TAC §334.8(c)(5)(C), by failing to permanently tag, label, or mark the UST system with an identification number listed on the UST registration and self-certification form; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to successfully conduct triennial vapor recovery system testing; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay UST fees; PENALTY: $34,680; STAFF ATTORNEY: Barbara Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200501048

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 8, 2005


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 18, 2005 . 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 18, 2005 . 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: Canyon Lake Water Supply Corporation; DOCKET NUMBER: 2003-0532- MLM-E; TCEQ ID NUMBERS: 0460172 and RN101247039; LOCATION: intersection of Meckel Road and Triple Peak Road, Canyon Lake, Comal County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(m)(4), by failing to maintain all water storage facilities and related appurtenances in a watertight condition; 30 TAC §290.42(e)(3)(D), by failing to provide operable scales for the chlorine cylinders so the amount of disinfectant remaining for use can easily be determined at all times; 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 electric code; 30 TAC §290.41(e)(3)(C), by failing to enclose the plant and all appurtenances thereof with an intruder-resistant, locked fence or locked building during periods of darkness or when the plant is not attended; 30 TAC §290.41(c)(3)(O), by failing to maintain three strands of barbed wire at the top of the fence surrounding the well sites; 30 TAC §290.41(c)(3)(N), by failing to maintain an operational flow meter on each well pump discharge line; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement from property owners covering the land within 150 feet of the well location or to secure a commission-approved exception to the easement requirement; 30 TAC §290.42(d)(6)(E)(ii), by failing to provide adequate containment facilities for all liquid chemical storage tanks; 30 TAC §290.113(b)(1) and (f)(4), by failing to maintain compliance with the maximum containment level of 0.080 milligrams per liter for trihalomethanes (TTHM) in the drinking water supplied to the customers; 30 TAC §290.113(g)(1) and §290.122(b), by failing to provide public notice of the first quarter TTHM exceedances to all customers of the water supply system within 30 days after the exceedance was identified; 30 TAC §305.42(a) and TWC, §26.121(a)(1), by failing to obtain a permit for the impoundment of wastewater into a holding pond; and TWC, §26.121(a)(1), by allowing an unauthorized discharge to an adjacent property from an unpermitted holding pond; PENALTY: $7,395.50; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Don Vogt dba West Side Salvage; DOCKET NUMBER: 2004-1404-MSW-E; TCEQ ID NUMBER: RN104192182; LOCATION: one mile north of the intersection of Highway 359 and J. C. Perez Road, Oilton, Webb County, Texas; TYPE OF FACILITY: unauthorized waste disposal site; RULES VIOLATED: 30 TAC §330.5(a) and §330.32(b)(1), by failing to transport and dispose of waste at an authorized disposal facility; PENALTY: $2,520, STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3638, (956) 791- 6611.

(3) COMPANY: J.D. Grewal, Inc. dba Spin N Market 7; DOCKET NUMBER: 2004-1227- PST-E; TCEQ ID NUMBERS: 54555 and RN102937836; LOCATION: 308 North Winfree, Dayton, Liberty County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks; PENALTY: $2,850; STAFF ATTORNEY: Mary Clair Lyons, Litigation Division, MC 175, (512) 239-6996; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Meng Taing dba Drive In Grocery; DOCKET NUMBER: 2004-0574-PST-E; TCEQ ID NUMBER: 6273; LOCATION: 1217 Terminal Road, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety Code, §382.085(b), by failing to verify proper operation of the Stage II equipment by performing the annual testing within 12 months of the last successful annual test performed; PENALTY: $1,070; STAFF ATTORNEY: Barbara Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200501047

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 8, 2005


Notice of Water Quality Applications

The following notices were issued during the period of March 1, 2005 through March 7, 2005.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

AUC GROUP, L.P. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014566001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 14,300 gallons per day. The facility is located 160 feet south of the intersection of Little River and State Highway 36 in Milam County, Texas.

CAPITOL AREA COUNCIL, INC., BOY SCOUTS OF AMERICA has applied for a renewal of Permit No. 14187-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 23,795 gallons per day via subsurface drainfields with a minimum area of 85,334 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located on a 541-acre tract located along Farm- to-Market Road 1441 nearly 3.5 miles east of its intersection with State Highway 95, between U.S. Highway 290 and State Highway 71, approximately 5 miles north of Bastrop along State Highway 95 in Bastrop County, Texas.

FRONTIER FERTILIZER & CHEMICAL CO., L.L.C. which operates a fertilizer mix plant, has applied for a renewal of Permit No. WQ0002405000, which authorizes the disposal of wash down, groundwater, and storm water via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and evaporation pond are located at the southeast corner of the intersection of Texas Highway 114 and Farm-to-Market Road 2378 which is two miles west of Reese Center (formerly Reese Air Force Base) and adjacent to the south edge of the West Texas and Lubbock Railroad, Lubbock County, Texas.

GRAND MISSION MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to delete Interim II phase of 0.40 million gallons per day (MGD) and Interim III phase of 0.50 MGD and authorize an Interim II phase of 0.60 MGD. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,000,000 gallons per day. The facility is located approximately 0.9 mile south and 0.5 mile west of the intersection of Farm-to-Market Road 1093 and Harlem Road in Fort Bend County, Texas.

WEST HARDIN COUNTY CONSOLIDATED INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 11274-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day. The facility is located immediately south of the intersection of State Highway 105 and Farm-to-Market Road 770 and approximately 1,000 feet east of Pine Island Bayou in Hardin County, Texas.

RODDIE WOOL SCOURING COMPANY, INC which operates a raw wool washing facility, has applied for a renewal of Permit No. WQ0001297000, which authorizes the disposal of process wastewater from the scouring of raw wool and boiler blowdown at a daily average flow not to exceed 143,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and evaporation ponds are located at the intersection of East 2nd Street and A.L. Reed Street in the City of Brady, McCulloch County, Texas.

CITY OF SINTON has applied for a renewal of TPDES Permit No. 13641-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day . The facility is located in the Rob and Bessie Welder Park on U. S. Highway 181, approximately 2.4 miles north of the intersection of U. S. Highway 181 and Farm-to-Market Road 881 in San Patricio County, Texas.

THE U. S. DEPARTMENT OF JUSTICE has applied for a renewal of Permit No. 13461-001 to authorize the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 30,000 gallons per day via irrigation of 82 acres of non-public access. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located on Federal Correctional Institute Three Rivers land approximately 2,000 feet south of State Highway 72 and 8 miles west of the Town of Three Rivers in Live Oak County, Texas.

CITY OF WAELDER has applied for a major amendment to TPDES Permit No. 14252-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 120,000 gallons per day to a daily average flow not to exceed 365,000 gallons per day. The facility is located on the north bank of Baldridge Creek in the southeast portion of the City of Waelder approximately 0.71 mile southeast of the intersection of U. S. Highway 90 and State Highway 97 in Gonzales County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 10 DAYS OF THE ISSUED DATE OF THIS NOTICE

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor modification of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to CITY OF EDCOUCH to correct duplicate pages, numbered 26-28, and to correct a discrepancy in Other Requirement No. 1. The operator must have a Class C certificate of competency. The existing permit incorrectly required a Class D certificate of competency. Other requirement No. 1 has been amended to reflect the correct requirement. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 310,000 gallons per day. The facility is located approximately 0.5 mile northeast of the intersection of State Route 107 and Farm-to-Market Road 1015 in Hidalgo County, Texas.

TRD-200501078

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 9, 2005


Notice of Water Rights Application

Notices mailed March 7 and March 8, 2005.

APPLICATION NO. 5863; The Great American Foods Corporation, 7566 U.S. Highway 259 N, Ore City, Texas 75683, applicant, seeks a Water Use Permit pursuant to Texas Water Code 11.143 and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. The Great American Foods Corporation seeks authorization to maintain an existing reservoir on an unnamed tributary of Paw Paw Bayou, Cypress Basin, in Harrison County, for recreational purposes. The reservoir has a capacity of 91.8 acre-feet of water with a surface area of 9.18 acres, and is located in the W.H. Adams Original Survey, Abstract A-54, approximately 17 miles east from Marshall and 1 mile west from Waskom, Texas. The midpoint on the centerline of the dam is 100 feet north from the southwest corner of the Adams Survey, also being at Latitude 32.4819 N and Longitude 94.0867 W. No diversions are requested. Ownership of the land inundated by the reservoir is evidenced by an Assumption Warranty Deed dated September 6, 2000, filed in Volume 2142, Pages 75-80 in the County Clerk's Office of Harrison County, Texas. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and fees were received on September 29, 2004, and additional requested information was received on December 22, 2004. The application was declared administratively complete and filed with the Office of the Chief Clerk on January 7, 2005. 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, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 5862; Sanger Development, LP, 4401 N. I-35, Suite 107, Denton, Texas 76207, applicant, seeks a Water Use Permit pursuant to Texas Water Code 11.143, and Texas Natural Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Sanger Development, LP, seeks to modify and maintain an existing reservoir on an unnamed tributary of Ranger Branch, tributary of Clear Creek, tributary of the Elm Fork Trinity River, tributary of the Trinity River, Trinity River Basin, in Denton County, for recreational purposes. The reservoir will have a capacity of 40 acre-feet of water, surface area of 3.46 acres, and will be located in the Rueben Bebee Original Survey, Abstract 29, approximately 1 mile east from Sanger and 10 miles north from Denton, Texas. The midpoint on the centerline of the dam will be N89.23 W, 9,206 feet from the southeast corner of the Rueben Bebee Original Survey, also being Latitude 33.359 N and Longitude 97.154 W. Applicant has indicated that the reservoir will be maintained using municipal water purchased from the City of Sanger. During dry periods, the reservoir will be maintained at 2 feet below spillway level. No diversions are requested. The commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and partial fees were received on September 3, 2004, and requested information and fees were received on October 8 and December 28, 2004. The application was declared to be administratively complete and filed with the Office of the Chief Clerk on January 13, 2005. 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, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

