Texas State Affordable Housing Corporation
Notice of Public Hearing Regarding the Issuance of Bonds
Notice is hereby given of a public hearing to be held by the Texas State
Affordable Housing Corporation (the ''Issuer") at 12:00 p.m. on August 10,
2006 at 1005 Congress Avenue, Suite B10 (Conference Room), Austin, Texas 78701,
on the proposed issuance by the Issuer of one or more series of revenue bonds
(the ''Bonds") to provide financing for the acquisition of single family mortgages
in the State of Texas, pursuant to (i) its professional educators home loan
programs (the ''Professional Educators Project") and (ii) its fire fighter
and law enforcement or security officer home loan programs (the ''Fire Fighter
and Law Enforcement or Security Officer Project"). The maximum aggregate face
amount of the Bonds to be issued with respect to the Professional Educators
Project is $100,000,000 and the maximum aggregate face amount of the Bonds
to be issued with respect to the Fire Fighter and Law Enforcement or Security
Officer Project is $25,000,000. All interested persons are invited to attend
the public hearing to express orally, or in writing, their views on the Professional
Educators Project and the Fire Fighter and Law Enforcement or Security Officer
Project and the issuance of the Bonds. The Bonds shall not constitute or create
an indebtedness, general or specific, or liability of the State of Texas,
or any political subdivision thereof. The Bonds shall never constitute or
create a charge against the credit or taxing power of the State of Texas,
or any political subdivision thereof. Neither the State of Texas, nor any
political subdivision thereof shall in any manner be liable for the payment
of the principal of or interest on the Bonds or for the performance of any
agreement or pledge of any kind which may be undertaken by the Issuer and
no breach by the Issuer of any agreements will create any obligation upon
the State of Texas, or any political subdivision thereof. Further information
with respect to the proposed Bonds will be available at the hearing or upon
written request prior thereto addressed to David Long at the Texas State Affordable
Housing Corporation, 1005 Congress Avenue, Suite 500, Austin, Texas 78701;
1-888-638-3555 ext. 402.
Individuals who require auxiliary aids in order to attend this meeting
should contact Laura Smith, ADA Responsible Employee, at 1-888-638-3555, ext.
400 through Relay Texas at 1-800-735-2989 at least two days before the meeting
so that appropriate arrangements can be made.
Individuals may transmit written testimony or comments regarding the subject
matter of this public hearing to David Long at dlong@tsahc.org.
TRD-200603713
David Long
President
Texas State Affordable Housing Corporation
Filed: July 12, 2006
Texas Clean Air Act Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Clean Air
Act. Before the State may settle a judicial enforcement action under this
statute, the State shall permit the public to comment in writing on the proposed
judgment. The Attorney General will consider any written comments and may
withdraw or withhold consent to the proposed judgment if the comments disclose
facts or considerations that indicate that consent is inappropriate, improper,
inadequate, or inconsistent with the requirements of the statute.
Case Title and Court:
Harris County and State
of Texas v. Deer Park Refining Limited Partnership, Shell Oil Products Company,
LLC, Shell Chemical LP, and Shell Oil Company
, No. 2004-08107 in the
281st District Court of Harris County, Texas.
Nature of Defendants' Operations: Defendants operate an integrated refining,
petrochemical and lubricating oil facility in the 5900 block of Highway 225
East in Deer Park, Harris County, Texas.
Proposed Agreed Judgment: The judgment contains an injunction requiring
defendants to install and maintain in place at the refinery an environmental
management system that conforms to a certain ISO standard until otherwise
instructed by Harris County, but in any event, for at least five years. The
judgment also requires that defendants pay civil penalties of $100,000 to
be divided equally between Harris County and the State, and attorney's fees
of $2,850 to Harris County and $1,000 to the Office of the Attorney General.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to David
Preister, Assistant Attorney General, Office of the Texas Attorney General,
P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512)
320-0911. Written comments must be received within 30 days of publication
of this notice to be considered.
For information regarding this publication, contact
Lauri Saathoff, Agency Liaison, at (512) 463-2096.
TRD-200603669
Stacey Schiff
Deputy Attorney General
Office of the Attorney General
Filed: July 10, 2006
Request for Proposal
The Texas Building and Procurement Commission (TBPC), on behalf of the
Texas Department of Banking, announces the issuance of Request for Proposals
(RFP) #303-7-10023. TBPC seeks a 5-year lease of approximately 2,791 square
feet of office space in the Round Rock area, Williamson County, Texas.
The deadline for questions is July 21, 2006; and the deadline for proposals
is August 3, 2006 at 3:00 P.M. The award date is September 1, 2006. TBPC reserves
the right to accept or reject any or all proposals submitted. TBPC is under
no legal or other obligation to execute a lease on the basis of this notice
or the distribution of an RFP. Neither this notice nor the RFP commits TBPC
to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting
TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded
from the
Electronic State Business Daily
at
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=65862.
TRD-200603644
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: July 7, 2006
The Texas Building and Procurement Commission (TBPC), on behalf of the
Texas Department of Banking, announces the issuance of Request for Proposals
(RFP) #303-7-10024. TBPC seeks a 5-year lease of approximately 2,830 square
feet of office space in the San Antonio area, Bexar County, Texas.
The deadline for questions is July 21, 2006; and the deadline for proposals
is August 4, 2006 at 3:00 P.M. The award date is September 1, 2006. TBPC reserves
the right to accept or reject any or all proposals submitted. TBPC is under
no legal or other obligation to execute a lease on the basis of this notice
or the distribution of an RFP. Neither this notice nor the RFP commits TBPC
to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting
TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded
from the
Electronic State Business Daily
at
http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=65863.
TRD-200603645
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: July 7, 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 June 30, 2006,
through July 6, 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 July 12, 2006. The public comment
period for these projects will close at 5:00 p.m. on August 11, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: Brigham Oil and Gas LP
; Location:
The project is located on Palacios Point, approximately 8 miles south of Palacios,
in Matagorda County, Texas. Drill Pad 1 is in uplands and can be located on
the U.S.G.S. quadrangle map titled: Palacios Point, Texas. Approximate UTM
Coordinates in NAD 27 (meters): Zone 14; Easting: 772351; Northing: 3165588.
Drill Pad 2 will fill 1.02 acres of jurisdictional wetlands and can be located
on the U.S.G.S. quadrangle map titled: Palacios Point, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 773474; Northing: 3166584.
Drill Pad 3 is in uplands and can be located on the U.S.G.S. quadrangle map
titled: Palacios Point, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 14; Easting: 773733; Northing: 3165832. Drill Pad 4 will fill 1.02 acres
of jurisdictional wetlands and can be located on the U.S.G.S. quadrangle map
titled: Palacios Point, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 14; Easting: 774978; Northing: 3167026. Drill Pad 5 will fill 2.8 acres
of jurisdictional wetlands and can be located on the U.S.G.S. quadrangle map
titled: Palacios Point, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 14; Easting: 773891; Northing: 3165213. The mitigation area to be preserved
can be located on the U.S.G.S. quadrangle map titled: Palacios Point, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 772844;
Northing: 3167722. Project Description: The applicant proposes to install,
operate and maintain structures and equipment necessary for oil and gas drilling,
production and transportation activities. Such activities include the installation
of typical drill pads in 4 separate locations with attendant facilities, and
flowlines. This includes the placement of fill material into 4.84 acres of
jurisdictional wetlands for the drill pads and an additional 3.5 acres of
jurisdictional wetlands for the construction of access roads to the drill
pads. The applicant is proposing to drill multiple wells on each drill pad.
Multiple drilling locations are necessary due to complex geologically distinct
fault blocks within the target zone. Directional drilling techniques will
be employed to test shallow and deep reservoir objectives. The applicant proposes
to mitigate for the permanent filling of 8.34 acres of jurisdictional wetlands/waters
by preserving 40 acres of tidal marsh by permanent deed restriction. CCC Project
No.: 06-0320-F1; Type of Application: U.S.A.C.E. permit application #24079
is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Note: The consistency review for this project may be conducted by the Texas
Railroad Commission under §401 of the Clean Water Act.
Applicant: Brigham Oil and Gas LP
; Location:
The project is located in Matagorda Bay within State Tracts (ST's) 227, 228,
238, 239, 240, 278, 285, 295, 296, 303, 308, and 309 within Matagorda and
Calhoun Counties, Texas. ST 227 can be located on the U.S.G.S. quadrangle
map titled: Palacios Point, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 14; Easting: 770694; Northing: 3164115. ST 228 can be located on the
U.S.G.S. quadrangle map titled: Palacios Point, Texas. Approximate UTM Coordinates
in NAD 27 (meters): Zone 14; Easting: 772756; Northing: 3164074. ST 238 can
be located on the U.S.G.S. quadrangle map entitled: Palacios Point, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 774138;
Northing: 3164196. ST 239 can be located on the U.S.G.S. quadrangle map entitled:
Carancahua Pass, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone
14; Easting: 774453; Northing: 3165151. ST 240 can be located on the U.S.G.S.
quadrangle map entitled: Palacios Point, Texas. Approximate UTM Coordinates
in NAD 27 (meters): Zone 14; Easting: 775845; Northing: 3165324. ST 278 can
be located on the U.S.G.S. quadrangle map titled: Olivia, Texas. Approximate
UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 756360; Northing: 3171063.
ST 285 can be located on the U.S.G.S. quadrangle map entitled: Turtle Bay,
Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 757224;
Northing: 3171073. ST 295 can be located on the U.S.G.S. quadrangle map entitled:
Carancahua Pass, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone
14; Easting: 765473; Northing: 3167456. ST 296 can be located on the U.S.G.S.
quadrangle map entitled: Carancahua Pass, Texas. Approximate UTM Coordinates
in NAD 27 (meters): Zone 14; Easting: 765453; Northing: 3168472. ST 303 can
be located on the U.S.G.S. quadrangle map entitled: Carancahua Pass, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 768298;
Northing: 3168980. ST 307 can be located on the U.S.G.S. quadrangle map entitled:
Carancahua Pass, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone
14; Easting: 769354; Northing: 3166744. ST 308 can be located on the U.S.G.S.
quadrangle map entitled: Carancahua Pass, Texas. Approximate UTM Coordinates
in NAD 27 (meters): Zone 14; Easting: 770340; Northing: 3169000. Project Description:
The applicant proposes to install, operate and maintain structures and equipment
necessary for oil and gas drilling, production and transportation activities.
Each proposed action under this oil field development permit requires specific
project review and authorization. Such activities include the dredging of
access channels, installation of typical marine barges and keyways, shell
and gravel pads, production structures with attendant facilities, and flowlines.
CCC Project No.: 06-0321-F1; Type of Application: U.S.A.C.E. permit application
#24215 is being evaluated under §10 of the Rivers and Harbors Act of
1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Note: The consistency review for this project may be conducted by the Texas
Railroad Commission under §401 of the Clean Water Act.
Applicant: Apache Corporation
; Location:
The project is located in the Gulf of Mexico, in federal waters, in Sabine
Pass Area Blocks 17 and 10, offshore, Texas. The project can be located on
the U.S.G.S. quadrangle map entitled: Port Arthur, Texas. Approximate UTM
Coordinates in NAD 27 (meters) of the Caisson No. 5: Zone 15; Easting: 422834;
Northing: 3267044. Approximate UTM Coordinates in NAD 27 (meters) of the Platform
"A": Zone 15; Easting: 424315; Northing: 3263213. Project Description: The
applicant proposes to install a 6.625-inch diameter bulk gas pipeline to produce
the Well No. 5 in Block 17. The 15,422-foot (2.92-mile) pipeline will cross
the Sabine Pass Safety Fairway in Sabine Pass Area Block 17, and terminate
at an existing Platform "A" in Block 10. The pipeline will be buried at a
minimum of 10 feet within the safety fairway. The water depth at this location
is 43 feet deep. CCC Project No.: 06-0338-F1; Type of Application: U.S.A.C.E.
permit application #24248 is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: F-W Oil Exploration LLC
; Location:
The project is located in the Gulf of Mexico, in federal waters, in North
Padre Island Blocks 996 and 997, offshore, Texas. The project can be located
on the U.S.G.S. quadrangle maps entitled: Port Mansfield, Texas and Port Isabel,
Texas. Approximate UTM Coordinates in NAD 27 (meters) of the Platform "A"
Well: Zone 14; Easting: 697379; Northing: 2958300. Approximate UTM Coordinates
in NAD 27 (meters) of the subsea tie-in: Zone 14; Easting: 706226; Northing:
2955935. Project Description: The applicant proposes to install an 8.625-inch
diameter natural gas and condensate pipeline to produce the North Padre Island
Platform "A" Well in Block 998. The 30,040-foot (5.69-mile) pipeline will
cross the Brazos Santiago Safety Fairway in North Padre Island Blocks 997
and 996. The pipeline will be buried at a minimum of 10 feet within the safety
fairway. The water depth at this location is 125 feet deep. CCC Project No.:
06-0339-F1; Type of Application: U.S.A.C.E. permit application #24249 is being
evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Martin Operating Partnership
;
Location: The project is located along the Gulf Intracoastal Waterway, at
3653 West Adams Avenue, in Port O'Connor, Calhoun County Texas. The project
can be located on the U.S.G.S. quadrangle map titled: Port O'Connor, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 749895;
Northing: 3146764. Project Description: The applicant proposes to intermittently
perform mechanical maintenance dredging on two existing barge slips to the
previously authorized depth of 12.0 feet below mean low tide for a period
of ten years. Each maintenance cycle will remove approximately 19,260 cubic
yards of material from the slips, said material to be placed in an on-site,
upland, dredged material placement area. CCC Project No.: 06-0343-F1; Type
of Application: U.S.A.C.E. permit application #13602(03) is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
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-200603681
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 11, 2006
The Coastal Coordination Council (Council) is submitting its Coastal Management
Program (CMP) changes to the Office of Ocean and Coastal Resource Management
(OCRM) in the National Oceanic and Atmospheric Administration (NOAA) to obtain
NOAA's approval. The Coastal Zone Management Act requires that the Council
notify OCRM of any proposed change to Texas' approved CMP (16 U.S.C. §1455(e)(1)).
This program change package addresses changes to the CMP since its approval
by NOAA in December 1996.
The majority of the Council's program change package involves Council rule
changes since January 1997. These rule changes may be found in 31 Texas Administrative
Code (TAC) Chapters 501, 503, 504, 505, and 506. The program change package
also includes an amended Memorandum of Agreement between the Council and the
U.S. Army Corps of Engineers, which was part of the CMP approved by NOAA,
in Appendix E1 of the Texas CMP Final Environmental Impact Statement, August
1996.
The program changes address several categories: Program Administration
and Council Procedures (various sections in 31 TAC Chapters 501, 505 and 506);
CMP Boundary (§501.3(b)(5) and §503.1); Permitting Assistance Program
(Chapter 504); Natural Resource Damage Assessment Restoration Plans (§506.12(a)(1)(F)(ii)
and §506.20(c)); Total Maximum Daily Loads (§501.21(a)(4) and §506.12(a)(2)(A)(iv));
Shore Protection Projects (§501.26); and Federal Consistency Requirements
(various sections in Chapter 506).
There are no new enforceable policies to be added to the CMP with these
program changes. However, the following two policies have been amended: Discharge
of Municipal and Industrial Wastewater to Coastal Waters (31 TAC §501.21)
and Construction in the Beach/Dune System (31 TAC §501.26).
The Council considers the program changes to be routine program changes,
and has requested the OCRM's concurrence in that determination. A routine
program change is the further detailing of a state CMP that does not result
in a substantial change to one or more of the following five program areas
listed in 15 CFR §923.80(d): uses subject to management; special management
areas; boundaries; authorities and organization; and coordination, public
involvement and the national interest.
