Department of Aging and Disability Services
Public Hearing
The Department of Aging and Disability Services (DADS) will conduct a public
hearing to receive comments on the Long-Term Care Plan for Persons with Mental
Retardation and Related Conditions. The public hearing will be held on August
21, 2006, at 10:00 a.m. in the Public Hearing Room at DADS, Winters Building,
701 W. 51st Street, Austin, Texas.
In addition, comments may be submitted during the public comment period,
which begins August 11, 2006, and ends August 21, 2006. Comments must be submitted
in writing to the Department of Aging and Disability Services, Jill Schalchlin,
Mail Code W-578, P.O. Box 149030, Austin, Texas 78714-9030. Comments may also
be submitted electronically to jill.schalchlin@dads.state.tx.us. For additional
information or a copy of the Long-Term Care Plan, contact Jill Schalchlin
at (512) 438-4550.
TRD-200604007
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Filed: August 2, 2006
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 July 21, 2006,
through July 27, 2006. 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 August 2, 2006. The public comment
period for these projects will close at 5:00 p.m. on September 1, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: Texas Department of Transportation
;
Location: The project is located in the Brazos River and adjacent wetlands
along a 2.3-mile project length. The project can be located on the U.S.G.S.
quadrangle map entitled: Brazoria, Texas. Approximate UTM Coordinates in NAD
27 (meters) for the west project terminus: Zone 15; Easting: 249730; Northing:
3215930. Approximate UTM Coordinates in NAD 27 (meters) for the east project
terminus: Zone 15; Easting: 252595; Northing: 3216794. Project Description:
The applicant proposes to widen State Highway (SH) 332 from a two-lane undivided
road to a four-lane divided roadway between SH 36 to 0.87 miles east of Farm-to-Market
(FM) 521. New right-of-way (ROW) will be required for portions of the project
area. The new roadway will cross the Brazos River between the existing bridge
and Union Pacific RR bridge and will require temporary access to portions
of the river channel. Approximately 2.85 acres of wetlands and other waters
will be permanently filled and 2.39 acres of wetlands will be temporarily
impacted with a conversion of 1.35 acres of forested wetlands and emergent
wetlands. The applicant proposes to offset project impacts through the set-aside
of 18.73 acre-credits at the Coastal Bottomlands Mitigation Bank. CCC Project
No.: 06-0261-F1; Type of Application: U.S.A.C.E. permit application #24062
is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Note: The consistency review for this project may be conducted by the Texas
Commission on Environmental Quality under §401 of the Clean Water Act.
Applicant: Calhoun LNG, LP
; Location: The
project site is located in Lavaca Bay, at the Port of Port Lavaca-Point Comfort,
in Port Lavaca, Calhoun County, Texas. An associated 27-mile-long send-out
pipeline will originate at the proposed terminal facility in Calhoun County,
and will terminate near the town of Edna, in Jackson County, Texas. Two smaller
pipeline laterals (0.25 mile each) will be located in the immediate vicinity
of the terminal facility. The terminal facility site can be located on the
U.S.G.S. quadrangle map entitled: Point Comfort, Texas. Approximate UTM Coordinates
in NAD 27 (meters): Zone 14; Easting: 738879; Northing: 3170467. The terminus
of the proposed pipeline can be located on the U.S.G.S. quadrangle map entitled:
Edna, Texas. Approximate UTM Coordinated in NAD 27 (meters): Zone 14; Easting:
722666; Northing: 3204354. Project Description: The applicant proposes to
construct, operate, and maintain structures and equipment necessary for a
liquefied natural gas (LNG) receiving and transportation facility. The project
is designed for the importation, storage, and vaporization of about 1.0 billion
cubic feet per day (Bcf/d) of foreign-source LNG to provide a competitive
supply of natural gas to local industrial customers and to deliver natural
gas into the existing interstate and intrastate natural gas pipelines near
Edna, Texas. The terminal facility will be located along the southeastern
shoreline of Lavaca Bay, south of Point Comfort, Texas. Large LNG ships (generally
greater than 1,000 feet in length) will off-load LNG at a new marine terminal
to be constructed by deepening an existing dredged harbor owned and operated
by the Calhoun County Navigation District. The terminal will have the capability
of unloading up to 120 ships per year. LNG will be transported by vacuum-jacketed,
cryogenic service pipes to cryogenic service storage tanks where it will be
stored in a liquefied state at atmospheric pressure. To condition the LNG
for the intrastate pipeline market, the LNG will be pressurized by pumps and
vaporized in heat exchangers to pipeline quality natural gas. No additional
compression will be required above the exchanger output pressures for gas
transport. Natural gas will be sent out of the terminal facilities at a rate
of up to 1.0 Bcf/d via a 27-mile long, 36-inch-diameter natural gas send out
pipeline. The send out pipeline will transport the natural gas to the meter
station located near Edna, Texas. In addition, a 0.25-mile-long, 8-inch-diameter
lateral leading from the facility to the Formosa Company and a 0.25-mile,
16-inch-diameter lateral leading from the facility to an existing Transco
meter station are also proposed. The facility will be constructed on 73 acres
of an 89-acre, man-made, industrial use site owned by the Port of Port Lavaca-Point
Comfort. The construction of two LNG tanks, vaporization and vapor handling
system, and support buildings and piping structures will not result in impacts
to jurisdictional areas. However, in order to accommodate LNG ships, the existing
harbor and turning basin would need to be dredged to a depth of 36 feet mean
sea level (MSL). A turning basin adjacent to the harbor is also proposed.
A total of 4.2 million cubic yards of material would be dredged from this
79-acre area. Of this material, approximately 3.2 million cubic yards of material
would be removed to construct the new turning basin and 0.7 million cubic
yards of material would be removed for the ship berth. The applicant has developed
a dredged material management plan that proposes open-water disposal of a
majority of the dredged material. Dredged material would be used to "cap"
contaminated sediments in the surrounding area. The marine terminal will also
include the construction of reinforced concrete breasting and mooring dolphins,
which will be required to safely berth and moor the full range of ships potentially
using the slip area. The LNG unloading dock will be a two-level reinforced
concrete beam and slab structure approximately 50 feet wide by 150 feet long
supported on piles. The LNG dock will be accessed from the main terminal by
a trestle. The dock will be curbed and its surface will be sloped to a collection
point to confine LNG spillage. Construction of the docking and unloading facilities
will occur in a previously disturbed area. Construction of the proposed pipelines
and related facilities would disturb about 416.6 acres of land, including
the construction right-of-way (ROW) for the 36-inch diameter main pipeline
and 8- and 16-inch diameter laterals, additional temporary workspaces, a contractor
pipe yard, main line valve delivery points/interconnects, pig launcher and
receiver, and access roads. Approximately 25.2 miles of the route for the
36-inch diameter pipeline would be immediately adjacent to existing ROW while
the 8-inch lateral would be adjacent to existing ROW for 0.2 mile. The 16-inch
diameter lateral will be adjacent to an existing ROW for its entire length.
Construction of the 27-mile-long, 36-inch diameter pipeline would result in
impacts to 23 acres of wetlands. Of this acreage, 2.29 acres of forested wetlands
would be permanently impacted as a result of trenching the pipeline. The remaining
impacts are considered temporary and the areas will be restored and monitored
upon completion of construction activities. The applicant proposes to directionally
drill the pipeline beneath all navigable water bodies located along the pipeline
route. The applicant is currently evaluating appropriate mitigation for impacts
to forested wetlands located along the pipeline ROW. The applicant is proposing
to dredge the Point Comfort Turning Basin to a depth of 36 feet mean low lower
water (MLLW) with a 2-foot advanced maintenance requirement and a 2-foot overdepth
allowance. Therefore, the assumed depth of the dredge site is -40 feet MLLW.
This will involve the excavation of approximately 3.5 million cubic yards
of material. The estimated annual maintenance dredging volume is 300,000 cubic
yards of material. The total maintenance dredge volume for the 50-year life
of the project would be 15 million cubic yards of material. An unnamed oyster
reef may occur within the parameters of the dredge area and may be impacted
as a result of dredging operations. The applicant is proposing to dispose
of the dredge material using the following methodologies: Enhanced Recovery
Projects, Dredge Island Marsh, Dredge Island Expansion South, Dredge Island
Expansion North, Central, Cox Bay and Shoreline Protection, Alcoa Bauxite
Impoundments, Alcoa Process Water Ponds, and Upland Confined Placement Areas.
Enhanced Recovery Projects - This disposal methodology involves the discharge
of dredge material in the open waters of Lavaca Bay southwest of Dredge Island.
Four discrete areas of high mercury concentrations have been identified. The
DMMP proposes to cap these areas. The caps will be approximately 2 feet thick
and will cover up to 450 acres of unvegetated, shallow water habitat within
Lavaca Bay. Berms will be constructed around the perimeter of the capped areas
to contain the material. This placement method will utilize 1,430,000 cubic
yards of dredge material. The capped areas will remain shallow water habitat
(-3 feet MLLW) following dredge material placement. Some oyster reefs may
be located within 500 feet of the Enhanced Recovery Projects. However, impacts
to the reefs will be minimized through the implementation of control measures
(i.e. containment berms). Dredge Island Marsh - The applicant proposes to
utilize up to 1,800,000 cubic yards of maintenance material and 650,000 cubic
yards of very stiff to hard material to accelerate the natural accretion of
Dredge Island. This material will be contained within submerged earthen berms.
The area will be constructed to an elevation conducive to the establishment
of marsh creation. The Dredge Island Marsh will replace 280 acres of shallow,
unvegetated bay bottom habitat with 260 acres of coastal marsh and 60 acres
of uplands. One oyster reef was identified within 500 feet of this area. The
reef will not be directly affected by the placement of dredge material at
Dredge Island. Dredge Island Expansion North and South - The applicant is
proposing to expand the northern and southern perimeters of Dredge Island.
These areas contain high concentrations of mercury. This disposal method will
involve the use of up to 3,770,000 cubic yards of dredge material and would
ultimately result in the conversion of 55 acres of open bay to uplands. No
oyster reefs were identified within 500 feet of the area. Central Cox Bay
and Shoreline Protection - The applicant is proposing to utilize new and maintenance
dredge material to create 341 acres of marsh habitat. An additional 94 acres
of upland habitat would also be created. The proposed marsh would extend from
the outfall of the Joslin Power Plant to the edge where Cox Bay meets Huisache
Cove. This effort is intended to restore the historic shoreline of Cox Bay.
Approximately 2,420,000 cubic yards of maintenance material, 1,260,000 cubic
yards of soft clay, and 1,440,000 cubic yards of hard to very stiff clay material
will be used to restore the shoreline and create marsh habitat. Alcoa Bauxite
Impoundments and Alcoa Process Water Ponds - The applicant is proposing to
utilize existing bauxite impoundments and process water ponds, owned and maintained
by Alcoa, for disposal of maintenance material over the long-term. Use of
these areas is contingent upon the operation of the Alcoa facility. The applicant
recognizes an excess of 650,000 cubic yards of maintenance material relative
to disposal areas available for use at the present time. However, the plan,
as described above, represents 29 years of capacity. CCC Project No.: 06-0261-F1;
Type of Application: U.S.A.C.E. permit application #23868 is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403)
and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Texas Railroad Commission
under §401 of the Clean Water Act.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Consistency Review Coordinator, 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-200604006
Trace Finley
Deputy Commissioner, General Land Office
Coastal Coordination Council
Filed: August 2, 2006
Notice of Contract Award
Pursuant to Chapters 403 and 2156, Texas Government Code, the Comptroller
of Public Accounts (Comptroller) announces the following contract awards:
The notice of request for proposals was published in the March 3, 2006,
issue of the
Texas Register
(31 TexReg 1496)
(RFP #175L).
The contractors will provide professional accounting services for the Texas
Prepaid Higher Education Tuition Board.
The contract was awarded to McConnell & Jones, LLP, 3040 Post Oak
Boulevard, Suite 1600, Houston, Texas 77056. The total amount of the contract
shall not exceed Thirty-Five Thousand Five Hundred and No/100 Dollars ($35,500.00).
The term of the contract is July 19, 2006 through August 31, 2007, with option
for 2 additional 1-year renewals.
TRD-200603958
Pamela Smith
Deputy General Counsel, Contracts
Comptroller of Public Accounts
Filed: July 28, 2006
Pursuant to Chapters 403 and 2156, Texas Government Code, the Comptroller
of Public Accounts (Comptroller) announces the following contract award:
The notice of request for proposals was published in the March 31, 2006,
issue of the
Texas Register
(31 TexReg 2897)
(RFP #175m).
The contractors will provide Large Capitalization Value Equity Investment
Management Services for the Texas Prepaid Higher Education Tuition Board.
The contract was awarded to Barrow, Hanley, Mewhinney & Strauss, Inc.,
2200 Ross Avenue, 31st Floor, Dallas, Texas 75201. The total amount of the
contract based on the fair market value of assets under management. The term
of the contract is July 11, 2006 through August 31, 2011, with option for
2 additional 1-year renewals.
TRD-200603959
Pamela Smith
Deputy General Counsel, Contracts
Comptroller of Public Accounts
Filed: July 28, 2006
Pursuant to Chapters 403 and 2156, Texas Government Code, the Comptroller
of Public Accounts (Comptroller) announces the following contract award:
The notice of request for proposals was published in the April 7, 2006
issue of the
Texas Register
at (31 TexReg
3076) (RFP #175o).
The contractors will provide International Value Equity Investment Management
Services for the Texas Prepaid Higher Education Tuition Board.
The contract was awarded to Mondrian Investment Partners Limited, 5th
Floor, 10 Gresham Street, London EC2V 7JD, United Kingdom. The total amount
of the contract is based on the fair market value of assets under management.
The term of the contract is July 25, 2006 through August 31, 2011, with option
for 2 additional 1-year renewals.
TRD-200603991
Pamela Smith
Deputy General Counsel, Contracts
Comptroller of Public Accounts
Filed: August 1, 2006
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 08/07/06 - 08/13/06 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 08/07/06 - 08/13/06 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200604002
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: August 2, 2006
Notice of Joint Prehearing Conference
(SOAH DOCKET NO. 477-06-2682 and 477-06-2683)
The Commission on State Emergency Communications ("CSEC") will render an
order on the applicability of Texas Health and Safety Code Annotated §771.0711
to all "wireless telecommunications connections" provided by wireless service
providers in Texas regardless of the methodology of service by which wireless
service is rendered (e.g. prepaid, postpaid, monthly or annual contracts).
The legal question has arisen in conjunction with a request for refund by
Tracfone Wireless before the Texas Comptroller of Public Accounts ("Comptroller").
Tracfone's request was abated for CSEC to issue a ruling pursuant to Texas
Attorney General Opinion (GA-0401). Virgin Mobile has also filed a similar
refund request before the Comptroller. CSEC has referred two dockets to the
State Office of Administrative Hearings ("SOAH") on this legal threshold issue.
A joint prehearing conference will be held before an Administrative Law
Judge with the State Office of Administrative Hearings on Tuesday, August
22, 2006, at 9:00 a.m., at the W.P. Clements Building, 4th floor, 300 West
15th Street, Austin, Texas. The purpose of the prehearing conference will
be to discuss and/or determine the following preliminary issues:
1. additional notice, if any, to be made in these dockets;
2. general procedural issues;
3. whether a decision on the legal issues and the applicability of the
statute is necessary prior to any factual findings;
4. the factual issues in dispute and need for an evidentiary hearing, if
any;
5. establishment of a briefing schedule and a hearing if necessary; and
6. the motions filed with the Judge at SOAH by August 17, 2006.