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-200501080

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 9, 2005


Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 25, 2005 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 25, 2005 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: Angleton Independent School District; DOCKET NUMBER: 2004-1618-PST- E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 18696, Regulated Entity Reference Number (RN) 101805513; LOCATION: Angleton, Brazoria County, Texas; TYPE OF FACILITY: bus garage; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,460; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: AQA Retails, Inc. Dba Stop-N-Drive 1; DOCKET NUMBER: 2004-1601- PST-E; IDENTIFIER: PST Facility Identification Number 27763, RN101738433; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,640; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Sandra Phelps dba Avery 7-11; DOCKET NUMBER: 2004-1419-PST-E; IDENTIFIER: PST Facility Identification Number 5133, RN102956828; LOCATION: Avery, Red River County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4) COMPANY: Bell County Water Control and Improvement District Number 1; DOCKET NUMBER: 2004-0793-MWD-E; IDENTIFIER: RN103155560; LOCATION: Killeen, Bell County, Texas; TYPE OF FACILITY: beneficial land use; RULE VIOLATED: 30 TAC §312.4(e) and the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of municipal sludge; and 30 TAC §312.9(d) and the Code, §5.702(a), by failing to pay registration fees for beneficial land use registration; PENALTY: $800; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710- 7826, (254) 751-0335.

(5) COMPANY: Ali Mohammad Munaf dba Brownies Mini Mart; DOCKET NUMBER: 2004- 1892-PST-E; IDENTIFIER: PST Facility Identification Number 47423, RN102371580; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Choice Petroleum, Inc. dba DJ's Country Store #2; DOCKET NUMBER: 2004-1058-PST-E; IDENTIFIER: PST Facility Identification Number 66384, RN102049053; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,180; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Mehindi Fatehal Ajani dba Circle A Food Store; DOCKET NUMBER: 2004- 1388-PST-E; IDENTIFIER: PST Facility Identification Number 39369, RN102238409; LOCATION: Crowley, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay underground storage tank (UST) registration annual fees; PENALTY: $3,210; ENFORCEMENT COORDINATOR: David VanSoest, (512) 239-0468; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Dahisar Business, Inc. dba Honey Stop 2; DOCKET NUMBER: 2004-1641- PST-E; IDENTIFIER: PST Facility Identification Number 24455, RN102253242; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III), and (d)(1)(B)(ii) and the Code, §26.3475(a) and (c), by failing to provide proper release detection, by failing to test a line leak detector, by failing to permit a tightness test, and by failing to reconcile inventory control records; and 30 TAC §115.246(1) and THSC, §382.085(b), by failing to maintain a copy of the applicable California Air Resource Board Executive Order; PENALTY: $3,360; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Degussa Engineered Carbons, L.P.; DOCKET NUMBER: 2004-1724-AIR-E; IDENTIFIER: Air Account Number HW0008S, RN100209659; LOCATION: Borger, Hutchinson County, Texas; TYPE OF FACILITY: carbon black production plant; RULE VIOLATED: 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit the initial emissions event report; and 30 TAC §111.111(a)(1)(B) and §116.115(c), Air Permit Number 8780, and THSC, §382.085(b), by failing to maintain an emission rate below the maximum allowable emission rate of 0.38 pounds per hour of particulate matter and failing to maintain the opacity of emissions below the limit of 20%; PENALTY: $5,160; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(10) COMPANY: Peter S. Kim dba EZ Stop N Go; DOCKET NUMBER: 2004-1834-PST-E; IDENTIFIER: PST Facility Identification Number 35153, RN102251006; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: FM 78 Enterprises Inc. dba Capital Food Mart; DOCKET NUMBER: 2004- 1675-PST-E; IDENTIFIER: PST Facility Identification Number 14312, RN101443646; LOCATION: Kirby, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and (4) and the Code, §26.3475(d), by failing to inspect and test the cathodic protection system; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures; 30 TAC §334.7(d)(3) and the Code, §26.346, by failing to provide written notice to the agency of any change or additional information concerning the UST system; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied or affixed to the fill tube; PENALTY: $6,840; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(12) COMPANY: Byron Harris dba Fast Stop Grocery; DOCKET NUMBER: 2004-1665-PST- E; IDENTIFIER: PST Facility Identification Number 21075, RN102902228; LOCATION: Big Spring, Howard County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(13) COMPANY: HSY Inc. dba Beltline Mobil; DOCKET NUMBER: 2004-1922-PST-E; IDENTIFIER: PST Facility Identification Number 17470, RN100536671; LOCATION: Carrollton, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Hong & Taft, Inc. dba H & T Texaco; DOCKET NUMBER: 2004-1826- PST-E; IDENTIFIER: PST Facility Identification Number 69145, RN101827616; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Jeffy's Inc. dba Jeffys Exxon Mobil 2; DOCKET NUMBER: 2004-1676- PST-E; IDENTIFIER: PST Facility Identification Number 2683, RN100564327; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239- 2680; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(16) COMPANY: LC Franklin, Inc. dba Hitching Post; DOCKET NUMBER: 2004-1632-PST- E; IDENTIFIER: PST Facility Identification Number 18564, RN102358629; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), (b)(2)(A)(ii)(I) and (i)(III) and the Code, §26.3475(a) and (c)(1), by failing to provide the UST system with a method, or combination of methods, and release detection capable of detecting a release, by failing to annually test the piping, and by failing to perform an annual performance test on the line leak detectors; 30 TAC §334.10(b)(1)(B), by failing to keep on file and make available for review, inventory control records that show monthly reconciliation is being performed; and 30 TAC §334.7(d)(3), by failing to amend the UST registration and self-certification form; PENALTY: $4,032; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: Lake Livingston Water Supply and Sewer Service Corporation; DOCKET NUMBER: 2003-0639-PWS-E; IDENTIFIER: Certificate of Convenience and Necessity Number 10147, RN101652097; LOCATION: near Livingston, Onalaska, Camilla, Coldspring, Onalaska, Point Blank, Shepherd; Polk, Hardin, and San Jacinto Counties, Texas; TYPE OF FACILITY: public water supply systems; RULE VIOLATED: 30 TAC §290.45(b)(1)(A)(i) and (ii), (C)(i) - (iv), (D)(i) and (iii), and (f), and THSC, §341.0315(c), by failing to provide a well capacity of 0.6 and 1.5 gallons per minute (gpm) per connection, by failing to provide a total storage capacity of 200 gallons per connection, by failing to provide a pressure tank capacity of 50 gallons per connection, by failing to provide two or more wells having a total capacity of 0.6 gpm per connection, by failing to provide a total rated service pump capacity of two gpm per connection, by failing to provide a well capacity of 1.5 gpm per connection, by failing to provide a pressure tank capacity of 50 gallons per connection, by failing to provide a well capacity of 0.6 gpm per connection, by failing to provide a service pump capacity of two gpm per connection, and by failing to provide a proper purchase water contract; 30 TAC §290.43(c)(1) - (7), (d)(3), and Order, Docket Number 31328-S, by failing to ensure that the ground storage tank vent is designed to prevent possible entry of dust, birds, insects, or any contaminants, by failing to provide each of the ground storage tanks with a properly designed roof access opening, by failing to equip the ground storage tank with a proper hinged flap valve, by failing to equip the ground storage tank with a water level indicator, by failing to properly locate the inlet and outlet connections, by failing to maintain the drain of the ground storage tank, and by failing to equip the pressure tank with a site glass; 30 TAC §290.46(b), (e)(1)(A), (f)(2) and (3)(A)(ii), (m)(1)(B), (t), and (u) (now 30 TAC §290.46(e)(4)(B)), and Order, Docket Number 31328-S, by failing to take the proper number of raw water samples, by failing to provide a Class C certified operator, by failing to maintain records of annual pressure tank inspections, by failing to properly maintain a record of operations, by failing to initiate a maintenance program, by failing to properly complete the tank inspections, by failing to provide a legible ownership sign, and by failing to plug an abandoned well; 30 TAC §291.93(3), by failing to submit a planning report; 30 TAC §290.109(c)(1)(A), by failing to collect routine bacteriological samples; 30 TAC §290.108(b)(1), by failing to meet the maximum contaminant level for gross alpha particle activity; 30 TAC §290.110(c)(5)(A) and (B), by failing to adhere to the facility's site sampling plan and by failing to consistently conduct daily chlorine residual tests; 30 TAC §290.41(c)(3)(B), (J), and (O), by failing to provide an 18-inch well casing, by failing to provide a proper concrete sealing block, by failing to repair the cracked concrete sealing block, and by failing to provide intruder-resistant fences; and 30 TAC §291.93(3), by failing to submit a planning report that clearly explains how the retail public utility will provide the expected service demands; PENALTY: $50,764; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: Maxwell Lumber Company; DOCKET NUMBER: 2004-2062-AIR-E; IDENTIFIER: Air Account Number CJ0018I, RN103057493; LOCATION: Bullard, Cherokee County, Texas; TYPE OF FACILITY: lumber mill; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition of outdoor burning; PENALTY: $1,632; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(19) COMPANY: Metro Business, Inc. dba Metro Mart 9; DOCKET NUMBER: 2005-0140- PST-E; IDENTIFIER: PST Facility Identification Number 43676, RN101650984; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(20) COMPANY: Millersview-Doole Water Supply Corporation; DOCKET NUMBER: 2005- 0057-PWS-E; IDENTIFIER: Public Water Supply Number 0480015, RN101457786; LOCATION: near Millersview; Concho, McCulloch, Runnels, and Tom Green Counties, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(3)(K), by failing to provide a screen for the vent; 30 TAC §290.43(c)(6) and (e), by failing to maintain all water storage facilities tight against leakage, by failing to maintain the gates and doors locked whenever the facility is unattended, and by failing to maintain an intruder-resistant fence; PENALTY: $901; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674; 622 South Oaks, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(21) COMPANY: Mini-Mix of El Paso, Inc.; DOCKET NUMBER: 2004-1876-AIR-E; IDENTIFIER: Air Account Number EE2084U, RN102563947; LOCATION: Canutillo, El Paso County, Texas; TYPE OF FACILITY: concrete batch plant; RULE VIOLATED: 30 TAC §116.615(2), Air Permit Number 70885, and THSC, §382.085(b), by failing to construct and operate the plant according to the conditions of Air Permit Number 70885; PENALTY: $800; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(22) COMPANY: Jivanji Burhani dba Quick & Easy 10; DOCKET NUMBER: 2004-1338-PST- E; IDENTIFIER: PST Facility Identification Number 71700, RN102052404; LOCATION: Splendora, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $820; ENFORCEMENT COORDINATOR: Leila Pezeshki, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: City of Rusk; DOCKET NUMBER: 2004-1084-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10447-001, RN103000766; LOCATION: Rusk, Cherokee County, Texas; TYPE OF FACILITY: municipal wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10447-001, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids; PENALTY: $3,700; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(24) COMPANY: Schmidt & Sons, Inc.; DOCKET NUMBER: 2004-2129-PST-E; IDENTIFIER: PST Facility Identification Number 62915, RN102015567; LOCATION: Gonzales and La Grange; Gonzales and Fayette Counties, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100; 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(25) COMPANY: Dong Shin; DOCKET NUMBER: 2004-1545-PST-E; IDENTIFIER: PST Facility Identification Number 49866, RN102271681; LOCATION: South Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,910; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Texas Energy Services, L.P.; DOCKET NUMBER: 2004-1844-MLM-E; IDENTIFIER: RN104159751; LOCATION: Alice, Jim Wells County, Texas; TYPE OF FACILITY: service company providing oil and gas field supplies, equipment, and drilling fluids; RULE VIOLATED: 30 TAC §281.25(a)(4), 40 Code of Federal Regulations §122.21(a)(1), and the Code, §26.121(a), by failing to obtain authorization to discharge storm water related to industrial activities and by failing to prevent the discharge of sewage, municipal, recreational, agricultural, or industrial waste; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239- 5806; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(27) COMPANY: UMIA Corporation dba Westside Grocery; DOCKET NUMBER: 2004-1680- PST-E; IDENTIFIER: PST Facility Identification Number 36016, RN103024840; LOCATION: Bridgeport, Wise County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control; and 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to equip the USTs with an overfill device; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.