The Council solicits public comment regarding whether the program changes
constitute routine program changes. Comments may be submitted to the OCRM
within three weeks of the date of publication of this notice in the Texas
Register. Please address comments to Ms. Carrie Hall, Coastal Program Specialist,
National Oceanic and Atmospheric Administration, Office of Ocean and Coastal
Resource Management, 1305 East-West Hwy., Silver Spring, MD 20910-3278, carrie.hall@noaa.gov.
The program change package and the FEIS, as well as information concerning
the Council and its duties, may be found on the Texas General Land Office
website at http://www.glo.state.tx.us/coastal/ccc.html. To receive a copy
of the program change package, please send a written request to Ms. Deborah
Cantu, Texas Register Liaison, Texas General Land Office, P.O. Box 12873,
Austin, Texas, 78711-2873, deborah.cantu@glo.state.tx.us, facsimile (512)
463-6311.
TRD-200603680
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 11, 2006
Notice of Intent to Renew Consulting Contract
Pursuant to Chapter 2254, Subchapter B, Chapter 403, Texas Government Code,
the Comptroller of Public Accounts (Comptroller) announces this notice of
intent to renew and extend a major consulting services contract in connection
(previously bid under RFP No. 173a) for statistician consulting services to
advise the Comptroller on statistical issues and provide other related services
for the coming fiscal year in connection with the Comptroller's annual Property
Value Study (Study).
Comptroller announces that the contract with Analytical Systems, Inc.,
20 Colony Park Circle, P.O. Box 3041, Galveston, Texas 77551-3041, is being
renewed and will be amended effective September 1, 2006, through August 31,
2007. The total amount of this contract is not-to-exceed $30,000.00. The original
term of the contract is December 7, 2005 through August 31, 2006. The reports
submitted under this contract will be due on or before August 31, 2007.
The notice of request for proposals (RFP #173a) was first published in
the August 26, 2005, issue of the
Texas Register
(30 TexReg 5046).
TRD-200603689
Pamela Smith
Deputy General Counsel, Contracts
Comptroller of Public Accounts
Filed: July 11, 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 07/17/06 - 07/23/06 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit through
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 07/17/06 - 07/23/06 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-200603670
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 11, 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,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
August 21, 2006
.
Section 7.075 also requires that the commission promptly consider any written
comments received and that the commission may withhold approval of an AO if
a comment discloses facts or considerations that indicate the proposed AO
is inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean
Air Act (the Act). Additional notice is not required if changes to an AO are
made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on August 21, 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 should be submitted to the commission in
writing
.
(1) COMPANY: BP Products North America, Inc.; DOCKET NUMBER: 2006-0310-AIR-E;
IDENTIFIER: Regulated Entity Reference Number (RN) RN102535077; LOCATION:
Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery;
RULE VIOLATED: THSC, §382.085(a), by allowing unauthorized emissions;
and 30 TAC §101.20(3) and §116.715(a), New Source Review Flexible
Air Permit Number 47256/PSD-TX-402M2, and THSC, §382.085(b), by failing
to comply with permitted emissions limits; PENALTY: $40,000; ENFORCEMENT COORDINATOR:
Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Cal Farley's Boys Ranch; DOCKET NUMBER: 2006-0331-MWD-E; IDENTIFIER:
RN101720548; LOCATION: Amarillo, Potter County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §305.42(a) and §305.63(a), by failing
to submit an application for the renewal of the wastewater permit; and 30
TAC §30.350(j), by failing to employ a wastewater treatment operator
holding the required level of license for the facility; PENALTY: $2,000; ENFORCEMENT
COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 3918 Canyon Drive,
Amarillo, Texas 79109-4933, (806) 353-9251.
(3) COMPANY: Ajit Durol dba Cherry Lane Food Mart; DOCKET NUMBER: 2006-0755-PST-E;
IDENTIFIER: RN101642791; LOCATION: White Settlement, Tarrant County, Texas;
TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods;
PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Chevron Pipe Line Company; DOCKET NUMBER: 2006-0366-AIR-E;
IDENTIFIER: RN104320924; LOCATION: Angleton, Brazoria County, Texas; TYPE
OF FACILITY: pipeline; RULE VIOLATED: THSC, §382.085(a), by failing to
prevent unauthorized emissions; PENALTY: $10,000; ENFORCEMENT COORDINATOR:
Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2006-0252-AIR-E; IDENTIFIER:
RN101619179; LOCATION: Old Ocean, Brazoria County, Texas; TYPE OF FACILITY:
oil refinery; RULE VIOLATED: 30 TAC §116.115(c), Permit Numbers 2682A,
5682A, and 5920A, and THSC, §382.085(b), by failing to prevent unauthorized
emissions; and 30 TAC §101.201(a)(1)(B) and (b)(8) and THSC, §382.085(b),
by failing to submit initial notification of a reportable event and by failing
to submit an accurate final report after an emissions event; PENALTY: $96,296;
ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Robert Vincent Hart; DOCKET NUMBER: 2006-0776-PWS-E; IDENTIFIER:
RN103715892; LOCATION: New Braunfels, Comal County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain
a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa
Keller, (512) 239-1768; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas
78233-4480, (210) 490-3096.
(7) COMPANY: Curtis Houck; DOCKET NUMBER: 2006-0858-OSI-E; IDENTIFIER:
RN103824405; LOCATION: Abilene, Taylor County, Texas; TYPE OF FACILITY: on-site
sewage; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required
occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller,
(512) 239-1768; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas
79602-7833, (915) 698-9674.
(8) COMPANY: Jose R. Garcia dba Joe's Texaco; DOCKET NUMBER: 2005-0530-PST-E;
IDENTIFIER: RN102035136; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF
FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial
assurance; and 30 TAC §334.22(a) and the Code, §5.702, by failing
to pay underground storage tank (UST) fees; PENALTY: $2,520; ENFORCEMENT COORDINATOR:
Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 1804 West Jefferson Avenue,
Harlingen, Texas 78550-5247, (956) 425-6010.
(9) COMPANY: Kempenaar Real Estate, Limited dba Still Meadow Dairy; DOCKET
NUMBER: 2006-0415-AGR-E; IDENTIFIER: RN101523629; LOCATION: Como, Hopkins
County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31(a)
and the Code, §26.121(a), by failing to prevent the discharge of wastewater;
30 TAC §321.44(a) and (b)(1) and Confined Animal Feeding Operating (CAFO)
General Permit Number TXG920000 Part III.A.5(c) and IV.B.(5), by failing to
orally notify the executive director and appropriate regional office of a
discharge from the facility and by failing to collect and analyze a grab sample
of the unauthorized discharge for five-day biochemical oxygen demand, total
coliform, fecal coliform, total dissolved solids, total suspended solids,
nitrate, ammonia nitrogen, total phosphorus, and pesticides; and 30 TAC §321.36(1)
and CAFO General Permit Number TXG920000 Part III.A.10(c), by failing to collect
four animal carcasses and properly dispose of them within three days of death;
PENALTY: $5,265; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL
OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(10) COMPANY: City of Kennedale; DOCKET NUMBER: 2006-0396-MWD-E; IDENTIFIER:
RN101248656; LOCATION: Kennedale, Tarrant County, Texas; TYPE OF FACILITY:
wastewater collection system; RULE VIOLATED: the Code, §26.121(a), by
failing to prevent the unauthorized discharge of wastewater; PENALTY: $4,000;
ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Kriewaldt Tree Care, Inc.; DOCKET NUMBER: 2006-0488-MSW-E;
IDENTIFIER: RN104796503; LOCATION: New Braunfels, Comal County, Texas; TYPE
OF FACILITY: recycling center; RULE VIOLATED: 30 TAC §37.921 and §328.5(d),
by failing to obtain and submit financial assurance; PENALTY: $1,120; ENFORCEMENT
COORDINATOR: Alison Echlin, (512) 239-3308; REGIONAL OFFICE: 14250 Judson
Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(12) COMPANY: Chil L. Baldridge dba Lou's All Season Market; DOCKET NUMBER:
2006-0473-PST-E; IDENTIFIER: RN102019809; LOCATION: Deer Park, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual
or automatic inventory control procedures for the UST system; and 30 TAC §334.50(d)(1)(B)(ii)
and the Code, §26.3475(c)(1), by failing to provide proper release detection;
PENALTY: $3,680; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Meador Chrysler-Plymouth, Inc. dba Meador Chrysler Jeep;
DOCKET NUMBER: 2006-0622-PST-E; IDENTIFIER: RN102050481; LOCATION: Fort Worth,
Tarrant County, Texas; TYPE OF FACILITY: automobile dealership; RULE VIOLATED:
30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial
assurance; PENALTY: $800; ENFORCEMENT COORDINATOR: Christina Martinez, (512)
239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(14) COMPANY: City of New Summerfield; DOCKET NUMBER: 2005-1931-PWS-E;
IDENTIFIER: RN102692621; LOCATION: New Summerfield, Cherokee County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4)
and THSC, §341.0315(c), by exceeding the maximum contaminant level for
total trihalomethanes; PENALTY: $325; ENFORCEMENT COORDINATOR: Samuel Short,
(512) 239-5363; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(15) COMPANY: City of Prairie View; DOCKET NUMBER: 2006-0205-MWD-E; IDENTIFIER:
RN103769865; LOCATION: Prairie View, Waller County, Texas; TYPE OF FACILITY:
sanitary sewer lift station; RULE VIOLATED: the Code, §26.121(a), by
failing to prevent the unauthorized discharge of raw sewage; PENALTY: $2,600;
ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: Mike Moyers dba Sandy Creek Farm; DOCKET NUMBER: 2006-0354-AGR-E;
IDENTIFIER: RN104321625; LOCATION: Bridgeport, Wise County, Texas; TYPE OF
FACILITY: dairy; RULE VIOLATED: 30 TAC §321.47(d)(3) and (5), (f)(3)
and (11), (g)(2), and (i), by failing to provide certification by a licensed
Texas professional engineer, by failing to provide certification that no significant
hydrologic connection exists between the wastewater in the retention control
structure and water in the state, by failing to conduct an annual analysis
of at least one representative sample of irrigation wastewater and one representative
sample of manure/litter for total nitrogen, total phosphorus, and total potassium,
by failing to develop and utilize the required land application information,
by failing to annually collect and analyze representative soil samples from
the land management unit prior to commencing wastewater irrigation or manure
application, and by failing to maintain on site all required records; PENALTY:
$4,708; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(17) COMPANY: Peter Ritenour dba Super Cleaners Sweeny; DOCKET NUMBER:
2006-0633-DCL-E; IDENTIFIER: RN103956025; LOCATION: Sweeny, Brazoria County,
Texas; TYPE OF FACILITY: dry cleaner 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: $624; ENFORCEMENT COORDINATOR: Harvey Wilson,
(512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(18) COMPANY: Jim Evans dba Terrell Sand & Recycling; DOCKET NUMBER:
2006-0346-WQ-E; IDENTIFIER: RN104251616; LOCATION: Rockwall, Rockwall County,
Texas; TYPE OF FACILITY: sand and gravel mining operation; RULE VIOLATED:
30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c),
by failing to obtain authorization to discharge storm water associated with
an industrial activity; PENALTY: $1,744; ENFORCEMENT COORDINATOR: Brian Lehmkuhle,
(512) 239-4482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(19) COMPANY: Alex Addy dba USA Truck Stop; DOCKET NUMBER: 2006-0552-PWS-E;
IDENTIFIER: RN101228773; LOCATION: Channelview, Harris County, Texas; TYPE
OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i)
and THSC, §341.033(d), by failing to collect and submit routine monthly
water samples for bacteriological analysis; and 30 TAC §290.122(c)(2)(B),
by failing to provide public notification of the failure to conduct the routine
sampling; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(20) COMPANY: Western Gas Resources, Inc.; DOCKET NUMBER: 2006-0439-AIR-E;
IDENTIFIER: RN100223890; LOCATION: Midkiff, Upton County, Texas; TYPE OF FACILITY:
natural gas liquids recovery plant; RULE VIOLATED: 30 TAC §§116.110(a)(4),
106.4(c), 106.6(c), 106.492, 106.352, 106.512(2)(A), Permit by Rule Registration
Number 48309, and THSC, §382.085(b), by failing to comply with permitted
emissions limits and maintain emissions control equipment in good condition;
PENALTY: $42,000; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL
OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404,
(915) 570-1359.
TRD-200603696
Stephanie Bergeron Perdue
Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: July 12, 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 (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
August 21, 2006.
