Office of the Attorney General
Texas Water Code Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Water Code.
Before the State may settle a judicial enforcement action under the Water
Code, the State shall permit the public to comment in writing on the proposed
judgment. The Attorney General will consider any written comments and may
withdraw or withhold consent to the proposed agreed judgment if the comments
disclose facts or considerations that indicate that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the Code.
Case Title and Court:
State of Texas v. Hidde
Osinga, individually, and dba Osinga Dairy
, Cause No. GV403908 in the
126th Judicial District Court, Travis County, Texas.
Nature of Defendant's Operations: Defendant Osinga owns and operates a
dairy. An Agreed Order was issued February 5, 2003, by the Texas Commission
on Environmental Quality ("TCEQ") assessing administrative penalties and water
quality fees. Defendant failed to comply with the Order. On December 18, 2002,
Defendant was cited for unauthorized discharge of wastewater from the dairy
into a tributary of the Leon River. On December 18, 2002, Defendant was cited
for allowing the amount of sludge in his wastewater retention facility to
exceed the amount allowed by TCEQ regulations.
Proposed Agreed Judgment: Defendant Osinga shall pay the State civil penalties
in the amount of Eight Thousand Eight Hundred Thirty Dollars ($8,830.00),
administrative penalties in the amount of Eight Thousand Seven Hundred Dollars
($8,700.00), water quality fees and penalties in the amount of Eight Hundred
Seventy Dollars ($870.00), and attorney's fees in the amount of Six Thousand
Six Hundred Dollars ($6,600.00).
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement, should be directed to Michael
W. Hughes, Assistant Attorney General, Office of the Texas Attorney General,
P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512)
320-0911. Written comments must be received within 30 days of publication
of this notice to be considered.
For information regarding this publication, you
may contact A.G. Younger, Agency Liaison, at 512 463-2110.
TRD-200501707
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Filed: April 26, 2005
Request for Proposal
The Texas Building and Procurement Commission (TBPC), on behalf of the
Texas Commission on Environmental Quality (TCEQ), announces the issuance of
The deadline for questions is May 3, 2005, and the deadline for proposals
is May 10, 2005 at 3:00 P.M. The award date is June 1, 2005. TBPC reserves
the right to accept or reject any or all proposals submitted. TBPC is under
no legal or other obligation to execute a lease on the basis of this notice
or the distribution of a RFP. Neither this notice nor the RFP commits TBPC
to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting
TBPC Purchaser Kenneth Ming at (512) 463-2743. A copy of the revised RFP may
be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=58593.
TRD-200501708
Kenneth Ming
Purchaser
Texas Building and Procurement Commission
Filed: April 26, 2005
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 April 15, 2005,
through April 21, 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 April 27, 2005. The public comment
period for these projects will close at 5:00 p.m. on May 27, 2005.
FEDERAL AGENCY ACTIONS:
Applicant: Cedar Creek Subdivision
; Location:
The project site is located in Cedar Creek, south of FM 517, approximately
4.5 miles west of Interstate Highway 45, in the Cedar Creek Subdivision, Galveston
County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Algoa, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting:
292938; Northing: 3257871. Project Description: The applicant is requesting
authorization to discharge fill material into an approximate 1,900-foot-long
stretch of an unimproved portion of Cedar Creek to improve water quality and
protect against erosion. Development upstream from the project area has increased
flow and velocity through the subject stretch of the creek and erosion is
rapidly compromising the creek's banks. To stabilize the banks, the applicant
proposes to place approximately 3,400 cubic yards of clay fill topped with
5,000 cubic yards of riprap into the channel. Small areas along the subject
stretch of creek bed will be cut back and graded to allow for greater stabilization.
There are no wetlands or vegetated shallows in the project area that would
be impacted as a result of the proposed activity. The project is designed
to improve the overall water quality of the creek. CCC Project No.: 05-0236-F1;
Type of Application: U.S.A.C.E. permit application #23737 is being evaluated
under §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: City of Corpus Christi
; Location:
The project is located on the Peoples Street T-Head located at the intersection
of Shoreline Boulevard and Peoples Street, Corpus Christi, Nueces County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Corpus Christi, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone
14; Easting: 658600; Northing: 3075000. Project Description: The applicant
proposes to construct four new docks (E, F, G, and H) with associated boat
slips located on the westernmost side of the Peoples Street T-Head and one
new commercial dock located perpendicular to the north side of the T-Head.
Docks E and F would consist of a 550-foot-long by 8-foot-wide walkway. Dock
E would have 10 finger piers that would be 60 to 80 feet long by 4 to 6 feet
wide and Dock F would have 13 finger piers that would be 40 to 50 feet long
by 3 feet wide with one exception that would be 8 feet wide. Dock G would
be 600 feet long, 8 feet wide and have 15 finger piers on the south side and
14 on the north side. The finger piers would be 40 feet long and 3 feet wide.
Dock H would be 500 feet long, 8 feet wide and would have 14 finger piers
on each side that would be 32 feet long by 3 feet wide. The commercial dock
would be 250 feet long and 8 feet wide and constructed as either a floating
dock or a fixed-elevation dock. All docks would consist of timber and concrete
walkways that would be concrete pile supported. Support piles would be driven
in with an impact hammer from a barge. The proposed project would cover 0.71
acre of open water. No dredging or fill is proposed and no seagrass beds or
oyster reefs are located within the proposed project area. CCC Project No.:
05-0238-F1; Type of Application: U.S.A.C.E. permit application #23726 is being
evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: City of Corpus Christi
; Location:
The project is located adjacent to Corpus Christi Bay, along Ocean Drive between
Hewitt Drive and Kush Lane, in Corpus Christi, Nueces County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 659500;
Northing: 3071950. Project Description: The applicant proposes to improve
an existing storm water outfall that is located on the bay side of Ocean Drive
and drains into Corpus Christi Bay. Currently, the outfall consists of a concrete
headwall and a 9 -by 9-foot concrete box culvert connected to a 185-foot-long
open channel that receives tidal inflow from Corpus Christi Bay.
In order to compensate for the increased stormwater that will result from
nearby drainage improvements, the applicant proposes to install a new box
culvert that will extend along the length of the existing open channel. An
area bayward of the existing headwall and the existing open channel would
be excavated to a depth approximately 5 feet below the current flowline and
filled with culvert bedding material to bring the area back to the currently
existing elevation. The new box culvert would be placed on top of the culvert
bedding material and backfilled on either side with suitable fill material.
Approximately 3,400 cubic yards of material would be placed into 0.11 acre
of jurisdictional area within the open channel to install the new box culvert.
Water depths within the existing channel range from -2 to -3 feet mean high
tide. Wing walls would be installed parallel to the shoreline both north and
south of the new box culvert and a scour protection apron with velocity arrestors
would be placed at the end of the box culvert. The northern wing wall would
be 27 feet in length and the southern wing wall would be 31 feet in length.
The proposed scour protection apron would consist of approximately 1,608 cubic
yards of concrete riprap, stone riprap or articulated block mats that would
be placed in a 0.3-acre area bayward of the new box culvert outfall. The applicant
has indicated that the project site does not contain wetland vegetation, seagrasses
or oysters. CCC Project No.: 05-0239-F1; Type of Application: U.S.A.C.E. permit
application #23691 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).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. 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-200501699
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: April 26, 2005
Notice of Request for Proposals
Pursuant to §§403.011, 2155.001, and 2156.121, Texas Government
Code, and Chapter 54, Subchapter F, §§54.602, 54.611 - 54.618, and
54.636, Texas Education Code, the Comptroller of Public Accounts (Comptroller),
on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces
the issuance of its Request for Proposals (RFP #172e) for Institutional Commission
Recapture Brokerage Services ("Services") for the Board. The selected respondent
will assist the Comptroller and the Board by providing the requested Services
consistent with the Board’s Investment Policy and Guidelines related
to the Texas Tomorrow Constitutional Trust Fund ("Fund"), as described in
this RFP and the contract, if any resulting from it ("Contract"). The Fund
currently includes a prepaid tuition program and a college savings plan, both
as authorized under Section 529 of the Internal Revenue Code. The prepaid
tuition program currently has approximately $1.5 billion dollars in invested
assets. The Comptroller and Board anticipate the selected respondent will
provide the Services for the domestic equity separate account mandates for
the prepaid tuition program; however, there is no guarantee of any specific
amount. The Comptroller, as Chair and Executive Director of the Board, is
issuing this RFP in order that the Board may move forward with retaining the
necessary Services. The Comptroller and the Board reserve the right to award
more than one contract under the RFP. If approved by the Board, the successful
respondent(s) will be expected to begin performance of the contract on or
about July 1, 2005.