CSEC's ruling on the threshold legal issue and the applicability of the
statute to all "wireless telecommunications connections" will impact CSEC
and Comptroller enforcement regarding the remittance of current, past and
future wireless fees. Alternately, the ruling will also have an impact on
potential refunds for previously remitted amounts by wireless service providers.
Respectfully Submitted by: Paul Mallett, Executive Director, Commission
on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin,
Texas 78701-3942
Please direct all questions to CSEC Counsel of Record:
Rupaco T. Gonzalez, Jr.
The Gonzalez Law Firm, P.C.
8127 Mesa Drive, Ste B206, PMB #117
Austin, Texas 78759
(512) 921-7226 (voice)
(512) 241-0851 (fax)
gonzalezlawfirm@austin.rr.com
TRD-200603982
Paul Mallett
Executive Director
Commission on State Emergency Communications
Filed: July 28, 2006
Agreed Orders
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075.
Section 7.075 requires that before the commission may approve the AOs, the
commission shall allow the public an opportunity to submit written comments
on the proposed AOs. Section 7.075 requires that notice of the 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
September 11, 2006
. Section 7.075 also requires that the commission
promptly consider any written comments received and that the commission may
withdraw or withhold approval of an AO if a comment discloses facts or considerations
that indicate that consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the statutes and rules within the commission's jurisdiction
or the commission's orders and permits issued in accordance with the commission's
regulatory authority. Additional notice of changes to a proposed AO is not
required to be published if those changes are made in response to written
comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building 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 September 11, 2006
. 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 shall be submitted to the commission in
writing
.
(1) COMPANY: Advance Petroleum Distributing Company, Inc.; DOCKET NUMBER:
2006-0658-PST-E; IDENTIFIER: Regulated Entity Reference Number (RN) RN102485877;
LOCATION: Fort Worth and Crowley, Tarrant County, Texas; TYPE OF FACILITY:
fuel distributor; RULE VIOLATED: 30 TAC §115.221 and Texas Health and
Safety Code (THSC), §382.085(b), by failing to control displaced vapors
by a vapor control or a vapor balance system; and 30 TAC §115.224(1)
and THSC, §382.085(b), by failing to conduct inspections of liquid leaks,
visible vapors, or significant odors resulting from gasoline transfer; PENALTY:
$1,600; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Alcoa Inc.; DOCKET NUMBER: 2006-0279-AIR-E; IDENTIFIER: RN100221472;
LOCATION: Rockdale, Milam County, Texas; TYPE OF FACILITY: power plant; RULE
VIOLATED: 30 TAC §111.151(a) and §116.115(b)(2)(F) and (c), Air
Permit Numbers 48437, General Condition Numbers 8 and 56300, Special Condition
Number 1, and THSC, §382.085(b), by failing to comply with its allowable
particulate matter emission rate; PENALTY: $69,600; ENFORCEMENT COORDINATOR:
Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6801 Sanger Avenue, Suite
2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: Viney Kharbanda dba Berry East Cleaners; DOCKET NUMBER: 2006-0805-DCL-E;
IDENTIFIER: RN103957445; LOCATION: Fort Worth, Tarrant County, Texas; TYPE
OF FACILITY: drop station; RULE VIOLATED: 30 TAC §337.11(e) and THSC, §374.102,
by failing to renew its registration; PENALTY: $711; ENFORCEMENT COORDINATOR:
Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Border Steel, Inc.; DOCKET NUMBER: 2006-0140-AIR-E; IDENTIFIER:
RN100213941; LOCATION: Vinton, El Paso County, Texas; TYPE OF FACILITY: steel
works plant; RULE VIOLATED: 30 TAC §122.145(2)(C) and §122.146(2),
Federal Operating Permit Number O-01456 General Terms and Conditions, and
THSC, §382.085(b), by failing to submit the semiannual deviation reports
and annual compliance certifications; PENALTY: $6,420; ENFORCEMENT COORDINATOR:
Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 401 East Franklin Avenue, Suite
560, El Paso, Texas 79901-1206, (915) 834-4949.
(5) COMPANY: BP Products North America Inc.; DOCKET NUMBER: 2006-0099-AIR-E;
IDENTIFIER: RN102535077; LOCATION: Texas City, Galveston County, Texas; TYPE
OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.110(a) and
THSC, §382.085(b) and §382.0518(a), by allowing unauthorized emissions;
PENALTY: $10,000; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Orlando Cavazos dba Bryan Park Exxon; DOCKET NUMBER: 2006-0343-PST-E;
IDENTIFIER: RN101678605; LOCATION: Mission, Hidalgo County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.51(b)(2)(B) and Texas Water Code (the Code), §26.3475(c)(2),
by failing to have adequate spill containment equipment; 30 TAC §334.50(a)(1)(A)
and the Code, §26.3475(c)(1), by failing to have a method of release
detection capable of detecting a release; and 30 TAC §334.10(b), by failing
to have records regarding the underground storage tank (UST) system at the
facility readily available for inspection; PENALTY: $3,571; ENFORCEMENT COORDINATOR:
Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 1804 West Jefferson Avenue,
Harlingen, Texas 78550-5247, (956) 425-6010.
(7) COMPANY: Vien T. Le dba Classy Cleaners & Alterations; DOCKET NUMBER:
2006-0728-DCL-E; IDENTIFIER: RN104963111; LOCATION: Arlington, Tarrant County,
Texas; TYPE OF FACILITY: dry cleaning drop station; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102(a), by failing to complete and submit the required
registration form; PENALTY: $853; ENFORCEMENT COORDINATOR: Cheryl Thompson,
(817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(8) COMPANY: Kee Ja Rhee dba Colonial Park Cleaners; DOCKET NUMBER: 2006-0764-DCL-E;
IDENTIFIER: RN104028261; LOCATION: Arlington, Tarrant County, Texas; TYPE
OF FACILITY: dry cleaning facility; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102(a), by failing to complete and submit the required
registration form; PENALTY: $504; ENFORCEMENT COORDINATOR: Harvey Wilson,
(512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(9) COMPANY: Driftwood 323 Vineyard, Ltd.; DOCKET NUMBER: 2006-0367-EAQ-E;
IDENTIFIER: RN104873088; LOCATION: Driftwood, Hays County, Texas; TYPE OF
FACILITY: tract of land being developed for a single family housing subdivision;
RULE VIOLATED: 30 TAC §213.23(a), by failing to obtain approval of a
contributing zone plan prior to commencement of a regulated activity; PENALTY:
$1,800; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(10) COMPANY: John Pavlis dba Exxon RS 64935; DOCKET NUMBER: 2006-0691-PST-E;
IDENTIFIER: RN102652005; LOCATION: Baytown, Chambers County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.50(d)(4)(A)(i) and the Code, §26.3475(c)(1), by failing
to conduct inventory volume measurement for regulated substance inputs, withdrawals,
and the amount still remaining in the tank; and 30 TAC §334.48(c), by
failing to conduct effective manual or automatic inventory control procedures
for all USTs; PENALTY: $3,680; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512)
239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(11) COMPANY: Gentex Power Corporation; DOCKET NUMBER: 2006-0440-AIR-E;
IDENTIFIER: RN100723915; LOCATION: Bastrop, Bastrop County, Texas; TYPE OF
FACILITY: power plant; RULE VIOLATED: 30 TAC §122.145(2)(C) and THSC, §382.085(b),
by failing to submit a timely semiannual deviation report; PENALTY: $1,600;
ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 1921
Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(12) COMPANY: Hydro Conduit of Texas, LP; DOCKET NUMBER: 2005-1131-IWD-E;
IDENTIFIER: RN104578224; LOCATION: Roanoke, Denton County, Texas; TYPE OF
FACILITY: ready-mixed concrete; RULE VIOLATED: 30 TAC §305.125(1) and
(17), Texas Pollutant Discharge Elimination System (TPDES) General Permit
Number 110443, Outfalls 001A and 002A, Part III.A., Permit Requirements, Numeric
Effluent Limitations, Part III.C., Whole Effluent Toxicity Testing for Discharges,
and Part III.H., General Requirements No. 7(c), and the Code, §26.121(a),
by failing to comply with the permitted effluent limits for pH, oil and grease,
and total suspended solids (TSS), by failing to collect and submit discharge
monitoring report (DMR) parameter flow data, and by failing to collect and
submit DMRs for the toxicity monitoring period; and 30 TAC §21.4 and
the Code, §5.702, by failing to pay fees for consolidated water quality
and associated late fees; PENALTY: $10,240; ENFORCEMENT COORDINATOR: Brent
Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(13) COMPANY: City of Lawn; DOCKET NUMBER: 2006-0164-PWS-E; IDENTIFIER:
RN101406916; LOCATION: Lawn, Taylor County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(B), (e)(6)(A), and
(m), by failing to provide a chlorine residual of 0.5 milligrams per liter
(mg/L) in the distribution system, by failing to employ a licensed class "B"
or higher surface water operator and provide a licensed "C" operator during
operating hours, and by failing to maintain good maintenance and housekeeping
practices; 30 TAC §290.44(d)(1) and (h)(1)(A), by failing to provide
a minimum pressure of 35 pounds per square inch throughout the distribution
system and by failing to install backflow prevention assemblies or air gaps;
and 30 TAC §290.43(c)(6), by failing to have a water storage tank thoroughly
tight against leakage; PENALTY: $3,454; ENFORCEMENT COORDINATOR: Craig Fleming,
(512) 239-5806; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas
79602-7833, (915) 698-9674.
(14) COMPANY: Lucky Lady Oil Company; DOCKET NUMBER: 2006-0163-PST-E; IDENTIFIER:
RN104809553 and RN103939690; LOCATION: Valley View, Cooke County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial
assurance; and 30 TAC §334.22(a) and the Code, §5.702, by failing
to pay UST fees and associated late fees; PENALTY: $15,200; ENFORCEMENT COORDINATOR:
Marlin Bullard, (254) 751-0335; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(15) COMPANY: Chris Hanks dba Moss Lake Community Store; DOCKET NUMBER:
2006-0155-PWS-E; IDENTIFIER: RN101279982; LOCATION: Gainesville, Cooke County,
Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.46(d)(1)
and (d)(2)(A), (m)(1), and (n)(2), and §290.121(a), by failing to operate
the disinfection equipment to maintain a minimum free chlorine residual of
0.2 milligrams per liter throughout the distribution system, by failing to
conduct an annual inspection of the pressure tanks, and by failing to keep
on file and make available for commission review an up-to-date chemical and
microbiological monitoring plan and an up-to-date map of the distribution
system; 30 TAC §290.42(e)(5) and (l), by failing to provide a housed
and locked enclosure for the hypochlorinator solution containers and pumps
and by failing to keep on file and make available for commission review a
plant operations manual; 30 TAC §290.41(c)(1)(F) and (c)(3)(J) and (K),
by failing to keep on file and make available for commission review a sanitary
control easement and by failing to provide the well with a concrete sealing
block extending at least three feet from the exterior well casing; 30 TAC §290.45(c)(1)(A)(ii)
and THSC, §341.0315(c), by failing to provide a minimum pressure tank
capacity of ten gallons per connection with a minimum of 220 gallons; and
30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay the
public health service fee; PENALTY: $1,260; ENFORCEMENT COORDINATOR: Libby
Hogue, (512) 239-1165; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(16) COMPANY: Nexxus Homes, Inc.; DOCKET NUMBER: 2006-0672-WQ-E; IDENTIFIER:
RN104959168; LOCATION: Seagoville, Dallas County, Texas; TYPE OF FACILITY:
home construction; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of
Federal Regulations (CFR) §122.26(a)(1), by failing to obtain authorization
to discharge storm water associated with construction activities; PENALTY:
$1,200; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(17) COMPANY: Mrs. Frank (Ann) Vaughn dba Pete's Brake & Alignment;
DOCKET NUMBER: 2006-0510-PST-E; IDENTIFIER: RN104896436; LOCATION: Wichita
Falls, Wichita County, Texas; TYPE OF FACILITY: automotive repair; RULE VIOLATED:
30 TAC §334.50(b)(1)(A), by failing to provide release detection; and
30 TAC §334.49(a)(1), by failing to provide corrosion protection; PENALTY:
$3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL
OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(18) COMPANY: City of Pinehurst; DOCKET NUMBER: 2006-0479-MWD-E; IDENTIFIER:
RN100528918; LOCATION: Pinehurst, Orange County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit
Number 10597001, Effluent Limitations and Monitoring Requirements Numbers
1 and 2, and the Code, §26.121(a), by failing to comply with the permit
effluent limitations for five-day biochemical oxygen demand, TSS, flow, and
chlorine; PENALTY: $5,568; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(19) COMPANY: Jesus L. Huereca dba Quick Trip; DOCKET NUMBER: 2006-0207-PST-E;
IDENTIFIER: RN102491230; LOCATION: San Elizario, El Paso County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.7(d)(3), by failing to notify the agency of any change or
additional information regarding USTs; 30 TAC §334.50(a)(1)(A) and the
Code, §26.3475(c)(1), by failing to provide a method of release detection
capable of detecting a release; 30 TAC §334.49(a) and the Code, §26.3475(d),
by failing to provide proper corrosion protection; and 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; PENALTY:
$7,168; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL
OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915)
834-4949.
(20) COMPANY: R.M. Dealer-BJM, L.L.C. dba Red McCombs Toyota; DOCKET NUMBER:
2006-0773-EAQ-E; IDENTIFIER: RN104945928; LOCATION: San Antonio, Bexar County,
Texas; TYPE OF FACILITY: automobile sales; RULE VIOLATED: 30 TAC §213.4(a)(1),
by failing to obtain approval of an Edwards Aquifer protection plan; PENALTY:
$1,200; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE:
14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(21) COMPANY: Southwest Recycled Materials, LP; DOCKET NUMBER: 2006-0146-AIR-E;
IDENTIFIER: RN102537909; LOCATION: Forney, Kaufman County, Texas; TYPE OF
FACILITY: portable concrete crusher; RULE VIOLATED: 30 TAC §116.115(b)
and (c), New Source Review Air Permit Number 48523, Special Condition No.
7B, and General Condition Number 7, and THSC, §382.085(b), by failing
to maintain records at the site and by failing to request relocation or change
of location authorization and obtain written approval prior to moving; PENALTY:
$4,000; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(22) COMPANY: StanTrans, Inc.; DOCKET NUMBER: 2006-0449-AIR-E; IDENTIFIER:
RN100218767; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY:
special warehouse and storage; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a)
and (b), by allegedly having emitted into the atmosphere fumes of ethyl acrylate;
PENALTY: $5,360; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(23) COMPANY: Texas A&M University; DOCKET NUMBER: 2006-0296-AIR-E;
IDENTIFIER: RN100216274, RN102974839, RN102181302, RN102061165, and RN102077849;
LOCATION: College Station, Brazos County, Texas; TYPE OF FACILITY: university;
RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing
to timely submit the annual compliance certifications; PENALTY: $17,820; ENFORCEMENT
COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(24) COMPANY: Texas Aero Engine Services, L.L.C.; DOCKET NUMBER: 2006-0230-AIR-E;
IDENTIFIER: RN100216225; LOCATION: Fort Worth, Tarrant County, Texas; TYPE
OF FACILITY: aircraft engine rebuilding; RULE VIOLATED: 30 TAC §115.412(2)(F)(ii)
and THSC, §382.085(b), by failing to keep the cover on the vapor degreaser
closed; and 30 TAC §116.115(c), Permit by Rule §106.261 and §106.262,
Registration Number 52797, and THSC, §382.085(b), by exceeding the maximum
annual usage rates of aluminum and polyester resin; PENALTY: $3,840; ENFORCEMENT
COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(25) COMPANY: Texas Sludge Disposal, Inc.; DOCKET NUMBER: 2006-0500-MLM-E;
IDENTIFIER: RN103197638; LOCATION: San Patricio County, Texas; TYPE OF FACILITY:
compost processing; RULE VIOLATED: 30 TAC §§101.4, 111.201, and
332.45(5), Municipal Solid Waste Permit Number 2319, Section IV.A., General
Requirements, and THSC, §382.085(b), by failing to operate the plant
in a manner as to prevent the potential of nuisance conditions and fire hazards;
PENALTY: $2,180; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL
OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361)
825-3100.