Section
7.075 also requires that the commission promptly consider any written comments
received and that the commission may withhold approval of an AO if a comment
discloses facts or considerations that indicate the proposed AO is inappropriate,
improper, inadequate, or inconsistent with the requirements of the Code, the
Texas Health and Safety Code (THSC), the Texas Clean Air Act (the Act), and/or
Texas Occupations Code. Additional notice is not required if changes to an
AO are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the
commission's central office, located at 12100 Park 35 Circle, Building C,
1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional
office listed as follows. Written comments about an AO should be sent to the
enforcement coordinator designated for each AO at the commission's central
office at P.O. Box 13087, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on August 21, 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: ABF Freight System, Inc.; DOCKET NUMBER: 2006-0135-PST-E;
IDENTIFIER: Regulated Entity Reference Number (RN) RN101628394; LOCATION:
El Paso, El Paso County, Texas; TYPE OF FACILITY: freight forwarder and transporter;
RULE VIOLATED: 30 TAC §334.51(b)(2)(B) and the Code, §26.3475(c)(2),
by failing to equip the fill tube of the tank with either an attached spill
container or catchment basin or enclose it in a liquid-tight manway, riser,
or sump; 30 TAC §334.10(b), by failing to make available legible copies
of all required underground storage tank (UST) records; 30 TAC §334.50(d)(1)(B)(ii)
and (iii)(I), and the Code, §26.3475(c)(1), by failing to conduct reconciliation
of detailed inventory control records and by failing to record inventory volume
measurement; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a
legible tag, label, or marking with the tank number is permanently applied
upon or affixed to either the top of the fill tube or to a nonremovable point
in the immediate area of the fill tube; PENALTY: $4,000; ENFORCEMENT COORDINATOR:
Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 401 East Franklin Avenue,
Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(2) COMPANY: Adeel, Inc. dba Carson Food Market; DOCKET NUMBER: 2006-0182-PST-E;
IDENTIFIER: RN101535953; LOCATION: Haltom City, Tarrant County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.48(c), by failing to properly conduct effective manual or
automatic inventory control procedures for all USTs; 30 TAC §115.248(1)
and THSC, §382.085(b), by failing to obtain the Stage II station representative
certification and to provide in-house training to each/all current employee(s);
30 TAC §115.246(1) and THSC, §382.085(b), by failing to have a copy
of the California Air Resources Board (CARB) Executive Order for the Stage
II vapor recovery system (VRS); 30 TAC §334.49(c)(2)(C) and (4)(C), and
the Code, §26.3475(d), by failing to inspect the impressed current cathodic
protection system and by failing to inspect and test the cathodic protection
system for operability and adequacy of protection; 30 TAC §334.50(a)(1)(A)
and (d)(1)(B)(iii)(II), and the Code, §26.3475(c)(1), by failing to provide
a method of release detection and by failing to have an accurate means of
measuring the level of stored substance over the full range of the tank's
height to the nearest 1/8 of an inch; 30 TAC §334.7(d)(3), by failing
to provide an amended UST registration; 30 TAC §334.45(c)(3)(A), by failing
to install an emergency shutoff valve on each pressurized delivery or product
line and ensure that it is securely anchored at the base of the dispenser;
30 TAC §334.54(d)(2), by failing to ensure that any residue from stored
regulated substances which remain in the temporarily out of service UST did
not exceed a depth of 2.5 centimeters at the deepest point; 30 TAC §334.72(2),
by failing to report a suspected release within 24 hours of a failing tank
tightness test; 30 TAC §334.74(2), by failing to investigate a suspected
release and conduct a site check after receiving a failing tank tightness
test result; 30 TAC §115.245(2) and THSC, §382.085(b), by failing
to verify proper operation of the Stage II equipment; and 30 TAC §115.242(3)(A)
and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper
operating condition, as specified by the manufacturer and/or any applicable
CARB Executive Order(s); PENALTY: $28,000; ENFORCEMENT COORDINATOR: Judy Kluge,
(817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(3) COMPANY: Altaf Food Store, Inc. dba Pennysaver Foodstore; DOCKET NUMBER:
2006-0235-PST-E; IDENTIFIER: RN101447209; LOCATION: Addison, Dallas County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii), and the Code, §26.3475(c)(1),
by failing to ensure that all tanks are monitored in a manner which will detect
a release and by failing to conduct reconciliation of detailed inventory control
records; 30 TAC §334.7(a)(1), by failing to properly register the UST
system; 30 TAC §334.49(a)(4) and the Code, §26.3475(d), by failing
to provide corrosion protection to all underground components of a UST system;
and 30 TAC §334.48(a) and (c), by failing to prevent an unauthorized
discharge of gasoline and by failing to properly conduct effective manual
or automatic inventory control procedures; PENALTY: $7,040; ENFORCEMENT COORDINATOR:
Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(4) COMPANY: City of Alvarado; DOCKET NUMBER: 2006-0404-MLM-E; IDENTIFIER:
RN101394385; LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY:
municipal public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i)
and (iii), and THSC, §341.0315(c), by failing to provide two or more
wells with a total well capacity of 0.6 gallons per minute (gpm) per connection
and by failing to provide two or more service pumps with a total service capacity
of two gpm per connection; 30 TAC §290.43(c)(3)(B), by failing to provide
a well casing that is at least 18 inches above the elevation of the finished
floor of the pump house or natural ground surface; 30 TAC §290.44(h)(4)(C),
by failing to demonstrate that backflow prevention devices had been tested
for proper operation; 30 TAC §290.41(c)(3)(J), (K), (M), and (N), by
failing to repair the cracked concrete sealing blocks, by failing to provide
well number six with a screened casing vent, by failing to provide a suitable
sampling tap, and by failing to provide a flow meter; 30 TAC §290.46(m)(4),
by failing to maintain all water system distribution lines and related appurtenances;
30 TAC §290.43(e), by failing to maintain intruder-resistant fences and
gates; and 30 TAC §288.20, by failing to provide a drought contingency
plan; PENALTY: $3,120; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210)
490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(5) COMPANY: Arthur Thompson Post Number 8905, Veterans of Foreign Wars
of the United States, Cypress, Texas; DOCKET NUMBER: 2006-0318-PWS-E; IDENTIFIER:
RN101652147; LOCATION: Cypress, Harris County, Texas; TYPE OF FACILITY: recreational
facility with public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i)
and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect
routine water samples for bacteriological analysis and by failing to post
a public notification of that failure; and 30 TAC §290.51(a)(3) and the
Code, §5.702, by failing to pay water system and public health service
fees; PENALTY: $1,980; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(6) COMPANY: Dennis O. Brito; DOCKET NUMBER: 2006-0204-LII-E; IDENTIFIER:
RN103543013; LOCATION: Irving, Dallas County, Texas; TYPE OF FACILITY: general
contractor; RULE VIOLATED: 30 TAC §30.5(a) and §344.4(a), the Code, §37.003(a),
and Texas Occupations Code, §1903.251, by failing to hold an irrigator
license prior to selling, designing, consulting, installing, maintaining,
altering, repairing, or servicing an irrigation system; PENALTY: $500; ENFORCEMENT
COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: City of Buda; DOCKET NUMBER: 2006-0390-WQ-E; IDENTIFIER: RN104917109;
LOCATION: Buda, Hays County, Texas; TYPE OF FACILITY: construction site; RULE
VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c),
by failing to obtain authorization to discharge storm water associated with
construction activities; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Lynley
Doyen, (512) 239-1364; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150,
Austin, Texas 78758-5336, (512) 339-2929.
(8) COMPANY: Choice Petroleum, Inc. dba Gators 2; DOCKET NUMBER: 2006-0274-PST-E;
IDENTIFIER: RN102049053; LOCATION: Beaumont, Jefferson County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.10(b), by failing to maintain the UST records and make them
immediately available for inspection upon request; 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to monitor USTs for releases;
and 30 TAC §334.48(c), by failing to conduct effective manual or automatic
inventory control procedures for all USTs; PENALTY: $4,651; ENFORCEMENT COORDINATOR:
Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(9) COMPANY: Cibolo Grocery Store, Inc.; DOCKET NUMBER: 2006-0226-PST-E;
IDENTIFIER: RN104568753; LOCATION: San Antonio, Bexar County, Texas; TYPE
OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED:
30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing
to ensure that all tanks are monitored in a manner which will detect a release;
and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag,
label, or marking with the tank number is permanently applied upon or affixed
to either the top of the fill tube or to a nonremovable point in the immediate
area of the fill tube; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Steven Mahr,
(512) 239-6017; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(10) COMPANY: Mansoor Khawaja dba CJ's One Stop 2; DOCKET NUMBER: 2006-0172-PWS-E;
IDENTIFIER: RN101797504; LOCATION: Porter, Montgomery County, Texas; TYPE
OF FACILITY: gas station with public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i)
and THSC, §341.033(d), by failing to conduct routine monthly bacteriological
analysis; PENALTY: $1,313; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210)
490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(11) COMPANY: Arthur M. Gonzalez dba David's Superette; DOCKET NUMBER:
2006-0197-PST-E; IDENTIFIER: RN101752947; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable
financial assurance; PENALTY: $2,568; ENFORCEMENT COORDINATOR: Steven Mahr,
(512) 239-6017; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(12) COMPANY: Enbridge Pipelines East Texas L.P.; DOCKET NUMBER: 2006-0092-AIR-E;
IDENTIFIER: RN100224914; LOCATION: Lanley, Freestone County, Texas; TYPE OF
FACILITY: natural gas treating; RULE VIOLATED: 30 TAC §116.115(b)(2)(F),
Air Permit Number 31352, and THSC, §382.085(b), by failing to comply
with permitted emission limits; PENALTY: $15,680; ENFORCEMENT COORDINATOR:
Amy Burgess, (512) 239-2540; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500,
Waco, Texas 76710-7826, (254) 751-0335.
(13) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2005-0644-AIR-E;
IDENTIFIER: RN102450756; LOCATION: Beaumont, Jefferson County, Texas; TYPE
OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.201(b)(7)
and (c), and THSC, §382.085(b), by failing to include the compound descriptive
type of all individually listed compounds or mixtures of air contaminants
in the final record and by failing to submit a copy of the final record of
an emissions event; and 30 TAC §116.116(a)(1) and THSC, §382.085(b),
by failing to obtain regulatory authority or to meet the demonstration requirements
of 30 TAC §101.222 for emissions; PENALTY: $21,493; ENFORCEMENT COORDINATOR:
John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(14) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2006-0132-AIR-E;
IDENTIFIER: RN100542844; LOCATION: Beaumont, Jefferson County, Texas; TYPE
OF FACILITY: petrochemical manufacturing; RULE VIOLATED: 30 TAC §101.201(c)
and THSC, §382.085(b), by failing to submit a copy of the final record
for a reportable emissions event; and 30 TAC §101.20(3) and §116.115(b)(2)(F)
and (c), Air New Source Review Permit Number 7799/PSD-TX-860, and THSC, §382.085(b),
by failing to maintain an emission rate below the allowable emission limits;
PENALTY: $10,093; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(15) COMPANY: Jarrell Texaco, Inc.; DOCKET NUMBER: 2006-0181-PST-E; IDENTIFIER:
RN101310316; LOCATION: Jarrell, Williamson County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4)
and the Code, §26.3475(d), by failing to inspect and test the cathodic
protection system for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A)
and the Code, §26.3475(c)(1), by failing to monitor USTs for releases;
30 TAC §334.48(c), by failing to conduct effective manual or automotive
inventory control procedures for all USTs; and 30 TAC §334.7(d)(3), by
failing to notify the agency of any change or additional information on the
registration; PENALTY: $6,120; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512)
239-0577; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas
78758-5336, (512) 339-2929.
(16) COMPANY: Jerry, Jr. Inc. dba Country Store; DOCKET NUMBER: 2006-0256-PST-E;
IDENTIFIER: RN101444677; LOCATION: Cotulla, La Salle 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 §334.50(a)(1)(A) and the Code, §26.3475(c)(1),
by failing to provide proper release detection; PENALTY: $3,240; ENFORCEMENT
COORDINATOR: Christina Martinez, (512) 239-0739; REGIONAL OFFICE: 14250 Judson
Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(17) COMPANY: City of Laredo; DOCKET NUMBER: 2005-1996-MLM-E; IDENTIFIER:
RN100524099 and RN103026043; LOCATION: Laredo, Webb County, Texas; TYPE OF
FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(a) and (b)(2)(F)
and THSC, §341.0315(c), by failing to provide an elevated storage capacity
of 111 gallons per connection or a pressure tank capacity of 22.2 gallons
per connection for each pressure plane, by failing to provide a total storage
capacity of 222 gallons per connection for each pressure plane, and by failing
to provide a service pump capacity that provides each pump station or pressure
plane with two or more pumps that have a total capacity of two gpm per connection
or that have a total capacity of at least 1,000 gpm and the ability to meet
peak hourly demands; 30 TAC §290.44(d)(2), by failing to acquire plan
approval for service connections that require booster pumps; 30 TAC §290.46(m),
(q)(1), and (r), by failing to ensure the good working condition and general
appearance of the system's facilities and equipment, by failing to issue a
boil water notification, and by failing to maintain a minimum pressure of
35 pounds per square inch throughout the distribution system; 30 TAC §290.42(d)(5)
and §290.45(a), by failing to provide a flow measuring device; 30 TAC §290.43(c)(3),
by failing to design overflows in strict accordance with current American
Water Works Association standards; and 30 TAC §305.125(1), Texas Pollutant
Discharge Elimination System Permit Number 10681-002, and the Code, §26.121(a),
by failing to comply with permit effluent limits; PENALTY: $45,300; ENFORCEMENT
COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson
Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(18) COMPANY: Milwhite, Inc.; DOCKET NUMBER: 2006-0268-AIR-E; IDENTIFIER:
RN100826361; LOCATION: Van Horn, Culberson County, Texas; TYPE OF FACILITY:
talc manufacturing; RULE VIOLATED: 30 TAC §116.115(c) and THSC, §382.085(b),
by failing to install permanently mounted spray bars on the primary crusher;
PENALTY: $600; ENFORCEMENT COORDINATOR: Amy Burgess, (512) 239-2540; REGIONAL
OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915)
834-4949.
(19) COMPANY: Moss Bluff Hub Partners, L.P.; DOCKET NUMBER: 2006-0231-AIR-E;
IDENTIFIER: RN100217256; LOCATION: Liberty, Liberty County, Texas; TYPE OF
FACILITY: natural gas storage; RULE VIOLATED: THSC, §382.085(a), by failing
to meet the demonstrations for an affirmative defense; PENALTY: $70,000; ENFORCEMENT
COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(20) COMPANY: Gary Stahlheber dba Oakridge Mobile Home Park; DOCKET NUMBER:
2005-2061-OSS-E; IDENTIFIER: RN104609250; LOCATION: Pearland, Brazoria County,
Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.70
and the Code, §26.121(a), by failing to operate and maintain the on-site
sewage facility (OSSF) to prevent the unauthorized discharge of sewage; 30
TAC §285.7(c)(2)(B), by failing to have an annual maintenance contract
for the OSSF to ensure that proper maintenance is being performed; 30 TAC §285.34(b)(1)
and §285.70, by failing to maintain water-tight seals on two pumps at
the site; and 30 TAC §285.3(a), by failing to obtain a permit to make
repairs and alterations to the OSSF; PENALTY: $1,320; ENFORCEMENT COORDINATOR:
Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(21) COMPANY: Parker-Hannifin Corporation; DOCKET NUMBER: 2006-0203-AIR-E;
IDENTIFIER: RN100218726; LOCATION: Nacogdoches, Nacogdoches County, Texas;
TYPE OF FACILITY: rubber gaskets and seals manufacturing; RULE VIOLATED: 30
TAC §§122.143(4), 122.145(2)(A), and 122.146(5)(D), Federal Operating
Permit Number 1101, and THSC, §382.085(b), by failing to report an emissions
event in a deviation report and to reference the event on the annual compliance
certification; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Daniel Siringi, (409)
898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(22) COMPANY: Marjorie Powell; DOCKET NUMBER: 2006-0234-LII-E; IDENTIFIER:
RN104479316; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: landscape
irrigation; RULE VIOLATED: 30 TAC §30.5(b) and §344.58(b), the Code, §37.003,
and Texas Occupations Code, §1903.251, by failing to refrain from using
or attempting to use the license of someone else who is a licensed irrigator
or installer and by failing to refrain from advertising or representing themselves
to the public as a holder of a license or registration unless they possess
a current license or registration; PENALTY: $200; ENFORCEMENT COORDINATOR:
Carolyn Lind, (905) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(23) COMPANY: Roger Rutledge; DOCKET NUMBER: 2006-0159-LII-E; IDENTIFIER:
RN104858907; LOCATION: Eastland, Eastland County, Texas; TYPE OF FACILITY:
irrigator; RULE VIOLATED: 30 TAC §30.5(a) and §344.4(a), the Code, §37.003,
and Texas Occupations Code, §1903.251, by failing to hold an irrigator
license prior to selling, designing, consulting, installing, maintaining,
altering, repairing, or servicing an irrigation system; PENALTY: $1,500; ENFORCEMENT
COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1977 Industrial
Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(24) COMPANY: Weldon W. Alders dba Southampton Subdivision and dba Meadow
Glen Crystal Springs Water; DOCKET NUMBER: 2006-0217-PWS-E; IDENTIFIER: RN101239887
and RN101220580; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and (iii),
and THSC, §341.0315(c), by failing to provide a storage capacity of 200
gallons per connection and by failing to provide two or more pumps having
a total capacity of two gpm per connection; 30 TAC §290.110(e)(4), by
failing to submit a quarterly distribution report; 30 TAC §290.121(a),
by failing to maintain an up-to-date chemical and microbiological monitoring
plan; and 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection
of the water system's pressure tank and by failing to initiate maintenance
and housekeeping practices to ensure the good working condition and general
appearance of the system's facilities and equipment; PENALTY: $7,728; ENFORCEMENT
COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(25) COMPANY: Springtown Independent School District; DOCKET NUMBER: 2006-0287-MWD-E;
IDENTIFIER: RN101524866; LOCATION: Reno, Parker County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §319.7(c), by failing to
maintain required records at the facility; 30 TAC §305.125(1) and Permit
Number WQ0014054001, by failing to submit the required annual soil samples,
by failing to prevent public access to the irrigation disposal site, and by
failing to submit the annual sludge report; and 30 TAC §319.4 and Permit
Number WQ0014054001, by failing to conduct weekly biochemical oxygen demand
analyses; PENALTY: $4,280; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(26) COMPANY: Texas H20, Inc.; DOCKET NUMBER: 2006-0218-PWS-E; IDENTIFIER:
RN101992188; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and (e)(5),
and THSC, §341.0315(c), by failing to provide a total storage capacity
of 200 gallons per connection and by failing to maintain a secure seal on
the hypochlorination container; 30 TAC §290.121(a), by failing to maintain
an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.41(c)(3)(O),
by failing to maintain the fencing at the Jackson Bend and Midway Court pump
stations; and 30 TAC §290.46(m), by failing to maintain the water supply
grounds and facilities in a manner so as to minimize the possibility of the
harboring of rodents, insects, or other disease vectors that could cause the
contamination of the water; PENALTY: $798; ENFORCEMENT COORDINATOR: Rebecca
Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(27) COMPANY: Texas Malik Enterprises, Inc. dba KC2 Grocery Store; DOCKET
NUMBER: 2006-0245-PST-E; IDENTIFIER: RN101634889; LOCATION: Fort Worth, Tarrant
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1),
by failing to have a method of release detection which was capable of detecting
a release; 30 TAC §334.48(c), by failing to conduct effective manual
or automatic inventory control procedures for all USTs; 30 TAC §334.8(c)(5)(A)(i)
and (B)(ii) and the Code, §26.3467(a), by failing to make available to
a common carrier a valid, delivery certificate and by failing to timely renew
a previously issued delivery certificate; and 30 TAC §115.242(3) and
the THSC, §382.085(b), by failing to maintain the Stage II VRS in proper
operating condition; PENALTY: $8,560; ENFORCEMENT COORDINATOR: Joseph Daley,
(817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(28) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2006-0187-AIR-E;
IDENTIFIER: RN104150123; LOCATION: Pasadena, Harris County, Texas; TYPE OF
FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c),
Permit Number 260, and the THSC, §382.085(b), by failing to prevent an
unauthorized release of 7,000 pounds of Freon 22; PENALTY: $1,880; ENFORCEMENT
COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(29) COMPANY: The Enclave at Canyon Lake, Limited; DOCKET NUMBER: 2006-0213-EAQ-E;
IDENTIFIER: RN104771928; LOCATION: San Antonio, Comal County, Texas; TYPE
OF FACILITY: 184-acre single-family residential construction site; RULE VIOLATED:
30 TAC §213.21(d), by failing to obtain approval of an Edwards Aquifer
Contributing Zone plan; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Lynley Doyen,
(512) 239-1364; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(30) COMPANY: The Optimist Club of Town & Country, Round Rock, Texas;
DOCKET NUMBER: 2006-0237-EAQ-E; IDENTIFIER: RN102731007; LOCATION: Austin,
Travis County, Texas; TYPE OF FACILITY: land; RULE VIOLATED: 30 TAC §213.4(a)(1),
by failing to obtain approval of a Water Pollution Abatement plan exception
request prior to construction activities; PENALTY: $1,800; ENFORCEMENT COORDINATOR:
Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite
150, Austin, Texas 78758-5336, (512) 339-2929.
