Department of Aging and Disability Services
Open Solicitation #2 for Real County
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and
40 Texas Administrative Code (TAC) §19.2324(c), secondary selection process,
the Department of Aging and Disability Services (DADS) is announcing an open
solicitation period of 30 days, effective the date of this public notice,
for
Real County, County #193
. Medicaid nursing
facility occupancy rates in
Real County
exceeded
the 90% occupancy threshold for six consecutive months during the period of
TRD-200602942
Marianne Reat
General Counsel
Department of Aging and Disability Services
Filed: May 30, 2006
Request for Qualifications
Ark-Tex Council of Governments (ATCOG) is seeking qualified persons for
Environmental Enforcement training. Please contact Elizabeth Layman, Environmental
Resource Planner, at ATCOG, 122 Plaza West or by calling (903) 832-8636.
TRD-200602943
L. D. Williamson
Executive Director
Ark-Tex Council of Governments
Filed: May 30, 2006
Request for Proposal
The Texas Building and Procurement Commission (TBPC), on behalf of the
Department of Assistive and Rehabilitative Services (DARS), announces the
issuance of Request for Proposals (RFP) #303-6-11386. TBPC seeks a 5 year
lease of approximately 4,952 square feet of office space in the McAllen or
Edinburg area, Hidalgo County, Texas.
The deadline for questions is June 13, 2006 and the deadline for proposals
is June 22, 2006 at 3:00 P.M. The award date is July 24, 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 a RFP. Neither this notice nor the RFP commits TBPC
to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting
TBPC Purchaser Myra Beer at (512) 463-5773. A copy of the revised RFP may
be downloaded from the
Electronic State Business
Daily
at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=64674.
TRD-200602935
Ingrid Hansen
General Counsel
Texas Building and Procurement Commission
Filed: May 26, 2006
The Texas Building and Procurement Commission (TBPC), on behalf of the
Comptroller of Public Accounts (CPA), announces the issuance of Request for
Proposals (RFP) #303-6-11581. TBPC seeks a five year lease of approximately
2,390 square feet of office space in Houston, Texas.
The deadline for questions is June 20, 2006 and the deadline for proposals
is June 29, 2006 at 3:00 p.m. The award date is August 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=65104.
TRD-200602955
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Filed: May 31, 2006
RFQ 175q - Independent Examining Services
Request for Qualifications: Pursuant to Senate Bill 1458, 77th Texas Legislature,
codified in Subchapter A, Chapter 111, §111.0045, Texas Tax Code, the
Comptroller of Public Accounts (the Comptroller) issues this Request for Qualifications
(RFQ #175q) from qualified independent persons or firms to perform certain
services. As a clarification, as used in this RFQ #175q and the Comptroller's
rules codified at 34 TAC §3.3, the services under any contracts resulting
from this RFQ mean tax compliance examination services; such services do not
include any attestation services or rendition of an opinion of any nature
by any such contractors.
The Comptroller issued this RFQ #175q by posting it on the
Electronic State Business Daily
on June 9, 2006, and, by publishing
this RFQ #175q in the June 9, 2006 issue of the
Texas Register
. The Comptroller solicits a Statement of Qualifications
pursuant to Chapter 2254, Subchapter A, of the Texas Government Code from
persons or firms that are interested in contracting with the Comptroller to
perform examinations that meet the requirements of §111.0045, Texas Tax
Code; administrative rules adopted and procedures established by the Comptroller
under that statute; and other applicable law. The Comptroller has adopted
a rule governing contract examiners as codified at 34 TAC §3.3. Under
this RFQ, the Comptroller reserves the right to select and contract with one
or more persons or firms to conduct these examinations on an as-needed basis.
No minimum amount of examinations or compensation is guaranteed to any selected
contractor.
The Comptroller solicits Statements of Qualifications in response to this
RFQ from existing contract examiners as well as qualified persons or firms
not currently or previously under contract with the Comptroller. All respondents,
including contract examiners selected under previous RFQs must attend Mandatory
Orientation conducted by the Comptroller prior to receipt of any examination
packages under any contract awarded under this RFQ. However, respondents that
are existing contractors and have received an official notice of intent to
renew contract through August 31, 2007 do not need to submit a response to
this RFQ. The contract term shall be for one year ending August 31, 2007 with
no renewal options.
By this contract examination program, the Comptroller intends to increase
the number of examinations of taxpayers. The Comptroller has implemented a
program to contract with interested persons and firms that meet the following
minimum qualifications and other reasonable qualifications established by
the Comptroller consistent with §111.0045, Texas Tax Code; the Comptroller's
administrative rules and procedures; and other applicable law.