Contact: Parties interested in submitting a proposal should contact William
Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts,
111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain
a complete copy of the RFP. The Comptroller will mail copies of the RFP only
to those parties specifically requesting a copy. The RFP will be available
for pick-up at the above referenced address on Friday, May 6, 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 entire RFP available
electronically on the Texas Marketplace after 2:00 p.m. CZT on Friday, May
6, 2005. The website address is http://esbd.tbpc.state.tx.us.
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions,
and non-mandatory Letters of Intent to propose must be received at the above-referenced
address not later than 2:00 p.m. (CZT) on Monday, May 23, 2005. Prospective
respondents are encouraged to fax non-mandatory Letters of Intent and Questions
to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed
to William Clay Harris, Assistant General Counsel, Contracts, and must contain
the information as stated in the corresponding Section of the RFP and be signed
by an official of that entity. Non-mandatory Letters of Intent and Questions
received after this time and date will not be considered. On or before Wednesday,
May 26, 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 G24), no
later than 2:00 p.m. (CZT), on Tuesday, June 7, 2005. Proposals received in
ROOM G24 after this time and date will not be considered regardless of the
reason for the late delivery and receipt. Respondents are encouraged to and
solely responsible for verifying timely receipt of proposals in that office
(ROOM G24).
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria
outlined in the RFP. The Board shall make the final decision on any contract
award or awards resulting from this RFP. The Comptroller and the Board each
reserve the right, in their sole discretion, to accept or reject any or all
proposals submitted. The Comptroller and the Board are not obligated to execute
any contracts on the basis of this notice or the distribution of any RFP.
The Comptroller and the Board shall not pay for any costs incurred by any
entity in responding to this notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as
follows:
Issuance of RFP--May 6, 2005, 2:00 p.m. CZT;
Non-Mandatory Letters of Intent to propose and Questions Due--May 23, 2005,
2:00 p.m. CZT;
Official Responses to Questions posted--May 25, 2005;
Proposals Due--June 7, 2005, 2:00 p.m. CZT;
Contract Execution--July 1, 2005, or as soon thereafter as practical;
Commencement of Project Activities--July 1, 2005, or as soon thereafter
as practical.
TRD-200501701
Pamela Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: April 26, 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,
303.005, and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 05/02/05 -- 05/08/05 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the
period of 05/02/05 -- 05/08/05 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Sec. 303.005
3
for the period of 05/01/05 -- 05/31/05 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Sec. 303.005 for the period of 05/01/05
-- 05/31/05 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.
3
For variable rate commercial transactions
only.
TRD-200501702
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 26, 2005
Notice of the Availability of the Draft April 2005 Update to the Water Quality Management Plan for the State of Texas
The Texas Commission on Environmental Quality (TCEQ or commission) announces
the availability of the draft April 2005 Update to the Water Quality Management
Plan (draft WQMP update) for the State of Texas.
The Water Quality Management Plan (WQMP) is developed and promulgated in
accordance with the requirements of the Federal Clean Water Act, §208.
The draft WQMP update includes projected effluent limits of indicated domestic
dischargers useful for water quality management planning in future permit
actions. Once the commission certifies a WQMP update, the update is submitted
to the United States Environmental Protection Agency (EPA) for approval. For
some Texas pollutant discharge elimination system (TPDES) permits, the EPA's
approval of a corresponding WQMP update is a necessary precondition to TPDES
permit issuance by the commission. The draft WQMP update may contain service
area populations for listed wastewater treatment facilities and designated
management agency information.
A copy of the draft April 2005 WQMP update may be found on the commission's
Web site located at
http://www.tnrcc.state.tx.us/permitting/waterperm/wqmp/index.html
. A copy of the draft may also be viewed at the TCEQ Library, Building
A, 12100 Park 35 Circle, Austin, Texas.
Written comments on the draft WQMP update may be submitted to Nancy Vignali,
Texas Commission on Environmental Quality, Water Quality Division, MC 150,
P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512)
239-4420, but must be followed up with the submission and receipt of the written
comments within three working days of when they were faxed. Written comments
must be submitted no later than 5:00 p.m. on June 6, 2005. For further information
or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at
TRD-200501722
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: April 27, 2005
The following notices were issued during the period of April 19, 2005 through
April 26, 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.
BLOOMINGTON INDEPENDENT SCHOOL DISTRICT has applied for a new permit, proposed
Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014578001,
to authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 5,000 gallons per day. The facility is located 150 feet
south of Farm-to-Market Road 616, approximately 2 miles west of the intersection
of Farm-to-Market Road 616 and U.S. Highway 87 in Victoria County, Texas.
CITY OF COLORADO CITY has applied for a renewal of Permit No. 10077-001,
which authorizes the disposal of treated domestic wastewater at a volume not
to exceed a daily average flow of 1,120,000 gallons per day via surface irrigation
of 280 acres of non-public access hay and grass fields. This permit will not
authorize a discharge of pollutants into waters in the State. The facility
and disposal site are located approximately 1.7 miles south-southeast of the
intersection of East Central Avenue and Washington Street along State Highway
163 and 1.7 miles east of the intersection of State Highway 163 and Farm-to-Market
Road 1229 in Mitchell County, Texas.
CITY OF FAIR OAKS RANCH has applied for a renewal of Permit No. 11867-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 500,000 gallons per day via surface irrigation of 280 acres
of Fair Oaks Ranch Golf and Country Club land. The facility and disposal site
are located on the northern border of Bexar County, west of Ralph Fair Road
and south of Cibolo Creek at the extreme east side of Ralph Fair Ranch in
Bexar County, Texas.
WALTER MADISON GRAY, SR. has applied for a major amendment to TPDES Permit
No. 11449-001 to authorize an increase in the discharge of treated domestic
wastewater from a daily average flow not to exceed 99,000 gallons per day
to a daily average flow not to exceed 300,000 gallons per day. The facility
is located at 5601 Farm-to-Market Road 565 South, in the City of Baytown,
in Chambers County, Texas.
THE CITY OF KERRVILLE has applied for a renewal with changes of TPDES Permit
No. WQ0010576001, which authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 4,500,000 gallons per day. The applicant
has requested removal of authorization for Marketing and Distribution of Class
A sludge and the land application of Class A sludge on property owned, leased,
or under the direct control of the permittee. The facility is located at 3650
Loop 534, at the end of Beach Street on the City Farm in the southeast section
of the City of Kerrville in Kerr County, Texas.
CITY OF LYFORD has applied for a renewal of Permit No. 11210-001, which
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 270,000 gallons per day. The facility is located east of
Lyford, approximately 0.8 miles east and 0.6 miles south of the intersection
of State Highway 448 and Farm-to-Market Road 1921 in Willacy County, Texas.
MILITARY HIGHWAY WATER SUPPLY CORPORATION has applied for a renewal of
TPDES Permit No. 13462-008, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 510,000 gallons per day.
The facility is located approximately 0.5 mile west of the intersection of
Farm-to-Market Road 732 and Joines Road on the south side of Joines Road in
Cameron County, Texas.