(31) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2006-0532-AIR-E;
IDENTIFIER: RN100219310; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: oil refining; RULE VIOLATED: 30 TAC §§101.2(2), 111.111(a)(1)(B),
115.112(a)(1), 115.121(l), 116.115(b)(2)(F) and (c), and 116.166(b)(1), New
Source Review Air Permit Numbers 2501A, Special Condition Number 1; 2507A,
Special Condition Number 1; and 2614, Special Condition Number 1, and THSC, §382.085(a)
and (b), by failing to comply with permitted emissions limits; 30 TAC §101.201(a)(1)(B)
and (b)(7), (8), (10), and (12), and THSC, §382.085(b), by failing to
properly submit emissions events reports; and 30 TAC §101.4, by failing
to prevent nuisance conditions; PENALTY: $700,000; ENFORCEMENT COORDINATOR:
Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
TRD-200603697
Stephanie Bergeron Perdue
Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: July 12, 2006
The following notices were issued during the period of June 30, 2006 through
July 5, 2006.
The following require the applicants to publish notice in the newspaper.
Public comments, requests for public meetings, or requests for a contested
case hearing may be submitted to the Office of the Chief Clerk, Mail Code
105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE
OF NEWSPAPER PUBLICATION OF THE NOTICE.
EMERALD BAY MUNICIPAL UTILITY DISTRICT has applied for a renewal of Permit
No.13165-001, which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 150,000 gallons per day via surface
irrigation of 126 acres of a golf course. This permit will not authorize a
discharge of pollutants into waters in the State. The facility and disposal
site are located west of Farm-to-Market Road 344, approximately 2 1/4 miles
south of the intersection of State Highway 155 and Farm-to-Market Road 344
in Smith County, Texas.
BEN WHEELER WATER SUPPLY CORPORATION has applied for a renewal of TPDES
Permit No. 13974-001, which authorizes the discharge of filter backwash effluent
from a water treatment plant at a daily average flow not to exceed 5500 gallons
per day. The facility is located approximately 100 feet south of Farm-to-Market
Road 279 (behind the First State Bank Building) which is adjacent and on the
south side of Farm-to-Market Road 279 in the Community of Ben Wheeler in Van
Zandt County, Texas.
H.I.S. INSTEAD, INC. has applied for a renewal of Permit No. 14395-001,
which authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 22,000 gallons per day via non-public access subsurface
drip irrigation system with a minimum area of 222,156 square feet. This permit
will not authorize a discharge of pollutants into waters in the State. The
facility and disposal site are located approximately 1,700 feet due east of
a point on State Highway 300 which is approximately 2,900 feet north of the
intersection of Gregg Tex Road and State Highway 300 and 3,500 feet south
of the intersection of State Highway 300 and Farm-to-Market Road 1844 in Gregg
County, Texas.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web site at
www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the
Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When
searching the web site, type in the issued date range shown at the top of
this document to obtain search results.
If you need more information about these permit applications or the permitting
process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040.
General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us.
Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200603699
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 12, 2006
Notices issued July 3, 2006 through July 7, 2006
APPLICATION NO. 5920 (WRPERM 5920); Alvin Starr, Pamela Starr, and Nathan
Starr, 15651 E. U.S. 80, Sunnyvale, Texas 75182, Applicants, have applied
for a Water Use Permit to divert and use not to exceed 320 acre-feet of water
per year from the East Fork Trinity River, Trinity River Basin, for agricultural
purposes in Kaufman County, Texas. The application and partial fees were received
on October 7, 2005, and requested information and fees were received on December
27, 2005, and February 13, 2006. The application was declared administratively
complete and filed with the Office of the Chief Clerk on February 16, 2006.
Written public comments and requests for a public meeting should be submitted
to the Office of Chief Clerk, at the address provided in the information section
below, within 30 days of the date of newspaper publication of the notice.
APPLICATION NO. 14-1571B (ADJ 1571); Kingsland Water Supply Corporation
(WSC) , applicant, 1422 West Drive, P.O. Box 73, Kingsland, TX 78639, seeks
an amendment to Certificate of Adjudication No. 14-1571 to change the use
of 40 acre-feet of water from mining to municipal purposes, change the diversion
points to a single point on Lake LBJ (owned by LCRA) on the Llano River, Colorado
River Basin, in Llano County, and delete the impoundments and diversion authorization
to maintain circulation. The application was received on April 4, 2006. Additional
information and fees were received on May 8 and June 2, 2006. The application
was declared administratively complete and accepted for filing on June 14,
2006. Written public comments and requests for a public meeting should be
submitted to the Office of Chief Clerk, at the address provided in the information
section below, by July 26, 2006.
APPLICATION NO. 5921 (WRPERM 5921); The City of Lubbock ("Applicant" or
"City"), P.O. Box 2000, Lubbock, TX 79457, has applied for a Water Use Permit
to construct two dams and reservoirs on the North Fork Double Mountain Fork
Brazos River, Brazos River Basin, to divert and use water from those reservoirs,
and to use the bed and banks of the North Fork Double Mountain Fork Brazos
River, including certain specified tributaries, for the conveyance of water
sought for diversion for municipal, industrial, and agricultural purposes
in Lubbock and Lynn Counties. The application and partial fees were received
on October 17, 2005. Additional information and fees were received on January
31, March 24, and April 13, 2006. The application was declared administratively
complete and accepted for filing with the Office of the Chief Clerk on April
17, 2006. Written public comments and requests for a public meeting should
be submitted to the Office of Chief Clerk, at the address provided in the
information section below, within 30 days of the date of newspaper publication
of the notice.
APPLICATION NO. 12034; Arkema Inc., Applicant, P.O. Box 1427, Beaumont,
Texas 77704, has applied for a Water Use Permit to divert water from the Neches
River, Neches River Basin into a steel tank for subsequent use for industrial
purposes in Jefferson County. The application and partial fees were received
on March 30, 2006, and additional information and fees were received on May
19, June 7, and June 14, 2006. The application was declared administratively
complete and accepted for filing with the Office of the Chief Clerk on June
29, 2006. Written public comments and requests for a public meeting should
be submitted to the Office of Chief Clerk, at the address provided in the
information section below, within 30 days of the date of newspaper publication
of the notice.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web site at
www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the
Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When
searching the web site, type in the issued date range shown at the top of
this document to obtain search results.
A public meeting is intended for the taking of public comment, and is not
a contested case hearing.
The Executive Director can consider approval of an application unless a
written request for a contested case hearing is filed. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement "[I/we] request a contested case hearing;" and (4) a brief and
specific description of how you would be affected by the application in a
way not common to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TCEQ Office of
the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the
requested permit and may forward the application and hearing request to the
TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box
13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información
en Español, puede llamar al 1-800-687-4040.
TRD-200603700
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 12, 2006
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on July 5, 2006,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Tres NLSS MG Corporation dba Sam's Food Mart; SOAH
Docket No. 582-06-0882; TCEQ Docket No. 2004-1433-PST-E. The commission will
consider the Administrative Law Judge's Proposal for Decision and Order regarding
the enforcement action against Tres NLSS MG Corporation dba Sam's Food Mart
on a date and time to be determined by the Office of the Chief Clerk in Room
201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is
Notice of Opportunity to Comment on the Proposal for Decision and Order. The
comment period will end 30 days from date of this publication. Written public
comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ,
P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need
assistance, please contact Paul Munguia, Office of the Chief Clerk, (512)
239-3300.
TRD-200603701
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 12, 2006
List of Late Filers
Listed below are the names of filers from the Texas Ethics Commission who
did not file reports or failed to pay penalty fines for late reports in reference
to the listed filing deadline. If you have any questions, you may contact
Robbie Miller at (512) 463-5780 or (800) 325-8506.
Deadline: Lobby Activities Report due March 10,
2005
Frank Jackson, 701 Brazos, #500, Austin, Texas 78701
Deadline: Lobby Activities Report due April 10,
2006
Mark Seale, 1122 Colorado St., Ste. 111-A, Austin, Texas 78701
Deadline: Personal Financial Statement due December
21, 2005
Stanley N. Matthews, 16 Waterford Gardens, Orange, Texas 77630
Deadline: Personal Financial Statement due February
13, 2006
Meagan Barclay, 241 N. Ranch House Rd., Angleton, Texas 77515-2778
Jack F. Borden, Sr., P. O. Box 191913, Dallas, Texas 75219-8509
Judith Ann Cobbett, 2550 Long St., Beaumont, Texas 77702-1612
Harold V. Dutton, Jr., 4001 Jewett St., Houston, Texas 77026
Milton I. Fagin, P. O. Box 100777, San Antonio, Texas 78201-8777
Steve P. Franklin, 303 W. Loop 281, Ste. 110, Longview, Texas 75605-4470
Guillermo Gandara, Jr., 10736 Thunder Dr., El Paso, Texas 79927-4817
Ronald Mitchell Gjemre, 3605 Crosswind Dr., Spicewood, Texas 78669-6554
Darrell R. Grear, 1304 Red Oak St., Bryan, Texas 77803-1583
William E. Harrison, 2607 Kimberly Dawn Dr., Conroe, Texas 77304-5018
William Gilbert Jean, 3924 Eaton Dr., Amarillo, Texas 79109-4034
Jeffrey Joyner, 2631 Rio Grande Pass, Mesquite, Texas 75150-4843
Star Locke, 8201 Weber Rd., Corpus Christi, Texas 78415-9723
Tony Mandujano, 18181 Senior Rd., Von Ormy, Texas 78073-4239
Cameron McSpadden, 908 Cedar Hill Ave, Dallas, Texas 75208-4016
Alfredo Montano, Jr., 1021 E. Taylor St., Harlingen, Texas 78550-7271
Morris L. Overstreet, P. O. Box 12817, Austin, Texas 78711-2817
Michael Raymond Redlich, 720 Summerfield Dr., Allen, Texas 75002-1820
Martha Y. Reyes, 436 Mockingbird Rd., El Paso, Texas 79907-4405
Richard F. Reynolds, 10808 River Plantation Dr., Austin, Texas 78747-1482
Thomas Peter Roebuck, 701 Neches Oaks Blvd., Port Neches, Texas 77651-2125
Terry A. Schoellkopf, 7111 Winkleman Rd., Houston, Texas 77083-4337
Herschel Smith, 10201 Telephone Rd., Apt 45A, Houston, Texas 77075-2970
John Patrick Snow, 1229 Marshall St., Vernon, Texas 76384
Brandon Stacker, 5603 16th Pl, Lubbock, Texas 79416-5306
Fred Tinsley, 8611 Quicksilver Dr., Dallas, Texas 75249-2609
John White, 400 E. Weatherford St., Fort Worth, Texas 76102-2242
Chris M. Zora, 803 Shawnee Dr., Montgomery, Texas 77316-4858
Deadline: Personal Financial Statement due May 1,
2006
Holly L. Anawaty, 8519 Chalcos Dr., Houston, Texas 77017
Patrick L. Brockett, University of Texas, Dept. MSIS, CBA 5.202, Austin,
Texas 78712
Jose E. DeSantiago, Sr., 15927 Jove St., Houston, Texas 77060
Edward E. Hargett, 339 County Road 222, Nacogdoches, Texas 75965
Tony G. Hedges, D.O., 104 East 21st St., Littlefield, Texas 79339
Jerry Franklin House, Sr., P. O. Box 217, Leona, Texas 75850
Janice B. Howard, 8542 Hidden Hollow Ct., Missouri City, Texas 77459
Kenneth A. James, 1914 Riverglen Forest Dr., Kingwood, Texas 77345
J. Paul Johnson, 4115 Shadow Haven Dr., Fresno, Texas 77545
Victor E. Leal, 301 Lake Ridge Rd., Canyon, Texas 79015
Larry Robert Leibrock, 16457 Lake Loop Dr., Austin, Texas 78734
B. W. McClendon, 7401 Sevilla Dr., Austin, Texas 78752
Tuck M. McLain, 703 Church St., Navasota, Texas 77830
John C. Morris, 213 Cottontail Dr., Leander, Texas 78641
Cliff Mountain, 2909 Meandering River Ct., Austin, Texas 78746
Scott James Petty, 1200 State Highway 173 N., Hondo, Texas 78861
Cindy Ramos-Davidson, 520 Pinar Del Rio Dr., El Paso, Texas 79932
Randall W. Reynolds, P. O. Box 150, Pecos, Texas 79772
Eddie P. Richardson, 1302 Ave Q, Lubbock, Texas 79401
Linda J. Sadler, 3219 64th St., Lubbock, Texas 79413
Lawrence M. Sampleton, Jr., P. O. Box 1868, Austin, Texas 78767
Troy Simmons, DDS, 503 N. 6th St., Longview, Texas 75601
Arthur N. Sosa, 7825 Damsel St, Corpus Christi, Texas 78413
Linda Diane Stinebrueck, 1401 Darden Hill Rd., Driftwood, Texas 78619-9778
Michael D. Thamm, 301 Depot, Cuero, Texas 77954
William H. Thurman, 10500 Painted Valley Cv., Austin, Texas 78759
Linda R. Yanez, 1401 Shay Lane, Edinburg, Texas 78539-6000
TRD-200603646
David Reisman
Executive Director
Texas Ethics Commission
Filed: July 7, 2006
Correction of Error
The Texas Feed and Fertilizer Control Service/Office of the Texas State
Chemist proposed an amendment to 4 TAC §61.61 in the July 7, 2006, issue
of the
Texas Register
(31 TexReg 5433). Due
to errors in the submission the following corrections need to be made.