The Comptroller will accept Statements of Qualifications in response to
this RFQ from firms and individuals that have the following minimum qualifications:
(i) a bachelor's degree from an accredited senior college or university
with a minimum of twenty-four (24) hours of accounting, including six (6)
hours of intermediate accounting and three hours of auditing; and
(ii) one (1) year of experience in Texas tax auditing, accounting, or other
Texas tax services.
For state fiscal year 2007, the Comptroller will select, in its sole discretion,
those qualified contract examiners to perform examinations on an as-needed
and as-assigned basis that the Comptroller identifies as appropriate for inclusion
in such contracts. At the time of assignment, the Comptroller will provide
selected contract examiners with a preliminary examination package containing
the identity and requisite information for each taxpayer that will be examined
under the contract. The contracts will provide for one or more awards of not
to exceed $150,000 firm fixed price payment to the examiner upon successful
completion of the assigned examinations (final examination package) and the
Comptroller's written acceptance of the examination report and other contract
deliverables, including workpapers. Awards shall be based on the qualifications
of the examiners proposed in the Statement of Qualifications submitted. Individual
examiners submitting Statements of Qualification who have no other examiner
employees shall be considered, in the Comptroller's sole discretion, for one
(1) $60,000, $75,000, or $90,000 award; and individual examiners with at least
one (1) employee examiner and firms in the form of any business entity that
may lawfully perform examinations and which have two (2) or more examiners
may be considered, in the Comptroller's sole discretion, for multiple awards
of $60,000 or $75,000. Barring unforeseen circumstances, only one (1) round
of awards will be made at the beginning of the one (1) year contract term;
however, the Comptroller reserves the right, in its sole discretion, to make
additional awards during the one (1) year contract term. Payment will be made
in accordance with the terms of the contract. Each contract will require the
examiner to perform and complete the examinations, including the examination
reports, for a group of taxpayers that, based on historical examination completion
data, should require about 1,280 person hours of work for each $60,000 amount
to complete at the rate of $46.88 per hour. Examiners will be paid for assigned
work completed to date in $10,000 increments (except the last payment, if
applicable) upon completion of a set number of the examinations assigned as
determined by the Comptroller and, upon submission to and acceptance by the
Comptroller as provided in the contract.
In performing assigned examinations and for the contracted lump sum payments,
selected contract examiners will complete all work necessary to identify the
correct amount of tax that should have been reported by each taxpayer and
provide the Comptroller with the data and other information necessary to support
any assessment of tax or refund of tax that results from the examination report.
Selected contract examiners will also provide any time reports and other written
documentation required by the Comptroller. The Comptroller will not make any
payments in advance.
Under this RFQ, the maximum contract amount paid to any individual examiner
without additional examiner employees, an individual examiner with additional
examiner employees, or a firm with multiple examiners will not exceed $150,000.00
for the FY 2007.
Selected contract examiners must complete all work and submit all examination
reports, workpapers, and other deliverables no later than required under the
terms of the proposed contract.
Selected contract examiners must meet professional conflict of interest
standards and other standards established by the Comptroller to ensure the
independence of each assigned examination.
Regarding prior employment with the Comptroller, the following provisions
shall apply in determining eligibility for contract awards, if any, resulting
from this RFQ.
Section 2252.901, Texas Government Code, reads as follows: "(a) A state
agency may not enter into an employment contract, a professional services
contract under Chapter 2254, or a consulting services contract under Chapter
2254 with a former or retired employee of the agency before the first anniversary
of the last date on which the individual was employed by the agency, if appropriated
money will be used to make payments under the contract. This section does
not prohibit an agency from entering into a professional services contract
with a corporation, firm, or other business entity that employs a former or
retired employee of the agency within one year of the employee leaving the
agency, provided that the former or retired employee does not perform services
on projects for the corporation, firm, or other business entity that the employee
worked on while employed by the agency."
Pursuant to the above statute, an individual employed by the Comptroller
during the last twelve (12) months may be employed by another Contractor but
shall not work on projects or perform examinations on taxpayers he or she
examined while employed by the Comptroller. That is, the Comptroller interprets
"projects" within §2252.901 to include specific examinations performed
or worked on by the former employee. Additionally, it is the Comptroller's
policy that, if a former employee of the Comptroller of the type described
above is employed by or associated with a business entity in which such employee
holds any equity interest, then the firm may not contract with the Comptroller
within the twelve (12) month period. The twelve (12) month period is determined
by working back from the effective date of the proposed contract.
Section 572.054, Texas Govt. Code, reads in pertinent part as follows:
"(b) A former state officer or employee of a regulatory agency who ceases
service or employment with that agency on or after January 1, 1992, may not
represent any person or receive compensation for services rendered on behalf
of any person regarding a particular matter in which the former officer or
employee participated during the period of state service or employment, either
through personal involvement or because the case or proceeding was a matter
within the officer's or employee's official responsibility.