(26) COMPANY: Kim Lerche dba The Looking Glass; DOCKET NUMBER: 2006-0808-DCL-E;
IDENTIFIER: RN104963921; LOCATION: Smithville, Bastrop County, Texas; TYPE
OF FACILITY: dry cleaner drop station; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102, by failing to complete and submit the required registration
form; PENALTY: $948; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321;
REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(27) COMPANY: TM Chemicals Limited Partnership; DOCKET NUMBER: 2006-0266-AIR-E;
IDENTIFIER: RN102844271; LOCATION: Deer Park, Harris County, Texas; TYPE OF
FACILITY: chemical plant; RULE VIOLATED: 30 TAC §§111.111(a)(4)(A)(ii),
115.412(1)(A), and 122.143(4), Operating Permit Number O-01603, Special Terms
and Conditions Numbers 3A(iii) and 10, and THSC, §382.085(b), by failing
to maintain records of quarterly visible emissions; and 30 TAC §122.145(2)
and THSC, §382.085(b), by failing to timely submit the semiannual deviation
report; PENALTY: $7,600; ENFORCEMENT COORDINATOR: J. Craig Fleming, (512)
239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(28) COMPANY: Town of Windom; DOCKET NUMBER: 2005-0501-MWD-E; IDENTIFIER:
TPDES Permit Number 10666001, RN103014619; LOCATION: Windom, Fannin County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1)
and (17), TPDES Permit Number 10666001, Effluent Limitations and Monitoring
Requirements Numbers 1 and 6, Monitoring and Reporting Requirements Number
1, and the Code, §26.121(a), by failing to comply with the effluent limitations
for TSS, dissolved oxygen, five-day biochemical oxygen demand, and by failing
to provide monitoring results at the intervals specified in the permit; PENALTY:
$5,778; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(29) COMPANY: Tin Trung Tran and Tuyet Thi Pham dba T P Cleaners; DOCKET
NUMBER: 2006-0619-DCL-E; IDENTIFIER: RN104957097; LOCATION: Angleton, Brazoria
County, Texas; TYPE OF FACILITY: drop station; RULE VIOLATED: 30 TAC §337.10(a)
and THSC, §374.102(a), by failing to complete and submit the required
registration form; PENALTY: $853; ENFORCEMENT COORDINATOR: Libby Hogue, (512)
239-1165; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(30) COMPANY: David Medina dba Whitis Dairy; DOCKET NUMBER: 2005-2028-AGR-E;
IDENTIFIER: RN102169059; LOCATION: Stephenville, Erath County, Texas; TYPE
OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.47(c)(l), (e)(6), (f)(11),
(h)(1)(A), and (i), by failing to locate, construct, and manage the control
facility in a manner that will protect surface and groundwater quality, by
failing to maintain a permanent pond marker in the retention control structure,
by failing to conduct an annual analysis of at least one representative sample
of irrigation wastewater and manure/litter for total nitrogen, total phosphorus,
and total potassium, by failing to cease applying waste or wastewater to the
land management unit, and by failing to maintain on site all required records;
PENALTY: $5,460; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(31) COMPANY: W L & L:, Inc. dba Capitol Cleaners; DOCKET NUMBER: 2006-0819-DCL-E;
IDENTIFIER: RN103956884; LOCATION: Pflugerville, Travis County, Texas; TYPE
OF FACILITY: dry cleaning drop station; RULE VIOLATED: 30 TAC §337.11(e)
and THSC, §374.102, by failing to complete and submit the required registration
form; PENALTY: $948; ENFORCEMENT COORDINATOR: Steven Mahr, (512) 239-6017;
REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336,
(512) 339-2929.
(32) COMPANY: Wood George & Co., Inc. dba Woodco USA; DOCKET NUMBER:
2006-0617-IHW-E; IDENTIFIER: RN100591494; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: commercial industrial facility which involves the
production of petroleum drilling equipment; RULE VIOLATED: 30 TAC §335.69(f)(4)
and 40 CFR §265.37(a)(1), by failing to make the required arrangements
with local authorities; 30 TAC §335.513(a), by failing to maintain documentation
of hazardous waste determination on a waste stream; 30 TAC §335.474(2),
by failing to have a pollution prevention plan with annual executive summaries;
and 30 TAC §335.6(c) and (h), by failing to update the notice of registration
and submit notification to the TCEQ of the types of hazardous waste recycled
at the facility and the method of storage prior to recycling; PENALTY: $2,688;
ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200603990
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 1, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Default
Orders (DOs). The commission staff proposes a DO when the staff has sent an
executive director's preliminary report and petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance; and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the commission, in accordance with
Texas Water Code (TWC), §7.075 this notice of the proposed order and
the opportunity to comment is published in the
Texas
Register
no later than the 30th day before the date on which the public
comment period closes, which in this case is
September
11, 2006
. The commission will consider any written comments received
and the commission may withdraw or withhold approval of a DO if a comment
discloses facts or considerations that indicate that consent to the proposed
DO is inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the commission's jurisdiction, or the commission's
orders and permits issued in accordance with the commission's regulatory authority.
Additional notice of changes to a proposed DO is not required to be published
if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Written comments about the DO should be sent to
the attorney designated for the DO at the commission's central office at P.O.
Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on September 11, 2006
. Comments may also be sent
by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys
are available to discuss the DOs and/or the comment procedure at the listed
phone numbers; however, comments on the DOs shall be submitted to the commission
in
writing
.
(1) COMPANY: Brownsville Val-Marts, L.L.C. dba Pronto 9; DOCKET NUMBER:
2005-1679-PST-E; TCEQ ID NUMBER: RN102465838; LOCATION: 1681 Los Ebanos, Brownsville,
Cameron County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to
demonstrate financial responsibility for taking corrective action and for
compensating third parties for bodily injury and property damage caused by
accidental releases arising from the operation of petroleum underground storage
tanks (USTs); PENALTY: $2,100; STAFF ATTORNEY: Robert Mosley, Litigation Division,
MC 175, (512) 239-0627; REGIONAL OFFICE: Harlingen Regional Office, 1804 West
Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(2) COMPANY: Claude Conner dba Conner Texaco Service Station; DOCKET NUMBER:
2004-0885-PST-E; TCEQ ID NUMBERS: 40735 and RN101722809; LOCATION: 1220 Fannin
Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: real property;
RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove
from service, no later than 60 days after the prescribed upgrade implementation
date, an existing UST system for which any applicable component of the system
was not brought into timely compliance with the upgrade requirements; 30 TAC §334.49(a)
and Texas Water Code (TWC), §26.3475(c)(1), by failing to provide corrosion
protection for his UST system; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1),
by failing to monitor the USTs for releases at least once per month (not to
exceed 35 days between each monitoring); 30 TAC §37.815(a) and (b), by
failing to demonstrate acceptable financial assurance for taking corrective
action and for compensating third parties for bodily injury and property damage
caused by accidental releases arising from the operation of the petroleum
UST at the facility; 30 TAC §334.22(a) and TWC, §5.702, by failing
to pay outstanding UST fees including penalties and interest; PENALTY: $9,450;
STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927;
REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(3) COMPANY: Elton W. Thompson dba Peterson Place Subdivision Water System;
DOCKET NUMBER: 2004-0320-PWS-E; TCEQ ID NUMBER: RN101199339; LOCATION: 2732
County Road 603, Dayton, Liberty County, Texas; TYPE OF FACILITY: owns and
operates, for compensation, equipment and facilities, for the transmission,
storage, distribution, sale, or provision of potable water to the public;
RULES VIOLATED: 30 TAC §290.45(b)(1)(A)(I) and Texas Health and Safety
Code (THSC), §341.0315(c), by failing to meet the TCEQ Minimum Water
System Capacity Requirements of a well capacity of 1.5 gallons per minute
production; 30 TAC §291.101(a) and TWC, §13.242(a), by failing to
obtain from the TCEQ a certificate of public convenience and necessity; 30
TAC §290.109(c)(2) and §290.122 and THSC, §341.033(d), by failing
to collect bacteriological samples and provide public notice of the violations;
30 TAC §290.46(m), by failing to ensure that the maintenance and housekeeping
practices used by the facility ensured the good working condition of the facility
equipment; 30 TAC §290.44(d)(4), by failing to provide accurate metering
devices at each service connection to provide water usage data; 30 TAC §290.45(b)(1)(A)(iii)
and THSC, §341.0315(c), by failing to meet the TCEQ's Minimum Water System
Capacity Requirements of a pressure tank capacity of 50 gallons per connection;
PENALTY: $8,327; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175,
(512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: George W. Jackson dba Fort Jackson Mobile Estates; DOCKET
NUMBER: 2006-0289-PWS-E; TCEQ ID NUMBER: RN102698545; LOCATION: 116th South
University, Lubbock, Lubbock County, Texas; TYPE OF FACILITY: public water
system; RULES VIOLATED: 30 TAC §290.106(f)(3) and THSC, §341.0315(c),
by failing to comply with the maximum contaminant level of 4.0 milligrams
per liter for fluoride; 30 TAC §290.51(a)(3) and TWC, §5.702, by
failing to pay public health service fees; PENALTY: $318; STAFF ATTORNEY:
Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE:
Lubbock Regional Office, 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520,
(806) 796-7092.
(5) COMPANY: John Balstad; DOCKET NUMBER: 2005-0730-LII-E; TCEQ ID NUMBER:
RN103660353; LOCATION: 5300 and 5304 Maple Court, Flower Mound, Dallas County,
Texas; TYPE OF FACILITY: landscape irrigator; RULES VIOLATED: 30 TAC §344.58(c),
by authorizing or allowing someone else to use his license to act as a licensed
irrigator on the installation of irrigation systems; 30 TAC §344.70,
by failing to comply with reasonable inspection requirements, ordinances,
or regulations designed to protect the water supply which relates to work
performed or to be performed within a local political subdivision's territory;
30 TAC §344.96, by failing to honor written statements of guarantee for
materials and labor furnished in the installation of the irrigation systems
installed at the sites under the authority of Mr. Balstad's Irrigator License;
PENALTY: $2,250; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175,
(512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Larry D. Lindsey dba Absolutely Foreign Auto Parts; DOCKET
NUMBER: 2005-1102-WQ-E; TCEQ ID NUMBER: RN102955630; LOCATION: 10418 Mykawa
Road, Houston, Harris County, Texas; TYPE OF FACILITY: auto salvage yard;
RULES VIOLATED: 30 TAC §281.25(a)(4), Texas Pollutant Discharge Elimination
System (TPDES) General Permit No. TXR050000 Part III., Section A.2., and 40
Code of Federal Regulations (CFR) §122.26(c), by failing to update the
storm water pollution prevention plan team member list; 30 TAC §281.25(a)(4),
TPDES General Permit No. TXR050000 Part III., Section A.3.(c), and 40 CFR §122.26(c),
by failing to conduct a non-storm water investigation within 90 days of filing
a notice of intent for permit coverage; 30 TAC §281.25(a)(4), TPDES General
Permit No. TXR050000, Part III., Section A.5.(f), and 40 CFR §122.26(c),
by failing to conduct annual employee training from 2001 - 2004; 30 TAC §281.25(a)(4),
TPDES General Permit No. TXR050000, Part III., Section A.4.(b), and 40 CFR §122.26(c),
by failing to adequately develop a narrative description of all activities
that could potentially be expected to contribute pollutants to storm water;
30 TAC §281.25(a)(4), TPDES General Permit No. TXR050000, Part III.,
Section A.4.(c)(11), and 40 CFR §122.26(c), by failing to record a significant
spill on the site map; 30 TAC §281.25(a)(4), TPDES General Permit No.