In the Preamble, Paragraph 3, beginning in Line 6, the statement should
have read: "...institutions pertaining to the disposing of grain containing >500
parts per billion (ppb) aflatoxin, and oilseed, processed grain, and oilseed
meal containing >300 ppb aflatoxin."
In the Preamble, Paragraph 6, Line 2, the statement should have read: "Subchapter
G, §141.148 is affected by the proposed amendments."
In §61.61(a)(6), beginning on Line 10, the statement should have read:
"
≤300 ppb
[
TRD-200603722
Notice Concerning Implementation Date for CHIP Eligibility for Unborn Children Rule at 1 TAC §370.401
The Texas Health and Human Services Commission (HHSC) adopted 1 TAC §370.401,
Eligibility for Unborn Children, as published in the April 28, 2006, issue
of the
Texas Register
(31 TexReg 3527), with
an effective date of April 30, 2006. HHSC published a notice of its intent
to implement the rule beginning September 1, 2006, in the May 19, 2006, issue
of the
Texas Register
(31 TexReg 4264). At
this time, HHSC gives notice of its intent to implement the rule on January
1, 2007.
TRD-200603634
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 7, 2006
Extension of Comment Period on Proposed Amendment to 1 TAC §354.1077.
The Texas Health and Human Services Commission (HHSC) has extended the comment
period for a proposed amendment to 1 TAC §354.1077, Provider Participation
Requirements. The proposed amendment would require hospitals in eight urban
service areas to comply with the reimbursement provisions and rate reductions
of 1 TAC §355.8064 in order to participate in the Texas Medicaid Program.
The proposed amendment to the rule was published for the required 30-day public
comment period in the June 23, 2006, issue of the
Texas Register
(31 TexReg 4973). HHSC has extended the comment period
until 5:00 p.m. on July 26, 2006. The anticipated effective date of the proposed
rule amendment is September 1, 2006.
Public Hearing. HHSC will conduct a public hearing to receive public comment
on the proposed amendment to 1 TAC §354.1077. As stated above, the proposed
amendment was published in the June 23, 2006, issue of the
Texas Register
(31 TexReg 4973). The anticipated effective date of
the proposed rule amendment is September 1, 2006.
The public hearing will be held on July 26, 2006, from 9:30 a.m. to 11:30
a.m. in the Lone Star Conference Room of the Braker Center, Building H, at
11209 Metric Boulevard, Austin, Texas 78758-4021. Entry is through Security
at the entrance of 11209 Metric Boulevard.
Written comments regarding the proposed provider participation requirements
may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Alisa Jacquet,
HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200 or
by e-mail to alisa.jacquet@hhsc.state.tx.us. Express mail can be sent, or
written comments can be hand delivered, to Ms. Jacquet, HHSC Rate Analysis,
MC H-400, Braker Center Building H, at 11209 Metric Boulevard, Austin, Texas
78758-4021. Alternatively, written comments may be sent via facsimile to Ms.
Jacquet at (512) 491-1998.
Persons requiring further information, special assistance, or accommodations
should contact Irene Cantu at (512) 491-1358 by July 25, 2006, so that appropriate
arrangements can be made.
TRD-200603716
Wendy Pellow
Assistant General Counsel
Texas Health and Human Services Commission
Filed: July 12, 2006
Extension of Comment Period on Proposed New 1 TAC §355.8064. The Texas
Health and Human Services Commission (HHSC) has extended the comment period
for proposed new 1 TAC §355.8064, Reimbursement Adjustment for Hospitals
Providing Inpatient Services to SSI and SSI-related Clients. The proposed
new rule would modify the Medicaid reimbursement to hospitals in eight urban
service areas for inpatient services to Supplemental Security Income (SSI)
and SSI-related clients. The proposed rule was published for the required
30-day public comment period in the June 23, 2006, issue of the
Texas Register
(31 TexReg 4976). HHSC has extended the comment period
until 5:00 p.m. on July 26, 2006. The anticipated effective date of the proposed
rule is September 1, 2006.
Public Hearing. HHSC will conduct a public hearing to receive public comment
on the proposed new 1 TAC §355.8064. As stated above, the proposed new
rule was published in the June 23, 2006, issue of the
Texas Register
(31 TexReg 4976). The anticipated effective date of
the proposed rule is September 1, 2006.
The public hearing will be held on July 26, 2006, from 9:30 a.m. to 11:30
a.m. in the Lone Star Conference Room of the Braker Center, Building H, at
11209 Metric Boulevard, Austin, Texas 78758-4021. Entry is through Security
at the entrance of 11209 Metric Boulevard.
Written comments regarding the proposed reimbursement adjustments may be
submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written
comments may be sent by U.S. mail to the attention of Alisa Jacquet, HHSC
Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200 or by e-mail
to alisa.jacquet@hhsc.state.tx.us. Express mail can be sent, or written comments
can be hand delivered, to Ms. Jacquet, HHSC Rate Analysis, MC H-400, Braker
Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively,
written comments may be sent via facsimile to Ms. Jacquet at (512) 491-1998.
Persons requiring further information, special assistance, or accommodations
should contact Irene Cantu at (512) 491-1358 by July 25, 2006, so that appropriate
arrangements can be made.
TRD-200603719
Wendy Pellow
Assistant General Counsel
Texas Health and Human Services Commission
Filed: July 12, 2006
Extension of Comment Period on Proposed Amendment to 1 TAC §355.8063.
The Texas Health and Human Services Commission (HHSC) has extended the comment
period for a proposed amendment to 1 TAC §355.8063, Reimbursement Methodology
for Inpatient Hospital Services. The proposed amendment modifies §355.8063(o)
to add freestanding psychiatric inpatient facilities to those facilities that
are reimbursed under the Tax Equity and Fiscal Responsibility Act cost principles.
The proposed amendment to the rule was published for the required 30-day public
comment period in the June 23, 2006, issue of the
Texas Register
(31 TexReg 4974). HHSC has extended the comment period
until 5:00 p.m. on July 26, 2006. The anticipated effective date of the proposed
rule is September 1, 2006.
Public Hearing. HHSC will conduct a public hearing to receive public comment
on the proposed amendment to 1 TAC §355.8063. As stated above, the proposed
amendment was published in the June 23, 2006, issue of the
Texas Register
(31 TexReg 4974). The anticipated effective date of
the proposed rule is September 1, 2006.
The public hearing will be held on July 26, 2006, from 8:30 a.m. to 9:30
a.m. in the Lone Star Conference Room of the Braker Center, Building H, at
11209 Metric Boulevard, Austin, Texas 78758-4021. Entry is through Security
at the entrance of 11209 Metric Boulevard.
Written comments regarding the proposed reimbursement methodology may be
submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written
comments may be sent by U.S. mail to the attention of Alisa Jacquet, HHSC
Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200 or by e-mail
to alias.jacquet@hhsc.state.tx.us. Express mail can be sent, or written comments
can be hand delivered, to Ms. Jacquet, HHSC Rate Analysis, MC H-400, Braker
Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively,
written comments may be sent via facsimile to Ms. Jacquet at (512) 491-1998.
Persons requiring further information, special assistance, or accommodations
should contact Irene Cantu at (512) 491-1358 by July 25, 2006, so that appropriate
arrangements can be made.
TRD-200603715
Wendy Pellow
Assistant General Counsel
Texas Health and Human Services Commission
Filed: July 12, 2006
Extension of Comment Period on Proposed New 1 TAC §355.8071. The Texas
Health and Human Services Commission (HHSC) has extended the comment period
for proposed new 1 TAC §355.8071, Supplemental Payments to Children's
Hospitals. The proposed new rule establishes the methodology HHSC will use
to distribute supplemental (Medicaid Upper Payment Limit) payments to Medicare-designated
children's hospitals to cover the costs incurred in providing Medicaid inpatient
and outpatient services. The proposed rule was published for the required
30-day public comment period in the June 23, 2006, issue of the
Texas Register
(31 TexReg 4977). HHSC has extended the comment period
until 5:00 p.m. on July 26, 2006. The anticipated effective date of the proposed
rule is September 1, 2006.
Public Hearing. HHSC will conduct a public hearing to receive public comment
on the proposed new 1 TAC §355.8071. As stated above, the proposed new
rule was published in the June 23, 2006, issue of the
Texas Register
(31 TexReg 4977). The anticipated effective date of
the proposed rule is September 1, 2006.
The public hearing will be held on July 26, 2006, from 8:30 a.m. to 9:30
a.m. in the Lone Star Conference Room of the Braker Center, Building H, at
11209 Metric Boulevard, Austin, Texas 78758-4021. Entry is through Security
at the entrance of 11209 Metric Boulevard.
Written comments regarding the proposed supplemental payments may be submitted
in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments
may be sent by U.S. mail to the attention of Kevin Niemeyer, HHSC Rate Analysis,
MC H-400, P.O. Box 85200, Austin, Texas 78708-5200 or by e-mail to kevin.niemeyer@hhsc.state.tx.us.
Express mail can be sent, or written comments can be hand delivered, to Mr.
Niemeyer, HHSC Rate Analysis, MC H-400, Braker Center Building H, at 11209
Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments
may be sent via facsimile to Mr. Niemeyer at (512) 491-1998.
Persons requiring further information, special assistance, or accommodations
should contact Irene Cantu at (512) 491-1358 by July 25, 2006, so that appropriate
arrangements can be made.
TRD-200603714
Wendy Pellow
Assistant General Counsel
Texas Health and Human Services Commission
Filed: July 12, 2006
Hearing. The Texas Health and Human Services Commission (HHSC) will hold
a public hearing on August 8, 2006, at 2:00 p.m., to receive comment from
interested persons on proposed Medicaid reimbursement rates applicable to
providers of Home and Community-based Services (HCS), Texas Home Living (TxHmL)
and Community Living Assistance and Support Services (CLASS). The public hearing
will be held at HHSC's Braker Center facility in Austin, Texas, at 11209 Metric
Boulevard, Building H, Lone Star Room No. 1047. The public hearing will be
held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g),
which requires that public hearings be held on proposed reimbursement rates
before HHSC approves such rates. Persons with disabilities who wish to attend
the public hearing and who require auxiliary aids or services should contact
Ms Irene Cantu at (512) 491-1358 by August 1, 2006, so that appropriate arrangements
can be made.
Written and oral comments. The proposed rates will be effective on September
1, 2006, if approved, and will result in a restoration of reimbursements to
the level of rates in effect on August 31, 2003. Written comments about the
proposed reimbursement rates may be submitted until 5:00 p.m. on August 8,
2006, in lieu of or in addition to oral comments presented at the public hearing.
Written comments may be hand-delivered or sent by U.S. mail or overnight express
to the attention of Irene Cantu, HHSC Rate Analysis, Mail Code H-400, Braker
Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively,
written comments may be sent via facsimile to Ms. Cantu's attention at (512)
491-1998.
Methodology and justification. The proposed rates were determined in accordance
with the rate setting methodology codified as 1 Texas Administrative Code
Chapter 355, Subchapter E, §355.505, Reimbursement Methodology for the
Community Living Assistance and Support Services Waiver Program and Subchapter
F, §355.723, Reimbursement Methodology for Home and Community-Based Services
(HCS), and §355.791, Reimbursement Methodology for the TxHmL Program.
Briefing package. A reimbursement rate briefing package describing the
proposed reimbursement rates will be available, upon request, no later than
July 21, 2006. Interested persons may request a copy of the briefing package
by contacting Irene Cantu at (512) 491-1358.
TRD-200603710
Lee Dickinson
Assistant General Counsel
Texas Health and Human Services Commission
Filed: July 12, 2006
Hearing. The Texas Health and Human Services Commission (HHSC) will hold
a public hearing on August 8, 2006, at 2:00 p.m., to receive comment from
interested persons on proposed Medicaid reimbursement rates applicable to
non-state operated providers of Intermediate Care Facility for Persons with
Mental Retardation (ICF/MR). The public hearing will be held at HHSC's Braker
Center facility in Austin, Texas, at 11209 Metric Boulevard, Building H, Lone
Star Room No. 1047. The public hearing will be held in compliance with Title
1 of the Texas Administrative Code (TAC) §355.105(g), which requires
that public hearings be held on proposed reimbursement rates before HHSC approves
such rates. Persons with disabilities who wish to attend the public hearing
and who require auxiliary aids or services should contact Ms. Irene Cantu
at (512) 491-1358 by August 1, 2006, so that appropriate arrangements can
be made.
Written and oral comments. The proposed rates will be effective on September
1, 2006, if approved, and will result in a restoration of reimbursements to
the level of rates in effect on August 31, 2003. Written comments about the
proposed reimbursement rates may be submitted until 5:00 p.m. on August 8,
2006, in lieu of or in addition to oral comments presented at the public hearing.
Written comments may be hand-delivered or sent by U.S. mail or overnight express
to the attention of Irene Cantu, HHSC Rate Analysis, Mail Code H-400, Braker
Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively,
written comments may be sent via facsimile to Ms. Cantu's attention at (512)
491-1998.
Proposal. As the single state agency for the state Medicaid program, HHSC
proposes the following daily reimbursement rates for non-state operated providers
of ICF/MR effective September 1, 2006.
Figure: Non-State Operated ICF/MR
Methodology and justification. The proposed rates were determined in accordance
with the rate setting methodology codified as 1 Texas Administrative Code
Chapter 355, Subchapter D, §355.456(f), Rate Setting Methodology.
Briefing package. A reimbursement rate briefing package describing the
proposed reimbursement rates will be available, upon request, no later than
July 21, 2006. Interested persons may request a copy of the briefing package
by contacting Irene Cantu at (512) 491-1358.
TRD-200603712
Lee Dickinson
Assistant General Counsel
Texas Health and Human Services Commission
Filed: July 12, 2006
Licensing Actions for Radioactive Materials
TRD-200603683
Cathy Campbell
General Counsel
Department of State Health Services
Filed: July 11, 2006
Notice is hereby given that the Department of State Health has entered
Agreed Orders with the following registrants:
Sullivan-Schein Dental Products (Registration Number R18006) of Melville,
NY. A total penalty of $15,000 shall be paid by registrant for violations
of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply
with additional settlement agreement requirements.
Ray Partha, dba Trilogy Medical Services (unregistered) of Houston. A total
penalty of $10,000 shall be paid by registrant for violations of 25 Texas
Administrative Code, Chapter 289. The registrant shall also comply with additional
settlement agreement requirements.
Gary L. Geaccone, DDS, dba The Dental Group. (Registration Number R17873)
of League City. A total penalty of $1,000 shall be paid by registrant for
violations of 25 Texas Administrative Code, Chapter 289. The registrant shall
also comply with additional settlement agreement requirements.
Patterson Dental Supply Company (Registration Number R06728) of Houston.
A total penalty of $30,000 shall be paid by registrant for violations of 25
Texas Administrative Code, Chapter 289. The registrant shall also comply with
additional settlement agreement requirements.