(c) Subsection (b) applies only to:
(1) a state officer of a regulatory agency; or
(2) a state employee of a regulatory agency who is compensated, as of the
last date of state employment, at or above the amount prescribed by the General
Appropriations Act for step 1, salary group 17, of the position classification
salary schedule, including an employee who is exempt from the state's position
classification plan."
This §572.054 (b) prohibition against working on matters that the
former employee participated in while employed by the Comptroller applies
without limitation to any such past actions by the employee even if longer
than twelve (12) months, if the employee's compensation exceeded $33,000 annually
while employed by the Comptroller at any time during that employee's employment
with the Comptroller. Again, it is the Comptroller's policy interpretation
that "matter" includes specific examinations of taxpayers.
Time is of the essence in implementation of this program. Respondents to
this RFQ must be available to begin accepting assignments no later than September
2006 upon completion of orientation or other timelines established by the
Comptroller for such implementation. The Comptroller anticipates awarding
multiple master contracts as a result of this RFQ and will not entertain negotiation
of the basic terms and conditions. All respondents will be offered the same
master contract terms and conditions. Respondents should not respond to this
RFQ if they cannot agree to the terms and conditions of the sample contract.
Any resulting contracts are non-exclusive, and the Comptroller may issue additional
solicitations for the contracted services at any time. The Comptroller is
not obligated to assign any examinations to recipients of master contract
awards.
Questions; Proposed Contract: Questions concerning this RFQ must be in
writing and submitted via hand delivery, facsimile, or E-mail no later than
June 23, 2006, 2:00 p.m., Central Zone Time (CZT) to Thomas H. Hill, Assistant
General Counsel, Contracts, General Counsel Division, Comptroller of Public
Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas 78774, telephone number:
(512) 305-8673, facsimile (512) 475-0973 or E-mail at contracts@cpa.state.tx.us.
The Comptroller's official response to questions received by this deadline
will be posted as an addendum to the
Electronic State
Business Daily
notice as soon as possible after receipt; the Comptroller
expects to post these official responses no later than June 30, 2006 or as
soon thereafter as practicable. Respondents should note that the Official
Response to Questions may contain information modifying the terms and conditions
of the RFQ, revising or amending the RFQ and/or other documents attached to
the RFQ. For these reasons, respondents should carefully review and consider
the Official Response to Questions, amendments or modifications before submitting
their Statements of Qualification. A copy of the sample master contract, the
standard form vita described below, mandatory Execution of Statement of Qualifications
Form, and Required Checklist for Statements of Qualification are all attached
to this RFQ for reference and use by respondents.
Closing Date: An original with original ink signatures on each document
within the Statement of Qualifications requiring signatures and ten (10) hard
copies of each Statement of Qualifications clearly marked as copies must be
overnighted or hand delivered to and received in the Office of the Assistant
General Counsel, Contracts, at the address specified above no later than 2:00
p.m. (CZT), on July 14, 2006. Statements of Qualifications received after
this time and date will not be considered. No Statements of Qualification
will be accepted in any other format or media other than hard copy. Respondents
shall be solely responsible for confirming the timely receipt of Statements
of Qualifications.
Content: Statements of Qualifications must include all of the following
information in order to be considered:
1. Checklist in format of Exhibit G to this RFQ as posted on the addenda
to the
Electronic State Business Daily
notice
of issuance of this RFQ;
2. Transmittal letter that: (a) describes specific experience and qualifications
of both the firm and each individual in the conduct of state tax examinations
and (b) outlines the respondent's understanding of §111.0045, Texas Tax
Code, and other relevant provisions of the Texas Tax Code and other related
enabling legislation related to conduct of these examinations on an as-needed
basis;
3. Physical address of firm's or individual's business offices and each
local examination facility and primary contact person;
4. Vita and Addendum A for each individual who will be involved in the
project. The Vita and Addendum A must be on the form contained on the addenda
to the
Electronic State Business Daily
notice
of issuance of this RFQ. This response to the RFQ must disclose all personnel
who will perform professional services under the terms of the Master Agreement.