THE CITY OF NORDHEIM has applied for a renewal of Permit No. 11163-001,
which authorizes the disposal of treated domestic wastewater at a volume not
to exceed a daily average flow of 27,500 gallons per day via evaporation and
irrigation of 14 acres of non-public access pastureland. This permit will
not authorize a discharge of pollutants into waters in the State. The facility
and disposal site are located approximately 2,000 feet southeast of the intersection
of Farm- to-Market Road 239 and State Highway 72 in DeWitt County, Texas.
CITY OF PEARLAND has applied for a renewal of TPDES Permit No. 10134-010,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed a daily average flow of 2,500,000 gallons per day
from outfall 001 in the interim phase, and not to exceed a daily average flow
of 2,000,000 gallons per day from outfall 002 in the final phase. The facility
is located on Dixie Farm Road, approximately 2.8 miles southwest of the Interstate
Highway 45 and Dixie Farm Road interchange in Brazoria and Harris County,
Texas.
PILOT INDUSTRIES OF TEXAS, INC. which operates an alkylates, lube oil intermediates,
detergents, and surfactants manufacturing plant, has applied for a renewal
of TPDES Permit No. 01899, which authorizes the discharge of process wastewater,
utility wastewater, and storm water at a daily average flow not to exceed
28,000 gallons per day via Outfall 001. The facility is located at 11623 North
Houston Rosslyn Road, southwest of Farm-to-Market Road 249, in the City of
Houston, Harris County, Texas.
REGENCY I-45/SPRING CYPRESS RETAIL, L.P. has applied for a renewal of TPDES
Permit No. 12812-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 60,000 gallons per day. The facility
is located at 1518 Spring Cypress Road in the City of Spring in Harris County,
Texas.
SAN DIEGO MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a renewal of
TPDES Permit No. 10270-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 750,000 gallons per day.
The facility is located adjacent to and east of Benavides Street, approximately
800 feet south of San Diego Creek, 2,200 feet east of State Highway 359 and
3,300 feet south of Sate Highway 44 in Duval and Jim Wells County, Texas.
TEXAS MUNICIPAL POWER AGENCY which operates the Gibbons Creek Lignite Mine,
has applied for a renewal of TPDES Permit No. WQ0002460000, which authorizes
the discharge of storm water from sedimentation ponds in active mining areas
on an intermittent and flow variable basis via Outfalls 001 and 008, and the
discharge of storm water from sedimentation ponds in reclamation areas on
an intermittent and flow variable basis via Outfalls 101-103, 105, and 108-112.
The facility is located along both sides of State Highway 30, approximately
0.5 miles west of the intersection of State Highway 30 and Farm-to-Market
Road 244, near the community of Carlos, Grimes County, Texas.
CITY OF WHEELER has applied for a renewal of Permit No. 10382-001, which
authorizes the disposal of treated domestic wastewater at a volume not to
exceed a daily average flow of 120,000 gallons per day via evaporation and
irrigation on 37 acres of pastureland. This permit will not authorize a discharge
of pollutants into waters in the State. The facility and disposal site are
located on the east side of U. S. Highway 83, approximately one mile north
of Farm-to-Market Road 152 in Wheeler 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 30 DAYS OF THE ISSUED DATE OF THIS NOTICE
The Texas Commission on Environmental Quality (TCEQ) has initiated a minor
amendment of the permit issued to CHUSEI (USA) INC. which operates a polyethylene
wax refining, custom SOCMI chemical manufacturing and tolling, and organo
silicasol and sterol production facility, to include requirements which will
restrict the use of certain chemicals at the facility. The existing permit
authorizes the discharge of storm water and previously monitored effluents
on an intermittent and flow variable basis via Outfalls 001 and 002; and storm
water on an intermittent and flow variable basis via Outfall 003. The facility
is located approximately one mile southwest of the intersection of State Highway
146 and Fairmont Parkway in the Bayport Industrial Park, and bordered on the
east by the Southern Pacific Railroad in the City of La Porte, Harris County,
Texas.
TRD-200501734
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 27, 2005
Notices mailed April 20, 2005 through April 22, 2005.
APPLICATION NO. 5864; TXU Big Brown Mining Company LP (TXU or Applicant)
owner, TXU Mining Company LP, operator, 1601 Bryan Street, Dallas, Texas 75201-3411,
seeks a Water Use Permit pursuant to Texas Water Code 11.121 and Texas Commission
on Environmental Quality Rules 30 Texas Administrative Code (TAC) 295.1, et
seq. TXU seeks authorization to: (1) Maintain three reservoirs in the Big
Brown Lignite Mining Area (LMA) on Pin Oak Creek, tributary of Cottonwood
Creek, tributary of Tehuacana Creek, tributary of the Trinity River, Trinity
River Basin, for domestic, livestock, agricultural (wildlife management) and
game preserves purposes in Freestone County; (2) Divert and use not to exceed
120.5 acre-feet of water per year from two unnamed tributaries of Pin Oak
Creek and Pin Oak Creek, within the Pin Oak Creek portion of the Big Brown
LMA and Pond B-62 (DP 7 below) for dust suppression and other mining related
activities, and (3) Divert over-flow from Reservoir No. 2, Pond B-87, via
a constructed spillway directly to Reservoir No. 1, Pond B-89, during major
storm events. Ownership of the mining rights in TXU's Big Brown LMA is held
under multiple mining leases as evidenced by warranty deeds and leases submitted
in the application filed with the Texas Railroad Commission and in the Deed
Records of Freestone County. The water will be diverted at or upstream from
six (6) identified points in the watershed within the boundary of the LMA,
at a combined maximum rate not to exceed 6000 gpm (13.4 cfs). The diversion
points are located in Freestone County. For a full description of the reservoirs
and diversion points, contact the Office of the Chief Clerk at the address
indicated below, or view the full notice at the public notice web site www.tceq.state.tx.us/comm_exec/cc/pub_notice.html.
TXU Big Brown Mining Company LP (formerly Texas Utilities Mining Company)
is the owner of Water Use Permit No. 5128 which authorizes the owner to construct
and maintain a dam and reservoir, Pond B-62, on Pin Oak Creek and to impound
therein 120.5 acre-feet of water at the lowest ungated outlet elevation of
353.0 feet above mean sea level for sediment control purposes within Big Brown
LMA. Upon issuance of this application as requested, TXU will abandon Water
Use Permit No. 5128, and Pond B-62 and diversion point No. 7 will be included
in Water Use Permit No. 5864. The Commission will review the application as
submitted by the applicant and may or may not grant the application as requested.