Calixto J. Ruibal, P.A., dba Lawndale Medical Clinic (Registration Number
R14067) of Houston. A total penalty of $3,000 shall be paid by registrant
for violations of 25 Texas Administrative Code, Chapter 289. The registrant
shall comply with additional settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public
inspection at the Department of State Health Services, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200603694
Cathy Campbell
General Counsel
Department of State Health Services
Filed: July 12, 2006
Multifamily Housing Revenue Refunding Bonds (Meadowlands Apartments) Series 2006
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Harris County Public Library
- Northwest Branch, 11355 Regency Green Drive, Cypress, Harris County, Texas
77429, at 6:00 p.m. on August 9, 2006 with respect to an issue of tax-exempt
multifamily residential rental development revenue bonds in an aggregate principal
amount not to exceed $13,500,000 and taxable bonds, if necessary, in an amount
to be determined, to be issued in one or more series (the "Bonds"), by the
Issuer. The proceeds of the Bonds will be loaned to H.T. Seattle Slew, Ltd.,
a limited partnership, or a related person or affiliate thereof (the "Borrower")
to finance a portion of the costs of acquiring, constructing, and equipping
a multifamily housing development (the "Development") described as follows:
236-unit multifamily residential rental development located at approximately
the northwest corner of Steeplepark Drive and Steepleway Boulevard, Harris
County, Texas. A physical address has not been assigned by the City of Houston.
Upon the issuance of the Bonds, the Development will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Teresa
Morales at the Texas Department of Housing and Community Affairs, P.O. Box
13941 Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Teresa Morales in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Teresa Morales prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Teresa Morales
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200603674
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 11, 2006
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at the Crowne Plaza Hotel,
12801 Northwest Freeway, Houston, Harris County, Texas 77040, in the Plaza
Room, at 6:00 p.m. on August 7, 2006 with respect to an issue of tax-exempt
multifamily residential rental development revenue bonds in an aggregate principal
amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount
to be determined, to be issued in one or more series (the "Bonds"), by the
Issuer. The proceeds of the Bonds will be loaned to Rolling Creek Apartments,
LP, a limited partnership, or a related person or affiliate thereof (the "Borrower")
to finance a portion of the costs of acquiring, constructing, and equipping
a multifamily housing development (the "Development") described as follows:
248-unit multifamily residential rental development to be located at 8038
Gatehouse Drive, Harris County, Texas. Upon the issuance of the Bonds, the
Development will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Teresa
Morales at the Texas Department of Housing and Community Affairs, P.O. Box
13941 Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Teresa Morales in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Teresa Morales prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Teresa Morales
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200603675
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 11, 2006
Company Licensing
Application to change the name of MID AMERICA LIFE INSURANCE COMPANY to
AMERICA REPUBLIC CORP INSURANCE COMPANY, a foreign life, accident and/or health
company. The home office is in Omaha, Nebraska.
Application to change the name of TEXAS HEALTHSPRING I, LLC to TEXAS HEALTHSPRING,
LLC, a domestic health maintenance organization (HMO). The home office is
in Houston, Texas.
Application for incorporation to the State of Texas by TEXAS FARM BUREAU
CASUALTY INSURANCE COMPANY, a domestic fire and/or casualty company. The home
office is in Waco, Texas.
Any objections must be filed with the Texas Department of Insurance, within
twenty (20) calendar days from the date of the
Texas
Register
publication, addressed to the attention of Godwin Ohaechesi,
333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200603707
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 12, 2006
The Commissioner of Insurance (Commissioner) will hold a public hearing
under Docket No. 2643 on August 22, 2006 at 10:00 a.m. in Room 100 of the
William P. Hobby, Jr. State Office Building, in Austin, Texas, to consider
a petition by the Texas Windstorm Insurance Association (TWIA) requesting
approval of a reinsurance program to operate in concert with the catastrophe
reserve trust fund established under the Insurance Code, Article 21.49 §8(i).
Article 21.49, §8(h)(17) provides that, with the approval of the Texas
Department of Insurance, TWIA may establish a reinsurance program that operates
in addition to or in concert with the catastrophe reserve trust fund. The
new program is proposed to be effective as of June 1, 2006.
The hearing is held pursuant to the Insurance Code, Article 21.49 §5A,
which provides that the Commissioner, after notice and hearing, may issue
any orders considered necessary to carry out the purposes of Article 21.49
(Texas Windstorm Insurance Association Act), including, but not limited to,
maximum rates, competitive rates, and policy forms. Any person may appear
to testify for or against the proposed reinsurance program.
Copies of the TWIA petition and proposed reinsurance agreement are available
for review in the Office of the Chief Clerk, Texas Department of Insurance,
333 Guadalupe Street, Austin, Texas, 78714-9104. To request copies of the
petition and the proposed reinsurance agreement, please contact Sylvia Gutierrez
at (512) 463-6327 (refer to Reference No. P-0606-10).
TRD-200603640
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 7, 2006
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for incorporation in Texas of MEMORIAL ADMINISTRATORS, LLC,
a domestic third party administrator. The home office is AUSTIN, TEXAS.
Any objections must be filed within 20 days after this notice is published
in the
Texas Register
, addressed to the attention
of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200603706
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 12, 2006
Notice of Public Meeting
The Finance Commission of Texas and the Texas Credit Union Commission ("commissions")
jointly re-propose §153.22, relating to home equity lending under Texas
Constitution, Article XVI, Section 50(a)(6). A prior proposed §153.22,
published in the March 3, 2006, issue of the
Texas
Register
(31 TexReg 1393), is withdrawn in the July 14, 2006, issue
of the
Texas Register
(31 TexReg 5601). Existing §153.22
is re-proposed for repeal.
The Credit Union Commissioner and the Consumer Credit Commissioner have
been delegated the authority to conduct a public meeting on behalf of the
commissions for the purpose of receiving oral comments, views, and/or testimony
concerning the proposed interpretation. A public meeting will be held in Austin
on July 27, 2006, at 2:00 p.m. in the State Finance Commission Building, William
F. Aldridge Hearing Room, located at 2601 North Lamar Boulevard. To be considered,
an oral comment must be received at this public meeting; at the conclusion
of the meeting, no further oral comments will be considered or accepted by
the commissions.
Persons with disabilities who are planning to attend the meeting and have
special communication or other accommodation needs should contact Joann McAnally
at the Office of Consumer Credit Commissioner at (512) 936-7640. Requests
should be made as far in advance of the meeting as possible.
TRD-200603638
Leslie L. Pettijohn
Commissioner
Joint Financial Regulatory Agencies
Filed: July 7, 2006
Instant Game Number 663 "Super Bingo"
1.0 Name and Style of Game.
A. The name of Instant Game No. 663 is "SUPER BINGO". The play style is
"bingo with multiplier".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 663 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 663.
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: B01, B02, B03, B04, B05, B06, B07, B08,
B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23,
I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38,
N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53,
G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68,
O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67,
68, 69, 70, 71, 72, 73, 74, 75, FREE, 1X, 2X, 3X and 5X.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 663 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 663 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅ which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $25.00, $30.00, $40.00, $50.00, $75.00,
$100, $200 or $500.
I. High-Tier Prize - A prize of $1,000, $2,000, $5,000, $20,000 or $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (663), 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: 663-0000001-001.
L. Pack - A pack of "SUPER BINGO" 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 "SUPER
BINGO" Instant Game No. 663 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 "SUPER BINGO"
Instant Game is determined once the latex on the ticket is scratched off to
expose 181 (one hundred eighty-one) Play Symbols. The player must scratch
off the CALLER'S CARD area to reveal twenty-four (24) Bingo Numbers and six
(6) Bonus Numbers. The player must scratch all the Bingo Numbers on Cards
1 through 6 that match the Bingo Numbers and Bonus Numbers on the Caller's
Card. Each card has a corresponding prize legend. Players win by matching
those same numbers on the six (6) Player's Cards. If the player finds a diagonal,
vertical or horizontal straight line, the four corners of the grid, or an
"X" pattern, the player wins a prize according to the legend of the respective
Player's Card. Examples of play: If a player matches all bingo numbers plus
the Free space in a complete horizontal, vertical, or diagonal line pattern
in any one card the player wins the prize according to the legend of the respective
playing card. If the player matches all bingo numbers in all four (4) corners
pattern in any one card the player wins the prize according to the legend
of the respective playing card. If the player matches all bingo numbers plus
the Free Space to make a complete "X" pattern in any one card the player wins
the prize according to the legend of the respective playing card. The player
scratches the PRIZE MULTIPLIER area for a chance to win 2X, 3X, or 5X the
prize won. The player can win up to six times on any ticket but only once
on each "card". 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 181 (one hundred eighty-one) Play Symbols must appear under
the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 181 (one
hundred eighty-one). Play Symbols under the latex overprint on the front portion
of the ticket, exactly one Serial Number, exactly one Retailer Validation
Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 181 (one hundred eighty-one) Play Symbols must be exactly
one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 181 (one hundred eighty-one) Play Symbols on the ticket
must be printed in the Symbol font and must correspond precisely to the artwork
on file at the Texas Lottery; the ticket Serial Numbers must be printed in
the Serial font and must correspond precisely to the artwork on file at the
Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket
Number font and must correspond precisely to the artwork on file at the Texas
Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a pack will not have identical
patterns.
B. A ticket will win as indicated by the prize structure.
C. A ticket can win up to six times.
D. There will never be more than one win on a single Player's Card.
E. The highest prize won per card will be paid.
F. No duplicate numbers will appear on the CALLER'S CARD.
G. No duplicate numbers will appear on each individual Player's Card.
H. The number range used for each letter will be as follows: B: 01-15,
I: 16-30, N: 31-45, G: 46-60, O: 61-75.
I. Each Player's Card on the same ticket must be unique.
2.3 Procedure for Claiming Prizes.
A. To claim a "SUPER BINGO" Instant Game prize of $5.00, $10.00, $15.00,
$20.00, $25.00, $30.00, $40.00, $50.00, $75.00, $100, $200 or $500, a claimant
shall sign the back of the ticket in the space designated on the ticket and
present the winning ticket to any Texas Lottery Retailer. The Texas Lottery
Retailer shall verify the claim and, if valid, and upon presentation of proper
identification, make payment of the amount due the claimant and physically
void the ticket; provided that the Texas Lottery Retailer may, but is not,
in some cases, required to pay a $25.00, $30.00, $40.00, $50.00, $75.00, $100,
$200 or $500 ticket. In the event the Texas Lottery Retailer cannot verify
the claim, the Texas Lottery Retailer shall provide the claimant with a claim
form and instruct the claimant on how to file a claim with the Texas Lottery.
If the claim is validated by the Texas Lottery, a check shall be forwarded
to the claimant in the amount due. In the event the claim is not validated,
the claim shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described in Section
2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "SUPER BINGO" Instant Game prize of $1,000, $2,000, $5,000,
$20,000 or $50,000, the claimant must sign the winning ticket and present
it at one of the Texas Lottery's Claim Centers. If the claim is validated
by the Texas Lottery, payment will be made to the bearer of the validated
winning ticket for that prize upon presentation of proper identification.
When paying a prize of $600 or more, the Texas Lottery shall file the appropriate
income reporting form with the Internal Revenue Service (IRS) and shall withhold
federal income tax at a rate set by the IRS if required. In the event that
the claim is not validated by the Texas Lottery, the claim shall be denied
and the claimant shall be notified promptly.
C. As an alternative method of claiming a "SUPER BINGO" Instant Game prize,
the claimant must sign the winning ticket, thoroughly complete a claim form,
and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin,
Texas 78761-6600. The risk of sending a ticket remains with the claimant.
In the event that the claim is not validated by the Texas Lottery, the claim
shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission
for a benefit granted in error under the food stamp program or the program
of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "SUPER BINGO"
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 "SUPER BINGO" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000
tickets in the Instant Game No. 663. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 663 - 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 663 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. 663,
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-200603672
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 11, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 691 is "STAR OF TEXAS". The play style
for Game 1 is ''match 3 of 6''. The play style for Game 2 is ''beat score''.
The play style for Game 3 is ''key number match with auto win''. The play
style for Game 4 is ''three in a line''. The play style for Game 5 is ''match
3 of 6''. The play style for Game 6 is ''add up''.
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 691 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 691.
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: STACK OF BILLS SYMBOL, DOLLAR SIGN SYMBOL,
STAR SYMBOL, DIAMOND SYMBOL, GOLD BAR SYMBOL, POT OF GOLD SYMBOL, BEEF SYMBOL,
STEER SYMBOL, BRANDING IRON SYMBOL, SADDLE SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8,
9, $5.00, $10.00, $25.00, $50.00, $100, $500, $1,000 and $50,000.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 691 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 691 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $25.00, $50.00, $100, $200 or $500.
I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (691), 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: 691-0000001-001.
L. Pack - A pack of ''STAR OF TEXAS'' Instant Game tickets contains 075
tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1).
The packs will alternate. One will show the front of ticket 001 and back of
075 while the other fold will show the back of ticket 001 and front of 075.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery ''STAR
OF TEXAS'' Instant Game No. 691 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 ''STAR OF
TEXAS'' Instant Game is determined once the latex on the ticket is scratched
off to expose 36 (thirty-six) Play Symbols. GAME 1: If a player reveals three
(3) matching amounts, the player wins that amount. GAME 2: If YOUR number
play symbol beats THEIR number play symbol in any one row across, the player
wins the PRIZE for that row. GAME 3: If a player matches any of YOUR NUMBERS
play symbols to the LUCKY NUMBER play symbol, the player wins the PRIZE shown.
If a player reveals a ''boot'' symbol, the player wins that PRIZE instantly.
GAME 4: If a player reveals three (3) ''hat'' symbols in the same row, column
or diagonal, the player wins the PRIZE shown. GAME 5: If a player reveals
three (3) matching play symbols, the player wins PRIZE shown. GAME 6: If a
player reveals two (2) numbers that add up to exactly ten (10), the player
wins $10. 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 36 (thirty-six) 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 36 (thirty-six)
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 36 (thirty-six) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 36 (thirty-six) 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. GAME 1: No more than three matching amounts.
C. GAME 2: No duplicate non-winning YOUR number play symbols.
D. GAME 2: No duplicate non-winning THEIR number play symbols.
E. GAME 2: No duplicate non-winning prize symbols.
F. GAME 2: No ties within a row.
G. GAME 3: Non-winning prize symbols will never be the same as the winning
prize symbol.
H. GAME 3: No duplicate non-winning prize symbols.
I. GAME 3: No duplicate non-winning YOUR NUMBERS play symbols.
J. GAME 3: No prize amount in a non-winning spot will correspond with the
YOUR NUMBER play symbol (i.e. 5 and $5).
K. GAME 4: No more than one occurrence of three "hat" symbols in a row,
column or diagonal on a ticket.
L. GAME 4: There will be a predominance of $50 and higher prize symbols.
M. GAME 4: Games will contain 4 "hat" and 5 "horseshoe" symbols or 5 "hat"
and 4 "horseshoe" symbols.
N. GAME 4: There will never be 3 "horseshoe" symbols in the same row, column
or diagonal.
O. GAME 5: This game may only win once.
P. GAME 6: The sum of the 2 numbers will never total less than 4 or more
than 15.
2.3 Procedure for Claiming Prizes.
A. To claim a ''STAR OF TEXAS'' Instant Game prize of $5.00, $10.00, $15.00,
$20.00, $25.00, $50.00, $100, $200 or $500, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $25.00, $50.00, $100, $200 or $500 ticket. In the event the Texas Lottery
Retailer cannot verify the claim, the Texas Lottery Retailer shall provide
the claimant with a claim form and instruct the claimant on how to file a
claim with the Texas Lottery. If the claim is validated by the Texas Lottery,
a check shall be forwarded to the claimant in the amount due. In the event
the claim is not validated, the claim shall be denied and the claimant shall
be notified promptly. A claimant may also claim any of the above prizes under
the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a ''STAR OF TEXAS'' Instant Game prize of $1,000, $5,000 or
$50,000, the claimant must sign the winning ticket and present it at one of
the Texas Lottery's Claim Centers. If the claim is validated by the Texas
Lottery, payment will be made to the bearer of the validated winning ticket
for that prize upon presentation of proper identification. When paying a prize
of $600 or more, the Texas Lottery shall file the appropriate income reporting
form with the Internal Revenue Service (IRS) and shall withhold federal income
tax at a rate set by the IRS if required. In the event that the claim is not
validated by the Texas Lottery, the claim shall be denied and the claimant
shall be notified promptly.