Respondent understands only those persons disclosed by the Vita and Addendum
A will be admitted to the required orientation classes. This provision will
be strictly enforced. All information on the vita form must be fully filled
out and complete in all respects. Evaluation of respondents will be based
in part on the information on this form, and it is vitally important that
the information be fully complete and accurate. Failure to submit a complete,
separate, and signed Vita and Addendum A detailing all courses, dates, and
subject of courses by each person who applies to perform examination services
shall result in disqualification of the Statement of Qualifications;
5. A sample Examination Plan providing a list of the examination procedures
and resources that will be utilized to conduct these examinations on an as-needed
basis if selected by the Comptroller. The Examination plan should list or
describe the actual procedures to be used in sufficient detail so as to demonstrate
an understanding of internal control, record keeping, and taxpayer reporting
responsibilities for sales tax and the appropriate examination procedures
necessary for verification of correct amounts of tax. The sample Examination
Plan must include all items contained in the General Audit Checklist section
of the Comptroller's Auditing Fundamentals Manual, Chapter 3, and all items
contained in the Audit Plan published in Chapter 4 of the Comptroller's Sales
Tax Audit Policy/Procedures Manual. The sample examination plan should include
all necessary procedures and instructions for completing those procedures
in sufficient detail to allow any person who meets the one-year experience
requirement in 34 TAC §3.3 to properly perform a sales and use tax examination
with minimal supervision. If portions of any Comptroller publication, manual
or other document are used to prepare the examination plan or incorporated
into the plan, the most current version must be used. The Comptroller's audit
manuals may be found at the following internet location:
http://www.window.state.tx.us/taxinfo/audit/auditman.htm. Also see the
Comptroller's Auditing Fundamentals Manual, Chapter 3 and 4 at http://www.window.state.tx.us/taxinfo/audit/auditfun/3aplan.htm
and http://www.window.state.tx.us/taxinfo/audit/auditfun/4entranc.htm, respectively.
Chapter 3 and 4 of the Sales Tax Policy/Procedure Manual are at http://www.window.state.tx.us/taxinfo/audit/salestax/3a.htm
and http://www.window.state.tx.us/taxinfo/audit/salestax/4a.htm, respectively;
6. Proposed sample Workplan (including Timeline, Tasks and Deliverables)
to implement each of the examinations after assignment, including: (a) methods
for deploying personnel and equipment to perform the examinations timely and
otherwise in accordance with each contractual requirement; (b) methods for
making personnel available for orientation and examination; and (c) date availability
for each of the personnel to perform assigned examinations; (d) methods for
conducting preliminary (prior to receipt of taxpayer questionnaire) and final
(after receipt of taxpayer questionnaire) conflicts checks regarding actual
or potential conflicts of interest and notifying the Comptroller prior to
accepting or beginning an assignment, and (e) an understanding of the Audit
Flowchart Timelines contained in the appendix of the Comptroller's Audit Fundamentals
Manual;
7. Statement of whether the respondent is a Historically Underutilized
Business (HUB) and its efforts and willingness of the respondent to comply
with the HUB requirements of Texas law and administrative rules and regulations.
In order to be a Historically Underutilized Business, a respondent must be
registered as such with the Texas Building and Procurement Commission according
to its rules and regulations concerning the same. You may check their website
at www.tbpc.state.tx.us and choose Historically Underutilized Businesses or
call the Comptroller's HUB Coordinator, Hilda Galaviz at 512-463-3911;
8. Confirmation of understanding of and willingness to comply with the
policies, directives, rules, procedures and guidelines of the Comptroller
and other Standards of Performance established by the Comptroller for the
conduct of the assigned examinations;
9. Confirmation of understanding of and willingness to adhere to all provisions
of the sample contract, including, without limitation, the proposed fee arrangements,
as posted on the addenda to the Electronic State Business Daily notice of
issuance of this RFQ;
10. Completed, initialed where applicable, and signed Execution of Statement
of Qualifications Form on Exhibit A as posted on the addenda to the
11. Completed and signed Nondisclosure Agreement on the form set out on
Exhibit D to this RFQ as posted on the addenda to the
Electronic State Business Daily
notice of issuance of this RFQ;
12 Signed letter or letters from a qualified insurance agent or agents
containing quotations for ALL OF the required insurance coverages set out
in Section VIII of the Master Agreement for Professional Services and stating
that the coverages are available to the respondent upon selection, if any,
of the contract examiner pursuant to this RFQ. In the alternative, respondents
may submit current certificates of insurance showing the required coverage
is already in force and in effect. Respondent's insurance agents shall be
ready to immediately issue policies and certificates upon notification of
the Respondent's selection. Time is of the essence and no Agreements will
be executed without the coverage required. A successful Respondent's preliminary
selection may be rescinded due to failure to have the required insurance coverage
by the time set by the Comptroller;
13. Completed, signed, and initialed where applicable Criminal History
Certification on the form set out on Exhibit E to this RFQ as posted on the
addenda to the
Electronic State Business Daily
notice
of issuance of this RFQ;
14. Completed and signed Family Code Certification on the form set out
on Exhibit F to this RFQ as posted on the addenda to the
Electronic State Business Daily
notice of issuance of this RFQ;
15. Completed and signed Required Checklist for Statements of Qualifications
on the form set out on Exhibit G to this RFQ as posted on the addenda to the
16. Signed Statement of representation that the respondent and all persons
listed as examiners in its Statement of Qualifications are neither respondents
under any other Statement of Qualifications responding to this RFQ, nor are
employed by, contracted with, and do not own any equity or debt interest in
any other respondent to this RFQ; and
17. Compliance with any amendments, modifications, or other requirements
and changes to the RFQ set out in the Official Response to Questions in connection
with this RFQ and posted by the Comptroller on the
Electronic State Business Daily
prior to the Closing Date for this
RFQ.