The application and required fees were received on October 7, 2004 and additional
information was received on January 11 and February 14, 2005. The application
was declared administratively complete and filed with the Office of the Chief
Clerk on March 4, 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. 5851; The Brazos River Authority has applied for a permit,
designated its "System Operation Permit", to authorize: 1) appropriation of
state water for multiple use purposes; 2) appropriation of current and future
return flows; 3) an exempt interbasin transfer of the water requested; 4)
operational flexibility; 5) recognition that the System Operation Permit will
prevail over inconsistent provisions in its existing water rights; and 6)
the use of the bed and banks of the Brazos River, its tributaries, and BRA's
reservoirs for the storage, conveyance and subsequent diversion of state water
appropriated pursuant to this application and from other sources. The TCEQ
will hold a public meeting to receive comments on the application filed by
the Brazos River Authority. The public meeting will consist of two parts,
an Informal Discussion Period and a Formal Comment Period. During the Informal
Discussion Period, the public is encouraged to ask questions of the applicant
and TCEQ staff concerning the application, but comments made during the Informal
Discussion Period will not be considered by the Commissioners before reaching
a decision on the application and no formal response will be made. During
the Formal Comment Period, members of the public may state their comments
into the official record. The Executive Director will summarize the formal
comments and prepare a written response. The written response will be considered
by the Commissioners in their decision-making process and upon request will
be available to the public. The Public Meeting is to be held: Tuesday, May
17, 2005 at 7:00 p.m., Brazos River Authority Headquarters, 4600 Cobbs Drive,
Waco, Texas 76714. Citizens are encouraged to submit written comments anytime
during the meeting or by mail before the meeting to the Office of the Chief
Clerk, TCEQ, MC 105, P.O. Box 13087, Austin, Texas, 78711-3087. If you need
more information, please call the TCEQ Office of Public Assistance, toll free
at 1-800-687- 4040. For a copy of the complete notice which contains more
detailed information on this application, contact the Office of the Chief
Clerk at the address indicated below, or view the full notice at the public
notice web site www.tceq.state.tx.us/comm_exec/cc/pub_notice.html. This application
is subject to the Texas Coastal Management Program (CMP) and must be consistent
with the CMP goals and policies. The TCEQ will review the application as submitted
by the applicant and may or may not grant the application as requested. The
application was received on June 25, 2004, and additional information was
received on October 8 and October 12, 2004. The application was declared administratively
complete and accepted for filing on October 15, 2004. The TCEQ may grant a
contested case hearing on this application if a written hearing request is
filed within 30 days from the date of newspaper publication of this 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-200501733
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 27, 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
June 27, 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 June 27, 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: Abeida Inc. dba Quik Serve; DOCKET NUMBER: 2005-0217-PST-E;
IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 5371,
Regulated Entity Number (RN) 101909323; LOCATION: Pearsall, Frio County, Texas;
TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §37.815(a) and (b), by failing to provide acceptable financial
assurance; PENALTY: $1,280; ENFORCEMENT COORDINATOR: Suzanne Baldwin, (512)
239-1675; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(2) COMPANY: American Rockwool, Inc. dba Thermafiber, Inc.; DOCKET NUMBER:
2005- 0335-AIR-E; IDENTIFIER: Air Permit Number 9397, RN100215243; LOCATION:
Nolanville, Bell County, Texas; TYPE OF FACILITY: mineral wool manufacturing;
RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 9397, and THSC, §382.085(b),
by exceeding the maximum pounds per hour allowable emission rate for carbon
monoxide; PENALTY: $2,240; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690;
REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254)
751-0335.
(3) COMPANY: BMC Holdings Inc.; DOCKET NUMBER: 2004-2054-AIR-E; IDENTIFIER:
Air Account Number JE0343H, RN102559291; LOCATION: Nederland, Jefferson County,
Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §101.201(a)(1)(B)
and THSC, §382.085(b), by failing to provide initial emissions event
notification; and 30 TAC §116.115(b)(2)(F), Permit Number 901, and THSC, §382.085(b),
by failing to prevent unauthorized emissions; PENALTY: $3,680; ENFORCEMENT
COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Baptist Hospitals of Southeast Texas dba Memorial Hermann
Baptist Beaumont Hospital; DOCKET NUMBER: 2004-2111-PST-E; IDENTIFIER: PST
Facility Identification Number 48639, RN102920220; LOCATION: Beaumont, Jefferson
County, Texas; TYPE OF FACILITY: emergency generator supplied by an underground
storage tank; RULE VIOLATED: 30 TAC §334.8(c)(4)(B), by failing to submit
a completed registration and self-certification form; PENALTY: $600; ENFORCEMENT
COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(5) COMPANY: City of Brownfield; DOCKET NUMBER: 2004-1636-PST-E; IDENTIFIER:
PST Facility Identification Number 68300, RN102851748; LOCATION: Brownfield,
Terry County, Texas; TYPE OF FACILITY: vehicle fueling; RULE VIOLATED: 30
TAC §37.815(a) and (b), by failing to demonstrate financial assurance;
PENALTY: $3,150; ENFORCEMENT COORDINATOR: Larry King, (512) 239-7037; REGIONAL
OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(6) COMPANY: Budget Rent A Car System, Inc.; DOCKET NUMBER: 2004-2006-PST-E;
IDENTIFIER: PST Facility Identification Numbers 31048 and 73218, RN102887098
and RN102887049; LOCATION: Richardson and Dallas; Dallas County, Texas; TYPE
OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED:
30 TAC §37.815(a) and (b), by failing to provide acceptable financial
assurance; PENALTY: $3,232; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: S R Burzynski, MD; DOCKET NUMBER: 2005-0423-PST-E; IDENTIFIER:
PST Facility Identification Number 73909, RN101895977; LOCATION: Houston,
Harris County, Texas; TYPE OF FACILITY: private fuel dispenser; RULE VIOLATED:
30 TAC §37.815(a) and (b), by failing to provide acceptable financial
assurance; PENALTY: $840; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(8) COMPANY: Caro Water Supply Corporation; DOCKET NUMBER: 2005-0185-PWS-E;
IDENTIFIER: Public Water Supply (PWS) Number 1740007, RN101184141; LOCATION:
Nacogdoches, Nacogdoches County, Texas; TYPE OF FACILITY: public water system;
RULE VIOLATED: 30 TAC §290.47(h), by failing to issue boil water notices;
and 30 TAC §290.46(g), by failing to take bacteriological samples; PENALTY:
$1,020; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE:
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(9) COMPANY: Cynthia Brown dba Cindy's; DOCKET NUMBER: 2005-0061-PST-E;
IDENTIFIER: PST Registration Number 40726, RN102719192; LOCATION: Robert Lee,
Coke County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d),
by failing to regularly inspect cathodic protection components in all the
underground storage tanks (USTs); 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1),
by failing to monitor USTs for releases; and 30 TAC §334.48(c), by failing
to conduct inventory control for all USTs; PENALTY: $4,500; ENFORCEMENT COORDINATOR:
Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 622 South Oakes, Suite K, San
Angelo, Texas 76903-7013, (915) 655-9479.
(10) COMPANY: Glass Texaco Distributors, Inc. dba Essex Texaco; DOCKET
NUMBER: 2005-0275-PST-E; IDENTIFIER: PST Registration Number 42586, RN102911161;
LOCATION: Rusk, Cherokee 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: $760; ENFORCEMENT
COORDINATOR: Suzanne Baldwin, (512) 239- 1675; REGIONAL OFFICE: 2916 Teague
Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(11) COMPANY: HJG Trucking Company; DOCKET NUMBER: 2005-0128-WQ-E; IDENTIFIER:
RN102377371; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY:
sand pit; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal
Regulations (CFR) §122.26(a), by failing to obtain authorization to discharge
storm water associated with industrial activity; PENALTY: $5,700; ENFORCEMENT
COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(12) COMPANY: Ollie J. Hilliard dba Jamie's House Charter School Water
System; DOCKET NUMBER: 2005-0302-PWS-E; IDENTIFIER: PWS Number 1013266, RN104074125;
LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply;
RULE VIOLATED: 30 TAC §290.46(n)(1), by failing to provide "as built"
plans for review and approval; 30 TAC §290.41(c)(1)(F), by failing to
provide a sanitary control easement for the water well; and 30 TAC §290.51(a)(3)
and the Code, §5.702, by failing to pay public health service fees; PENALTY:
$126; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: City of Kenedy; DOCKET NUMBER: 2004-1936-MWD-E; IDENTIFIER:
Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10746-001,
RN102097839; LOCATION: Kenedy, Karnes County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10746-001,
and the Code, §26.121(a), by failing to comply with the permitted effluent
limits for total suspended solids, five- day biochemical oxygen demand, total
residual chlorine, and dissolved oxygen; PENALTY: $7,568; ENFORCEMENT COORDINATOR:
Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San
Antonio, Texas 78233-4480, (210) 490-3096.
(14) COMPANY: M.A.D. Property Management, L.P. dba J&H Stop & Shop;
DOCKET NUMBER: 2005-0119-PST-E; IDENTIFIER: PST Facility Identification Number
00971, RN102358660; LOCATION: Azle, 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; PENALTY:
$2,850; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.
(15) COMPANY: Mark A. Mouton; DOCKET NUMBER: 2005-0022-OSI-E; IDENTIFIER:
On-Site Sewage Facility (OSSF) Installer License Number OS0005735, RN103748133;
LOCATION: Warren and Buna; Tyler and Jasper Counties, Texas; TYPE OF FACILITY:
OSSF; RULE VIOLATED: 30 TAC §285.61(4) and THSC, §366.051(c), by
failing to obtain proof of a permit and approved plan before beginning construction;
PENALTY: $408; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL
OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100; 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898- 3838.