TXR050000, Part III., Section A.5.(g), and 40 CFR §122.26(c), by failing
to conduct and document quarterly site inspections from January - March 2005,
and in all four quarters of 2003 and 2004; 30 TAC §281.25(a)(4), TPDES
General Permit No. TXR050000, Part III., Section A.5.(h), and 40 CFR §122.26(c),
by failing to conduct and document quarterly visual monitoring of the storm
water outfall from January - March 2005, and in all four quarters of 2003
and 2004; TWC, §26.121(a), and TPDES General Permit No. TXR050000, Part
V., Section M.3, by failing to dispose of fluids in accordance with all applicable
state and federal regulations; 30 TAC §281.25(a)(4), TPDES General Permit
No. TXR050000, Part III., Section A.7.(b), and 40 CFR §122.26(c), by
failing to conduct the annual comprehensive site evaluation from 2001-2004;
30 TAC §281.25(a)(4) and TPDES General Permit No. TXR050000, Part III.,
Section D.1.(c) and 2.(c), and 40 CFR §122.26(c), by failing to conduct
the annual Hazardous Metals Monitoring from 2002 - 2004; 30 TAC §281.25(a)(4)
and TPDES General Permit No. TXR050000, Part V., Section M.3., and 40 CFR §122.26(c),
by failing to conduct and document quarterly inspection of vehicles that are
stored containing fluids from January - March 2005, and in all four quarters
of 2002 - 2004; 30 TAC §281.25(a)(4) and TPDES General Permit No. TXR050000,
Part V., Section M.4., and 40 CFR §122.26(c), by failing to conduct the
quarterly benchmark samples for total suspended solids, iron, lead, and aluminum
at the storm water outfall in all four quarters of 2003 and 2004; PENALTY:
$37,380; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Mack Pool dba A&P Water Company; DOCKET NUMBER: 2005-0962-MLM-E;
TCEQ ID NUMBER: RN102918794; LOCATION: 3397 United States Highway 259 South,
Henderson, Rusk County, Texas; TYPE OF FACILITY: operates equipment and facilities
for the transmission, storage, distribution, sale, or provision of potable
water to the public; RULES VIOLATED: 30 TAC §290.46(i), by failing to
adopt an adequate plumbing ordinance, regulations, or service agreement, with
provisions for proper enforcement, to prevent cross-connections and other
unacceptable plumbing practices; 30 TAC §290.46(j), by failing to complete
a customer service inspection certificate prior to providing continuous water
service to new construction; 30 TAC §290.46(e)(3)(A) and THSC, §341.033(a),
by failing to ensure that the System, which serves fewer than 250 connections
and uses purchased treated water, was at all times operated under the direct
supervision of a water works operator who held an applicable, valid "Class
D" (or higher) license issued by the executive director; 30 TAC §§290.46
and (n)(2), 209.109(c)(1), and 290.121, by failing to maintain: a record of
water works operation and maintenance activities, an accurate and up-to-date
map of the distribution system (so that valves and mains can be easily located
during emergencies), a system monitoring plan, and an up-to-date chemical
and microbiological monitoring plan, and by failing to submit periodic operating
reports which report: the amount of chemicals used; the volume of water treated;
the date, location, and nature of water quality; pressure or outage complaints
received and the results of any subsequent complaint investigation; the dates
that dead-end mains were flushed; the dates that storage tanks and other facilities
were cleaned; the maintenance records for water system equipment and facilities;
and a daily record or a monthly summary of the work performed and the number
of hours worked by each of the part-time operators used to meet the requirements
of 30 TAC §290.46(e); 30 TAC §290.46(m)(1)(A), by failing to ensure
that each of the system's ground tanks were inspected at least annually by
water system personnel or a contracted inspection service to determine whether:
the vents were in place and properly screened; the roof hatches closed and
locked; flap valves and gasketing provided adequate protection against insects,
rodents, and other vermin; the interior and exterior coating systems were
continuing to provide adequate protection to all metal surfaces; and the tank
remained in a watertight condition; 30 TAC §290.43(d)(3) and §290.46(m)(1)(B),
by failing to ensure that each of the system's pressure tanks were inspected
at least annually by water system personnel or a contracted inspection service
to determine whether: the pressure release device and pressure gauge were
working properly, the air-water ratio was being maintained at the proper level,
the exterior coating systems were continuing to provide adequate protection
to all metal surfaces, and the tank remained in watertight condition, and
by failing to provide facilities for maintaining the air-water-volume at the
design water level and working pressure with air injection lines equipped
with filters or other devices to prevent compressor lubricants and other contaminants
from entering the pressure tank; 30 TAC §290.109(c)(2)(A)(iii) and THSC, §341.033(d),
by failing to, at least one time per month, collect and submit routine bacteriological
samples for bacteriological analysis, taken from the public water supply;
30 TAC §288.20, by failing to have a drought contingency plan for the
System; 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A), by failing
to collect and submit routine bacteriological samples for the months of July
- November of 2005, and by failing to provide public notice of the monitoring
violations; PENALTY: $6,600; STAFF ATTORNEY: Lena Roberts, Litigation Division,
MC 175, (512) 239-0019; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague
Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(8) COMPANY: Sentinel Waste, LLC; DOCKET NUMBER: 2005-0040-MSW-E; TCEQ
ID NUMBER: RN104009501; LOCATION: 9225 Highway 183 South, Austin, Travis County,
Texas; TYPE OF FACILITY: facility involving the management and disposal of
municipal solid waste; RULES VIOLATED: 30 TAC §330.4(a), by failing to
obtain proper authorization from TCEQ for the operation of a Type V processing
facility; PENALTY: $11,550; STAFF ATTORNEY: Shawn Slack, Litigation Division,
MC 175, (512) 239-0063; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar
Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(9) COMPANY: Terry L. Smith dba Triple B Bumper MFG; DOCKET NUMBER: 2004-0883-IHW-E;
TCEQ ID NUMBER: RN101622043; LOCATION: 312 West Mitchum Street, Malakoff,
Henderson County, Texas; TYPE OF FACILITY: automotive bumper manufacturing
and refurbishing shop; RULES VIOLATED: 30 TAC §335.4 and TWC, §26.121,
by failing to prevent an unauthorized discharge of industrial solid waste;
30 TAC §335.62 and 40 CFR §262.11, by failing to complete hazardous
waste determinations on all wastes generated at the Facility; 30 TAC §335.6(a),
by failing to notify the executive director that storage, processing, or disposal
activities were planned at least 90 days prior to engaging in such activities;
30 TAC §335.69(f)(5)(C), by failing to ensure that all employees were
thoroughly familiar with proper waste handling and emergency procedures relevant
to their responsibilities during normal facility operations and emergencies;
30 TAC §335.69(f)(2) and (f)(4) and 40 CFR §262.34(a)(2) and §262.173(a),
by failing to label two hazardous waste containers stored at the facility
as required under commission rules and the CFR and by failing to maintain
hazardous waste containers in good condition and properly closed during storage;
30 TAC §335.69(h), failing to comply with the 180-day accumulation time
limit for a small quantity generator; PENALTY: $11,160; STAFF ATTORNEY: James
Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Tyler
Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(10) COMPANY: Trinh Le dba Fas Stop Food Mart; DOCKET NUMBER: 2005-1550-PST-E;
TCEQ ID NUMBER: RN102269131; LOCATION: 4030 Vance Jackson Road, San Antonio,
Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1),
by failing to monitor the UST for releases at a frequency of at least once
every month (not to exceed 35 days between each monitoring); 30 TAC §334.50(b)(2)(A)(i)(II)
and TWC, §26.3475(a), by failing to have the line leak detectors tested
at least once per year for performance and operational reliability; 30 TAC §334.50(b)(2)(B)
and TWC, §26.3475(a), by failing to monitor pressurized piping associated
with the UST system in a manner designed to detect releases from any portion
of the piping system; 30 TAC §334.10(b), by failing to make available
legible copies of all required records for inspection upon request by agency
personnel; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible
tag, label, or marking with the tank number is permanently applied upon or
affixed to either the top of the fill tube or to a nonremovable point in the
immediate area of the fill tube according to the UST registration and self-certification
form; PENALTY: $4,725; STAFF ATTORNEY: Deanna Sigman, Litigation Division,
MC 175, (512) 239-0619; REGIONAL OFFICE: San Antonio Regional Office, 14250
Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(11) COMPANY: Uppal Bros., Inc. dba Save Way Food Mart; DOCKET NUMBER:
2003-1165-PST-E; TCEQ ID NUMBER: RN102035367; LOCATION: 6620 Brentwood Stair
Road, Forth Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a) and
TWC, §26.3475(d), by failing to install a method of corrosion protection
for the UST systems; 30 TAC §37.815(a) and (b), by failing to demonstrate
acceptable financial assurance for taking corrective action and for compensating
third parties for bodily injury and property damage caused by accidental releases
arising from the operation of petroleum USTs on or about January 28, 2003;
30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii), and TWC, §26.3475(c)(1),
by failing to monitor USTs for releases at a frequency of at least once every
month (not to exceed 35 days between each monitoring); 30 TAC §334.48(c),
by failing to conduct effective manual or automatic inventory control procedures
for the UST systems; 30 TAC § 334.8(c)(5)(C), by failing to ensure that
a legible tag, label, or marking with the tank number was permanently applied
upon or affixed to either the top of the fill tube or to a nonremovable point
in the immediate area of the fill tube according to the UST registration and
self-certification form; 30 TAC §334.8(c)(4)(A)(vii) and (c)(5)(B)(ii),
and TWC, §26.346(c)(3), by failing to timely renew the delivery certificate
by submitting a properly completed UST registration and self-certification
form at least 30 days before the expiration date of the delivery certificate;
30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make
available to a common carrier a valid, current TCEQ delivery certificate before
accepting delivery of a regulated substance into the USTs; Default Order Docket
No. 2002-0860-PST-E, by failing to pay $1,264 of the administrative penalty
assessed by Default Order Docket No. 2002-0860-PST-E, effective April 5, 2004;
PENALTY: $35,100; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175,
(512) 239-0063; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200603989
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 1, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
September 11, 2006
. Section
7.075 also requires that the commission promptly consider any written comments
received and that the commission may withdraw or withhold approval of an AO
if a comment discloses facts or considerations that indicate that consent
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the commission's jurisdiction or the commission's
orders and permits issued in accordance with the commission's regulatory authority.
Additional notice of changes to a proposed AO is not required to be published
if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building A,
3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
attorney designated for the AO at the commission's central office at P.O.
Box 13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on September 11, 2006
. Comments may also be sent
by facsimile machine to the attorney at (512) 239-3434. The designated attorney
is available to discuss the AO and/or the comment procedure at the listed
phone number; however, §7.075 provides that comments on an AO shall be
submitted to the commission in
writing
.
(1) COMPANY: City of Coleman; DOCKET NUMBER: 2003-0347-MLM-E; TCEQ ID NUMBERS:
0003-M, RN102521994, 0420001, and RN102424645; LOCATION: 201 North Colorado
Street, Coleman, Coleman County, Texas; TYPE OF FACILITY: electric generation
power plant; RULES VIOLATED: 30 TAC §122.146(2); Federal Operating Permit
No. O-00102, Provision (b)(2), and Texas Health and Safety Code (THSC), §382.085(b),
by failing to submit annual Title V Permit compliance certification no later
than 30 days after the end of the certification period; 30 TAC §122.504(a)(4)(A);
Federal Operating Permit No. O-00102, Provision (b)(3), and THSC, §382.085(b),
by failing to submit an updated General Operating Permit (GOP) application
no later than 45 days after the issuance of the revised GOP; 30 TAC §290.42(d)(9)(A),
by failing to operate parallel treatment facilities for flocculation; 30 TAC §290.46(m)(1)(A),
by failing to maintain the exterior coating systems to adequately protect
the metal surfaces of the 0.500 million gallon and 0.200 million gallon ground
storage tanks; 30 TAC §290.113(b)(1), and THSC, §341.0315(c), by
exceeding the Maximum Contaminant Level (MCL) based on a running annual average
for total trihalomethanes during the second quarter of 2004; PENALTY: $9,115;
STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914;
REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene,
Texas 79602-7833, (325) 698-9674.
(2) COMPANY: Derdeyn/Ford, Inc.; DOCKET NUMBER: 2003-0413-MWD-E; TCEQ ID
NUMBERS: 11260-001 and RN102080777; LOCATION: 509 Tejas Road, Jefferson, Marion
County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED:
30 TAC §305.125(5), Texas Water Code (TWC), §26.121(a), and Texas
Pollutant Discharge Elimination System (TPDES) Permit No. 11260-001, Final
Effluent Limitation and Monitoring Requirements Nos. 1 and 2, and Operational
Requirements (1) and (4), by failing to have a chlorine residual of at least
1.0 milligram per liter (mg/l) at Outfall 001 for the month of April 2003,
(the value recorded was 0.0 mg/l), by failing to comply with the permitted
discharge limitations as shown in the Effluent Limit Violation Table, and
by failing to properly operate and maintain the facility and systems of treatment,
collection, disposal, and control, at all times; 30 TAC §319.1 and §305.125(1),
and TPDES Permit No. 11260-001, Monitoring and Reporting Requirements No.
1, by failing to report monthly effluent monitoring results, by failing to
submit Discharge Monitoring Reports (DMRs) as required for the months of September
2001 and March 2003, and by failing to submit monthly DMRs by the 20th day
of each month to the TCEQ for the months from July 2001 to February 2003;
30 TAC §305.125(1) and TPDES Permit No. 11260-001, Monitoring and Reporting
Requirements No. 7, by failing to report effluent violations which deviated
from the permitted effluent limitation by more than 40% for the months of
April, May, and October 2002, and February, March, April, and August, 2003,
to the TCEQ; 30 TAC §§30.350(i), 30.331(b), and 305.125(1) and TPDES
Permit No. 11260-001, Other Requirements No. 1, by failing to ensure that
the facility was operated by a licensed wastewater operator; TWC, §26.121(a)
and TPDES Permit No. 11260-001, Final Effluent Limitations and Monitoring
Requirements No. 1, by failing to comply with the permitted discharge limitations
at Outfall 001 of flow in conduit or through treatment plant of 0.002 million
gallons per day for August, 2003; PENALTY: $41,933; STAFF ATTORNEY: Alfred
Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Tyler
Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535- 5100.
(3) COMPANY: Ellinger Sewer and Water Supply Corporation; DOCKET NUMBER:
2005-0548-MWD-E; TCEQ ID NUMBER: RN101529022; LOCATION: 1,400 feet north of
State Highway 71 and 1,900 feet northwest of Farm-to-Market Road 2503, near
Ellinger, Fayette County, Texas; TYPE OF FACILITY: wastewater treatment plant;
RULES VIOLATED: TPDES Permit No. 10945-001 Effluent Limitations and Monitoring
Requirements Nos. 1 and 6, 30 TAC §305.125(1), and TWC, §26.121(a),
by failing to comply with effluent limitations; TPDES Permit No. 10945-001
Sludge Provisions, Section II.F. Reporting Requirements and 30 TAC §305.125(1),
by failing to submit annual DMRs for sewage sludge data by September 1, 2004,
for the time period of August 1, 2003 - July 31, 2004; PENALTY: $11,750; STAFF
ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL
OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin,
Texas 78758-5336, (512) 339-2929.