(28) COMPANY: David Wanjura dba Wanjura Feed Lot; DOCKET NUMBER: 2004-1437- AIR-E; IDENTIFIER: RN103018685; LOCATION: Weimar, Colorado County, Texas; TYPE OF FACILITY: feed lot; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(b), by failing to comply with the nuisance rules; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: Weir Bros., Inc.; DOCKET NUMBER: 2004-1681-MLM-E; IDENTIFIER: Air Account Number DF0516J, Municipal Solid Waste (MSW) Number 455040152, RN100755727; LOCATION: Aubrey, Denton County, Texas; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.5(c), by failing to prevent the unauthorized disposal of MSW; and 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition of outdoor burning; PENALTY: $3,300; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(30) COMPANY: John Wiesner, Inc.; DOCKET NUMBER: 2005-0030-PST-E; IDENTIFIER: PST Facility Identification Number 10356, RN102009750; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: motor vehicle dealership; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $950; ENFORCEMENT COORDINATOR: Alita Champagne, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200501057

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 8, 2005


Department of State Health Services

Designation of North Dallas Shared Ministries Free Medical Clinic for the Working Poor as a Site Serving Medically Underserved Populations

The Department of State Health Services (department) is required under the Occupations Code, §157.052, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has designated the following as a site serving medically underserved populations: North Dallas Shared Ministries Free Medical Clinic For the Working Poor, 2875 Merrill Road, Dallas, Texas 75229-4702. The designation is based on eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs.

Oral and written comments on this designation may be directed to Brian King, Program Specialist, Health Professions Resource Center, Center for Health Statistics, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200501056

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: March 8, 2005


Texas Department of Housing and Community Affairs

Announcement of the Public Hearing Schedule for Comment on the 2005 Housing Tax Credit Applications

The Texas Department of Housing and Community Affairs’ (the "Department") programs were created to provide affordable housing opportunities for Texans. The Housing Tax Credit (HTC) Program assists in building affordable housing through the issuance of federal tax credits used to fund new construction and rehabilitation of multifamily residential Developments. The tax credits allow the Developments to be leased to income qualified families at or below market rents.

The following 13 public hearings are provided to gather public comment on the 2005 9% HTC Applications. The schedule of these meetings is provided below:

Waco, Region 8

Monday, April 11

10:00 a.m.

Heart of Texas Council of Governments

300 Franklin

Waco, TX  76701

(254) 756-7822

Austin, Region 7

Monday, April 11

2:00 p.m.

TDHCA Board Room

507 Sabine, 4th Floor

Austin, Texas 78701

(512) 475-3800 

San Antonio, Region 9

Monday, April 11

7:00 p.m.

City Council Chambers

114 W. Commerce

San Antonio, TX 78205

(210) 207-7197

Lufkin, Region 5

Tuesday, April 12

1:00 p.m.

City Council Chambers

300 East Shepherd (Entrance on 3rd Street)

Lufkin, TX 75904

(936) 633-0244

Longview, Region 4

Tuesday, April 12

7:00 pm

Longview Public Library

222 West Cotton Street

Longview, TX  75601

(903) 237-1350

Lubbock, Region 1

Wednesday, April 13

7:00 p.m.

Mahon Public Library

1306 9th Street

Lubbock, TX 79401

(806) 775-2824

Ft. Worth, Region 3

Wednesday, April 13

7:00 p.m.

Fort Worth Municipal Building

2nd Floor City Council Chambers

1000 Throckmorton

Ft. Worth, TX   76102

(214) 670-7846

Wichita Falls, Region 2

Thursday, April 14

10:00 a.m

Nortex Regional Planning Commission

4309 Jacksboro Hwy. Ste. 200

Wichita Falls, TX  76302

(940) 322-5281

Harlingen, Region 11

Thursday, April 14

12:00 p.m.

Harlingen Public Library

410 76th Drive

Harlingen, TX   78556

(956) 427-8841

Corpus Christi, Region 10

Thursday, April 14

7:00 p.m

Grant Middle School (Cafeteria)

4350 Aaron

Corpus Christi, TX  78413

(361) 886-9008

San Angelo, Region 12

Monday, April 18

12:00 p.m.

City Council Chambers

72 West College Avenue

San Angelo, TX 76902

(325) 657-4241

Houston, Region 6

Monday, April 18

6:00 p.m.

City Hall Annex Chambers

900 Bagby

Public Level

Houston, TX  77002

(713) 247-2939

El Paso, Region 13

Wednesday, April 20

6:00 p.m.

El Paso County Courthouse

500 E. San Antonio

El Paso, TX   79901

(915) 546-2009

A detailed log of all 2005 Applications are posted to the Department’s website at the following link: http://www.tdhca.state.tx.us

Written comments are also encouraged. Such comments should be addressed to:

Multi-Family Finance Division

Texas Department of Housing and Community Affairs

Post Office Box 13941

Austin, Texas 78711-3941

For additional information you may contact the 2005 Application liaison, Jennifer Joyce at 512.475.3995 or visit the program's web site at www.tdhca.state.tx.us.

Individuals who require auxiliary aids or services for these meetings should contact Gina Esteves, ADA Responsible Employee, at 512.475.3943 or Relay Texas at 1.800.735.2989 at least two days before the meeting so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for the hearing should contact Jorge Reyes at (512) 475-4577 at least three days before the hearing so that appropriate arrangements can be made. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

TRD-200501076

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 9, 2005


Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by SANTA FE AUTO INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Santa Fe, New Mexico.

Application to change the name of CDC IXIS FINANCIAL GUARANTY NORTH AMERICA, INC. to CIFG ASSURANCE NORTH AMERICA, INC., a foreign fire and/or casualty company. The home office is in New York, New York.

Application for incorporation to the State of Texas by U.S. AEROSPACE INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Addison, Texas.