(16) COMPANY: Noltex, L.L.C.; DOCKET NUMBER: 2005-0122-AIR-E; IDENTIFIER:
Air Account Number HG7698J, RN101049518; LOCATION: La Porte, Harris County,
Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §§101.20(1),
115.352(2), 115.354(2)(B) and (C), and 116.115(c), 40 CFR §§60.482-2(a)(1)
and (c)(1) and (2), 60.482- 7(a), (d)(1) and (2), and 60.482-8(c)(2), and
New Source Review Permit Number 19074, and THSC, §382.085(b), by failing
to monitor fugitive components in volatile organic compound (VOC) service,
by failing to repair fugitive components in VOC service, and by failing to
make first attempts at fugitive component leaks; and 30 TAC §115.782(b)(1)
and THSC, §382.085(b), by failing to make a first attempt at leak repair
to a fugitive component in highly reactive VOC service; PENALTY: $24,320;
ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(17) COMPANY: City of Pampa; DOCKET NUMBER: 2003-1312-AIR-E; IDENTIFIER:
Air Account Number GH0055U, RN100211416; LOCATION: Pampa, Gray County, Texas;
TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §122.130(b)(1),
40 CFR §60.752(c)(1), and THSC, §382.054, by failing to submit a
federal operating permit abbreviated application; and 30 TAC §101.20(1)
and 40 CFR §60.757(a)(1)(i) and (2), by failing to submit a complete
design capacity report; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Tom Greimel,
(512) 239-5690; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933,
(806) 353-9251.
(18) COMPANY: Proton PRC, LTD. dba Oasis Car Wash; DOCKET NUMBER: 2004-2096-
PST-E; IDENTIFIER: PST Facility Identification Number 70148, RN102378874;
LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: car wash with retail
sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing
to demonstrate acceptable financial assurance; PENALTY: $950; ENFORCEMENT
COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(19) COMPANY: S.L.C. Water Supply Corporation; DOCKET NUMBER: 2004-1133-PWS-E;
IDENTIFIER: PWS Number 1470031, RN101265908; LOCATION: Groesbeck, Limestone
County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.113(f)(4)
and THSC, §341.0315(c), by exceeding the maximum contaminant level of
0.080 milligrams per liter for total trihalomethanes; PENALTY: $323; ENFORCEMENT
COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710- 7826, (254) 751-0335.
(20) COMPANY: S.N.V. Business Inc. dba Bellaire Food Mart; DOCKET NUMBER:
2004- 1961-PST-E; IDENTIFIER: PST Facility Identification Number 35333, RN101724409;
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: $2,460;
ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239- 2136; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.
(21) COMPANY: Steinhagen Oil Company, Inc. dba Fastlane No. 3; DOCKET NUMBER:
2004-2064-PST-E; IDENTIFIER: PST Facility Identification Number 9307, RN101739035;
LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: retail gas
station; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and (d)(6)(E) and the
Code, §26.3475(a), by failing to have a release detection method capable
of detecting a release and by failing to conduct a site assessment prior to
the installation of a groundwater monitoring system; PENALTY: $2,800; ENFORCEMENT
COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(22) COMPANY: The Texas Youth Commission; DOCKET NUMBER: 2004-1367-PST-E;
IDENTIFIER: PST Facility Identification Number 55834, RN101683241; LOCATION:
Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: juvenile corrections; RULE
VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1),
by failing to monitor USTs in a manner which will detect a release; PENALTY:
$2,000; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE:
1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(23) COMPANY: Ubuck, LLC dba Sage Foods; DOCKET NUMBER: 2004-1833-PST-E;
IDENTIFIER: PST Facility Identification Number 28610, RN102821931; LOCATION:
San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by
failing to provide acceptable financial assurance; PENALTY: $3,200; ENFORCEMENT
COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 14250 Judson
Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(24) COMPANY: John Rumfolo dba Walter's Quik Stop; DOCKET NUMBER: 2005-0160-
PST-E; IDENTIFIER: PST Facility Identification Number 73770, RN102716461;
LOCATION: Tomball, 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 provide acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT
COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(25) COMPANY: Ofelia Bosquez dba Wencho's Gas and Food Mart; DOCKET NUMBER:
2005-0132-AIR-E; IDENTIFIER: Air Account Number EE1228E, RN101652691; LOCATION:
Tornillo, El Paso County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b),
by offering for sale gasoline with an oxygen content lower than 2.7% by weight;
PENALTY: $800; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL
OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915)
834-4949.
(26) COMPANY: West Texas Gas, Inc.; DOCKET NUMBER: 2004-1870-PST-E; IDENTIFIER:
PST Facility Identification Number 27656, RN102277266; LOCATION: Lubbock,
Lubbock County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED:
30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator
had a valid, current delivery certificate; and the Code, §5.702 and §26.358(f),
by failing to pay aboveground storage tank fees; PENALTY: $800; ENFORCEMENT
COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 4630 50th Street,
Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(27) COMPANY: Western Transportation, Inc.; DOCKET NUMBER: 2005-0483-PST-E;
IDENTIFIER: RN104516927; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY:
fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to
ensure that the owner or operator had a valid, current delivery certificate;
PENALTY: $800; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL
OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512)
339-2929.
TRD-200501721
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: April 27, 2005
Notice of Intent to Revoke the Certification of Mammography Systems of Hereford Regional Medical Center
Notice is hereby given that the Radiation Control Program, Department of
State Health Services (department), filed a complaint against the following
registrant: Hereford Regional Medical Center, 801 East 3rd Street, Hereford,
Texas 79045, Registration No. M00408.
The department intends to revoke the certification of mammography systems;
order the registrant to cease and desist use of such mammography machine(s);
order the registrant to divest itself of such equipment; and order the registrant
to present evidence satisfactory to the department that it has complied with
the orders and the provisions of the Health and Safety Code, Chapter 401.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200501739
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: April 27, 2005
Notice is hereby given that the Department of State Health Services (department)
issued a notice of violation and proposal to assess an administrative penalty
to East Texas Medical Center Management (registrant--R22120-006) of Tyler.