The above 17 items shall be submitted in the respondent's Statement of
Qualification as separate and independent numbered sections corresponding
to the above items. Failure to properly label and fully respond to each of
the 17 items above shall result in disqualification of the respondent.
Mandatory Orientation Session: Respondents must attend, at their sole cost
and expense, a mandatory orientation session to be conducted by the Comptroller
in Austin on August 30, 2006 through September 1, 2006 or as soon thereafter
as possible. Questions regarding this mandatory session should be submitted
prior to the deadline for submission of other written questions on this RFQ.
A contract examiner responding to this RFQ who has previously attended orientation
offered by the Comptroller in connection with any of the five prior RFQs for
contract examiners shall not be required to attend the above orientation session.
Evaluation and Award Procedure: All qualifying Statements of Qualifications
received by the deadline above will be evaluated based on the evaluation criteria
set out on Exhibit H attached to and made a part of this RFQ. The Comptroller
will make the final selections in accordance with Chapter 2254, Subchapter
A, Texas Government Code, in its sole discretion in the best interests of
the Comptroller and the State of Texas. Notice of contract awards will be
published in the
Electronic State Business Daily
and the
Texas Register
as soon as
possible after all contracts, if any, resulting from this Statement of Qualifications,
are fully executed. The
Electronic State Business
Daily
may be accessed online at: http://esbd.tbpc.state.tx.us/1380/sagency.cfm.
Protests. Protests regarding this RFQ or actions taken under it shall be
governed by the Comptroller's rule located at 34 TAC §1.72, Protests
of Agency Purchases.
Limitations: The Comptroller reserves the right to accept or reject any
or all Statements of Qualifications submitted in response to this RFQ. The
Comptroller reserves the further right to evaluate individual examiners employed
by a firm or who are employees of a respondent and approve of contract examiners
on an individual basis based on the evaluation criteria. The Comptroller is
not obligated to execute any contract or contracts or any specific number
of contracts as a result of issuing this RFQ. The Comptroller further reserves
the right to issue additional RFQs or other solicitations for the contracted
or similar services at any time as the Comptroller determines are necessary
to ensure an adequate number of examiners for any assigned examination under
this program or any similar program. The Comptroller shall pay no costs or
any other amounts incurred by any entity in responding to this RFQ. The Comptroller
reserves the right to award contracts on the basis of the need to achieve
appropriate examination coverage in all geographical areas of the State of
Texas and/or nationwide and to evaluate respondents in a manner that will
best achieve this need.
Summary of Schedule: The anticipated schedule is as follows: Issuance of
RFQ by publication in the June 9, 2006 issue of the
Texas Register
and issuance of RFQ, including sample contract, on
TRD-200602961
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: May 31, 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,
303.005, 303.008, 303.009, 304.003, and 346.101., Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 06/05/06 - 06/11/06 is 18% for Consumer
1
/Agricultural/Commercial
2
credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 06/05/06 - 06/11/06 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005 and §303.009
The monthly ceiling as prescribed by §303.005 and §303.009 for
the period of 06/01/06 - 06/30/06 is 18% for Commercial over $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009
for the period of 07/01/06 - 09/30/06 is 18% for Consumer/Agricultural/Commercial
credit thru $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009
for the period of 07/01/06 - 09/30/06 is 18% for Commercial over $250,000.
The retail credit card quarterly rate as prescribed by §303.009
The lender credit card quarterly rate as prescribed by §346.101, Tex.
Fin. Code
1
for the period of 07/01/06 - 09/30/06
is 18% for Consumer/Agricultural/Commercial credit thru $250,000.
The standard annual rate as prescribed by §303.008 and §303.009
The standard annual rate as prescribed by §303.008 and §303.009
for the period of 07/01/06 - 09/30/06 is 18% for Commercial over $250,000.
The retail credit card annual rate as prescribed by §303.009
The judgment ceiling as prescribed by §304.003 for the period of 06/01/06
- 06/30/06 is 8.00% for Consumer/Agricultural/Commercial credit thru $250,000.