Application for incorporation to the State of Texas by SOUTHERN PROPERTY AND CASUALTY INSURANCE COMPANY, LLC, a domestic fire and/or casualty company. The home office is in Houston, Texas.

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, within 20 days after this notice is published in the Texas Register .

TRD-200501074

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: March 9, 2005


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 incorporation in Texas of CAP ROCK CLAIMS MANAGEMENT, LLC, a domestic third party administrator. The home office is DALLAS, TEXAS.

Any objections must be filed within 20 days after this notice is published in the Texas Register , addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200501075

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: March 9, 2005


Texas Lottery Commission

Instant Game Number 548 "Happy Anniversary"

1.0 Name and Style of Game.

A. The name of Instant Game No. 548 is "HAPPY ANNIVERSARY". The play style is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 548 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 548.

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, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500 or $2,005.

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. 548 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 548 - 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 $1.00, $2.00, $4.00, $5.00, $10.00, or $20.00.

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

I. High-Tier Prize- A prize of $2,005.

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 (548), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 548-0000001-001.

L. Pack - A pack of "HAPPY ANNIVERSARY" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 246 to 250 will be on the last page. A ticket will be folded over on both the front and back of the book so both ticket art and ticket backs are displayed in the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "HAPPY ANNIVERSARY" Instant Game No. 548 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 "HAPPY ANNIVERSARY" Instant Game is determined once the latex on the ticket is scratched off to expose eleven (11) Play Symbols. If a player matches any of the YOUR NUMBERS to the WINNING NUMBER, the player will win the prize shown for that number. 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 eleven (11) 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 eleven (11) 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 eleven (11) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the eleven (11) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers play symbols on a ticket.

C. No duplicate non-winning prize symbols on a ticket.

D. Non-winning prize symbols will never be the same as the winning prize symbol(s).

E. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "HAPPY ANNIVERSARY" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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 "HAPPY ANNIVERSARY" Instant Game prize of $2,005, 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 "HAPPY ANNIVERSARY" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "HAPPY ANNIVERSARY" 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 "HAPPY ANNIVERSARY" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 12,000,000 tickets in the Instant Game No. 548. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 548 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 548 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. 548, 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-200501073

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 9, 2005


Instant Game Number 549 "$1,000,000 Club"

1.0 Name and Style of Game.

A. The name of Instant Game No. 549 is "$1,000,000 CLUB". The play style "is key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 549 shall be $25.00 per ticket.

1.2 Definitions in Instant Game No. 549.

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: HEART SYMBOL, DIAMOND SYMBOL, SPADE SYMBOL, CLUB SYMBOL, DOLLAR SIGN SYMBOL, STAR SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, $5.00, $10.00, $20.00, $25.00, $30.00, $40.00, $50.00, $100, $200, $500, $1,000, $2,000, $10,000, $20,000, and $ONEMILL 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. 549 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game.

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 - There are no low-tier prizes in this game.

H. Mid-Tier Prize - A prize of $25.00, $30.00, $40.00, $50.00, $100, $200, and $500.

I. High-Tier Prize - A prize of $1,000, $2,000, $10,000, $20,000 and $1,000,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

L. Pack - A pack of "$1,000,000 CLUB" Instant Game tickets contains 25 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 025 while the other fold will show the back of ticket 001 and front of 025.

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 "$1,000,000 CLUB" Instant Game No. 549 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "$1,000,000 CLUB" Instant Game is determined once the latex on the ticket is scratched off to expose 42 (forty-two) Play Symbols. In Game 1, the player must scratch all ten spots in the play area. The player must then count the number of club symbols and win the corresponding prize in the prize legend. If the player reveals a dollar symbol, the player will win $25 instantly. If the player reveals a star symbol, the player will win $200 instantly. In Game 2, if the player reveals three (3) club symbols in any one row, column or diagonal, the player will win the prize shown in the prize box. In Game 3, if the player matches any of YOUR NUMBERS to either WINNING NUMBER, the player will win the prize shown for that number. If a player reveals a club symbol, the player will win the prize shown instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 42 (forty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 42 (forty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

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

16. Each of the 42 (forty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 42 (forty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No more than five like play symbols in Game 1 other than the club symbol.

C. The two auto win symbols will appear only once on a ticket and never together on the same ticket.

D. No club symbols will appear in this game if one of the auto win symbols appears.

E. No 3 or more occurrences of a play symbol other than the club symbol in this game.

F. Every game will contain a minimum of 4 club symbols.

G. No duplicate non-winning Your Numbers play symbols on a ticket.

H. No duplicate Winning Numbers on a ticket.

I. No duplicate non-winning prize symbols in this game.

J. A non-winning prize symbol will never be the same as a winning prize symbol.

K. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

L. The $1,000,000 top prizes can only be won in games 1 and 3.

M. The auto win symbol will only appear once in this game.

N. The auto win symbol will never appear with the $10,000, $20,000 or $1,000,000 prize symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "$1,000,000 CLUB" Instant Game prize of $25.00, $30.00, $40.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, $200, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$1,000,000 CLUB" Instant Game prize of $1,000, $2,000, $10,000, $20,000, $1,000,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "$1,000,000 CLUB" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$1,000,000 CLUB" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "$1,000,000 CLUB" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 3,000,000 tickets in the Instant Game No. 549. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 549 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 549 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. 549, 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-200501049

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 8, 2005


Instant Game Number 555 "Armadillo Dollars"

1.0 Name and Style of Game.

A. The name of Instant Game No. 555 is "ARMADILLO DOLLARS". The play style "is match 3 of 9 with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 555 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 555.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $200, $1,000, ARMADILLO 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. 555 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 555 - 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 $1.00, $2.00, $4.00, $5.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, or $200.

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

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

L. Pack - A pack of "ARMADILLO DOLLARS" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 246 to 250 will be on the last page. A ticket will be folded over on both the front and back of the book so both ticket art and ticket backs are displayed in the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "ARMADILLO DOLLARS" Instant Game No. 555 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 "ARMADILLO DOLLARS" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) Play Symbols. If the player reveals three (3) like amounts, the player will win that amount. If the player reveals two (2) like amounts and an armadillo symbol, the player will win that amount 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 nine (9) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, 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 nine (9) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

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

16. Each of the nine (9) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the nine (9) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No three or more pairs on a ticket.

B. No four or more like play symbols on a ticket.

C. No more than one pair on a ticket that contains the auto win symbol.

D. The auto win symbol will never appear more than once on a ticket.

E. There will never be more than two like symbols on a ticket that contains the auto win symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "ARMADILLO DOLLARS" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

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

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

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

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

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

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "ARMADILLO DOLLARS" 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 "ARMADILLO DOLLARS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 15,120,000 tickets in the Instant Game No. 555. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 555 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 555 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. 555, 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-200501050

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 8, 2005


Instant Game Number 563 "$500,000 Cash Bonanza"

1.0 Name and Style of Game.

A. The name of Instant Game No. 563 is "$500,000 CASH BONANZA". The play style for this game is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 563 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 563.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, $1.00, $2.00, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $500, $1,000, $10,000, $500,000.

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

Figure 1: GAME NO. 563 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 563 - 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 $10.00 or $20.00.

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

I. High-Tier Prize - A prize of $1,000 or $10,000 or $500,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (563), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 563-0000001-001.

L. Pack - A pack of "$500,000 CASH BONANZA" Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 050 will be exposed on one side of the pack and ticket front 001 on the other side.

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 "$500,000 CASH BONANZA" Instant Game No. 563 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "$500,000 CASH BONANZA" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If any of the player’s YOUR NUMBERS match any of the WINNING NUMBERS, the player will win the prize shown for that number. 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 45 (forty-five) 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 45 (forty-five) 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 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning Your Numbers on a ticket.

C. No duplicate Winning Numbers on a ticket.

D. No more than four like non-winning prize symbols on a ticket.

E. A non-winning prize symbol will never be the same as a winning prize symbol.

F. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "$500,000 CASH BONANZA" Instant Game prize of $10.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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 "$500,000 CASH BONANZA" Instant Game prize of $1,000, $10,000 or $500,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "$500,000 CASH BONANZA" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$500,000 CASH BONANZA" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "$500,000 CASH BONANZA" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000 tickets in the Instant Game No. 563. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 563 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 563 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. 563, 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-200501051

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 8, 2005


Instant Game Number 581 "Wild 8's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 581 is "WILD 8'S". The play style is "three in a line with multiplier".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 581 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 581.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $1.00, $2.00, $3.00, $8.00, $16.00, $24.00, $100, $800, 2 TIMES SYMBOL, 3 TIMES SYMBOL, NO BONUS SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8 or 9.

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. 581 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 581 - 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 $1.00, $2.00, $3.00, $6.00, $8.00, $16.00 or $24.00.

H. Mid-Tier Prize - A prize of $48.00 or $100.

I. High-Tier Prize - A prize of $800.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (581), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 581-0000001-001.

L. Pack - A pack of "WILD 8'S" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 246 to 250 will be on the last page. A ticket will be folded over on both the front and back of the book so both ticket art and ticket backs are displayed in the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WILD 8'S" Instant Game No. 581 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "WILD 8'S" Instant Game is determined once the latex on the ticket is scratched off to expose 11 (eleven) Play Symbols. If a player gets three 8 symbols in any one row, column or diagonal, the player wins prize indicated in the prize box. If a player reveals a 2 TIMES play symbol in the bonus box play area the player wins double the prize indicated. If a player reveals a 3 TIMES play symbol in the bonus box play area the player wins triple the prize indicated. 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 11 (eleven) 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 11 (eleven) 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 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 11 (eleven) 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. No adjacent non-winning tickets will contain identical play symbols in the same locations.