(4) COMPANY: Erik Howard dba Howard Ranch Subdivision; DOCKET NUMBER: 2005-1244-EAQ-E;
TCEQ ID NUMBER: RN104608732; LOCATION: on the contributing zone of the Edwards
Aquifer at the intersection of Ranch-to-Market Road 12 and Farm-to-Market
Road 150, Hays County, Texas; TYPE OF FACILITY: subdivision; RULES VIOLATED:
30 TAC §213.21(d), by failing to submit and receive approval of a contributing
zone plan prior to initiating construction over the Edwards Aquifer Contributing
Zone; PENALTY: $36,000; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division,
MC R-12, (713) 422-8914; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar
Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(5) COMPANY: Flynn WSC; DOCKET NUMBER: 2004-1929-PWS-E; TCEQ ID NUMBER:
RN101240844; LOCATION: near the intersection of Farm-to-Market Road 39 and
Farm-to-Market Road 977, Leon County, Texas; TYPE OF FACILITY: public water
supply system; RULES VIOLATED: 30 TAC §290.45(f) and THSC, §341.0315(c),
by failing to provide a required purchased water contract; 30 TAC §290.45(b)(1)(C)(iii)
and THSC, §341.0315(c), by failing to provide the required two or more
service pumps having a total capacity of 2.0 gallons per minute per connection;
30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to
provide either an elevated storage capacity of 100 gallons per connection
or the required pressure tank capacity of 20 gallons per connection; 30 TAC §290.41(c)(3)(B),
by failing to provide a well casing of the required 18 inches above the ground
surface; PENALTY: $1,047; STAFF ATTORNEY: Shawn Slack, Litigation Division,
MC 175, (512) 239-0063; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger
Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(6) COMPANY: Hector Silva dba Chaparral Mini Mart and Petra Silva dba Chaparral
Mini Mart; DOCKET NUMBER: 2004-1776-PST-E; TCEQ ID NUMBER: RN101737773; LOCATION:
604 West Comal Street, Pearsall, Frio County, Texas; TYPE OF FACILITY: convenience
store which had retail sales of gasoline; RULES VIOLATED: 30 TAC §334.6,
by failing to comply with underground storage tank (UST) construction notification
requirements; 30 TAC §334.55(b), by failing to comply with permanent
removal from service requirements for USTs, including a determination of whether
any prior releases of a stored regulated substance had occurred before the
attempted removal of the two UST systems; 30 TAC §334.47(a)(2), by failing
to permanently remove from service any UST system that was not brought into
timely compliance with upgrade requirements no later than sixty days after
the prescribed implementation date; PENALTY: $6,300; STAFF ATTORNEY: Kari
Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: San
Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(7) COMPANY: Jay Leslie, Inc. dba Marks Crane & Rigging Co.; DOCKET
NUMBER: 2005-1794-UIC-E; TCEQ ID NUMBER: RN102868999; LOCATION: 6501 East
Interstate 20, Odessa, Ector County, Texas; TYPE OF FACILITY: industrial rental
facility; RULES VIOLATED: 30 TAC §331.5(a) and TWC, §27.011, by
failing to obtain a permit or authorization from the commission prior to the
use or operation of an injection well, which caused or allowed the movement
of fluid that could result in the pollution of an underground source of drinking
water; PENALTY: $2,250; STAFF ATTORNEY: Lena Roberts, Litigation Division,
MC 175, (512) 239-0019; REGIONAL OFFICE: Midland Regional Office, 3300 North
A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(8) COMPANY: Jose Garcia dba Neighborhood Trucks & Auto Repair; DOCKET
NUMBER: 2004-1998-AIR-E; TCEQ ID NUMBER: RN103009098; LOCATION: 7900 Mendez
Street, Houston, Harris County, Texas; TYPE OF FACILITY: automotive repair
business; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b)
and §382.0518(a), by failing to obtain a permit prior to constructing
and operating a facility with surface coating operations and by failing to
satisfy the conditions for exempt facilities; 30 TAC §115.422(1)(A) and
THSC, §382.085(b), by failing to wash, rinse, and drain parts used in
surface coating operations in an enclosed system or in a non-enclosed system
with a solvent vapor pressure less than 100 millimeters of mercury at 68 degrees
Fahrenheit and a drain leading to an enclosed reservoir; 30 TAC §115.421(a)(8)(B)(i),
(iv), and (ix), and THSC, §382.085(b), by failing to comply with the
volatile organic compound emission limits for primer, single state topcoats,
and wipe-down solutions used in vehicle refinishing; 30 TAC §115.426(1)(B)
and THSC, §382.085(b), by failing to maintain records of the quantity
and type of each coating and solvent used at the site; PENALTY: $9,240; STAFF
ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL
OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(9) COMPANY: Mardoche Abdelhak dba Big Trees Trailer City; DOCKET NUMBER:
2005-0752-PWS-E; TCEQ ID NUMBERS: 0150131 and RN101652048; LOCATION: San Antonio,
Bexar County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED:
30 TAC §290.109(f)(3) and §290.122(b)(2)(A) and THSC, §341.031(a),
by exceeding the non-acute MCL for total coliform bacteria and by failing
to provide public notice of the violations; 30 TAC §290.109(c)(3)(A)(ii),
by failing to conduct repeat monitoring in February 2003, after a routine
sample was found to contain coliform organisms; 30 TAC §290.109(c)(2)(F)
and §290.122(c)(2)(A), by failing to collect at least five routine samples
during the month following a total coliform positive sample and to notify
persons served by the system; PENALTY: $3,133; STAFF ATTORNEY: Xavier Guerra,
Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: San Antonio
Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(10) COMPANY: Shaheen International, Inc. dba Fisco; DOCKET NUMBER: 2005-0131-PST-E;
TCEQ ID NUMBER: RN101447126; LOCATION: 4015 Eastex Freeway, Beaumont, Jefferson
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.10(b), by failing to keep on file and make
available for commission review a site plan showing that the location of the
observation well is within the pit area; 30 TAC §115.246(7)(A) and THSC, §382.085(b),
by failing to keep on file and make available for commission review the correct
California Air Resources Board (CARB) executive order for the station and
Stage II employee training records; 30 TAC §334.8(c)(5)(C), by failing
to permanently tag or label each UST fill tube at the station with the number
used to identify the tank on the registration and self-certification form
filed with the commission; 30 TAC §334.50(b)(2)(A)(i)(III) and (b)(2)(A)(ii)(I),
and TWC, §26.3475(a), by failing to perform an annual performance test
on the existing line leak detectors and by failing to test the piping once
per year by means of a piping tightness test or monitor the piping for releases
at least once every month (not to exceed 35 days between each monitoring);
30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor
tanks in a manner which will detect a release at a frequency of at least once
every month (not to exceed 35 days between each monitoring); 30 TAC §334.50(d)(1)(B)(ii),
by failing to conduct inventory control and reconcile inventory control records
monthly in a manner sufficiently accurate to detect a release which equals
or exceeds the sum of 1% of flow-through plus 130 gallons; 30 TAC §115.242(9)
and THSC, §382.085(b), by failing to post operating instructions conspicuously
on the front of each dispenser equipped with Stage II Vapor Recovery System;
30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain
all components of the Stage II Vapor Recovery System in proper operating condition
and free of defects that would impair the effectiveness of the system in accordance
with the CARB order; 30 TAC §115.245(2) and THSC, §382.085(b), by
failing to conduct a pressure decay test during the twelve-month period preceding
the investigation; PENALTY: $21,375; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation
Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional Office,
3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(11) COMPANY: South-Tex Concrete, Inc.; DOCKET NUMBER: 2005-1967-AIR-E;
TCEQ ID NUMBER: RN102764867; LOCATION: 2662 West Indiana, Brownsville, Cameron
County, Texas; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30
TAC §116.115(c) and §116.116(b)(1)(C); TCEQ Air Permit No. 8371,
Special Condition No. 1; and THSC, §382.085(b), by failing to comply
with the permitted maximum annual concrete production limit of 15,000 cubic
yards per year by producing 67,346.25 cubic yards in 2003, 79,474.50 cubic
yards in 2004, and 53,064.75 cubic yards as of August 2005; 30 TAC §116.115(c);
TCEQ Air Permit No. 8371, Special Condition No. 2.A; and THSC, §382.085(b),
by failing to ensure that all in-plant roads are paved; 30 TAC §116.115(c);
TCEQ Air Permit No. 8371, Special Condition No. 2.C; and THSC, §382.085(b),
by failing to provide a mechanism in the cement silo to warn operators that
the silo was full so that it did not become overloaded at any time; 30 TAC §116.115(b)(2)(E);
TCEQ Air Permit No. 8371, Special Condition No. 2.B; and THSC, §382.085(b),
by failing to maintain records to demonstrate compliance with permit requirements;
PENALTY: $10,500; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175,
(512) 239-0627; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson
Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
TRD-200603988
Mary Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 1, 2006
Notice of Public Hearing on Proposed Medicaid Payment Rates
Hearing. The Texas Health and Human Services Commission will conduct a
public hearing to receive public comment on the proposed Reimbursement Rate
for Medicaid Mental Health Rehabilitative Services Skills Training and Development
- Group - Child/Adolescents. The proposed payment rate will be effective September
1, 2006. The proposed payment rate was developed pursuant to the adopted reimbursement
methodology rules, 1 Texas Administrative Code (TAC) §355.781, which
were published in the July 7, 2006, issue of the
Texas Register
(31 TexReg 5453). The hearing will be held in compliance
with 1 TAC §355.105, which requires public hearings on proposed Medicaid
reimbursements.
The public hearing will be held on August 24, 2006, at 1:30 p.m. in the
Big Bend Conference Room, Texas Health and Human Services Commission, Braker
Center, Building H, located at 11209 Metric Blvd, Austin, Texas 78758. Written
comments may be submitted by mail to the Texas Health and Human Services Commission,
Medicaid Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200;
by fax to Irene Cantu at (512) 491-1998; or by e-mail to Irene.Cantu@hhsc.state.tx.us.
Hand deliveries will be accepted at Braker Center, Mail Code H-400, 11209
Metric Blvd, Austin, Texas 78758. Comments must be received by 5:00 p.m. the
day of the hearing. Interested parties may obtain a copy of the briefing package
prior to the hearing by calling Irene Cantu at (512) 491-1358.
Persons requiring ADA accommodation or auxiliary aids or services should
contact Irene Cantu by calling (512) 491-1358, at least 72 hours prior to
the hearing.
TRD-200604001
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 2, 2006
Draft Policy for Addressing Cost Increases for 2004 and 2005 Competitive Housing Tax Credit Developments
The Texas Department of Housing and Community Affairs (the "Department")
proposes this new policy concerning the cost increases to the 2004 and 2005
competitive housing tax credit developments. This policy is proposed new in
order to implement changes that will effectively improve the financial feasibility
of the developments.
Comments may be submitted to Jennifer Joyce, Acting Manager of Multifamily
Finance, Texas Department of Housing and Community Affairs, P.O. Box 13941,
Austin, Texas 78711-3941 or facsimile at (512) 475-0764 or e-mail at jennifer.joyce@tdhca.state.tx.us
no later than 5:00 p.m., September 15, 2006.
The proposed new policy is proposed pursuant to the authority of the Texas
Government Code, Chapter 2306.
The proposed new policy will affect no other code, article or statue.
Section I. Introduction and Purpose
The Texas Department of Housing and Community Affairs (the "Department")
has received numerous inquiries relating to increased direct construction
costs over the past nine months that generally are attributed to the impact
of Hurricanes Katrina and Rita last September. While limited data at a national
or state level relating to these cost increases is available at this time,
the Department has researched this issue using comparative cost multipliers
by region from 2003 to 2006 from Marshall & Swift. Department research
indicates that the existing 2004 and 2005 9% Housing Tax Credit (HTC) developments
in the Department's inventory are affected by these increases in direct construction
costs by an average of 14%. The purpose of this policy is to outline how the
Department will act to assist those developments in ascertaining additional
tax credits to accommodate those cost increases. It is estimated that the
total amount of additional credits that might be necessary to accommodate
this policy for 2004 is $3,701,793 that would be utilized from the 2007 credit
ceiling and for 2005 is $4,387,658 that would be utilized from the 2008 credit
ceiling for a total of $8,089,451.
Section II. Method of Allocation
The Department will offer an allocation of additional credits to all competitive
HTC developments that were awarded in 2004 and 2005 that were not placed in
service before 2006. Developments awarded a Forward Commitment in 2005 for
tax credits from the 2006 HTC Ceiling are considered a 2005 competitive HTC
development. The additional allocation will be made pursuant to a binding
commitment to allocate credits from the Department's 2007 Tax Credit Ceiling
to all awarded 2004 competitive HTC developments and from the Department's
2008 Tax Credit Ceiling to all awarded 2005 competitive HTC developments.
The amount of each development's award will be determined by the Department
using a methodology that applies a 14% increase to the direct construction
costs as reflected in the most recent Underwriting report and then completes
the credit determination based on that adjustment. The amount of the additional
2007 or 2008 allocation will be the difference between the newly calculated
credit amount and the amount originally committed.
Section III. Procedures
The following procedures will be utilized in implementing this process.
1. The Department will issue all 2004 and 2005 awarded developments from
the 2004 and 2005 credit ceiling a letter indicating the specific additional
allocation amount as calculated by the Department and instructions consistent
with this policy for their return submission.
2. Owners that choose not to utilize the additional credits will return
an election form indicating their decision not to proceed with the allocation
by October 31, 2006. No credits will be set aside from the 2007 or 2008 HTC
Ceiling for such developments.
3. Owners that choose to utilize the additional allocation will execute
and return the binding agreement, pursuant to Treasury Regulation §1.42-8,
in a format provided to the owner, with a fee equal to 5% of the credit amount
allocated by October 31, 2006.
4. The Department will review the binding agreement and, upon satisfaction,
the agreement will be executed by the Executive Director of the Department.
The execution by the Executive Director will occur no later than December
31, 2006 for the 2004 developments and 2005 developments placed in service
in 2006, and no later than March 1, 2007 for the 2005 developments to be placed
in service after 2006.
5. Upon placement in service and submission of the cost certification,
the Applicant will be required to substantiate their total costs and credit
allocation consistent with the requirements set forth in the Cost Certification
Manual. Unsubstantiated credits for 2004 developments will be returned to
the 2007 HTC Ceiling, and for 2005 developments unsubstantiated credits will
be returned to the 2008 HTC Ceiling. Specifically, this analysis will be based
on the development details originally proposed and credits will not be eligible
for new activities not originally proposed. Further, a detailed cost analysis
will be required at the time of cost certification that will be utilized to
ensure development costs specifically increased by the estimated 14%.
6. As described in §50.10(c)(1) of the QAP: "Applications that are
submitted under the 2006 QAP and granted a Forward Commitment of 2007 Housing
Tax Credits are considered by the Board to comply with the 2007 QAP by having
satisfied the requirements of this 2006 QAP, except for statutorily required
QAP changes."
7. The application will be reviewed before issuance of a letter occurs
to ensure that they do not have material non-compliance consistent with §50.5(b)(2)
and (3) of the QAP.
8. For all allocations made under this policy the credit amount awarded
for 2004 developments will be attributed to the proper region and set-asides
from the 2007 Ceiling, and for 2005 developments will be attributed to the
proper region and set-asides from the 2008 Ceiling to ensure adherence to
the Regional Allocation Formula in 2007 and 2008.
TRD-200604018
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 2, 2006
Hurricane Rita Disaster Relief
The Texas Department of Housing and Community Affairs (Department) announces
the availability of approximately $4,200,000 for Hurricane Rita Disaster Relief
funds under the HOME Investment Partnerships Program (HOME). The availability
and use of these funds are subject to the State HOME Rules (10 TAC Chapter
53) and the Federal HOME regulations governing the HOME Program (24 CFR Part
92), unless specifically stated herein. Please note that some HOME Program
requirements have been waived by the United States Department of Housing and
Urban Development for participating jurisdictions in Presidentially declared
disaster areas due to Hurricane Rita.
ALLOCATION OF HURRICANE RITA DISASTER RELIEF FUNDS
No Single Family activities will be funded in a Participating Jurisdiction
(PJ). In accordance with §2306.111(c), funds under this NOFA are subject
to the Regional Allocation Formula process.
ELIGIBLE APPLICANTS
As declared by the Governor, the following Texas Counties, affected by
Hurricane Rita are eligible to apply for funds. The Counties of Brazoria,
Fort Bend, Hardin, Jefferson, Liberty, Montgomery, and Orange may apply for
these funds; however, these counties may only assist households in cities/places
that are not part of a PJ or a member of a consortium. The affected counties
are located in Uniform State Service Regions 5 and 6.
1. Angelina
2. Brazoria
3. Chambers
4. Fort Bend
5. Galveston
6. Hardin
7. Harris
8. Jasper
9. Jefferson
10. Liberty
11. Montgomery
12. Nacogdoches
13. Newton
14. Orange
15. Polk
16. Sabine
17. San Augustine
18. San Jacinto
19. Shelby
20. Trinity
21. Tyler
22. Walker
Pursuant to the Regional Allocation Formula, the table below shows the
allocation of funds to the Two Uniform State Service Regions and the corresponding
rural and urban/ex-urban distribution within each region.
Table 1: Regional, Rural, and Urban/Ex-Urban Funding Amounts
CONTRACT TERM
10 TAC §53.54(1)(A) has been waived by the Texas Department of Housing
and Community Affairs’ (TDHCA) governing board, therefore, the Contract
period for the written agreement with the Department will be for 12 months.
MAXIMUM CONTRACT AMOUNTS
10 TAC §53.54(1) has been waived by the TDHCA Governing Board; therefore,
the maximum award per contract under this NOFA is $500,000.
DESCRIPTION OF ACTIVITIES
Owner Occupied Housing Assistance (OCC), rehabilitation or reconstruction
cost assistance, is provided to homeowners affected by Hurricane Rita for
the repair or reconstruction of their existing home. The home must be the
principal residence of the homeowner.
Assistance will be provided in the form of a grant for households whose
income is at or below 30% of the Area Median Family Income (AMFI) as defined
by HUD. Assistance will be in the form of a five year deferred forgivable
loan, for households whose income is between 31% and 50% AMFI, as defined
by HUD. Assistance will be in the form of a 0%, thirty-year repayable loan,
for households whose income is between 51% and 80% AMFI, as defined by HUD.
At the completion of the assistance, all properties must meet all applicable
codes and standards, as specified in the application guide. In addition, all
housing that is reconstructed or rehabilitated with HOME funds must meet all
applicable local codes, rehabilitation standards, ordinances, and zoning ordinances
in accordance with 24 CFR §92.251(a). If a home is reconstructed, the
applicant must also ensure compliance with the universal design features in
new construction, established by §2306.514, Texas Government Code, required
for any applicants utilizing federal or state funds administered by the Department
for the construction of single family homes.
REVIEW OF APPLICATIONS
Applications will be accepted from 8:00 a.m. until 5:00 p.m., Monday through
Friday, excluding federal and state holidays, on an on-going basis until such
time as all funding has been committed, or Monday, September 11, 2006. Applications
will be accepted, reviewed, and recommended to the Department's governing
Board in accordance with the State of Texas HOME Program Rules, 10 TAC Chapter
53.
All applications for funds will be reviewed to ensure that the application
meets all eligibility requirements. 10 TAC §53.59(b)(3) and §53.61
have been waived by the TDHCA Governing Board, therefore applications will
not be competitively scored. Applications will be received on a first come
first serve basis for each region and rural, and urban/ex-urban categories.