A total penalty of $10,000 is proposed to be assessed the registrant for alleged
violations of 25 Texas Administrative Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200501737
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: April 27, 2005
Notice is hereby given that the Department of State Health Services (department)
issued a notice of violation and proposal to assess an administrative penalty
to Goolsby Testing Laboratories, Inc. (licensee--L03115) of Humble. A total
penalty of $14,000 is proposed to be assessed the licensee for alleged violations
of 25 Texas Administrative Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200501740
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: April 27, 2005
Notice is hereby given that the Department of State Health Services (department)
issued a notice of violation and proposal to assess an administrative penalty
to Harold D. Lewis, D.O., dba Family Practice Clinic (registrant--R22434)
of Austin. A total penalty of $8,000 is proposed to be assessed the registrant
for alleged violations of 25 Texas Administrative Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200501738
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: April 27, 2005
Notice is hereby given that the Department of State Health Services (department)
issued a notice of violation and proposal to assess an administrative penalty
to Northstar Surgical Center (registrant--R26257) of Lubbock. A total penalty
of $5,000 is proposed to be assessed the registrant for alleged violations
of 25 Texas Administrative Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200501741
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: April 27, 2005
Notice is hereby given that the Department of State Health Services (department)
issued a notice of violation and proposal to assess an administrative penalty
to Patricia H. Janki, M.D. (registrant--R25967) of Houston. A total penalty
of $4,000 is proposed to be assessed the registrant for alleged violations
of 25 Texas Administrative Code, Chapter 289.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200501742
Cathy Campbell
Director, Legal Services
Department of State Health Services
Filed: April 27, 2005
Notice of Public Hearing
Multifamily Housing Revenue Bonds (St. Augustine
Estates) Series 2005
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at W. W. Samuell High School,
8928 Palisade Drive, Dallas, Texas 75217, at 6:00 p.m. on May 25, 2005 with
respect to an issue of tax-exempt multifamily residential rental development
revenue bonds in an aggregate principal amount not to exceed $10,000,000 and
taxable bonds, if necessary, in an amount to be determined, to be issued in
one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds
will be loaned to St. Augustine Estate Apartments, L.P., a limited partnership,
or a related person or affiliate thereof (the "Borrower") to finance a portion
of the costs of acquiring, constructing and equipping a multifamily housing
development (the "Development") described as follows: 150-unit multifamily
residential rental development to be located at approximately the 2300 block
of North St. Augustine Drive, Dallas County, Texas. The Development initially
will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Robbye
Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine,
Austin, Texas 78701; (512) 475-2213; and/or robbye.meyer@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Robbye Meyer in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Robbye Meyer
at least three days prior to the hearing date. 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.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200501704
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 26, 2005
Multifamily Housing Revenue Bonds (Prairie Ranch
Apartments) Series 2005
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at West Elementary School,
2911 Kingswood Boulevard, Grand Prairie, Texas 75052, at 6:00 p.m. on May
23, 2005 with respect to an issue of tax-exempt multifamily residential rental
development revenue bonds in an aggregate principal amount not to exceed $13,000,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds
will be loaned to ARDC GPwest, Ltd., a limited partnership, or a related person
or affiliate thereof (the "Borrower") to finance a portion of the costs of
acquiring, constructing and equipping a multifamily housing development (the
"Development") described as follows: 176-unit multifamily residential rental
development to be located at 4940 South State Highway 360, Tarrant County,
Texas. The Development initially will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Robbye
Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine,
Austin, Texas 78701; (512) 475-2213; and/or robbye.meyer@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Robbye Meyer in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Robbye Meyer
at least three days prior to the hearing date. 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.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200501706
Edwina P. Carrington
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 26, 2005
Company Licensing
Application to change the name of TIG PREMIER INSURANCE COMPANY to FAIRMONT
PREMIER INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home
office is in Martinez, California.
Application to change the name of SEGUROS TEPEYAC, S.A. to MAPFRE TEPEYAC,
S.A., a Mexican Casualty company. The home office is in San Fernando Huixquilucan
Estado de Mexico.
Application for admission to the State of Texas by OCEAN HARBOR CASUALTY
INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office
is in Tallahassee, Florida.
Application for admission to the State of Texas by CATHOLIC KNIGHTS, a
foreign Life, Accident and/or Health company. The home office is in Milwaukee,
Wisconsin.
Application for incorporation to the State of Texas by MEDICUS INSURANCE
COMPANY, a domestic Fire and/or Casualty company. The home office is in Austin,
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-200501735
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 27, 2005
Instant Game Number 577 "Easy 10"
1.0 Name and Style of Game.
A. The name of Instant Game No. 577 is "EASY 10". The play style is "key
number match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 577 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 577.
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,
$1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $50.00,
$60.00, $200, or $1,000.
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 Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $4.00, $5.00, $6.00,
$10.00 or $20.00.
H. Mid-Tier Prize - A prize of $30.00, $60.00, $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.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (577), 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: 577-0000001-001.
L. Pack - A pack of "EASY 10" 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 "EASY
10" Instant Game No. 577 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "EASY 10"
Instant Game is determined once the latex on the ticket is scratched off to
expose 12 (twelve) Play Symbols. If a player reveals a 10 (ten) play symbol
in the play area the player wins 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 12 (twelve) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
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 12 (twelve)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 12 (twelve) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 12 (twelve) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning play symbols on a ticket.
C. No duplicate non-winning prize symbols on a ticket.
D. Non-winning play symbols will never occur with the same prize symbol
(i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "EASY 10" Instant Game prize of $1.00, $2.00, $3.00, $4.00,
$5.00, $6.00, $10.00, $20.00, $30.00, $60.00, $100 or $200, a claimant shall
sign the back of the ticket in the space designated on the ticket and present
the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer
shall verify the claim and, if valid, and upon presentation of proper identification,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $30.00, $60.00, $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 "EASY 10" 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 "EASY 10" 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 "EASY 10"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "EASY 10" 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 20,160,000
tickets in the Instant Game No. 577. 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. 577 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. 577,
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-200501686
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 25, 2005
1.0 Name and Style of Game.
A. The name of Instant Game No. 595 is "CASHWORD". The play style is "key
symbol match with a prize legend".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 595 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 595.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: A, B, C, D, E, F, G,
H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, and ?.
D. Play Symbol Caption- the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (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 Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $3.00, $5.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $100 or $500.
I. High-Tier Prize- A prize of $5,000 or $35,000.
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 (595), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 125 within
each pack. The format will be: 595-0000001-001.
L. Pack - A pack of "CASHWORD" Instant Game tickets contain 125 tickets,
which are 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
125 will be revealed on the back of the 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 125 will be shown on the back of the pack.
All packs will be tightly shrink-wrapped. There will be no breaks between
the tickets in a 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 "CASHWORD"
Instant Game No. 595 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 "CASHWORD"
Instant Game is determined once the latex on the ticket is scratched off to
expose 139 (one hundred thirty-nine) possible play symbols. The player must
scratch off all 18 (eighteen) boxed squares in the YOUR LETTERS play area
to reveal 18 play symbol letters; then scratch the corresponding letters found
in the CASHWORD puzzle grid play area. If a player scratches at least three
(3) complete "words" in the CASHWORD puzzle grid play area, the player will
win the corresponding prize indicated in the prize legend. For each of the
18 play symbol letters revealed in YOUR LETTERS play area, the player must
reveal the identical key play symbol letter in the CASHWORD puzzle grid play
area. Letters combined to form a complete "word" must appear in an unbroken
horizontal (left to right) sequence or vertical (top to bottom) sequence of
letters within the CASHWORD puzzle grid. Only letters within the CASHWORD
puzzle grid that are matched with the YOUR LETTERS can be used to form a complete
"word". The three (3) small letters outside the squares in the YOUR LETTERS
area are for validation purposes and cannot be used to play CASHWORD. In the
CASHWORD puzzle grid, every lettered square within an unbroken horizontal
or vertical sequence must be matched with the YOUR LETTERS to be considered
a complete "word". Words within a word are not eligible for a prize. For example,
all the YOUR LETTERS play symbols S, T, O, N. E, must be revealed for this
to count as one complete "word". TON, ONE or any other portion of the sequence
of STONE would not count as a complete "word". A complete "word" must contain
at least three letters. Letters combined to form a complete "word" must appear
in an unbroken vertical (top to bottom) or horizontal (left to right) string
of letters in the CASHWORD. To form a complete word, an unbroken string of
letters cannot be interrupted by a block space. Any other words contained
within a complete word are not added or counted for purposes of prize legend.
Every single letter in the vertical or horizontal (left to right)` unbroken
string must: (a) be one of the 18 larger outlined play symbols letters revealed
in the play area, YOUR LETTERS, and (b) be included to form a complete "word".
The possible complete words for this ticket are contained in the CASHWORD
play area. Each possible complete word must consist of three (3) or more letters
and occupy an entire word space. Players must match all of the play symbol
letters to the identical key play symbols in a possible complete word in order
to complete the word. If the letters revealed form three (3) or more complete
words each of which occupy a complete word space on the CASHWORD play area,
the player will win the corresponding prize shown in the prize legend for
forming that number of complete words. 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. One hundred thirty-nine (139) possible Play Symbols must appear under
the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have 139 (one hundred
thirty-nine) possible 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 139 (one hundred thirty-nine) possible Play Symbols must
be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 139 (one hundred thirty-nine) possible 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. Adjacent tickets in a pack will not have identical patterns.
C. Each ticket consists of a Your Letters area and one Crossword Puzzle
Grid.
D.The Crossword Puzzle Grid will be formatted with at least 1000 configurations
(i.e. puzzle layouts not including words).