B. No ticket will contain 3 or more of a kind other than the 8 symbol.

C. The 2 TIMES and 3 TIMES bonus symbols will only appear on intended winners as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "WILD 8'S" Instant Game prize of $1.00, $2.00, $3.00, $6.00, $8.00, $16.00, $24.00, $48.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $48.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "WILD 8'S" Instant Game prize of $800, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "WILD 8'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "WILD 8'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "WILD 8'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 17,040,000 tickets in the Instant Game No. 581. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 581 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 581 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. 581, 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-200500986

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 4, 2005


Instant Game Number 587 "Find the 5’s"

1.0 Name and Style of Game.

A. The name of Instant Game No. 587 is "FIND THE 5’S". The play style is "key number match with prize legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 587 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 587.

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, and 9.

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. 587 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 587 - 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 $2.00, $4.00, $5.00, $10.00, $15.00 or $20.00.

H. Mid-Tier Prize - A prize of $50.00 or $200.

I. High-Tier Prize- A prize of $2,000 or $25,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (587), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 587-0000001-001.

L. Pack - A pack of "FIND THE 5’S" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 001 and 002 will be on the top page; ticket 003 and 004 will be on the next page; etc.; and tickets 249 and 250 will be on the last page. Please note the books will be in an A- B configuration.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "FIND THE 5’S" Instant Game No. 587 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "FIND THE 5’S" Instant Game is determined once the latex on the ticket is scratched off to expose 25 (twenty-five) Play Symbols. The player must count the number of "5" play symbols. If a player reveals a minimum of three (3) "5" play symbols, or a maximum of twelve (12) "5" play symbols, the player will win the corresponding prize in the prize legend. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 25 (twenty-five) 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 25 (twenty-five) 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 25 (twenty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 25 (twenty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No five or more like non-winning play symbols on a ticket.

C. No three or more like adjacent non-winning play symbols in a row, column or diagonal.

E. Every ticket will contain at least one 5 play symbol.

F. No ticket will contain 13 or more 5 play symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "FIND THE 5’S" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $50.00 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "FIND THE 5’S" Instant Game prize of $2,000 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "FIND THE 5’S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "FIND THE 5’S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "FIND THE 5’S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 587. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 587 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 587 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. 587, 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-200501052

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 8, 2005


Instant Game Number 588 "Gold Mine"

1.0 Name and Style of Game.

A. The name of Instant Game No. 588 is "GOLD MINE". The play style is "key number match with prize legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 588 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 588.

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: $0.00, $5.00, $10.00, $15.00, $25.00, $50.00, $100, $500, $1,000, $50,000, and GOLD NUGGET 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. 588 - 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. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 588 - 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 $25.00, $50.00, $100, or $500.

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

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (588), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 75 within each pack. The format will be: 588-0000001-001.

L. Pack - A pack of "GOLD MINE" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 075 will be revealed on the back of the pack. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack. Every other book will reverse i.e., reverse order will be: the back of ticket 001 will be shown on the front of the pack and the front of ticket 075 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 "GOLD MINE" Instant Game No. 588 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 "GOLD MINE" Instant Game is determined once the latex on the ticket is scratched off to expose 31 (thirty-one) Play Symbols. The player must scratch games 1 through 5. There are two ways to win within each game. If the player matches three (3) prize amounts the player will win that amount or if the player reveals Gold Nugget symbol(s), the player will win the corresponding prize shown in the prize legend. In the bonus area, if the player reveals any prize amount, the player will win that amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 31 (thirty-one) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, 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 31 (thirty-one) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

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

16. Each of the 31 (thirty-one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 31 (thirty-one) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. Tickets can win up to six (6) times.

C. Each game can only win once.

D. No Game will contain two (2) sets of three (3) matching prize amounts.

E. No prize amount will appear more than three (3) times within a Game.

F. The "Gold Nugget" symbol will never appear on non-winning tickets.

G. No non-winning game will contain three (3) or more identical prize symbols.

H. BONUS AREA: Players can win once in this play area.

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

J. BONUS AREA: Winning tickets in this play area will win only the $5, $10, $15, $25, $50, $100 and $500 prize levels.

K. BONUS AREA: Tickets that do not win in the Bonus Area will display the non-winning message of: $0 .00

2.3 Procedure for Claiming Prizes.

A. To claim a "GOLD MINE" Instant Game prize of $5.00, $10.00, $15.00, $25.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "GOLD MINE" Instant Game prize of $1,000 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 "GOLD MINE" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "GOLD MINE" 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 "GOLD MINE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 3,960,000 tickets in the Instant Game No. 588. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 588 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 588 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. 588, 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-200501053

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 8, 2005


North Central Texas Council of Governments

Request for Proposals to Assist the North Texas Clean Air Coalition in Developing and Implementing an Air Quality Public Awareness Campaign for the Dallas-Fort Worth Non-Attainment Area

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

The North Central Texas Council of Governments (NCTCOG) is requesting written proposals to assist the North Texas Clean Air Coalition in developing and implementing an air quality public awareness campaign for the Dallas-Fort Worth (DFW) non-attainment area. The public awareness campaign will encourage public participation and support for the transportation elements of the State Implementation Plan (SIP) developed by the Texas Commission on Environmental Quality (TCEQ) and NCTCOG. The SIP includes numerous strategies that will enable the DFW area to meet federal air quality standards. The focus of this effort is to support ozone season public awareness initiatives including educating the public and local businesses concerning the importance of clean air; ways transportation choices impact air quality; and what the general public and local businesses can do to reduce emissions and improve air quality. The campaign will include paid advertising, public service announcements, media relations, special events, business community outreach, and other components agreed on by the Project Steering Committee.

Due Date

Proposals must be submitted no later than 5 p.m. Central Daylight Time on Friday, April 15, 2005, to Mike Sims, Senior Program Manager, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the Request for Proposals, contact Therese Bergeon, (817) 695-9267.

Contract Award Procedures

The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee. The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.

Regulations

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.

TRD-200501082

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: March 9, 2005


Texas Parks and Wildlife Department

Notice of Opportunity to Comment

Proposed Modifications to the Statewide Vegetation Management Plan

Pursuant to the requirements of 31 TAC §57.132, the Texas Parks and Wildlife Department (TPWD) is soliciting public comment from interested parties concerning potential modifications to the TPWD guidance document for the Statewide Vegetation Management Plan (Plan). The Plan is the statewide mechanism providing for the coordination, oversight, guidance and, where applicable, public notice and enforcement of all activities related to the management of nuisance aquatic vegetation on public bodies of surface water, including, but not limited to, coordination, oversight, public notification and enforcement of all aquatic herbicide use to protect state fish and wildlife resources and habitat and to prevent unreasonable risk from the use of any aquatic herbicide.

The potential modifications to the Plan are as follows:

(1) In Parts C and D, alterations to reflect changes in herbicide technology, including the addition of information about imazapyr and triclopyr-based herbicides.

(2) Throughout the document, references to the Texas Natural Resource Conservation Commission (TNRCC) are changed to refer to the new name of that agency, the Texas Commission on Environmental Quality (TCEQ).

(3) In Part E, minor procedural changes in how to develop and submit a treatment proposal for aquatic vegetation management activities.

(4) In Appendix F, changes in the protocol for the use of triploid grass carp in public water.

The entire guidance document may be viewed online at http://www.tpwd.state.tx.us/fish/infish/vegetation/newguide .

To comment on the potential modifications or to obtain further information on the guidance document, contact Dr. Earl Chilton, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4652.

Comments will be accepted for 60 days following the publication of this notice.

TRD-200501072

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: March 9, 2005


Public Utility Commission of Texas

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 2, 2005, for retail electric provider (REP) certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101 - 39.109. A summary of the application follows.

Docket Title and Number: Application of National Power Company, Incorporated for Retail Electric Provider (REP) certification, Docket Number 30813 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire State of Texas.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 25, 2005. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30813.

TRD-200500984

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 4, 2005


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on March 3, 2005, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.101 and §37.154 (Vernon 1998 & Supplement 2005) (PURA).

Docket Style and Number: Joint Application of AEP Texas North Company and LCRA Transmission Services Corporation to Transfer Certificate Rights and for Approval of Transfer of Facilities, Docket Number 30828.

The Application: AEP Texas North Company (TNC) and LCRA Transmission Services Corporation (LCRA TSC) (Applicants) request approval to transfer from TNC to LCRA TSC one transmission facility and associated certificate of convenience and necessity (CCN) rights. TNC holds CCN Number 30170 and LCRA TSC holds CCN Number 30110. TNC owns the existing 69-kV transmission lines located in Coleman County, which is being rebuilt as a double circuit 138-kV and 69-kV transmission line to increase power transfer capacity in the area. The transmission line is governed by the Santa Anna to Bangs Project Agreement. The approximate 7.2 mile line is located in Coleman County and is a rebuild of the existing 69-kV line from the Santa Anna Substation to the Bangs interconnect point with TXU Electric Delivery. This transmission line will increase power transfer capacity in the area. For these transmission facilities, the existing single pole wood 69 kV transmission line is being removed and replaced with a single pole steel 69/138k-V double circuit transmission line of which the 69-kV circuit will be retained by TNC and the new 138-kV circuit is proposed to be transferred to LCRA TCS. The rebuilding of the line does not require a CCN number under P.U.C. Substantive Rule §25.101(c)(5)(A) and (B). The line is projected to be completed in June 2005.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission’s Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 30828.