Application deficiencies may be cleared through the application deficiency
process. Applications will be selected on a first come, first served basis.
Funding recommendations will be presented to the TDHCA Board of Directors
for approval.
APPLICATION PROCEDURES, FINAL FILING
The HOME Application Guide will be available on the Department's website
at
www.tdhca.state.tx.us
or you may call (512)
475-3993 to request an application copy. Applications must be on forms provided
by the Department, and cannot be altered or modified and must be in final
form before submitting them to the Department.
Applications mailed via the U.S. Postal Service
must
be mailed to:
Texas Department of Housing and Community Affairs
Single Family Finance Production Division
P.O. Box 13941
Austin, Texas 78711-3941
Applications mailed by private carrier or hand-delivered will be received
at the physical address of:
Texas Department of Housing and Community Affairs
Single Family Finance Production Division
221 East 11th Street
Austin, Texas 78701
This NOFA does not include text of the various applicable regulatory provisions
that may be important to the HOME Program. For proper completion of the application,
the Department strongly encourages potential applicants to review the State
and Federal regulations and to attend application training workshops.
APPLICATION WORKSHOPS
The Department will present one-day HOME Program Application Workshops
that will provide an overview of the HOME Program, application preparation
and submission, evaluation criteria and information about the major Federal
and State requirements that may affect a HOME project. The HOME Application
Workshop schedule and registration will be posted on the Department’s
website at
www.tdhca.state.tx.us
.
RESOLUTION REQUIREMENTS
The Department requires that all applications submitted must include an
original resolution from the applicant’s direct governing body authorizing
the submission of the application.
AUDIT REQUIREMENTS
An applicant is not eligible to apply for funds or any other assistance
from the Department unless a past audit or Audit Certification Form has been
submitted to the Department in a satisfactory format on or before the application
deadline for funds or other assistance per 10 TAC §1.3(b). This is a
threshold requirement outlined in the application, therefore applications
that have outstanding past audits will be disqualified. Staff will not recommend
applications for funding to the Department’s Governing Board unless
all unresolved audit findings, questions or disallowed costs are resolved
per 10 TAC §1.3(c).
TRD-200604005
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 2, 2006
Housing Trust Fund Program
1) Policy
On October 3, 2005, the Governor of the State of Texas declared twenty-two
(22) Texas counties to have been impacted by Hurricane Rita. These areas were
also federally designated as disaster areas. The Texas Department of Housing
and Community Affairs (the Department) is pleased to announce the availability
through its Housing Trust Fund (HTF) of approximately $1,000,000. These funds
will be used to finance the rehabilitation of qualified affordable housing
developments in the Department's existing rental portfolio that received damage
from Hurricane Rita on September 24, 2005, and have not received sufficient
reimbursement from insurance payments to complete all necessary repairs. The
Housing Trust Funds available through this Notice of Funding Availability
(NOFA) will be awarded as loans to eligible multifamily rental developments
that are currently covered by a Land Use Restriction Agreement (LURA) with
the Department.
2) Allocation of Funds
This allocation of Housing Trust Funds is not subject to the Department's
Regional Allocation Formula, pursuant to §2306.111(d) of the Texas Government
Code. That formula has been adjusted to reflect the multifamily housing needs
for those state service regions affected by Hurricane Rita and based on the
Federal Emergency Management Agency's (FEMA) household needs calculations.
Based on the adjusted formula, the Department will allocate 83% or approximately
$830,000 to state service region 5 and 17% or approximately $170,000 to state
service region 6. The Department will allow funds to be transferred between
regions 5 and 6 if there are unused funds in either region.
3) Eligible Applicants
a) Eligible Applicants include only owners of developments in the Department's
rental portfolio that were damaged by Hurricane Rita on September 24, 2005,
and which meet all of the following criteria:
1) The Applicant was the owner of the development on or before September
24, 2005;
2) The development was damaged by Hurricane Rita, as determined by an insurance
settlement statement;
3) Is located within state service regions 5 or 6 and within one of the
twenty-two disaster declared counties
4) The development has an active LURA in place with the Texas Department
of Housing and Community Affairs;
5) The development must have already received an insurance settlement statement
detailing the amount and covered expenses paid for by the settlement; and
6) The final payment of insurance proceeds does not have to be complete
at the time of application.
b) Furthermore, the Owner and Applicant must be the same party, and meet
all of the eligibility requirements of §51.2(8) and §51.7(a)(1)
of the Housing Trust Fund Rule, and all of the following requirements:
1) The Applicant is able to meet all credit and financial guarantee requirements
of §1.32(f) of the Real Estate Analysis Rules and Guidelines;
2) The Applicant is not considered an Ineligible Applicant under §51.5(d)
of the Housing Trust Fund Rule, and does not meet any of the following criteria:
(A) Previously funded recipient(s) whose Housing Trust Funds have been
partially or fully deobligated due to failure to meet contractual obligations
during the 12 months prior to the current funding cycle;
(B) Applicants who have not satisfied all threshold requirements described
in the HTF Rule and this NOFA, and for which Administrative Deficiencies were
unresolved, pursuant to §51.6(d) of the Housing Trust Fund Rule;
(C) Applicants who have submitted incomplete applications;
(D) Applicants that have been otherwise barred by the Department;
(E) Applicant or Developer or their staff who violate the state revolving
door policy (Chapter 572 of the Texas Government Code); or
(F) Any applicant who would otherwise be considered ineligible under §50.5
of the 2006 QAP, excluding those requirements at §50.5(a)(5) - (8).
c) Pursuant to §51.5(e) of the Housing Trust Fund Rule, the Department
will not recommend an application for funding if it includes a Principal who:
1) Is or has been barred, suspended, or terminated from procurement in
a state or federal program and listed in the List of Parties Excluded from
Federal Procurement of Non-procurement Programs;
2) Is or has been the subject of enforcement action under state or federal
securities law or is the subject of an enforcement proceeding with a state
or federal agency or another governmental entity;
3) Has unresolved compliance or audit findings related to previous or current
funding agreements with the Department; or
4) Has breached a contract with a public agency.
4) Eligible Activities Pursuant to §2306.202 of the Texas Government
Code, the Department may use Housing Trust Funds to assist local units of
government, public housing authorities, nonprofit organizations and for-profit
entities to rehabilitate decent, safe and sanitary housing. Under this NOFA,
owners that have an existing development in the Department's rental portfolio
may apply for funding to rehabilitate or repair damage to the development
site caused by Hurricane Rita and were not covered or reimbursed by insurance
or any other source of reimbursement. The maximum award amount will be limited
to the lesser of $250,000, or an amount equal to a percentage of the total
estimated damages that is equal to the percentage of units covered by the
Department's LURA. For example, if 20% of the units in the development are
covered by the Department's LURA and the total amount of damages from Hurricane
Rita are $1,000,000, the maximum award would be $200,000. Applicants may not
add additional units, build new structures, or add amenities that were not
in place prior to September 24, 2005. No developer fees or soft costs, with
the exception of engineering, property condition assessments, and third party
reports required for threshold criteria or closing documents, will be considered
eligible activities or costs under this NOFA. The Department reserves the
right to determine additional activities not eligible for funding at its own
discretion.
5) Additional Threshold Criteria
a) To ensure that each applicant is prepared to complete repairs to eligible
developments, and has the financial resources to repay the Department's loan,
Applicants will be required to complete the following threshold criteria:
1) Approval of Permanent Lenders. Applicants must submit approval letters
from all participating lenders and lien holders stating that additional liens
by the Department may be placed against the development.
2) Status of Permanent Financing. Applicants must submit Estoppel letters
from all permanent financing entities that certify that no default exists
under the note and the mortgage and no event has occurred that, with notice
or the passage of time or both, would constitute a default under the note
and/or the mortgage for the development.
3) Ownership Agreements. Applicants must submit evidence of approval from
all Persons, Parties and/or Partnerships that hold an ownership stake in the
development that the Applicant may add additional debt to the development.
This includes all General Partners, Limited Partners, Members of Partnerships
and Special Limited Partners.
4) Credit Worthiness and Financial Statements. Applicants will be required
to submit an Authorization to Release Financial Information and Financial
Statement certification forms, as provided for in the application materials.
5) Previous Participation. Applicants will be required to submit executed
Previous Participation and Background Certification and National Previous
Participation and Background Certification forms, pursuant to §50.9(h)(9)
of the 2006 Qualified Allocation Plan (QAP).
6) Projected Proformas and Operating Budgets. Applicants will submit current
and projected operating proformas, rent schedules and current rent rolls to
be used in the Department's analysis of the development's financial feasibility.
Additionally, Applicants will submit financial statements certifying to the
development's past twelve months of operating income and expenses.
7) Insurance Statement of Damage or PCA. Applicants must submit all final
Insurance Settlement Statements from the development's Insurers. Preliminary
settlement statements, adjustment statements or unsigned settlement agreements
will not be acceptable. Applicants must submit a Property Condition Assessment
which meets all of the Department's requirements, pursuant to §1.36 of
the 2006 Real Estate Analysis Rules and Guidelines, for developments that
were uninsured.
8) Construction/Rehab Budget. Applicants must submit a complete development
cost schedule that itemizes all necessary repairs since September 24, 2005,
what repairs were completed using insurance proceeds, and all repairs that
were or will not be not funded with insurance proceeds.
9) Relocation. Pursuant to §2306.203(4) of the Texas Government Code,
funds may not be made available to a development that permanently and involuntarily
displaces individuals and families of low income. Applicants will be required
to certify that no low-income families will be displaced as a result of the
Application.
10) Length of Affordability. Applicants will be required to submit a copy
of their current LURA and identify the length of remaining affordability.
Applicants may be required to accept an extended use agreement, extend the
term of their existing LURA or accept a new LURA, pursuant to §2306.185
and §2306.203(6) of the Texas Government Code.
11) Public Notifications. Applicants will be required to submit contact
information for public officials. The Department will be responsible for providing
public officials notification of application submission. For the purpose of
this NOFA the Public Notification requirements of the Housing Trust Fund Rule,
10 TAC §51.6(j), have been waived by the Department's Board, pursuant
to §51.11 of the Housing Trust Fund Rule.
12) Resolution Requirements. The Department requires that all applications
submitted must include a resolution from the applicant's direct governing
body (Board of Directors, Members of the General Partnership or Sole Proprietors)
authorizing the submission of the application and detailing the correct signatory
authority and title block for all contracts and commitments.
13) Audit Requirements. An applicant is not eligible to apply for funds
or any other assistance from the Department unless audits are current or the
Audit Certification Form has been submitted to the Department in a satisfactory
format on or before the application submission date per 10 TAC §1.3(b).
This is a threshold requirement outlined in the application, therefore, applications
that have past due audits will be disqualified. Staff will not recommend applications
for funding to the Department's Governing Board unless all unresolved audit
findings, questioned or disallowed costs are resolved per 10 TAC §1.3(c).
14) Employment Opportunities. Pursuant to §51.8(a), in connection
with the planning and carrying out of any project assisted under the Housing
Trust Fund, to the greatest extent feasible, opportunities for training and
employment shall be given to low, very low, and extremely low-income persons
residing within the area in which the project is located. Applicants will
certify to this in the application.
15) Conflict of Interest. Applicants will certify that no conflicts of
interest are present or shall occur after the time of award, pursuant to §51.8(b)
of the Housing Trust Fund Rule.
6) Selection Process
a) Pursuant to §2306.203 of the Texas Government Code, the criteria
used to rank proposals will include:
1) Priority Damage. Applicants requesting funds to repair housing units
that are not habitable at the time of Application submission will receive
10 points. Applicants requesting funds to repair housing units that are habitable
but in need of repair at the time of Application submission will receive 5
points. Applicants will certify to this item.
2) Priority Areas. In an effort to focus more funding into areas impacted
most by Hurricane Rita, developments located within the counties of Hardin,
Jefferson and Orange will receive 10 points.
3) Developments located in High Needs Areas. Pursuant to §2306.203(5)(B),
of the Texas Government Code, consideration of the number and percentage of
income-qualified families in different geographical areas will be taken in
the allocation of funds. Under this NOFA, Applicants will receive up to 7
points based on the Affordable Housing Needs Score (AHNS) for the place or
location of the development site. The AHNS list will be provided in the application
materials.
4) Leveraging of Federal Resources. Applicants will receive 5 points for
providing evidence that the development has received Federal Financial assistance
through FEMA, the Small Business Administration or the Department of Homeland
Security. Federal flood insurance is not to be considered federal financial
assistance.
5) Cost-Effectiveness of a Proposed development. Applicants will receive
5 points for submitting a request for funding that does not exceed 30% of
the total value of damage to the development, as calculated in the insurance
settlement statement.
6) Very Low Income Targeting. Applicants will receive 5 points for developments
that currently provide 50% or more of their housing to families or individuals
earning 50% or less of the area medium income (AMI).
7) Developments in Rural Areas. Pursuant to §2306.203(5)(A) of the
Texas Government Code, special emphasis will be placed on allocating funds
to developments located in rural areas. Under this NOFA, developments located
in rural areas, as defined by the Departments Housing Needs Characteristics
list, will receive 5 points.
b) The maximum score possible is 47 points. Applicants with the greatest
percentage of damage (i.e. total cost of damage divided by assessed value
of the development) will be given priority over equally scored Applications
if a tie breaker is necessary to determine awardees.
7) Review Process
a) All applications must be received by the Department by 5:00 p.m. on
August 28, 2006, regardless of method of delivery. Applications will be accepted,
reviewed, and recommended to the Department's Board in accordance with the
process outlined in this NOFA and pursuant to §51.6 of the Housing Trust
Fund Rule.
b) Applicants must submit a complete application to be considered for funding,
along with an application fee of $500.00. Texas Government Code requires the
Department to waive application fees for nonprofit organizations that offer
expanded services such as child care, nutrition programs, job training assistance,
health services, or human services. These organizations must include proof
of their exempt status and a description of their supportive services in lieu
of the application fee.
c) Applications containing false information will be disqualified. Applications
must be on forms provided by the Department and cannot be altered or modified
and must be in final form before submitting them to the Department.
d) Applications must comply with §§2306.201 - 2306.203 of the
Texas Government Code, the Housing Trust Fund Rules at 10 TAC Chapter 51,
this NOFA and all other applicable regulations and statutes. Applications
that satisfy the eligibility criteria and threshold criteria will then be
evaluated for material noncompliance, and scored according to the selection
criteria outlined in this NOFA. A brief analysis of the development's financial
feasibility will be conducted only for those applications that will be recommended
for an award.
e) The Department may decline to consider any application if the proposed
activities do not, in the Department's sole determination, represent a prudent
use of the Department's funds. The Department is not obligated to proceed
with any action pertaining to any applications which are received and may
decide that it is in the Department's best interest to refrain from pursuing
any selection process. The Department strives, through its loan terms, to
securitize its funding while ensuring the financial feasibility of a development.