The judgment ceiling as prescribed §304.003 for the period of 06/01/06
- 06/30/06 is 8.00% for Commercial over $250,000.
1
Credit for personal, family, or household
use.
2
Credit for business, commercial, investment,
or other similar purpose.
3
For variable rate commercial transactions
only.
4
Only for open-end credit as defined in §301.002(14),
Tex. Fin. Code.
TRD-200602944
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 30, 2006
Certification of Court Reporters
Following the examination of applicants on September 16, 2005, the Texas
Court Reporters Certification Board certified to the Supreme Court of Texas
the following individuals who are qualified in the method indicated to practice
shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:
MACHINE SHORTHAND: CARL BROWNING - HOUSTON, TX; ROXANNE DAVENPORT - ROUND
ROCK, TX; CHERYL PEMBERTON - VICKSBURG, MS; RAMONA REINHARDT - OAKLAND,
CA; ANGELIA SINGLETON - HOUSTON, TX; LINDA VERA - IRVING, TX; VICKI SMITH
- LEWISVILLE, TX; CHRISSA MANSFIELD - ALLEN, TX; LEAH PRIDGEN - ALLEN, TX;
STACI MORAN - MCKINNEY, TX; RUTH MCCLINTICK - PLANO, TX; JOY QUIROZ HERNANDEZ
- AUSTIN, TX; KAILEE WYATT - LEWISVILLE, TX; and RACHEL RIDDLE - LEWISVILLE,
TX.
Following the examination of applicants on April 28, 2006, the Texas Court
Reporters Certification Board certified to the Supreme Court of Texas the
following individuals who are qualified in the method indicated to practice
shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:
MACHINE SHORTHAND: RHONDA MOORE - CEDAR PARK, TX; ELVA CHAPA - SAN ANTONIO,
TX; MARTHA KOOMAR - CONROE, TX; CAROL DE LEON - SAN ANTONIO, TX; TIFFANY PINO
- RICHMOND, TX; HERMINIA TORRES - SAN ANTONIO, TX; CHRISIT FUHRMANN - KRUGERVILLE,
TX; PAULA VALDEZ - DALLAS, TX; TONYA LEBO - MCKINNEY, TX; CARRIE HALL - BEDFORD,
TX; SHELLY CROSSLAND - GARLAND, TX; ANGELICA ROBELDO - DALLAS, TX; TEFFANY
STRICKLAND - MILLSAP, TX; ANNE MARTINEZ - MESQUITE, TX; CHRISTY SIEVERT -
BRANDON, MS; ROBIN CARTER - AUSTIN, TX; CAROLYNN HAYES - EL PASO, TX; CRYSTAL
JOHNSON - DALLAS, TX; CLAUDIA ALMAGUER - DALLAS, TX; KRISTIN MCDOWELL - GRAND
PRAIRIE, TX; CASSANDRA MCCARTY - CLEVELAND, TX; LEIGH GOOD - BURLESON, TX;
MAYALE LOPEZ - EL PASO, TX; CINDY CARRANZA - HOUSTON, TX; SHERRI STADTER -
ALVIN, TX; JULIE BLACKLOCK - CORPUS CHRISTI, TX; ALLISON CUTTILL - DALLAS,
TX; LARISSA MCPHEARSON - FT. WORTH, TX; AMANDA LUCIDO - ROYSE CITY, TX; DIANE
GOMEZ - SHAVANO PARK, TX; JENNIFER PANCRATZ - SCOTTSDALE, AZ; EMILY ELLIS
- SAN ANTONIO, TX; KIMBERLY CUNNINGHAM - ROUND ROCK, TX; NATANYA TAYLOR -
RICHWOOD, TX; KATHERINE BOHANNON - HOUSTON, TX; KERRIENNE BOND - HOUSTON,
TX; BRITTANY GREEN - SCURRY, TX; and ANITA GARCIA - EL PASO, TX.
ORAL STENOGRAPHY: CARLA ANDERSON - WEATHERFORD, TX; JUDY GRILL - GRAND
PRAIRIE, TX; and TERESA GUERRERO - FT. WORTH, TX.
TRD-200602936
Sheryl Jones
Administrator of Licensing
Court Reporters Certification Board
Filed: May 26, 2006
Enforcement Orders
An agreed order was entered regarding Marina Quest-Captain's Cove, L.P.
dba Captain's Cove Marina, Docket No. 2003-0218-PST-E on May 22, 2006 assessing
$4,950 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
James Biggins, Staff Attorney at (210) 403-4017, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Azteca Milling, L.P., Docket No.