E. All Crossword Puzzle Grid configurations will be formatted within a
grid that contains 11 spaces (height) by 11 spaces (width).
F. Each word will appear only once per ticket on the Crossword Puzzle Grid.
G. Each letter will only appear once per ticket in the YOUR LETTERS play
area.
H. Each Crossword Puzzle Grid will contain the following: a) 4 sets of
3 letter words b) 5 sets of 4 letter words c) 3 sets of 5 letter words d)
3 sets of 6 letter words e) 1 set of 7 letter words f) 2 sets of 8 letter
words g) 1 set of 9 letter words. h) 19 words per puzzle per ticket.
I. There will be a minimum of three (3) vowels in the YOUR LETTERS play
area.
J. The length of words found in the Crossword Puzzle Grid will range from
3-9 letters.
K. Only words from the approved word list will appear in the Crossword
Puzzle Grid.
L. None of the prohibited words (see attached list) will appear horizontally
(in either direction), vertically, (in either direction) or diagonally (in
either direction) in the Cashword puzzle grid.
M.You will never find a word horizontally (in either direction), vertically
(in either direction) or diagonally (in either direction) in the YOUR LETTERS
play area that matches a word in the Crossword Puzzle Grid.
N. Each Crossword Puzzle Grid will have a maximum number of different grid
formations with respect to other constraints. That is, for identically formatted
Crossword puzzles (i.e. the same grid), all "approved words" will appear in
every logical (i.e. 3 letter word = 3 letter space) position, with regards
to limitations caused by the actual letters contained in each word (i.e. will
not place the word ZOO in a position that causes an intersecting word to require
the second letter to be "Z", when in fact, there are no approved words with
a "Z" in the second letter position).
O. No one (1) letter, with the exception of vowels, will appear more than
nine (9) times in the Crossword Puzzle grid.
P. No ticket will match eleven (11) words or more.
Q. Each ticket may only win one (1) prize.
R. Three (3) to ten (10) completed words will be revealed as per the prize
structure.
S. NON-WINNING TICKETS: Sixteen (16) to eighteen (18) YOUR LETTERS will
open at least one (1) letter in the CASHWORD Puzzle Grid.
2.3 Procedure for Claiming Prizes.
A. To claim a "CASHWORD" Instant Game prize of $3.00, $5.00, $10.00, $20.00,
$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 $100 or $500 ticket. In
the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery
Retailer shall provide the claimant with a claim form and instruct the claimant
on how to file a claim with the Texas Lottery. If the claim is validated by
the Texas Lottery, a check shall be forwarded to the claimant in the amount
due. In the event the claim is not validated, the claim shall be denied and
the claimant shall be notified promptly. A claimant may also claim any of
the above prizes under the procedure described in Section 2.3.B and 2.3.C
of these Game Procedures.
B. To claim a "CASHWORD" Instant Game prize of $5,000 or $35,000, 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 "CASHWORD" 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 "CASHWORD"
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 "CASHWORD" 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 therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefore.
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. 595. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 595 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. 595,
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-200501687
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 25, 2005
1.0 Name and Style of Game.
A. The name of Instant Game No. 596 is "FABULOUS 5’S". The play style
in Game 1 is "key number match with doubler." The play style in Game 2 is
"match up." The play style in Game 3 is "bonus game". The play style in Game
4 is "three in line with doubler". The play style in Game 5 is "key number
match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 596 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 596.
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, $15.00,
$20.00, $25.00, $40.00, $50.00, $55.00, $100, $500, $1,000, $5,000, $55,000,
5 SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
$00, X SYMBOL, O SYMBOL and 5 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 Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $55.00, $100 or $500.
I. High-Tier Prize- A prize of $5,000 or $55,000.
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 (596), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 075 within
each pack. The format will be: 596-0000001-000.
L. Pack - A pack of "FABULOUS 5’S" Instant Game tickets contains
75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one
(1). The packs will alternate. One will show the front of ticket 001 and back
of 075 while the other fold will show the back of ticket 001 and front of
075.
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 "FABULOUS
5’S" Instant Game No. 596 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 "FABULOUS
5’S" Instant Game is determined once the latex on the ticket is scratched
off to expose 42 (forty-two) Play Symbols. In Game 1, if a player matches
three (3) identical amounts the player wins amount indicated. If a player
matches two (2) identical amounts and reveals a "5" play symbol the player
wins double the amount indicated automatically. In Game 2, if a player reveals
two (2) "5" play symbols the player wins prize indicated. In Game 3, if a
player reveals a prize between $15.00 inclusive and $55.00 inclusive the player
wins that prize amount indicated. In Game 4, if a player reveals three (3)
identical "X" play symbols or three (3) identical "O" play symbols either
diagonally, vertically, or horizontally the player wins prize indicated in
Prize Box. If a player reveals three "5" play symbols either diagonally, vertically,
or horizontally the player wins double the prize indicated. In Game 5, if
a player matches either of the LUCKY NUMBERS play symbols to any of YOUR NUMBERS
play symbols the player wins prize indicated for that number. If a player
reveals a "5" play symbol the player wins double the prize indicated 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 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. The doubler feature will never appear more than once within a game and
only on intended winning tickets as dictated by the prize structure in games
1, 4 and 5.
C. Game1: No four or more of a kind.
D. Game 1: No three pairs in this game.
E. Game1: No three of a kind and a doubler symbol.
F. Game 2: There will be no occurrence of two matching play symbols other
than the 5 symbol.
G. Game 4: This game may only win once.
H. Game 4: There will be at least two 5 play symbols in this game.
I. Game 5: No three or more like non-winning prize symbols in this game.
J. Game 5: No duplicate non-winning YOUR NUMBERS play symbols.
K. Game 5: No duplicate LUCKY NUMBERS play symbols on a ticket.
L. Game 5: No prize amount in a non-winning spot will correspond with the
YOUR NUMBERS play symbol (i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "FABULOUS 5’S" Instant Game prize of $5.00, $10.00,
$15.00, $20.00, $50.00, $55.00, $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, $55.00, $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 "FABULOUS 5’S" Instant Game prize of $5,000 or $55,000,
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 "FABULOUS 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 "FABULOUS
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 "FABULOUS 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 6,000,000
tickets in the Instant Game No. 596. 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. 596 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. 596,
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-200501688
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 25, 2005
Notice of Administrative Hearing
Thursday, May 26, 2005, 1:00 p.m.
State Office of Administrative Hearings, William P. Clements Building,
300 West 15th Street, 4th Floor,
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
vs. Ghengis Khan Investments, to hear alleged violations of Sections 1201.354,
1201.356, 1201.357, 1201.358, 1201.451, 1201.551(a)(3) and 1201.455(a) of
the Act and Sections 80.131(b) and 80.132(3) of the Rules by selling a used
manufactured home without the appropriate, timely transfer of a good and marketable
title, failing to deliver a habitability warranty, and not complying with
the initial report and warranty orders of the Director and providing copies
of completed work orders in a timely manner. SOAH 332-05-5427. Department
MHD2005000238-W and MHD2005000239-L.
Contact: Jim R. Hicks, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589, james.hicks@tdhca.state.tx.us
TRD-200501703
Timothy K. Irvine
Executive Director
Manufactured Housing Division
Filed: April 26, 2005
Consulting Services Contract Notification
In compliance with the provisions of Chapter 2254, Subchapter B, Texas
Government Code, the State Preservation Board is giving notice that it intends
to award a consulting agreement for a museum exhibit front-end audience evaluation
to People, Places & Design Research, unless a better offer is received.
The Agency has received underwriting for the planning of the exhibit through
a grant from the National Endowment for the Humanities (NEH). The Consultant
will work with agency staff to develop a research strategy, design data gathering
tools, monitor acquisition of data, review and analyze data and create a summary
report in order to understand initial audience expectations for the exhibit,
entry level knowledge of the topic and motivations for coming to the exhibit.
The Agency intends to award the contract to the consultant listed above who
was identified in the NEH grant application that is providing the project
funding.