TRD-200500988

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 4, 2005


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on March 4, 2005, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §§14.101 and 37.154 (Vernon 1998 & Supplement 2005) (PURA).

Docket Style and Number: Joint Application of Pedernales Electric Cooperative, Inc. and LCRA Transmission Services Corporation to Transfer Certificate Rights and for Approval of Transfer of Facilities, Docket Number 30833.

The Application: Pedernales Electric Cooperative, Inc. (PEC) and LCRA Transmission Services Corporation (LCRA TSC) (Applicants) request approval to transfer from PEC to LCRA TSC certificate of convenience and necessity (CCN) rights associated with the Friendship to Manchaca transmission line route approved by the Public Utility Commission of Texas in Docket Number 18389. PEC holds CCN Number 30128 and LCRA TSC holds CCN Number 30110. On November 24, 1997, PEC filed a CCN application for a single-circuit 138-kV transmission line that would connect the Friendship and Manchaca Substations, and include the construction of a new substation. All facilities are to be located in northern Hays and southern Travis Counties. On January 22, 1999, the commission approved construction of the approximately 7.8 mile long transmission line. PEC and LCRA TSC request that PEC's existing CNN rights concerning the future transmission line be transferred to LCRA TSC under §37.154 of PURA.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 30833.

TRD-200501043

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 7, 2005


Notice of Petition for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on March 1, 2005, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of Sprint Communications Company, L.P.'s request for one thousands-block of numbers in the Spring rate center.

Docket Title and Number: Petition of Sprint Communications Company, L.P. for Waiver of Neustar Denial of Number Block Request in Spring Rate Center. Docket Number 30810 .

The Application: Sprint Communications Company, L.P. submitted an application to the Pooling Administrator (PA) for numbering resources in the Spring rate center. The PA denied the request based on the grounds that Sprint Communications Company, L.P. did not meet the utilization threshold necessary in order to obtain growth number resources.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 25, 2005. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30810.

TRD-200500985

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 4, 2005


Revised Notice of Application for Review of Agreements Relating to Transfer of Nuclear Decommissioning Trust Funds

Notice is given to the public of an application for transfer of responsibility for administration of nuclear decommissioning trust funds with the Public Utility Commission of Texas on February 10, 2005, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §§14.001, 14.002, 39.205 (Vernon 1998 & Supplement 2005) (PURA) and P.U.C. Substantive Rule §25.303.

Docket Style and Number: Commission Review of Agreements Relating to the Transfer of Nuclear Decommissioning Trust Funds from AEP Texas Central Company to Texas Genco, LP Pursuant to P.U.C. Substantive Rule §25.303(d). Project Number 30749.

The Application: AEP Texas Central Company (TCC) and Texas Genco filed a joint application for review of agreements relating to the transfer of a proportionate share of TCC's nuclear decommissioning funds, rights, and responsibilities to Texas Genco in conjunction with the sale of a portion of TCC's undivided interest in the South Texas Nuclear Project (STP).

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Project Number 30749.

TRD-200501041

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 7, 2005


Revised Notice of Application for Review of Agreements Relating to Transfer of Nuclear Decommissioning Trust Funds

Notice is given to the public of an application for transfer of responsibility for administration of nuclear decommissioning trust funds with the Public Utility Commission of Texas on February 14, 2005, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §§14.001, 14.002, 39.205 (Vernon 1998 & Supplement 2005) (PURA) and P.U.C. Substantive Rule §25.303.

Docket Style and Number: Commission Review of Agreements Relating to the Transfer of Nuclear Decommissioning Trust Funds from AEP Texas Central Company to City Public Service Board Pursuant to P.U.C. Substantive Rule §25.303(d). Project Number 30760.

The Application: AEP Texas Central Company (TCC) and the City of San Antonio, Texas, acting by and through the City Public Service Board filed a joint application for review of agreements relating to the transfer of a proportionate share of TCC's nuclear decommissioning funds, rights, and responsibilities to CPS in conjunction with the sale of a portion of TCC's undivided interest in the South Texas Nuclear Project (STP).

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Project Number 30760.

TRD-200501042

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 7, 2005


Texas A&M University, Board of Regents

Consultant Contract Award

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, The Texas A&M University System furnishes this notice of consultant contract award. The consultant will provide charitable trust consulting and administration services for The Texas A&M University System. A notice for request for proposals was filed in the September 3, 2004 issue of the Texas Register (29 TexReg 8688).

The contract was awarded to TIAA-CREF Trust Company, FSB., One Metropolitan Square, 211 North Broadway, Suite 1000, St Louis, Missouri 63102-2733. The annual dollar value of the contract is calculated as 0.60% of all assets with a minimum annual fee of $5,000 for the first year of the contact, $10,000 for the second year, and $20,000 for each subsequent year. The beginning date of the contract is January 19, 2005.

Selection criteria included competence, experience, knowledge, qualifications, and reasonableness of price. Proposals were received before 5:00 pm on September 10, 2004.

The necessity of these consulting services has been affirmed by The Texas A&M University System since the required skills and resources needed for these consulting and administration services are not available within The Texas A&M University System or any other known agency of the State of Texas.

TRD-200500989

Vickie Burt Spillers

Executive Secretary to the Board

Texas A&M University, Board of Regents

Filed: March 4, 2005


University of Houston

Request for Proposal

In compliance with Chapter 2254, Texas Government Code, the University of Houston furnishes this notice of request for proposal. The University of Houston seeks proposals from a firm to provide consulting services to assist its Center for Materials Chemistry in developing a Center for Excellence in Energy Transmission and Distribution Materials. In doing so, the University is in need of understanding of a proper structure and operation of the energy transmission and distribution system in the United States and governing regulatory issues related thereto. The University invites firms with demonstrated expertise, experience, and success in these areas to submit comprehensive responses to this request for proposal. Interested parties are invited to express their interest and describe their capabilities on or before April 18, 2005.

The term of the contract is to be for a one (1) year period beginning on or about April 25, 2005 and ending April 24, 2006, subject to two (2) renewal options, each of six (6) months’ duration. Further information can be obtained from Allan J. Jacobson 713.743.2785. All proposals must be specific and must be responsive to the criteria set forth in this request.

SCOPE OF WORK: Consulting services to assist the University and its advisory groups in providing information and in attending required meetings and prepare required reports in the following areas: (i) Background on public policy changes in areas of electricity restructuring and regulation, (ii) Background on grid standards and logistics support and on environmental issues related to electricity transmission and distribution, (iii) Local, state and U.S. government agencies, and organizations related to the development, management and regulation of energy production, transmission and storage, and (iv) Energy and utility companies concerned with energy development, supply, and storage. The scope of work shall not encompass any activities that would require legal advice or lobbying of agencies, organizations or in any way representing the University in lobbying for redress or in expressing opinions thereto.

GENERAL INSTRUCTIONS: Submit one (1) original, three (3) paper copies of your proposal and a CD version in a sealed envelope to: Allan J. Jacobson, University of Houston, 136 Fleming Building, Houston, Texas 77204-5003 before 5:00 P.M. April 18, 2005. The original shall be prepared on a word processor and formatted in at least 11-point-font that is clearly readable. The paper copies shall be of good, readable quality.

COMPLIANCE WITH RFP REQUIREMENTS: By submission of a proposal, a submitter agrees to be bound by the requirements set forth in this RFP. The University, at its sole discretion, may disqualify a proposal from consideration if the University determines a proposal is non-responsive and/or non-compliant, in whole or in part, with the requirements set forth in this RFP.

SIGNATURE, CERTIFICATION OF SUBMITTER: The original paper proposal must be signed and dated by a representative of the submitter who is authorized to bind the submitter to the terms and conditions contained in this RFP and to comply with the information submitted in the proposal. Each submitter certifies to both (1) the completeness, veracity, and accuracy of the information provided in the proposal and (2) the authority of the individual whose signature appears on the proposal to bind the submitter to the terms and conditions set forth in this RFP and a resulting agreement should the submitter be selected. Proposals submitted without the required signature shall be disqualified.

OWNERSHIP OF PROPOSALS: All proposals become the physical property of the University upon receipt.

USE, DISCLOSURE OF INFORMATION: Submitters acknowledge that the University is an agency of the State of Texas and is, therefore, required to comply with the Texas Public Information Act. If a proposal includes proprietary data, trade secrets, or information the submitter wishes to except from public disclosure, then the submitter must specifically label such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL -- PROPRIETARY INFORMATION." To the extent permitted by law, information labeled by the submitter as proprietary will be used by the University only for purposes related to or arising out of the (1) evaluation of proposals, (2) selection of a submitter pursuant to the RFP process, and (3) negotiation and execution of a Contract, if any, with the submitter selected.

RESCISSION OF PROPOSAL: A proposal can be withdrawn from consideration at any time prior to expiration of the deadline for proposals pursuant to a written request sent to the University.

REQUEST FOR CLARIFICATION: The University reserves the right to request clarification of any information contained in a proposal.