2003-1429-AIR-E on May 22, 2006 assessing $2,625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Cari-Michel LaCaille, Enforcement Coordinator at (512) 239-1387, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Century Industrial Coatings Incorporated,
Docket No. 2003-1266-MLM-E on May 22, 2006 assessing $14,400 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sami Awad dba Sammys Memorial Texaco
Inc., Docket No. 2003-1114-PST-E on May 22, 2006 assessing $4,800 in administrative
penalties with $960 deferred.
Information concerning any aspect of this order may be obtained by contacting
Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Mehmood Lakhani dba C-Store, Docket
No. 2002-0751-PST-E on May 22, 2006 assessing $17,120 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Department Of Transportation,
Docket No. 2001-0232-AIR-E on May 23, 2006 assessing $2,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AGA Enterprises, Inc., Docket No.
2003-1188-PST-E on May 22, 2006 assessing $13,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sid Richardson Energy Services, Ltd.,
Docket No. 2003-0166-AIR-E on May 22, 2006 assessing $70,288 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Dublin, Docket No. 2004-0573-MWD-E
on May 22, 2006 assessing $7,400 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Clara, Inc. dba Chevron Clara's Store
and Bakery, Docket No. 2004-1603-PST-E on May 22, 2006 assessing $1,600 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Becky Combs, Staff Attorney at (512) 239-6939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Lawn, Docket No. 2004-2098-PWS-E
on May 22, 2006 assessing $471 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding 5510 Acorn L.L.C. dba Acorn Mobile
Home Park, Docket No. 2004-2127-MWD-E on May 22, 2006 assessing $2,240 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Harmony Independent School District,
Docket No. 2005-0191-MWD-E on May 22, 2006 assessing $4,320 in administrative
penalties with $864 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Apro Corporation dba Flagship Car
Wash and Lube Center, Docket No. 2005-0230-PST-E on May 22, 2006 assessing
$5,200 in administrative penalties with $1,040 deferred.
Information concerning any aspect of this order may be obtained by contacting
Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Midway Truck Stop, Inc., Docket No.
2005-0278-PST-E on May 22, 2006 assessing $8,700 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Deanna Sigman, Staff Attorney at (512) 239-0619, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding S. M. S. Enterprises, Inc. dba AZ
Food Store, Docket No. 2005-0689-PST-E on May 22, 2006 assessing $2,652 in
administrative penalties with $530 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Dodd City, Docket No. 2005-0740-MWD-E
on May 22, 2006 assessing $15,350 in administrative penalties with $3,070
deferred.
Information concerning any aspect of this order may be obtained by contacting
Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding William C. Barfield, Docket No. 2005-0883-LII-E
on May 22, 2006 assessing $263 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Volente Beach Restaurant, Docket
No. 2005-0932-PWS-E on May 22, 2006 assessing $1,588 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael Limos, Enforcement Coordinator at (512) 239-5839, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding The Lubrizol Corporation, Docket
No. 2005-1020-AIR-E on May 22, 2006 assessing $6,396 in administrative penalties
with $1,279 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Tashi Enterprise, Inc. dba Star Jet
Truck Stop, Docket No. 2005-1202-PWS-E on May 22, 2006 assessing $2,980 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hamshire Community Water Supply Corporation,
Docket No. 2005-1229-PWS-E on May 22, 2006 assessing $323 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Shana Horton, Staff Attorney at (512) 239-1088, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Charles Harrell, Docket No. 2005-1273-LII-E
on May 22, 2006 assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rachael Gaines, Staff Attorney at (512) 239-1877, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cemex Construction Materials, L.P.,
Docket No. 2005-1311-MLM-E on May 22, 2006 assessing $12,600 in administrative
penalties with $2,520 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Taylor Petroleum Companies, Inc.,
Docket No. 2005-1349-PWS-E on May 22, 2006 assessing $2,800 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Wayne Chadick dba A & A Longhorn
Trailer Park, Docket No. 2005-1368-PWS-E on May 22, 2006 assessing $2,505
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Horall Ingram Jones, Jr. dba Jones
Septice Tank Cleaning, Docket No. 2005-1388-MLM-E on May 22, 2006 assessing
$10,890 in administrative penalties with $2,178 deferred.
Information concerning any aspect of this order may be obtained by contacting
Mac Vilas, Enforcement Coordinator at (512) 239-2557, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Juan Jose Ruiz, Docket No. 2005-1434-LII-E
on May 22, 2006 assessing $625 in administrative penalties with $125 deferred.
Information concerning any aspect of this order may be obtained by contacting
Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Elsa, Docket No. 2005-1526-PWS-E
on May 22, 2006 assessing $655 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Deanna Sigman, Staff Attorney at (512) 239-0619, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding James T. Marcum, Jr. and Joseph H.