The Department reserves the right to negotiate individual elements of any
application or award.
f) An Applicant may appeal decisions made by staff in accordance with 10
TAC §1.7 and §1.8.
g) Applicants should contact the following staff persons for additional
information on this program:
Audrey Martin, Housing Specialist
Phone: (512) 475-3872
Email: audrey.martin@tdhca.state.tx.us
Or
David Danenfelzer, Multifamily Housing Administrator
Phone: (512) 475-3865
Email: david.danenfelzer@tdhca.state.tx.us
8) Awards and Closing Process
a) Awards for the Hurricane Damage Program will be made by the Department's
Board no later than September 30, 2006 (Subsequent to the Board's approval
of this policy, the September 2006 board meeting was canceled. Awards will
be made at first available meeting proceeding September 30, 2006.). Once awards
have been made by the Board, the Department will issue loan commitments. Commitments
will detail the rates and terms of loan agreements, and all due diligence
materials required to complete loan closings. Applicants will be required
to submit all due diligence materials prior to the preparation of closing
documents and in accordance with §51.8(c) - (f) and §51.10 of the
Housing Trust Fund Rule. At a minimum, Applicants will be required to submit
all of the following documentation to complete the Department's loan closing
process:
1) Mortgagee Title Commitment;
2) Notes and Deeds of Trust;
3) Current Property Survey;
4) Evidence of Compliance with Local Zoning Ordinances;
5) Organizational Chart;
6) Bylaws, Articles of Incorporation, and Certificate of Filing Status
with the Texas Secretary of State;
7) Texas Comptroller's Certificate of Good Standing;
8) Development Team Contact Information;
9) Proof of Corporate or Partnership Agreements filed with Texas Secretary
of State;
10) Borrower Resolution naming the person and their title authorized to
sign the TDHCA loan documents;
11) Borrower's Property and Casualty Insurance, General Public Liability
Insurance, Builder's Risk Insurance (if applicable) and Worker's Compensation
Insurance Certificate;
12) Texas Application for Payee ID#, Direct Deposit Form, and TDHCA Contract
System Access Request Form;
13) Final Budget with Sources and Uses;
14) Supporting documentation proving fulfillment of all underwriting requirements
noted in the Commitment Letter prior to TDHCA loan closing; and
15) Any other document the Department deems necessary to complete the closing
process.
b) Furthermore, Applicants should note that all awardees must abide by
the Housing Trust Fund Rules relating to records to be maintained and compliance
review procedures detailed at §51.10 and Chapter 60 of Title 10 of the
Texas Administrative Code.
9) Application Acceptance Application materials must be organized and submitted
in the manner detailed in the application manual. Applicants must submit one
complete printed copy of all application materials and one complete scanned
copy of the application materials. All scanned copies must be scanned in accordance
with the guidance provided in the application manual.
Applications must be sent to:
Multifamily Finance Production Division
Texas Department of Housing and Community Affairs
221 East 11th Street
Austin, TX 78701-2410
Or via the U.S. Postal Service to:
Multifamily Finance Production Division
Texas Department of Housing and Community Affairs
Post Office Box 13941
Austin, TX 78711-3941
NOTE: This NOFA does not include the text of the various applicable regulatory
provisions that may be important to the Housing Trust Fund. For proper completion
of the application, the Department strongly encourages potential applicants
to review 10 TAC Chapters 50 and 51, and Chapter 2306 of the Texas Government
Code. These regulatory provisions may be found on the TDHCA website at http://tdhca.state.tx.us/,
under "TDHCA Governing Statute (PDF)" and "TDHCA Rules (TAC)."
TRD-200604012
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 2, 2006
Third Party Administrator Applications
The following third party administrator (TPA) application has been filed
with the Texas Department of Insurance and is under consideration.
Application for admission to Texas of Meritain Health, Inc., a foreign
third party administrator. The home office is AMHERST, NEW YORK.
Any objections must be filed within 20 days after this notice is published
in the
Texas Register
, addressed to the attention
of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200604008
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: August 2, 2006
Instant Game Number 730 "Magnificent 7's"
1.0 Name and Style of Game.
A. The name of Instant Game No. 730 is "MAGNIFICENT 7’S". The play
style for Game 1 is "key number match with auto win". The play style for Game
2 is "three in a line with doubler". The play style for Game 3 is "match 3
of 6 with doubler". The play style for Game 4 is "key symbol match". The play
style for ADD UP is "add up".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 730 shall be $7.00 per ticket.
1.2 Definitions in Instant Game No. 730.
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: $7.00, $14.00, $21.00, $35.00, $70.00,
$350, $700, $7,000, $75,000, 01, 02, 03, 04, 05, 06, 08, 09, 10, 11, 12, 13,
14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 7 SYMBOL, 1 SYMBOL,
2 SYMBOL, 3 SYMBOL, 4 SYMBOL, 5 SYMBOL, 6 SYMBOL, 8 SYMBOL, 9 SYMBOL, $$ SYMBOL,
CACTUS SYMBOL, BRANDING IRON SYMBOL, BLAZING SUN SYMBOL, MAP SCROLL SYMBOL,
STACK OF CASH SYMBOL, COWBOY BOOT SYMBOL, GOLD COIN SYMBOL, COVERED WAGON
SYMBOL, SPURS SYMBOL, LASSO SYMBOL, COWBOY HAT SYMBOL, 1, 2, 3, 4, 5 or 6.
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. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (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 $7.00, $14.00 or $21.00.
H. Mid-Tier Prize - A prize of $35.00, $70.00 or $350.
I. High-Tier Prize - A prize of $700, $7,000 or $75,000.
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 (730), 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: 730-0000001-001.
L. Pack - A pack of "MAGNIFICENT 7’S" Instant Game tickets contains
75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one
(1). Ticket 001 will be shown on the front of the pack; the back of ticket
075 will be revealed on the back of the pack. All packs will be tightly shrink-wrapped.
There will be no breaks between the tickets in a pack. Every other book will
reverse i.e., reverse order will be: the back of ticket 001 will be shown
on the front of the pack and the front of ticket 075 will be shown on the
back of the pack.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MAGNIFICENT
7’S" Instant Game No. 730 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 "MAGNIFICENT
7’S" Instant Game is determined once the latex on the ticket is scratched
off to expose 35 (thirty-five) Play Symbols. For Game 1, if a player matches
either of YOUR NUMBERS play symbols to the LUCKY NUMBER play symbol, the player
wins the PRIZE shown below that number(s). If a player reveals a "7" play
symbol, the player wins PRIZE shown instantly. For Game 2, if a player reveals
3 (three) "7"s in any one row, column or diagonal, the player wins the PRIZE
shown. If a player reveals a "$$" play symbol, the player wins DOUBLE PRIZE
shown instantly. For Game 3, if a player reveals 3 (three) matching prize
amounts, the player wins that amount. If a player reveals 2 (two) matching
prize amounts plus a "moneybag" play symbol, the player wins DOUBLE that amount.
For Game 4, if a player matches any of YOUR SYMBOLS play symbols to either
WINNING SYMBOL play symbol, the player wins the PRIZE shown below that symbol(s).
For Game ADD UP, the player scratches the entire area and if the 2 (two) numbers
revealed total "7", the player wins $70 instantly. No portion of the display
printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 35 (thirty-five) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 35 (thirty-five)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 35 (thirty-five) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 35 (thirty-five) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a book will not have identical
patterns.
B. GAME 1: This play area consists of two (2) YOUR NUMBERS and one (1)
LUCKY NUMBER.
C. GAME 1: Players can win twice in this play area.
D. GAME 1: The "7" symbol will never appear as a LUCKY NUMBER.
E. GAME 1: Non-winning tickets will not contain two (2) identical YOUR
NUMBERS.
F. GAME 1: Non-winning prize symbols will always be unique.
G. GAME 1: A winning prize symbol will never be the same as a non-winning
prize symbols within this play area.
H. GAME 1: Non-winning tickets will never contain the "7" symbol.
I. GAME 2: Players can win once in this play area.
J. GAME 2: No ticket will contain three (3) or more of a kind other than
the "7" symbol.
K. GAME 2: The "$$" symbol and three (3) "7" symbols cannot appear in the
same game.
L. GAME 2: Tickets will not contain four (4) "7" symbols in all 4 corners.
M. GAME 2: The "$$" symbol will win 2 times the prize amount shown and
will win as per the prize structure.
N. GAME 2: On winning tickets, wins should appear equally among the 3 types
of wins (row, column, diagonal).
O. GAME 3: Players can win once in this play area.
P. GAME 3: There will never be more than one (1) set of three (3) matching
prize amounts on a single ticket.
Q. GAME 3: There will never be more than three (3) matching prize amounts
on a single ticket.
R. GAME 3: On winning tickets, two (2) matching symbols and the "moneybag"
symbol will win 2 times the prize amount shown and will win as per the prize
structure.
S. GAME 3: There will never be more than one (1) "moneybag" symbol per
ticket.
T. GAME 3: On non-winning tickets, the "moneybag" symbol may appear when
all symbols are unique.
U. GAME 3: The "moneybag" symbol will never appear on a ticket which contains
three (3) matching Play symbols.
V. GAME 3: No more than two pairs of matching play symbols will appear
on a ticket which does not contain a "moneybag" symbol.
W. GAME 3: No more than one pair of matching play symbols will appear on
a ticket containing a "moneybag" symbol.
X. GAME 4: Players can win up to five (5) times in this play area.
Y. GAME 4: No more than two (2) matching non-winning prize symbols on a
ticket.
Z. GAME 4: No more than two (2) matching non-winning YOUR SYMBOLS on a
ticket.
AA. GAME 4: Non-winning prize symbols will not match a winning prize symbol
on a ticket.
BB. GAME 4: No duplicate WINNING SYMBOLS will appear on a ticket.
CC. ADD-UP: Players can win once in this play area.
DD. ADD-UP: On winning tickets, the two numbers in this play area will
total"7".
EE. ADD-UP: The two symbols on non-winning games will never total "7" in
this play area.
FF. ADD-UP: Winning tickets will win per the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "MAGNIFICENT 7’S" Instant Game prize of $7.00, $14.00,
$21.00, $35.00, $70.00 or $350, 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 $35.00, $70.00 or $350 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 "MAGNIFICENT 7’S" Instant Game prize of $700, $7,000
or $75,000, 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 "MAGNIFICENT 7’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;
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 "MAGNIFICENT
7’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 "MAGNIFICENT 7’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 5,040,000
tickets in the Instant Game No. 730. 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. 730 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. 730,
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-200604003
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 2, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 740 is "WILD DOUBLER". The play style is
"key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 740 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 740.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, WILD SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00,
$20.00, $50.00, $100, $500 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. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (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, $4.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100 or $500.
I. High-Tier Prize - A prize of $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 (740), 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: 740-0000001-001.
L. Pack - A pack of "WILD DOUBLER" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets
001 to 005will be on the top page; tickets 006 and 010 on the next page; etc.;
and tickets 246 and 250 will be on the last page with backs exposed. Ticket
001 will be folded over so the front of ticket 001 and 010 will be exposed.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WILD
DOUBLER" Instant Game No. 740 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "WILD DOUBLER"
Instant Game is determined once the latex on the ticket is scratched off to
expose 11 (eleven) Play Symbols. If a player matches any of YOUR NUMBERS play
symbols to the WINNING NUMBER play symbol, the player wins the prize shown
for that number. If a player reveals a "WILD" play symbol, the player wins
DOUBLE the prize shown for that symbol. No portion of the display printing
nor any extraneous matter whatsoever shall be usable or playable as a part
of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 11 (eleven) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 11 (eleven)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 11 (eleven) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures;
17. Each of the 11 (eleven) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning prize symbols.
C. No duplicate non-winning play symbols.
D. A non-winning prize symbol will never be the same as the winning prize
symbol (s).
E. The "WILD" symbol will appear according to the prize structure and will
only appear once on a ticket.
F. No prize amount in a non-winning spot will correspond with the YOUR
NUMBER play symbol (i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "WILD DOUBLER" Instant Game prize of $1.00, $2.00, $4.00,
$5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "WILD DOUBLER" 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 "WILD DOUBLER" Instant Game prize,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "WILD DOUBLER"
Instant Game, the Texas Lottery shall deliver to an adult member of the minor's
family or the minor's guardian a check or warrant in the amount of the prize
payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "WILD DOUBLER" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 12,000,000
tickets in the Instant Game No. 740. 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. 740 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. 740,
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-200604004
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 2, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 832 is "SCRATCHMAN RETURNS". The play style
is "match 3 of 9".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 832 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 832.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $20.00,
$50.00, $100 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. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (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, $4.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00 or $100.
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 (832), 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: 832-0000001-001.
L. Pack - A pack of "SCRATCHMAN RETURNS" 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 with backs
exposed. Ticket 001 will be folded over so the front of ticket 001 and 010
will be exposed.
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 "SCRATCHMAN
RETURNS" Instant Game No. 832 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 "SCRATCHMAN
RETURNS" Instant Game is determined once the latex on the ticket is scratched
off to expose 9 (nine) Play Symbols. If a player scratches the play area and
reveals 3 (three) matching amounts play symbols, the player wins that amount.
No portion of the display printing nor any extraneous matter whatsoever shall
be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 9 (nine) 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 9 (nine)
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 9 (nine) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures;
17. Each of the 9 (nine) 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 four or more matching play symbols on a ticket.
C. No more than 2 pairs of matching play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "SCRATCHMAN RETURNS" Instant Game prize of $1.00, $2.00,
$4.00, $5.00, $10.00, $20.00, $50.00 or $100, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot
verify the claim, the Texas Lottery Retailer shall provide the claimant with
a claim form and instruct the claimant on how to file a claim with the Texas
Lottery. If the claim is validated by the Texas Lottery, a check shall be
forwarded to the claimant in the amount due. In the event the claim is not
validated, the claim shall be denied and the claimant shall be notified promptly.
A claimant may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "SCRATCHMAN RETURNS" 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 "SCRATCHMAN RETURNS" Instant
Game prize, the claimant must sign the winning ticket, thoroughly complete
a claim form, and mail both to: Texas Lottery Commission, Post Office Box
16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with
the claimant. In the event that the claim is not validated by the Texas Lottery,
the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General;
3. delinquent in reimbursing the Texas 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 "SCRATCHMAN
RETURNS" 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 "SCRATCHMAN RETURNS" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 12,000,000
tickets in the Instant Game No. 832. 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. 832 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. 832,
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-200603985
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 31, 2006
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on July
25, 2006, to amend a state-issued certificate of franchise authority (CFA),
pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act
(PURA). A summary of the application follows.
Project Title and Number: Application of Marcus Cable Associates, L.L.C.,
doing business as Charter Communications, to Amend its State-Issued Certificate
of Franchise Authority, Project Number 32986 before the Public Utility Commission
of Texas.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Number 32986.
TRD-200603963
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 28, 2006
The Public Utility Commission of Texas received an application on July
27, 2006, for an amendment to a state-issued certificate of franchise authority
(CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory
Act (PURA). A summary of the application follows.
Project Title and Number: Application of Rapid Acquisition Company, LLC
to Amend its State-Issued Certificate of Franchise Authority, Project Number
32993 before the Public Utility Commission of Texas.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Number 32993.
TRD-200603992
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 1, 2006
The Public Utility Commission of Texas received an application on July
28, 2006, to amend a state-issued certificate of franchise authority (CFA),
pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act
(PURA). A summary of the application follows.
Project Title and Number: Application of Time Warner Entertainment-Advance/Newhouse
Partnership d/b/a Time Warner Cable to Amend its State-Issued Certificate
of Franchise Authority, Project Number 33001 before the Public Utility Commission
of Texas.
Information on the application may be obtained by contacting the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and
speech-impaired individuals with text telephone (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference
Project Number 33001.
TRD-200603993
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 1, 2006
Notice is given to the public of the 2006 annual certification proceeding
initiated by the Public Utility Commission of Texas for state certification
of common carriers as eligible telecommunications carriers (ETC) to receive
federal universal service funds (FUSF).
Docket Title and Number: Designation of Common Carriers as Eligible Telecommunications
Carriers (ETC) to Receive Federal Universal Service Funds Pursuant to the
Federal Communications Commission's Fourteenth Report and Order Adopting a
State Certification Process. Docket Number 24481.