C. As an alternative method of claiming a ''STAR OF TEXAS'' 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 ''STAR OF
TEXAS'' 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 ''STAR OF TEXAS'' 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. 691. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 691- 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 691 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. 691,
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-200603711
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 12, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 692 is "IN THE CHIPS". The play style is
"key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 692 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 692.
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: ONE CHIP SYMBOL, TWO CHIP SYMBOL, THREE
CHIP SYMBOL, FOUR CHIP SYMBOL, FIVE CHIP SYMBOL, SIX CHIP SYMBOL, SEVEN CHIP
SYMBOL, EIGHT CHIP SYMBOL, NINE CHIP SYMBOL, TEN CHIP SYMBOL, ELEVEN CHIP
SYMBOL, TWELVE CHIP SYMBOL, THIRTEEN CHIP SYMBOL, FOURTEEN CHIP SYMBOL, FIFTEEN
CHIP SYMBOL, SIXTEEN CHIP SYMBOL, SEVENTEEN CHIP SYMBOL, EIGHTEEN CHIP SYMBOL,
NINETEEN CHIP SYMBOL, TWENTY CHIP SYMBOL, MONEY BAG SYMBOL, $1.00, $2.00,
$4.00, $5.00, $10.00, $20.00, $30.00, $50.00, $100, $1,000, $5,000 or $25,000.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 692 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 692 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (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 $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, $5,000 or $25,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (692), 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: 692-0000001-001.
L. Pack - A pack of "IN THE CHIPS" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets
001 and 002 will be on the top page; tickets 003 and 004 on the next page;
etc.; and tickets 249 and 250 will be on the last page. Please note the books
will be in an A - B configuration.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "IN
THE CHIPS" Instant Game No. 692 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 "IN THE
CHIPS" Instant Game is determined once the latex on the ticket is scratched
off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR
CHIPS play symbols to either WINNING CHIP play symbol, the player wins the
PRIZE shown for that chip. If a player reveals a "moneybag" play symbol, the
player wins that PRIZE 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 22 (twenty-two) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. No three or more matching non-winning prize symbols on a ticket.
B. Consecutive non-winning tickets will not have identical play data, spot
for spot.
C. Non-winning prize symbols will not match a winning prize symbol on a
ticket.
D. No duplicate non-winning prize symbols on a ticket.
E. The "moneybag" symbol will never appear more than once on a ticket.
F. No duplicate WINNING CHIP play symbols on a ticket.
G. No duplicate YOUR CHIP play symbols on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "IN THE CHIPS" Instant Game prize of $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 "IN THE CHIPS" Instant Game prize of $1,000, $5,000 or $25,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment
will be made to the bearer of the validated winning ticket for that prize
upon presentation of proper identification. When paying a prize of $600 or
more, the Texas Lottery shall file the appropriate income reporting form with
the Internal Revenue Service (IRS) and shall withhold federal income tax at
a rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "IN THE CHIPS" 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 "IN THE CHIPS"
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 "IN THE CHIPS" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000
tickets in the Instant Game No. 692. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 692 - 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 692 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. 692,
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-200603673
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 11, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 694 is "DOUBLE DOUBLER". The play style
is "match 3 of 6 with 2X and 4X".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 694 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 694.
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, $5.00, $10.00, $20.00, $40.00,
$100, $1,000, SINGLE SYMBOL, DOUBLE SYMBOL or DOUBLE DOUBLER SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 694 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 694 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (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, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $40.00, $80.00, $100, $200 or $400.
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 (694), 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: 694-0000001-001.
L. Pack - A pack of "DOUBLE DOUBLER" 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 "DOUBLE
DOUBLER" Instant Game No. 694 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 "DOUBLE
DOUBLER" Instant Game is determined once the latex on the ticket is scratched
off to expose 7 (seven) Play Symbols. If a player reveals 3 (three) matching
amounts, the player wins that amount. Scratch YOUR PRIZE LEVEL box for a chance
to win Double or even 4 (four) times your prize. No portion of the display
printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 7 (seven) 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 7 (seven)
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 7 (seven) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures;
17. Each of the 7 (seven) 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 symbols on a ticket.
C. No three pairs on a ticket.
D. No non-winning ticket will ever contain one or more pairs of match 3
play symbols with the DOUBLE PRIZE or DOUBLE DOUBLER play symbol in the YOUR
PRIZE LEVEL box.
2.3 Procedure for Claiming Prizes.
A. To claim a "DOUBLE DOUBLER" Instant Game prize of $1.00, $2.00, $4.00,
$10.00, $20.00, $40.00, $80.00, $100, $200 or $400, a claimant shall sign
the back of the ticket in the space designated on the ticket and present the
winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall
verify the claim and, if valid, and upon presentation of proper identification,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $40.00, $80.00, $100, $200 or $400 ticket. In the event the Texas
Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall
provide the claimant with a claim form and instruct the claimant on how to
file a claim with the Texas Lottery. If the claim is validated by the Texas
Lottery, a check shall be forwarded to the claimant in the amount due. In
the event the claim is not validated, the claim shall be denied and the claimant
shall be notified promptly. A claimant may also claim any of the above prizes
under the procedure described in Section 2.3.B and Section 2.3.C of these
Game Procedures.
B. To claim a "DOUBLE 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 "DOUBLE 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 "DOUBLE 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 "DOUBLE 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. 694. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 694 - 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 694 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. 694,
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-200603637
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 7, 2006
Benchmarking Contract
The North Central Texas Council of Governments (NCTCOG) signed a contract
with R. W. Beck, effective June 27, 2006, for the Regional Residential and
Commercial Recycling Rate Benchmarking Study. The contract amount is $95,000.00.
Any questions regarding this project should be directed to Patricia D. B.
Redfearn, Ph.D., in NCTCOG's Environment and Development Department, at (817)
608-2360, or predfearn@nctcog.org.
TRD-200603703
Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: July 12, 2006
Notice of Intent for Teaming Services on SH 121 (Collin and Denton Counties, Texas)
INTRODUCTION
The NTTA:
The North Texas Tollway Authority (the ''NTTA'') is a regional tollway
authority and political subdivision of the State of Texas, existing and operating
under Chapter 366 of the Texas Transportation Code. It is authorized to acquire,
design, finance, construct, maintain, repair and operate turnpike projects
in Collin, Dallas, Denton and Tarrant Counties in the North Texas region,
United States.
The NTTA has built and operates the Dallas North Tollway System, consisting
of the Dallas North Tollway, the President George Bush Turnpike, the Addison
Airport Toll Tunnel and the Mountain Creek Lake Bridge. The Dallas North Tollway
System averages over a million toll transactions a day.
The NTTA has raised capital to design and construct its turnpike projects
through the issuance of tax-exempt revenue bonds; it receives no direct tax
funding. With significant reserves and debt service coverage levels, the system
has earned a credit rating of A+/A1.
Additional information regarding the NTTA, including the 2005 Annual Report,
can be obtained at its website: www.ntta.org.
The Project:
Last summer, Skanska BOT made an unsolicited proposal to the Texas Department
of Transportation (''TxDOT'') to execute a Comprehensive Development Agreement
(''CDA'') to finance, construct, operate and maintain SH 121 in Denton and
Collin Counties as a toll road. Segments of SH 121 from near DFW Airport in
Denton County to Hillcrest Road in Collin County are being constructed by
TxDOT with state highway funds, while the selected developer would be required
to construct the SH 121 main lanes from Hillcrest to US 75, together with
intersections at the Dallas North Tollway and at US 75 (''SH 121'').
Subsequently, TxDOT sought competing proposals from other interested firms,
and short-listed these four firms to compete for this CDA:
• Skanska BOT (Granite Construction, Morgan Stanley)
• Macquarie Infrastructure (Gilbert/Abrams, Kiewit)
• Cintra (Ferrovial Agroman)
• Pioneer Heritage Partners (Transurban, Fluor, Parsons, Balfour Beatty)
Over the last six months, the NTTA has been in discussions with TxDOT concerning
whether NTTA would participate as a member of any of the CDA teams, or whether
the NTTA would submit a competing proposal. The Regional Transportation Council
requested that the NTTA submit a competing proposal at their April Meeting.
At a Special Called Meeting in May, the NTTA Board elected not to provide
services to the CDA proposers, thereby reserving the right under its Memorandum
of Understanding with TxDOT to develop SH 121 on some other basis. At its
Regular Meeting on June 21, the NTTA Board followed up its previous action
by authorizing and instructing its staff to prepare a proposal to TxDOT and
the Regional Transportation Council for the NTTA to design, finance, construct,
maintain and operate SH 121 for a period of 50 years.
In response to the NTTA's decision, TxDOT advised the four short-listed
proposers that the NTTA ''has stated its intent to submit a formal request
to TxDOT to allow NTTA to deliver, operate and maintain the Project.'' TxDOT
also formulated a process that TxDOT will follow in comparing the NTTA submittal
and the apparent best-value CDA proposal. The NTTA's submittal and the CDA
proposals are due on November 30, 2006.
THE TEAMING SERVICES
The RFQ:
The NTTA currently intends to issue on or after July 19, 2006 a Request
for Qualifications for Teaming Services on SH 121 (the ''RFQ''). The anticipated
due date for the responses to the RFQ is August 2, 2006, with interviews with
the highest-ranked respondent(s) to follow shortly thereafter.
By issuing this NOI the NTTA is in no manner obligating itself to issue
the RFQ and, if an RFQ is issued, the NTTA explicitly reserves the right to
modify in that RFQ any of the terms or dates stated in this NOI.
The NTTA's Goals and Requests:
The NTTA intends to utilize the RFQ to identify and retain a single entity
(that may subcontract subsequently with other entities) with suitable public/private
partnership (''P3'') experience and capabilities to complement the NTTA's
core competencies. The NTTA anticipates that, due to time constraints and
other factors, the initial relationship with the selected entity (the ''Selected
Respondent'') will be similar to a consulting relationship. However, the NTTA
currently expects and desires for the parties to diligently evaluate and advance
the possibility of the relationship becoming more of a partner/team member
relationship in accordance with the NTTA's enabling legislation and a Public/Private
Partnership Policy which is being formulated, and is anticipated to be presented
to its Board of Directors at its July 19th meeting.
The primary capabilities sought by the NTTA from
the Selected Respondent include:
• Design-Build Capabilities and Innovative Contracting Methods: The
NTTA is seeking a team member with substantial in-house design/build expertise
and capabilities, with a corresponding track record of implementing innovative
approaches to complex road projects. Emphasis will be placed on demonstrated
experience of design/build activities within the context of projects awarded
under concession agreements with public authorities responsible for transportation.
It will also be important to demonstrate experience and capacity (both technical
and financial) to perform successfully under turn- key, fixed price design/build
contract arrangements for projects of similar size and complexity to SH 121.
• Lifecycle Maintenance: There may also be opportunities for the Selected
Respondent to be involved in the provision of lifecycle maintenance on the
project assets. Consequently, the NTTA will expect to work with the team member
to conduct a thorough examination of whole-life costing approaches.
• Bid Formulation and Execution: The NTTA is seeking a team member
with a track record of successfully leading ''consortiums'' bidding on P3
projects. Emphasis will be placed on experience with projects involving real
toll revenue risks and/or projects awarded primarily on the basis of the up-front
payment to the sponsoring governmental authority. The NTTA will seek to assure
itself that the team member possesses a number of core competencies, including:
(a) the ability to assist in identifying successful bidding strategies and
tactics; (b) the capacity to dedicate qualified bid team resources to the
project; (c) the ability to craft and deliver comprehensive P3 bid proposals;
(d) experience with P3 project risk analysis and allocation; (e) experience
with a wide variety of financing approaches for P3 projects; and (f) experience
with contract negotiation (both at the concession agreement level and for
key subcontracts) through to successful execution.
• Equity Finance for P3 Projects and Financial Substance: The NTTA
is evaluating the utilization of innovative financing mechanisms, including
the use of private sector equity, in order to optimize its SH 121 submittal.
The NTTA will seek to understand the degree to which a potential team member
has in-house sources of equity for P3 projects, and a demonstrated track record
of employing such resources in P3 projects of similar size and complexity
to SH 121. In addition, the potential team member will need to demonstrate
a threshold level of financial substance - including measures of capitalization,
liquidity and funding capacity to be defined in the RFQ.
Request the RFQ:
If you are interested in receiving a copy of the RFQ if and when it is
issued, please email your firm's name and its preferred contact information
to rfranklin@ntta.org. Please do not transmit any questions or requests insofar
as they will not receive a response.
SH 121 Proposers and Team Members:
Please note that pursuant to TxDOT's conflict of interest policies, the
NTTA cannot entertain expressions of interest from the four proposers short-listed
by TxDOT for SH 121 or from their team members.
TRD-200603721
Nancy Greer
Assistant Secretary, Board of Directors
North Texas Tollway Authority
Filed: July 12, 2006
Notice of Acceptance of Conservation Easement
9,470 Acres Adjacent to Black Gap Wildlife Management Area
Brewster County
In a meeting on August 24, 2006, the Texas Parks and Wildlife Commission
(the Commission) will consider accepting the donation of a conservation easement
on approximately 9,470 acres adjacent to the Black Gap WMA in Brewster County.
The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin, Texas.
Before taking action, the Commission will take public comment regarding the
proposed transaction. Public comment may be submitted to Ted Hollingsworth,
Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas
78744, by email at ted.hollingsworth@tpwd.state.tx.us, or in person at the
meeting.
TRD-200603678
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 11, 2006
Black Gap Wildlife Management Area
Brewster County
In a meeting on August 24, 2006, the Texas Parks and Wildlife Commission
(the Commission) will consider the acceptance of a donation of five inholding
tracts totaling approximately 1,340 acres within the Black Gap WMA in Brewster
County. The meeting will start at 9:00 a.m. at 4200 Smith School Road, Austin,
Texas. Before taking action, the Commission will take public comment regarding
the proposed transaction. Public comment may be submitted to Ted Hollingsworth,
Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas
78744, by email at ted.hollingsworth@tpwd.state.tx.us, or in person at the
meeting.
TRD-200603677
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 11, 2006
Lockhart State Park
Caldwell County
In a meeting on August 24, 2006, the Texas Parks and Wildlife Commission
(the Commission) will consider a proposal that a recommendation be forwarded
to the Board for Lease at the General Land Office (GLO) to accept the nomination
of mineral rights on Lockhart State Park in Caldwell County for an oil and
gas lease. The proposed recommendation will request off site drilling only
and no occupancy of the surface of the park. The meeting will start at 9:00
a.m. at 4200 Smith School Road, Austin, Texas. Before taking action on this
matter, the Commission will take public comment regarding the proposed recommendation.
Public comment may be submitted to Corky Kuhlmann, Land Conservation, Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744,
by email at corky.kuhlmann@tpwd.state.tx.us, or in person at the meeting.
TRD-200603676
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 11, 2006
Correction of Error
The Texas Board of Professional Land Surveying proposed an amendment to
22 TAC §663.17 in the July 14, 2006, issue of the
Texas Register
(31 TexReg 5540). The first sentence of subsection (e)
contained an error. The words "contain more than 20 lots and" should not have
been included.
The first sentence of §663.17(e) should read as follows.
(e) Subdivisions that require infrastructure construction must have exterior
corner monumentation set prior to plat recordation. . . .