ADDENDA TO THE RFP: Each submitter will be provided with copies of University-approved addenda, including amendments, if any, to the RFP. If and as necessary, as determined by the University, submitters will, in turn, be allowed time to revise or supply additional information in response to such addenda.

PRE-PROPOSAL CONFERENCE: There will not be a pre-proposal conference.

COMMUNICATIONS WITH UNIVERSITY PERSONNEL: Except as provided in this RFP and as is otherwise necessary for the conduct of ongoing University business operations, submitters are expressly and absolutely prohibited from engaging in communications with University personnel who are involved in any manner in the review and/or evaluation of the proposals; selection of a submitter; and/or negotiations or formalization of a contract. If any submitter engages in conduct or communications that the University determines are contrary to the prohibitions set forth in this section, the University may, at its sole discretion, disqualify the submitter and withdraw the submitter’s proposal from consideration.

EVALUATION OF PROPOSALS: The proposals will be reviewed in accordance with the criteria set forth in this RFP. Proposals that are (1) incomplete, (2) not properly certified and signed, (3) not in the required format, or (4) otherwise non-compliant, in whole or in part, with any of the requirements set forth in this RFP may be disqualified by the University.

DISCUSSIONS WITH SUBMITTERS: The University may conduct discussions and/or negotiations with any submitter that appears to be eligible for award ("Eligible Submitter") pursuant to the selection criteria set forth in this RFP. In conducting discussions and/or negotiations, the University will not disclose information derived from proposals submitted by competing submitters, except as and if law requires disclosure.

MODIFICATION OF PROPOSALS: All Eligible Submitters will be afforded the opportunity to submit best and final proposals if (a) negotiations with any other submitter result in a material alteration to the RFP and (b) such material alteration has a cost consequence that could alter the submitter's quotations regarding rates for Services.

SELECTION OF PROPOSER: The submitter selected for award will be the submitter whose proposal, as presented in response to this RFP and as determined by the University in accordance with the evaluation criteria set forth in this RFP, to be the most advantageous and result in best value to the University. Submitters acknowledge that the University is not bound to accept the lowest-priced proposal.

EVALUATION OF PROPOSALS: Submission of a proposal indicates the submitter's acceptance of the evaluation process set forth in this RFP and the submitter's acknowledgement that subjective judgments must be made by the University in regard to the evaluation process.

CRITERIA FOR EVALUATION: Evaluation of proposals and award to the Selected Submitter will be based on the following factors, as weighted and listed as follows: (1) Five (5) or more years of consulting experience, (2) Completeness of responses to the above parameters (Scope of Work, Deliverables, Objectives), (3) Three or more directly related references. References shall include a point of contact and means thereof, (4) Estimate of fees and rates, and (5) The University may also consider other information it deems relevant to the selection of a consultant.

CONSIDERATION OF ADDITIONAL INFORMATION: The University reserves the right to ask for and consider any additional information deemed beneficial to the University in evaluation of the proposals.

TERMINATION: This Request for Proposal in no manner obligates the University of Houston University to the eventual purchase of any services described, implied or which may be proposed until confirmed by a written consultant contract. Progress towards this end is solely at the discretion of the University of Houston and may be terminated without penalty or obligation at any time prior to the signing of a contract. The University of Houston reserves the right to cancel this RFP at any time, for any reason and to reject any or all proposals.

TRD-200501045

Brian S. Nelson

Executive Director and Associate General Counsel

University of Houston

Filed: March 7, 2005


University of North Texas

Invitation for Consultants to Provide Offers of Consulting Services Related to Government Relations

Pursuant to the provisions of Texas Government Code, Chapter 2254, the University of North Texas (UNT) System extends this invitation (Invitation) to qualified and experienced consultants interested in providing the consulting services described in this Invitation to the University of North Texas System and its member institutions.

Scope of Work:

The selected federal government relations consulting firm will be responsible for assisting the UNT System and member institutions in developing and executing a government relations strategy to attract support for research facilities, equipment, technology, and programs through federal initiatives pertaining, but not limited to, the United States Congress, federal agencies, and related entities; and assisting the UNT System and member institutions in evaluating research resources, developing concepts and themes for agreed upon research initiatives, formulating strategies and timetables for presentation of research and related initiatives, assisting in preparation of supporting documentation, coordinating meetings with elected representatives and legislative staff, serving as a liaison to all federal entities, preparing testimony for presentation, developing legislative strategies, and monitoring and reporting on government programs relevant to research initiatives and other areas of interest to the UNT System and member institutions.

Specifications:

Any consultant submitting an offer in response to this Invitation must provide the following: (1) the consultant's legal name, including type of entity (individual, partnership, corporation, etc.) and address; (2) background information regarding the consultant, including the number of years in business and the number of employees; (3) information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services; (4) the hourly rate to be charged for each team member providing services; (5) the earliest date by which the consultant could begin providing the services; (6) a list of five client references, including any complex institutions or systems of higher education for which the consultant has provided similar consulting services; (7) a statement of the consultant's approach to providing the services described in the Scope of Work section of this Invitation, any unique benefits the consultant offers the UNT System, and any other information the consultant desires the UNT System to consider in connection with the consultant's offer; (8) information to assist the UNT System in assessing the consultant's demonstrated competence and experience providing consulting services similar to the services requested in this Invitation; (9) information to assist the UNT System in assessing the consultant's experience performing the requested services for other complex institutions or systems of higher education; (10) information to assist the UNT System in assessing whether the consultant will have any conflicts of interest in performing the requested services; (11) information to assist the UNT System in assessing the overall cost to the UNT System for the requested services to be performed; and (12) information to assist the UNT System in assessing the consultant's capability and financial resources to perform the requested services.

Selection Process:

The consulting services sought herein relate to services previously provided to the UNT System by American Continental Group. Unless a better offer (as determined by the UNT System) is received in response to this Invitation, the UNT System intends to award the contract for the consulting services to American Continental Group. Selection of the Successful Offer (defined below) submitted in response to this Invitation by the Submittal Deadline (defined below) will be made using the competitive process described below. After the opening of the offers and upon completion of the initial review and evaluation of the offers submitted, selected consultants may be invited to participate in oral presentations. The selection of the Successful Offer may be made by the UNT System on the basis of the offers initially submitted, without discussion, clarification or modification. In the alternative, selection of the Successful Offer may be made by the UNT System on the basis of negotiation with any of the consultants. At the UNT System's sole option and discretion, it may discuss and negotiate all elements of the offers submitted by selected consultants within a specified competitive range. For purposes of negotiation, a competitive range of acceptable or potentially acceptable offers may be established comprising the highest rated offers. The UNT System will provide each consultant within the competitive range with an equal opportunity for discussion and revision of its offer. The UNT System will not disclose any information derived from the offers submitted by competing consultants in conducting such discussions. Further action on offers not included within the competitive range will be deferred pending the selection of the Successful Offer, however, the UNT System reserves the right to include additional offers in the competitive range if deemed to be in its best interest. After the submission of offers but before final selection of the Successful Offer is made, the UNT System may permit a consultant to revise its offer in order to obtain the consultant's best final offer. The UNT System is not bound to accept the lowest priced offer if that offer is not in its best interest, as determined by the UNT System. The UNT System reserves the right to: (a) enter into agreements or other contractual arrangements for all or any portion of the Scope of Work set forth in this Invitation with one or more consultants; (b) reject any and all offers and re-solicit offers; or (c) reject any and all offers and temporarily or permanently abandon this procurement, if deemed to be in the best interest of the UNT System.

Criteria for Selection:

The successful offer (Successful Offer) must be submitted in response to this Invitation by the Submittal Deadline will be the offer that is the most advantageous to the UNT System in the UNT System's sole discretion. Offers will be evaluated by University of North Texas System and member institution personnel. The evaluation of offers and the selection of the Successful Offer will be based on the information provided to the UNT System by the consultant in response to the Specifications section of this Invitation. Consideration may also be given to any additional information and comments if such information or comments increase the benefits to the UNT System. The successful consultant will be required to enter into a contract acceptable to the UNT System.

Consultant's Acceptance of Offer:

Submission of an offer by a consultant indicates: (1) the consultant's acceptance of the Offer Selection Process, the Criteria for Selection, and all other requirements and specifications set forth in this Invitation; and (2) the consultant's recognition that some subjective judgments must be made by the UNT System during this Invitation process.

Finding by Chancellor:

The Chancellor of the University of North Texas System finds that the consulting services are necessary because the University of North Texas System does not have the specialized experience or the staff resources available in Washington, D.C. to support existing and proposed programs of the University of North Texas System and its member institutions. The University of North Texas System believes that such expert consulting services will be cost effective by expanding federal investment in research, teaching, and related programs in Texas throughout the University of North Texas System.

Submittal Deadline:

To respond to this Invitation, consultants must submit the information requested in the Specification section of this Invitation and any other relevant information in a clear and concise written format to: Don Lynch, Purchasing Services Manager, University of North Texas System, 2310 North Interstate 35-E, P.O. Box 310499, Denton, Texas 76201. Offers must be submitted in an envelope or other appropriate container and the name and return address of the consultant must be clearly visible. All offers must be received at the above address no later than 5:00 p.m., CST, Monday, April 18, 2005 (Submittal Deadline). Submissions received after the Submittal Deadline will not be considered.

