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
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
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/Commercial
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
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
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
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
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
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
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
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
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
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
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
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
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:
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:
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:
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
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:
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:
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
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:
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:
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:
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
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:
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:
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:
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
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:
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:
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:
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
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:
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:
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:
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
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:
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:
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:
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
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
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
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 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 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 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
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
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
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
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
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
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Notice of District Petition
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water Quality Applications
Notice of Water Rights Application
Proposed Enforcement Orders
Department of State Health Services
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Third Party Administrator Applications
Texas Lottery Commission
Instant Game Number 549 "$1,000,000 Club"
Instant Game Number 555 "Armadillo Dollars"
Instant Game Number 563 "$500,000 Cash Bonanza"
Instant Game Number 581 "Wild 8's"
Instant Game Number 587 "Find the 5’s"
Instant Game Number 588 "Gold Mine"
North Central Texas Council of Governments
Texas Parks and Wildlife Department
Public Utility Commission of Texas
Notice of Application for Sale, Transfer, or Merger
Notice of Application for Sale, Transfer, or Merger
Notice of Petition for Waiver of Denial of Request for NXX Code
Revised Notice of Application for Review of Agreements Relating to Transfer of Nuclear Decommissioning Trust Funds
Revised Notice of Application for Review of Agreements Relating to Transfer of Nuclear Decommissioning Trust Funds
Texas A&M University, Board of Regents
University of Houston
University of North Texas
Texas Workers' Compensation Commission