TRD-200603704
Notice of Application for Amendment to Certificate of Convenience and Necessity for Name Change
Notice is given to the public of an application filed on July 6, 2006,
with the Public Utility Commission of Texas, for an amendment to a certificate
of convenience and necessity for a name change.
Docket Style and Number: Application of Texas ALLTEL, Inc. for an Amendment
to its Certificate of Convenience and Necessity for Name Change. Docket Number
32910.
The Application: Texas ALLTEL, Inc. (ALLTEL or the Applicant) filed an
application for an amendment to its Certificate of Convenience and Necessity
(CCN) Number 40080 for name change only. Applicant stated that Texas ALLTEL's
parent company, Alltel Corporation is spinning off its wireline operations
and merging them with Valor Communications Group, Inc. This merger transaction
will close upon receipt of regulatory approvals, expected by July 17, 2006.
The name of the new parent corporation is Windstream Corporation. ALLTEL seeks
to change its name from Texas ALLTEL, Inc., to Windstream Texas, Inc. to reflect
the new ownership and affiliation with Windstream Corporation.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas by July 28, 2006, 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 use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 32910.
TRD-200603666
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 2006
Notice is given to the public of an application filed on July 6, 2006,
with the Public Utility Commission of Texas (commission), for an amendment
to a certificate of convenience and necessity for a name change.
Docket Style and Number: Application of Sugar Land Telephone Company for
an Amendment to its Certificate of Convenience and Necessity for Name Change.
Docket Number 32911.
The Application: Sugar Land Telephone Company (Sugar Land or the Applicant)
filed an application for an amendment to its Certificate of Convenience and
Necessity (CCN) Number 40062 for name change only. Applicant stated that Sugar
Land's parent company, Alltel Corporation is spinning off its wireline operations
and merging them with Valor Communications Group, Inc. This merger transaction
will close upon receipt of regulatory approvals, expected by July 17, 2006.
The name of the new parent corporation is Windstream Corporation. Sugar Land
seeks to change its name from Sugar Land Telephone Company to Windstream Sugar
Land, Inc. to reflect the new ownership and affiliation with Windstream Corporation.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas by July 28, 2006, 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 use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 32911.
TRD-200603667
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 2006
On June 30, 2006, NOS Communications, Inc. filed an application with the
Public Utility Commission of Texas (commission) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60022. Applicant intends to reflect a change in ownership/control.
The Application: Application of NOS Communications, Inc. for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
32891.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
July 26, 2006. Hearing and speech-impaired individuals with text telephones
(TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All comments should reference Docket Number 32891.
TRD-200603662
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on July 6, 2006, for a certificate of
convenience and necessity for a proposed transmission line in Denton County,
Texas
Docket Style and Number: Application of Brazos Electric Power Cooperative,
Inc. for a Certificate of Convenience and Necessity for a Proposed Transmission
Line in Denton County, Texas. Docket Number 32871.
The Application: The project is designated the Mustang Transmission Line
Project. Brazos Electric Power Cooperative, Inc. (Brazos Electric) stated
that the proposed transmission line is needed due to address load growth and
potential load growth north of Highway 380 and west of the proposed Dallas
North Tollway. The miles of right-of-way for this project will be approximately
8.0 miles. The estimated date to energize facilities is January 2008.
Persons wishing to intervene or comment on the action sought should contact
the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477.
The current deadline for intervention in this proceeding is August 21, 2006.
Hearing and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 32871.
TRD-200603688
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 11, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on July 7, 2006, for a certificate of
convenience and necessity for a proposed transmission line in Henderson and
Van Zandt Counties, Texas.
Docket Style and Number: Application of Rayburn Country Electric Cooperative,
Inc. for a Certificate of Convenience and Necessity for a Proposed Transmission
Line in Henderson and Van Zandt Counties, Texas. Docket Number 32707.
The Application: The application of Rayburn Country Electric Cooperative,
Inc. (RCEC) for a proposed transmission line is designated the RCEC 138-kV
Interconnect Project. RCEC stated that the proposed transmission line is needed
to address reliability problems on the RCEC Loop and provide additional transfer
capability to serve the growing area. The miles of right-of-way for this project
will be approximately 10.7 miles (preferred route). The estimated date to
energize facilities is August 2008.
Persons wishing to intervene or comment on the action sought should contact
the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477.
The deadline for intervention in this proceeding is August 21, 2006. Hearing
and speech-impaired individuals with text telephone (TTY) may contact the
commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 32707.
TRD-200603687
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 11, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on July 3, 2006, for an amendment to certificated
service area boundaries within Deaf Smith and Oldham Counties, Texas.
Docket Style and Number: Application of Deaf Smith Electric Cooperative,
Inc. for a Certificate of Convenience and Necessity for a Service Area Exception
within Deaf Smith and Oldham Counties. Docket Number 32901.
The Application: Deaf Smith Electric Cooperative, Inc. (DSEC) filed an
application for a service area exception to amend certificated service area
boundaries within Deaf Smith and Oldham Counties. DSEC seeks to provide service
to a specific customer located within the certificated service area of Xcel
Energy.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than July 28, 2006 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 use Relay
Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number
32901.
TRD-200603665
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on July 6, 2006, for an amendment
to certificated service area boundaries within Moore County, Texas.
Docket Style and Number: Application of Southwestern Public Service Company,
an Excel Energy Company, for a Certificate of Convenience and Necessity for
Service Area Exception within Moore County. Docket Number 32914.
The Application: Southwestern Public Service Company (SPS) seeks to provide
service to a specific customer located within the certificated service area
of Rita Blanca Electric Cooperative, Inc. (RBEC). The customer has requested
service from SPS. RBEC is in full agreement with the territory amendment.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than July 28, 2006 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 use Relay
Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number
32914.
TRD-200603668
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 2006
Notice is given to the public of the filing on June 20, 2006, with the
Public Utility Commission of Texas (commission), a notice of intent to file
a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214.
The Applicant will file the LRIC study on July 10, 2006.
Docket Title and Number: Application of CenturyTel of Port Aransas, Inc.
for Approval of LRIC Study for a Promotion of Caller ID Plus Service Pursuant
to P.U.C. Substantive Rule §26.214, Docket Number 32894.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 32894. Written comments or recommendations should be filed no
later than forty-five (45) days after the date of a sufficient study and should
be filed at 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 telephones (TTY) may contact
the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments
should reference Docket Number 32894.
TRD-200603661
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 2006
Notice is given to the public of the filing on June 20, 2006, with the
Public Utility Commission of Texas (commission), a notice of intent to file
a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214.
The Applicant will file the LRIC study on July 10, 2006.
Docket Title and Number: Application of CenturyTel of San Marcos, Inc.
for Approval of LRIC Study for a Promotion of Caller ID Plus Service Pursuant
to P.U.C. Substantive Rule §26.214, Docket Number 32895.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 32895. Written comments or recommendations should be filed no
later than forty-five (45) days after the date of a sufficient study and should
be filed at 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 telephones (TTY) may contact
the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments
should reference Docket Number 32895.
TRD-200603663
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 2006
Notice is given to the public of the filing on June 20, 2006, with the
Public Utility Commission of Texas (commission), a notice of intent to file
a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214.
The Applicant will file the LRIC study on July 10, 2006.
Docket Title and Number: Application of CenturyTel of Lake Dallas, Inc.
for Approval of LRIC Study for a Promotion of Caller ID Plus Service Pursuant
to P.U.C. Substantive Rule §26.214, Docket Number 32896.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 32896. Written comments or recommendations should be filed no
later than forty-five (45) days after the date of a sufficient study and should
be filed at 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 telephones (TTY) may contact
the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments
should reference Docket Number 32896.
TRD-200603664
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 10, 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:
Hayley Builders, Inc., 7257 Up River Road, Corpus Christi, Texas 78409.
Hayley Builders, Inc., holds TRCC builder registration #2202. The applicant's
registered agent is Richard Hayley.
Garvey Homes, Ltd., 2712 King Arthur Boulevard, Lewisville, Texas 75056.
Garvey Homes, Ltd., holds TRCC builder registration #6542. The applicant's
registered agent is Robert Hansen.
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-200603695
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: July 12, 2006
Notice of Consultant Contract Renewal
In compliance with the provisions of Chapter 2254, Subchapter B, Texas
Government Code, Stephen F. Austin State University furnishes this notice
of renewal to the University's contract with LCS Development Group, 115 N.
University Dr., Suite F, Nacogdoches, TX 75964. The original contract was
in the sum of $35,000 with three subsequent renewals in the amount of $10,000.
The original contract award was published in the July 30, 1999, issue of the
No documents, films, recording, or reports of intangible results will be
required to be presented by the outside consultant. Services are provided
on an as-needed basis.
For further information, please call (936) 468-2206.
TRD-200603615
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: July 5, 2006
In compliance with the provisions of Chapter 2254, Subchapter B, Texas
Government Code, Stephen F. Austin State University furnishes this notice
of renewal of the University's contract with consultant Patrick Odell, 3200
Windsor, Waco, TX 76708. The original contract was in the sum of $6,156.00
plus expenses. The first renewal was published in the December 19, 2003, issue
of the
Texas Register
(28 TexReg 11433). The
contract will be renewed in an additional sum not to exceed $3,000.
No documents, films, recording, or reports of intangible results will be
required to be presented by the outside consultant. Services are provided
on an as-needed basis.
For further information, please call Dr. Jasper Adams at (936) 468-3805.
TRD-200603616
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: July 5, 2006
Aviation Division - Request for Proposal for Aviation Engineering Services
The City of Lago Vista, through its agent the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional engineering firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division
will solicit and receive proposals for professional aviation engineering design
services described below:
Airport Sponsor: City of Lago Vista, Rusty Allen Airport. TxDOT CSJ No.
0614LAGOV. Scope: Provide engineering/design services to rehabilitate and
mark Runway 15-33; rehabilitate taxiways and apron; complete eastside taxiway
and demo cross taxiways; signage for eastside parallel taxiway; taxiway marking
with centerline and edge reflectors; pave grass area southeast of fuel system;
supplemental wind cone at Runway 15; and feasibility study of 10-foot security
fencing at the Rusty Allen Airport.
The DBE goal is set at 0%. TxDOT Project Manager is Harry Lorton, P.E.
To assist in your proposal preparation, the most recent Airport Layout
Plan, 5010 drawing, and project narrative are available online at
www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm
by selecting
"Rusty Allen Airport".
Interested firms shall utilize the latest version of Form AVN-550, titled
"Aviation Engineering Services Proposal". The form may be requested from TxDOT
Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number,
1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded
from the TxDOT web site, URL address
http://www.dot.state.tx.us/forms/aviation/550.doc
. The form may not be altered in any way. All printing must be in black
on white paper, except for the optional illustration page. Firms must carefully
follow the instructions provided on each page of the form. Proposals may not
exceed the number of pages in the proposal format. The proposal format consists
of seven pages of data plus two optional pages consisting of an illustration
page and a proposal summary page. Proposals shall be stapled but not bound
in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-550,
firms are encouraged to download Form AVN-550 from the TxDOT website as addressed
above. Utilization of Form AVN-550 from a previous download may not be the
exact same format. Form AVN-550 is an MS Word Template.
Please note:
Six completed, unfolded copies of Form AVN-550
must be received
by TxDOT Aviation at 150 E. Riverside Drive, 5th Floor,
South Tower, Austin, Texas 78704 no later than August 15, 2006, 4:00 p.m.
Electronic facsimiles or forms sent by e-mail will not be accepted. Please
mark the envelope of the forms to the attention of Sheri Quinlan.
The Consultant Selection Committee (committee) will be composed of TxDOT
Aviation Division staff members and one local government member. The committee
will review all proposals and rate and rank each. The final selection by the
committee will generally be made following the completion of review of proposals.
The criteria for evaluating engineering proposals can be found at
http://www.dot.state.tx.us/services/aviation/consultant.htm
. All firms
will be notified and the top-rated firm will be contacted to begin fee negotiations.
The committee does, however, reserve the right to conduct interviews with
the top-rated firms if the committee deems it necessary. If interviews are
conducted, selection will be made following interviews.
If there are any procedural questions, please contact Sheri Quinlan, Grant
Manager, or Harry Lorton, Project Manager for technical questions, at 1-800-68-PILOT
(74568).
TRD-200603636
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 7, 2006
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative
Code, §30.209, the Texas Department of Transportation conducts public
hearings to receive comments from interested parties concerning proposed approval
of various aviation projects.
For information regarding actions and times for aviation public hearings,
please go to the following web site:
http://www.dot.state.tx.us
. Click on Aviation, then click on Aviation Public Hearing; or, contact
Joyce Moulton, Aviation Division, 150 East Riverside, Austin, Texas 78704,
(512) 416-4501 or 800-68-PILOT.
TRD-200603635
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 7, 2006
Office of the Attorney General
Texas Building and Procurement Commission
Request for Proposal
Coastal Coordination Council
Notice of Texas Coastal Coordination Council's Submittal of Program Changes to the National Oceanic and Atmospheric Administration's Office of Ocean and Coastal Resource Management and Request for Public Comment
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Agreed Orders
Notice of Water Quality Applications
Notice of Water Rights Application
Proposal for Decision
Texas Ethics Commission
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
less than 300 ppb
] may be distributed
when destined for
finishing
[
feedlot
] cattle
in
confinement; grain containing >300 to ≤500 ppb aflatoxin requires a
blending permit issued by the Office of the Texas State Chemist; aflatoxin >500
ppb in grain and >300 ppb in oilseed, processed grain, and oilseed meal
may not enter commerce and a record of disposition shall be submitted to the
Office of the Texas State Chemist.
"
Texas Health and Human Services Commission
Notice of Extension of Comment Period and Notice of Hearing on Proposed Provider Participation Requirements
Notice of Extension of Comment Period and Notice of Hearing on Proposed Reimbursement Adjustments for Hospitals Providing Inpatient Services to Supplemental Security Income (SSI) and SSI-Related Clients
Notice of Extension of Comment Period and Notice of Hearing on Proposed Reimbursement Methodology for Inpatient Psychiatric Facilities
Notice of Extension of Comment Period and Notice of Hearing on Proposed Supplemental Payments to Children's Hospitals
Notice of Hearing on Proposed Provider Reimbursement Rates
Notice of Hearing on Proposed Provider Reimbursement Rates
Department of State Health Services
Notice of Agreed Orders
Texas Department of Housing and Community Affairs
Multifamily Housing Revenue Refunding Bonds (Rolling Creek Apartments) Series 2006
Texas Department of Insurance
Notice of Public Hearing
Third Party Administrator Applications
Joint Financial Regulatory Agencies
Texas Lottery Commission
Instant Game Number 691 "Star of Texas"
Instant Game Number 692 "In The Chips"
Instant Game Number 694 "Double Doubler"
North Central Texas Council of Governments
North Texas Tollway Authority
Texas Parks and Wildlife Department
Notice of Land Donation
Notice of Oil and Gas Lease Nomination
Texas Board of Professional Land Surveying
Public Utility Commission of Texas
Notice of Application for Amendment to Certificate of Convenience and Necessity for Name Change
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Certificate of Convenience and Necessity for a Proposed Transmission Line in Denton County, Texas
Notice of Application for Certificate of Convenience and Necessity for a Proposed Transmission Line in Henderson and Van Zandt Counties, Texas
Notice of Application to Amend Certificated Service Area Boundaries in Deaf Smith and Oldham Counties, Texas
Notice of Application to Amend Certificated Service Area Boundaries in Moore County, Texas
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Notice of Intent to File LRIC Study Pursuant to P.U.C. Substantive Rule §26.214
Texas Residential Construction Commission
Stephen F. Austin State University
Notice of Consultant Contract Renewal
Texas Department of Transportation
Public Notice - Aviation
Texas Water Development Board