Questions:

Questions concerning this Invitation should be directed to: Don Lynch, Purchasing Services Manager, University of North Texas System, 2310 North Interstate 35-E, P.O. Box 310499, Denton, Texas 76201. The UNT System may in its sole discretion respond in writing to questions concerning this Invitation. Only the UNT System's responses made by formal written addenda to this Invitation shall be binding. Oral or other written interpretations or clarifications shall be without legal effect.

TRD-200501062

Sandy Shelton

Contract Administration Manager

University of North Texas

Filed: March 8, 2005


Texas Workers' Compensation Commission

Invitation to Apply to the Medical Advisory Committee (MAC)

The Texas Workers' Compensation Commission seeks to have a diverse representation on the MAC and invites qualified individuals from all regions of Texas to apply for openings on the MAC in accordance with the eligibility requirements of the Procedures and Standards for the Medical Advisory Committee . The Medical Review Division is currently accepting applications for the following Medical Advisory Committee representative vacancies:

Primary

* Public Health Care Facility

Alternate

* Public Health Care Facility

* Dentist

* Podiatrist

* Employer

* Employee

*General Public Representative 1

* General Public Representative 2

Commissioners for the Texas Workers' Compensation Commission appoint the Medical Advisory Committee members who are composed of 18 primary and 18 alternate members representing health care providers, employees, employers, insurance carriers, and the general public. Primary members are required to attend all Medical Advisory Committee meetings, subcommittee meetings, and work group meetings to which they are appointed. The alternate member may attend all meetings, however during a primary member's absence, the alternate member must attend meetings to which the primary member is appointed. Requirements and responsibilities of members are established in the Procedures and Standards for the Medical Advisory Committee as adopted by the Commission.

The Medical Advisory Committee meetings must be held at least quarterly each fiscal year during regular Commission working hours. Members are not reimbursed for travel, per diem, or other expenses associated with Committee activities and meetings. Voluntary service on the Medical Advisory Committee is greatly appreciated by the TWCC Commissioners and the TWCC Staff.

The purpose and task of the Medical Advisory Committee, which includes advising the Commission's Medical Review Division on the development and administration of medical policies, rules and guidelines, are outlined in the Texas Workers' Compensation Act, §413.005.

Applications and other relevant Medical Advisory Committee information may be viewed and downloaded from the Commission's website at http://www.twcc.state.tx.us . Click on 'Commission Meetings', then 'Medical Advisory Committee'. Applications may also be obtained by calling Jane McChesney, MAC Coordinator, at 512-804-4855 or Ruth Richardson, Manager of Monitoring, Analysis and Education, Medical Review Division at 512-804-4850.

The qualifications as well as the terms of appointment for all positions are listed in the Procedures and Standards for the Medical Advisory Committee. These Procedures and Standards are as follows:

LEGAL AUTHORITY The Medical Advisory Committee for the Texas Workers' Compensation Commission, Medical Review Division is established under the Texas Workers' Compensation Act, (the Act) §413.005.

PURPOSE AND ROLE The purpose of the Medical Advisory Committee (MAC) is to bring together representatives of health care specialties and representatives of labor, business, insurance and the general public to advise the Medical Review Division in developing and administering the medical policies, fee guidelines, and the utilization guidelines established under §413.011 of the Act.

COMPOSITION Membership. The composition of the committee is governed by the Act, as it may be amended. Members of the committee are appointed by the Commissioners and must be knowledgeable and qualified regarding work-related injuries and diseases.

Members of the committee shall represent specific health care provider groups and other groups or interests as required by the Act, as it may be amended. As of September 1, 2001, these members include a public health care facility, a private health care facility, a doctor of medicine, a doctor of osteopathic medicine, a chiropractor, a dentist, a physical therapist, a podiatrist, an occupational therapist, a medical equipment supplier, a registered nurse, and an acupuncturist. Appointees must have at least six (6) years of professional experience in the medical profession they are representing and engage in an active practice in their field.

The Commissioners shall also appoint the other members of the committee as required by the Act, as it may be amended. An insurance carrier representative may be employed by: an insurance company; a certified self-insurer for workers' compensation insurance; or a governmental entity that self-insures, either individually or collectively. An insurance carrier member may be a medical director for the carrier but may not be a utilization review agent or a third party administrator for the carrier.

A health care provider member, or a business the member is associated with, may not derive more than 40% of its revenues from workers compensation patients. This fact must be certified in their application to the MAC.

The representative of employers, representative of employees, and representatives of the general public shall not hold a license in the health care field and may not derive their income directly from the provision of health care services.

The Commissioners may appoint one alternate representative for each primary member appointed to the MAC, each of whom shall meet the qualifications of an appointed member.

Terms of Appointment: Members serve at the pleasure of the Commissioners, and individuals are required to submit the appropriate application form and documents for the position. The term of appointment for any primary or alternate member will be two years, except for unusual circumstances (such as a resignation, abandonment or removal from the position prior to the termination date) or unless otherwise directed by the Commissioners. A member may serve a maximum of two terms as a primary, alternate or a combination of primary and alternate member. Terms of appointment will terminate August 31 of the second year following appointment to the position, except for those positions that were initially created with a three-year term. For those members who are appointed to serve a part of a term that lasts six (6) months or less, this partial appointment will not count as a full term.

Abandonment will be deemed to occur if any primary member is absent from more than two (2) consecutive meetings without an excuse accepted by the Medical Review Division Director. Abandonment will be deemed to occur if any alternate member is absent from more than two (2) consecutive meetings which the alternate is required to attend because of the primary member's absence without an excuse accepted by the Medical Review Division Director.

The Commission will stagger the August 31st end dates of the terms of appointment between odd and even numbered years to provide sufficient continuity on the MAC.

In the case of a vacancy, the Commissioners will appoint an individual who meets the qualifications for the position to fill the vacancy. The Commissioners may re-appoint the same individual to fill either a primary or alternate position as long as the term limit is not exceeded. Due to the absence of other qualified, acceptable candidates, the Commissioners may grant an exception to its membership criteria, which are not required by statute.

RESPONSIBILITY OF MAC MEMBERS Primary Members. Make recommendations on medical issues as required by the Medical Review Division.

Attend the MAC meetings, subcommittee meetings, and work group meetings to which they are appointed.

Ensure attendance by the alternate member at meetings when the primary member cannot attend.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies.

Alternate Members. Attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed during the primary member's absence.

Maintain knowledge of MAC proceedings.

Make recommendations on medical issues as requested by the Medical Review Division when the primary member is absent at a MAC meeting.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies when the primary member is absent from a MAC meeting.

Committee Officers. The TWCC Commissioners designate the chairman of the MAC. The MAC will elect a vice chairman. A member shall be nominated and elected as vice chairman when he/she receives a majority of the votes from the membership in attendance at a meeting at which nine (9) or more primary or alternate members are present.

Responsibilities of the Chairman: Preside at MAC meetings and ensure the orderly and efficient consideration of matters requested by the Medical Review Division; prior to meetings, confer with the Medical Review Division Director, and when appropriate, the TWCC Executive Director to receive information and coordinate:

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

If requested by the Commission, appear before the Commissioners to report on MAC meetings.

COMMITTEE SUPPORT STAFF The Director of Medical Review will provide coordination and reasonable support for all MAC activities. In addition, the Director will serve as a liaison between the MAC and the Medical Review Division staff of TWCC, and other Commission staff if necessary.

The Medical Review Director will coordinate and provide direction for the following activities of the MAC and its subcommittees and work groups:

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

Maintaining tracking reports of actions taken and issues addressed by the MAC.

Maintaining attendance records.

SUBCOMMITTEES The chairman shall appoint the members of a subcommittee from the membership of the MAC. If other expertise is needed to support subcommittees, the Commissioners or the Director of Medical Review may appoint appropriate individuals.

WORK GROUPS When deemed necessary by the Director of Medical Review or the Commissioners, work groups will be formed by the Director. At least one member of the work group must also be a member of the MAC.

WORK PRODUCT No member of the MAC, a subcommittee, or a work group may claim or is entitled to an intellectual property right in work performed by the MAC, a subcommittee, or a work group.

MEETINGS Frequency of Meetings. Regular meetings of the MAC shall be held at least quarterly each fiscal year during regular Commission working hours.

CONDUCT AS A MAC MEMBER Special trust has been placed in members of the Medical Advisory Committee. Members act and serve on behalf of the disciplines and segments of the community they represent and provide valuable advice to the Medical Review Division and the Commission. Members, including alternate members, shall observe the following conduct code and will be required to sign a statement attesting to that intent.

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

Conduct themselves at all times in a manner that promotes cooperation and effective discussion of issues among MAC members;

Accurately represent their affiliations and notify the MAC chairman and Medical Review Director of changes in their affiliation status;

Not use their memberships on the MAC: a. in advertising to promote themselves or their business. b. to gain financial advantage either for themselves or for those they represent; however, members may list MAC membership in their resumes;

Provide accurate information to the Medical Review Division and the Commission;

Consider the goals and standards of the workers' compensation system as a whole in advising the Commission;

Explain, in concise and understandable terms, their positions and/or recommendations together with any supporting facts and the sources of those facts;

Strive to attend all meetings and provide as much advance notice to the Texas Workers' Compensation Commission staff, attn: Medical Review Director, as soon as possible if they will not be able to attend a meeting; and

Conduct themselves in accordance with the MAC Procedures and Standards, the standards of conduct required by their profession, and the guidance provided by the Commissioners, Medical Review Division or other TWCC staff.

TRD-200501046

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: March 8, 2005