Please call David Denney, Director of Public Programs, The Bob Bullock
Texas State History Museum, (512) 936-2311 if you have questions or need further
information. The deadline for inquiries is May 27, 2005.
TRD-200501705
Linda Gaby, CTPM
Director of Administration
State Preservation Board
Filed: April 26, 2005
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On April 18, 2005, Supra Telecommunications and Information Systems, Inc.
filed an application with the Public Utility Commission of Texas (commission)
to amend its service provider certificate of operating authority (SPCOA) granted
in SPCOA Certificate Number 60177. Applicant intends to reflect a change in
ownership/control.
The Application: Application of Supra Telecommunications and Information
Systems, Inc. for an Amendment to its Service Provider Certificate of Operating
Authority, Docket Number 31007.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
May 11, 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 31007.
TRD-200501651
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 21, 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 April 14, 2005,
pursuant to the Public Utility Regulatory Act, TEX. UTIL. CODE. ANN. §§14.101
and 37.154 (Vernon 1998 & Supp. 2005) (PURA).
Docket Style and Number: Application of AEP Texas Central Company and South
Texas Electric Cooperative Reporting Sale of Certain Substation Facilities,
Docket Number 31003.
The Application: AEP Texas Central Company (TCC) and South Texas Electric
Cooperative (STEC) filed an application reporting sale of certain substation
facilities. The facilities are located within the Loyola Substation, which
is approximately 1 mile north of the unincorporated community of Riviera and
0.5 miles east of Highway 77 in Kleberg County. The subject facilities are
100% dedicated to serving customers that would be transferred to Nueces Electric
Cooperative, Inc. (NEC) upon Commission approval of Docket 30633,
Joint Petition of Nueces Electric Cooperative, Inc. and AEP Texas Central
Company to Transfer Service Area Rights and Associated Distribution Faclities
. In accordance with the operating agreement between NEC and STEC,
these facilities are the type that STEC owns and operates to serve NEC. TCC,
NEC, and STEC agree that the transfer would appropriately be made to STEC
instead of NEC. This transfer is contingent upon the approval of Docket Number
30633.
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 31003.
TRD-200501653
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 21, 2005
Notice is given to the public of an application filed by La Ward Telephone
Exchange, Inc. (La Ward) with the Public Utility Commission of Texas (commission)
on April 8, 2005 to make a tariff rate change.
Docket Title and Number: Application of La Ward Telephone Exchange, Inc.
for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Number 30992.
The Application: La Ward has filed a statement of intent to implement revisions
to its Local Exchange Access Line rates and to increase its Service Order,
Returned Check and DID Number Block rates.
For a copy of the proposed tariffs or for further information regarding
this application, customers should contact La Ward Telephone Exchange, Inc.
at Highway 172, La Ward, Texas 77970 or call (361) 872-2211 during regular
business hours.
Customers have a right to petition the commission for a review of this
application. If the commission receives a complaint relating to the proposed
change from either an affected intrastate access customer or a group of affected
intrastate access customers that, the preceding 12 months, the company billed
more than 10% of its total intrastate gross access revenues, the application
will be docketed. The deadline to comment or request to intervene in this
proceeding is June 30, 2005. Persons wishing to comment or intervene should
contact the Public Utility Commission of Texas, Customer Protection Division,
P.O. Box 13326, Austin, Texas 78711-3326 or call the commission at (512) 936-7120
or in Texas (toll-free) at 1-888-782-8477. Hearing- and speech-impaired individuals
with text telephones (TTY) may contact the commission at (toll-free) 1-800-735-2988.
TRD-200501652
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 21, 2005
Invitation for Consultants to Provide Offers of Consulting Services Related to Assisting the University of North Texas Office of Research Services
Pursuant to the provisions of Texas Government Code, Chapter 2254, the
University of North Texas (UNT) 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.
Scope of Work:
The selected consulting firm will be responsible for assisting UNT in developing
and maximizing its facilities and administrative rate proposal for submission
to the Dallas Office of the Department of Health and Human Services, Division
of Cost Allocation. The consulting services will include, but not necessarily
be limited to, the following: development of a project plan and control mechanism;
development of a facilities space survey instrument; ratio analysis of data
obtained from the facilities space survey; provide support for the reconfiguration
and reinstallation of the existing Comprehensive Rate Information System database
in conjunction with and using PeopleSoft data; review of and advice related
to the allocation basis of costs; review of and advice related to interest
expense charges; review of and advice related to facilities and administrative
depreciation methodologies; review of and advice related to direct charge
equivalent methodology and calculation of the departmental administration
rate component; review of and advice related to incorporation of cost sharing
data; assistance with preparation of the facilities and administrative proposal;
and advice and assistance related to the Division of Cost Allocation review,
defense of the submitted proposal and space survey, and rate negotiations.
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 UNT, and any other information the
consultant desires UNT to consider in connection with the consultant's offer;
(8) information to assist UNT in assessing the consultant's demonstrated competence
and experience providing consulting services similar to the services requested
in this Invitation; (9) information to assist UNT in assessing the consultant's
experience performing the requested services for other complex institutions
or systems of higher education; (10) information to assist UNT in assessing
whether the consultant will have any conflicts of interest in performing the
requested services; (11) information to assist UNT in assessing the overall
cost to UNT for the requested services to be performed; and (12) information
to assist UNT 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 UNT by Maximus, Inc. in the original development and implementation of
the Comprehensive Rate Information System database. Unless a better offer
(as determined by UNT) is received in response to this Invitation, UNT intends
to award the contract for the consulting services to Maximus, Inc.
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 UNT 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 UNT on
the basis of negotiation with any of the consultants. At UNT'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. UNT will provide
each consultant within the competitive range with an equal opportunity for
discussion and revision of its offer. UNT 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,
UNT 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, UNT may permit a consultant
to revise its offer in order to obtain the consultant's best final offer.
UNT is not bound to accept the lowest priced offer if that offer is not in
its best interest, as determined by UNT. UNT 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 UNT.
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 UNT in UNT's sole discretion. Offers will be evaluated by
University of North Texas and member institution personnel. The evaluation
of offers and the selection of the Successful Offer will be based on the information
provided to UNT 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 UNT.
The successful consultant will be required to enter into a contract acceptable
to UNT.
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 UNT during this Invitation process.
Finding by President:
The President of the University of North Texas finds that the consulting
services are necessary because the University of North Texas does not have
the specialized experience or the staff resources available for the development
and integration of its existing software systems with Peoplesoft data for
the submission of its Research Services facilities and administrative rate
proposal to the Department of Health and Human Services, Division of Cost
Allocation. The University of North Texas believes that such expert consulting
services will be cost effective by maximizing its research funding.
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, 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 1:00 p.m., CDT, Monday, June 6, 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, 2310 North Interstate
35-E, P.O. Box 310499, Denton, Texas 76201. UNT may in its sole discretion
respond in writing to questions concerning this Invitation. Only UNT'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-200501736
Sandy Shelton
Contract Administration Manager
University of North Texas
Filed: April 27, 2005
Texas Building and Procurement Commission
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Notice of Water Quality Applications
Notice of Water Rights Application
Proposed Enforcement Orders
Department of State Health Services
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on East Texas Medical Center Management
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Goolsby Testing Laboratories, Inc.
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Harold D. Lewis, D.O., dba Family Practice Clinic
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Northstar Surgical Center
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Patricia H. Janki, M.D.
Texas Department of Housing and Community Affairs
Notice of Public Hearing
Texas Department of Insurance
Texas Lottery Commission
Instant Game Number 595 "Cashword"
Instant Game Number 596 "Fabulous 5's"
Manufactured Housing Division
State Preservation Board
Public Utility Commission of Texas
Notice of Application for Sale, Transfer, or Merger
Notice of Filing Made for Approval of a Tariff Rate Change for Service Charges Pursuant to P.U.C. Substantive Rule §26.171
University of North Texas
Texas Workers' Compensation Commission