The Public Utility Commission of Texas (commission) initiated this proceeding
in response to the Federal Communications Commission's (FCC) Fourteenth Report
and Order adopting a state certification process. Under Section 254(e) of
the Federal Telecommunications Act (FTA) carriers must use federal universal
service support "only for the provision, maintenance, and upgrading of facilities
and services for which the support was intended." The FCC concluded that it
is appropriate for the state to certify that all federal high-cost funds flowing
to rural carriers within the state of Texas are being used in a manner consistent
with FTA §254(e). The commission is required to file such annual certification
with the FCC and the Universal Service Administrative Company (USAC) on or
before October 1 of each year. Absent such certification, carriers will not
receive federal universal service support.
The certification requirement is applicable to all rural carriers and competitive
eligible telecommunications carriers seeking high-cost support in the service
area of a rural local exchange carrier that the state commission certifies
as eligible to receive federal high-cost support during that annual period.
In accordance with P.U.C. Substantive Rule §26.418(j), carriers shall
certify directly to the commission in the form of a sworn affidavit executed
by a corporate officer which certifies that the carrier is complying with
the federal requirements for the receipt of FUSF support. All carriers within
the state of Texas that request certification by the commission shall submit
an affidavit on or before September 1st of each year.
Therefore, on or before September 1, 2006, carriers seeking to be certified
should contact the Public Utility Commission of Texas by mail at P.O. Box
13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free
at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989.
Persons contacting the commission regarding this certification proceeding
should refer to Docket Number 24481.
TRD-200603994
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 1, 2006
Request for Comments on the Report of the Natural Gas Pipeline Competition Study Advisory Committee
(Editor's Note: In accordance with Government
Code, §2002.014, which permits the omission of material which is "cumbersome,
expensive, or otherwise inexpedient," Figure 1 and Figure 2 are not included
in the print version of the Texas Register. The Figures are available in the
on-line edition of the August 11, 2006, issue of the Texas Register.)
The Railroad Commission of Texas invites comments concerning the Report
of the Natural Gas Pipeline Competition Study Advisory Committee (Figure 1),
which includes the draft informal complaint procedure rule (Figure 2).
Figure 1 (.pdf)
Figure 2 (.pdf)
Comments on the report, including the draft informal complaint procedure
rule, may be submitted by mail to: Danny Bivens, Gas Services Division, Railroad
Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; by e-mail to
danny.bivens@rrc.state.tx.us; or by fax to (512) 463-7962. The Commission
will accept comments on the report until September 1, 2006, at 5:00 p.m. The
Commission encourages all interested persons to submit comments no later than
this deadline. The Commission cannot guarantee that comments submitted after
the deadline will be considered. For further information, call Mr. Bivens
at (512) 475-1958.
Issued in Austin, Texas, on July 31, 2006.
TRD-200603984
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: July 31, 2006
Notice of Applications for Designation as a "Texas Star Builder"
The commission adopted rules regarding the procedures for designation as
a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant
to §416.011, Property Code (Act effective Sept. 1, 2003), which provides
that the commission shall establish rules and procedures through which a builder
can be designated as a "Texas Star Builder." The commission rules for application
for designation can be found on the commission’s website at www.trcc.state.tx.us
10 TAC §303.300(i)(2) requires the commission to publish in the
Pursuant to 10 TAC §303.300(i)(2) the commission hereby notices the
application(s) for designation as a "Texas Star Builder" of:
Identity Homes Construction Management, L.L.C., 207 Morton Street, Richmond,
Texas 77469.
Identity Homes Construction Management, L.L.C., holds TRCC builder registration
# 1441. The applicant’s primary designated agent is Scott Lease.
Interested persons may send written comments regarding this application
to Susan K. Durso, General Counsel, The Texas Residential Construction Commission,
P.O. Box 13144, Austin, TX 78711-3144. Comments regarding this application
will be accepted for twenty-one days following the date of publication of
this notice in the
Texas Register
. Thereafter,
the comments will not be considered as timely filed.
TRD-200604009
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: August 2, 2006
Notice of Consultant Contract Availability
Stephen F. Austin State University, Nacogdoches, Texas, requests proposals
from archeologists.
PURPOSE: Stephen F. Austin State University's archeology repository houses
an important and varied collection. Artifacts include Caddoan ceramics and
historical pieces from the early European settlement of Nacogdoches. Most
of this collection is held in trust for either the Texas Historical Commission
or the Caddo Nation of Oklahoma (in accordance with NAGPRA). In addition,
the laboratory contains unprocessed materials from past archeological excavations
that require processing, inventorying, and reporting to meet our commitments
to the Texas Archeological Society and the Texas Historical Commission. In
order to meet these needs as well as state curatorial requirements, the laboratory
requires the attention of a contract archeologist.
REQUIREMENTS: The University is looking for someone to assess the current
condition of our held in trust artifacts, to make changes to the facility
as required to meet state standards, to negotiate letters of understanding
between all stakeholders (The Caddo Nation, The Texas Historical Commission,
the State Archeological Society, etc.), and to prepare a plan of action for
future compliance activities.
DEADLINES: Proposals and/or resumes must be received in the office of Dr.
Jerry WiIliams, Stephen F. Austin State University, P. O. Box 13047, Nacogdoches,
Texas 75962 by 5:00pm, August 15, 2006, in order to be considered.
TRD-200603947
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: July 26, 2006
Consultant Contract Award
In compliance with the provisions of Chapter 2254, Subchapter B, Texas
Government Code, The Texas A&M University System furnishes this notice
of consultant contract award. A notice for request for proposals was filed
in the March 17, 2006 issue of the
Texas Register
(31 TexReg 2331).
The consultant will provide evaluation services of the maintenance and
custodial operations of the University Apartments (including the Community
Center and Maintenance Building) located on the main campus of Texas A&M.
The consultant contract was awarded to Facility Engineering Associates,
P.C., 11001 Lee Highway, Suite D, Fairfax, VA 22030-5018. Total value of the
contact is $55,700.00. Beginning and ending dates of the contract are June
28, 2006 through September 2006.
The consultant shall submit a preliminary written report to the Agreement
Administrator on or about August 19, 2006. After making any requested modifications
the consultant will submit copies of final report.
Consultant shall also present findings and recommendations in a formal
on-campus presentation to University Administration. On site presentation
to be coordinated with Residence Life. Possible date of first week in September.
TRD-200604011
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University, Board of Regents
Filed: August 2, 2006
Texas A&M University is accepting proposals and intends to enter into
an Agreement with a Consultant to conduct an independent review of employee
relations and quality of work life issues in the Physical Plant Department
at the College Station campus. The project deliverables shall include a detailed
assessment report with specific recommendations. The report will identify
strengths and opportunities for improvement, making specific suggestions for
the implementation of best practices to enhance the quality of work life in
the Department. Recognizing that job satisfaction has a direct link to job
performance, recommendations focused on improving quality of life in the workplace
will also put a high priority on ways to increase productivity in the workplace.
Information may be obtained by contacting:
Jeff Zimmermann, A.P.P.
Senior Buyer
Department of Strategic Sourcing and Purchasing Services
Texas A&M University
P.O. Box 30013
College Station, Texas 77842-301; or
e-mail at j-zimmermann@tamu.edu
Selection criteria will include methodology, competence, experience, knowledge,
references, qualifications, and reasonableness of price. Proposals must be
received on or before 2:00 p.m. central time on August 31, 2006.
TRD-200604010
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University, Board of Regents
Filed: August 2, 2006
Notice of Intent
Pursuant to Title 43, Texas Administrative Code, §2.43(c)(8), the
Texas Department of Transportation (TxDOT) is issuing this notice to advise
the public that an environmental impact statement (EIS) will be prepared for
a proposed highway project in Smith County, Texas.
TxDOT, in cooperation with the Federal Highway Administration (FHWA), will
prepare an EIS for a proposal to construct a proposed Lindale Reliever Route
(LRR) in Smith County, Texas. The proposed improvement would involve construction
of a new location roadway from the planned Loop 49 West/IH 20 interchange
to connect with the existing US 69 north of the City of Lindale, a roadway
distance of approximately 5-6 miles.
The need for the proposed improvements is based on safety, mobility, connectivity,
and capacity issues. US 69 is designated as a Texas Trunk System roadway,
and the reliever route would serve as an extension of Loop 49 between the
IH 20/Loop 49 West interchange and US 69. The purpose of the proposed improvements
is to address these needs and to serve the traveling public. Alternatives
under consideration include (1) taking no action; and (2) constructing a proposed
US 69 Lindale Reliever Route/Loop 49 North facility built to current highway
standards. The proposed facility will be evaluated as a toll road project.
A Feasibility Study prepared in 2001 evaluated four corridor alternatives
along new location right-of-way and a No-Build alternative, resulting in the
identification of a recommended study corridor. Subsequent public involvement
opportunities have identified an additional study corridor. A reasonable number
of alignment alternatives have been identified and evaluated. Evaluation of
these alternatives, as well as the No-Build Alternative, will be documented
in the EIS, based on input from federal, state, and local agencies, as well
as private organizations and concerned citizens.
The EIS will evaluate potential impacts from construction and operation
of the proposed roadway including, but not limited to the following: impacts
to residences and businesses, including potential relocations; transportation
impacts (construction detours, construction traffic, and mobility improvement);
air and noise impacts from construction equipment and operation of the roadway;
social and economic impacts; impacts to cultural resources; water quality
impacts from construction and roadway runoff; indirect and cumulative impacts;
impacts related to tolling; and impacts to waters of the U.S. including wetlands
from right-of-way encroachment.
A letter that describes the proposed action and a request for comments
will be sent to appropriate federal, state, and local agencies, and to private
organizations and citizens who have previously expressed interest in the proposal.
TxDOT completed a Feasibility Study for the project in May 2001. In conjunction
with the Feasibility Study, TxDOT developed a steering committee, provided
project information at two public meetings, and met with interested stakeholders.
It is anticipated that an agency scoping meeting will be held by TxDOT in
September 2006 to coordinate and solicit agency representatives? input on
project plans including the purpose, need, and range of alternatives, introduce
project team members, obtain comments pertaining to the scope of the EIS,
identify important issues, set goals, develop project schedule, and respond
to questions. A continuing public involvement program will include a project
mailing list, project newsletters, a public scoping meeting (public notice
will be given of the time and place), and numerous informal meetings with
interested citizens and stakeholders. In addition, a public hearing will be
held after the publication of the Draft EIS. Public notice will be given of
the time and place of the hearing. The Draft EIS will be available for public
and agency review and comment prior to the public hearing.
To ensure that the full range of issues related to this proposed action
are addressed and all significant issues identified, comments and suggestions
are invited from all interested parties.
Agency Contact
: Comments or questions concerning
this proposed action and the EIS should be directed to Ms. Dianna Noble, P.E.,
Director, Environmental Affairs Division, Texas Department of Transportation,
125 E. 11th Street, Austin, Texas 78701-2483, (512) 416-3001.
TRD-200603986
Bob Jackson
Interim General Counsel
Texas Department of Transportation
Filed: August 1, 2006
The Texas Department of Transportation (the "department") requests proposals
from law firms interested in representing the department in environmental
law matters. This request for proposals (RFP) is issued for the purpose of
identifying qualified law firms able to provide legal representation required
by the department and the Texas Transportation Commission (the "commission")
on legal matters related to compliance with environmental laws, regulations,
and rules, both state and federal, affecting the department, and as more fully
set out as follows. Selection of outside counsel will be made by the department's
General Counsel. The Office of the Attorney General must approve the General
Counsel's selection before the selected outside counsel may be employed.
Description: The department is a state agency that has the primary responsibility
in Texas of constructing, operating, and maintaining a state transportation
system. In connection with that responsibility, the department must deal with
various environmental matters. These matters include, but are not limited
to: obtaining appropriate permits; answering queries and complaints from state
and federal regulatory authorities; complying with environmental laws, rules,
and regulations, both state and federal, on an ongoing basis; appearing before
administrative and judicial tribunals, both state and federal, to answer charges
of a civil and criminal nature, both state and federal; and generally complying
with state and federal laws, rules, and regulations applicable to the responsibilities
discharged by a state department of transportation. The department intends
to engage outside counsel to represent the department in these matters. In
particular, the department intends to rely on outside counsel to represent
the department in criminal cases related to these matters. Accordingly, the
department invites responses to this RFP from firms that are qualified to
perform these legal services. Firms must have considerable prior experience
with, as well as extensive knowledge of, these subjects. The firm should be
experienced in the matter of criminal defense work involving alleged violations
of both state and federal environmental laws, rules, and regulations.
Responses: Responses to the RFP may be submitted by an individual law firm,
attorney, or joint venture between two or more law firms and/or attorneys.
Responses to the RFP should include at least the following information: (1)
a description of the firm's qualifications for performing legal work in the
matters described previously, the names, experience, education, and expertise
of the attorneys who will be assigned to work on such matters, the availability
of the lead attorney and other firm personnel who will be assigned to work
on these matters, and appropriate information regarding efforts made by the
firm to encourage and develop the participation of minorities and women in
the provision of these legal services; (2) information relative to the capabilities,
location(s), and resources of the firm's offices which might serve the department's
requirements, including a summary of physical resources that would be assigned
to the department, and an organizational chart indicating the relevant areas
of responsibility of each attorney assigned to work on these matters; (3)
the submission of fee information (either in the form of hourly rates for
each attorney and paralegal who will be assigned to perform services in relation
to these matters, comprehensive flat fees, or other fee arrangements directly
related to the achievement of specific goals and cost controls) and billable
expenses; (4) an abstract of the firm's cost control procedures and how it
charges for its services; (5) a comprehensive description of the procedures
used by the firm to supervise the provision of legal services in a timely
and cost effective manner; (6) disclosures of conflicts of interest (identifying
each and every matter in which the firm has, within the past calendar year,
represented any entity or individual with an interest adverse to the Texas
Department of Transportation, or to the state of Texas or any of its boards,
agencies, commissions, universities, or elected or appointed officials); and
(7) confirmation of willingness to comply with the rules, policies, directives,
and guidelines of the department, the commission, and the Attorney General
of the state of Texas.
Note: The department is particularly concerned with issues of any conflict
of interest. Respondents are admonished to make all practicable efforts to
fully investigate, disclose, and address such conflicts.
Format and Person to Contact: Two copies of the proposal are requested.
The proposal should be typed, preferably double spaced, on 8 1/2 by 11 inch
paper with all pages sequentially numbered, and either stapled or bound together.
It should be sent by mail or delivered in person, marked "Response to Request
for Proposal" and addressed to General Counsel, Texas Department of Transportation,
125 East 11th Street, Austin, Texas 78701-2483. For questions, telephone the
Office of General Counsel at (512) 463-8630.
Deadline for Submission of Response: All proposals must be received by
the Texas Department of Transportation at the previously stated address no
later than 5:00 p.m., on September 11, 2006.
TRD-200603987
Bob Jackson
Interim General Counsel
Texas Department of Transportation
Filed: August 1, 2006
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Contract Award
Notice of Contract Award
Office of Consumer Credit Commissioner
Commission on State Emergency Communications
Texas Commission on Environmental Quality
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Texas Health and Human Services Commission
Texas Department of Housing and Community Affairs
HOME Investment Partnerships Program Notice of Funding Availability
Rental Portfolio Hurricane Relief Program: Program Policy and Notice of Funding Availability
Texas Department of Insurance
Texas Lottery Commission
Instant Game Number 740 "Wild Doubler"
Instant Game Number 832 "Scratchman Returns"
Public Utility Commission of Texas
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
Notice of Proceeding for 2006 Annual State Certification for Designation of Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds
Railroad Commission of Texas
Texas Residential Construction Commission
Stephen F. Austin State University
Texas A&M University, Board of Regents
Request for Proposal (RFP 06-0025)
Texas Department of Transportation
Request for Proposal - Outside Counsel
The University of Texas System