Marcum, Docket No. 2005-1599-LII-E on May 22, 2006 assessing $625 in administrative
penalties with $125 deferred.
Information concerning any aspect of this order may be obtained by contacting
Michael Limos, Enforcement Coordinator at (512) 239-5839, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Dynegy Midstream Services, Limited
Partnership, Docket No. 2005-1636-AIR-E on May 22, 2006 assessing $9,375 in
administrative penalties with $1,875 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Beall Concrete Enterprises, Ltd.,
Docket No. 2005-1701-IWD-E on May 22, 2006 assessing $4,080 in administrative
penalties with $816 deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Amerada Hess Corporation, Docket
No. 2005-1761-IWD-E on May 22, 2006 assessing $2,125 in administrative penalties
with $425 deferred.
Information concerning any aspect of this order may be obtained by contacting
Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Eisenberg Properties, Ltd., Docket
No. 2005-1763-MSW-E on May 22, 2006 assessing $3,000 in administrative penalties
with $600 deferred.
Information concerning any aspect of this order may be obtained by contacting
Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wolf Hollow I, L.P., Docket No. 2005-1765-IWD-E
on May 22, 2006 assessing $1,540 in administrative penalties with $308 deferred.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Comtex Dairies, L.L.C., Docket No.
2005-1815-AGR-E on May 22, 2006 assessing $2,825 in administrative penalties
with $565 deferred.
Information concerning any aspect of this order may be obtained by contacting
Anita Keese, Enforcement Coordinator at (956) 430-6034, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rodney Warren McNeal dba McNeal Dairy,
Docket No. 2005-1834-AGR-E on May 22, 2006 assessing $5,200 in administrative
penalties with $1,040 deferred.
Information concerning any aspect of this order may be obtained by contacting
Edward Moderow, Enforcement Coordinator at (512) 239-2680, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Shawn & Sameer, Inc. dba Breckenridge
Minit Mart, Docket No. 2005-1848-PST-E on May 22, 2006 assessing $7,740 in
administrative penalties with $1,548 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Camp Eagle, Docket No. 2005-1854-PWS-E
on May 22, 2006 assessing $1,885 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding K-T Galvanizing Co., Inc., Docket
No. 2005-1863-AIR-E on May 22, 2006 assessing $9,000 in administrative penalties
with $1,800 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jason Kemp, Enforcement Coordinator at (512) 239-5610, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cardinal Meadows Improvement District,
Docket No. 2005-1866-MWD-E on May 22, 2006 assessing $3,210 in administrative
penalties with $642 deferred.
Information concerning any aspect of this order may be obtained by contacting
Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Dallas Convenience Stores Inc. dba
Mesquite Mini Mart, Docket No. 2005-1877-PST-E on May 22, 2006 assessing $15,000
in administrative penalties with $3,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Pflugerville, Docket No.
2005-1887-PWS-E on May 22, 2006 assessing $2,200 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Beaumont, Docket No. 2005-1901-MWD-E
on May 22, 2006 assessing $8,750 in administrative penalties with $1,750 deferred.
Information concerning any aspect of this order may be obtained by contacting
Ruben Soto, Enforcement Coordinator at (512) 239-4571, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Penreco, Docket No. 2005-1902-AIR-E
on May 22, 2006 assessing $20,750 in administrative penalties with $4,150
deferred.
Information concerning any aspect of this order may be obtained by contacting
Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Hillsboro, Docket No. 2005-1923-PWS-E
on May 22, 2006 assessing $2,600 in administrative penalties with $520 deferred.
Information concerning any aspect of this order may be obtained by contacting
Amanda King-Zrubek, Enforcement Coordinator at (512) 239-1860, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding A J & P Investors, Inc. dba Poolville
One Stop, Docket No. 2005-1929-PST-E on May 22, 2006 assessing $7,920 in administrative
penalties with $1,584 deferred.
Information concerning any aspect of this order may be obtained by contacting
Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Enbridge Pipelines East Texas L.P.,
Docket No. 2005-1941-AIR-E on May 22, 2006 assessing $3,250 in administrative
penalties with $650 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cody Byrom, Docket No. 2005-1950-MSW-E
on May 22, 2006 assessing $750 in administrative penalties with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
Anita Keese, Enforcement Coordinator at (956) 430-6034, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wickson Creek Special Utility District
Grimes County, Docket No. 2005-1954-PWS-E on May 22, 2006 assessing $313 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael Limos, Enforcement Coordinator at (512) 239-5839, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Neutze Properties, Ltd. dba Kwik
Pantry FFP 5167, Docket No. 2005-1957-PST-E on May 23, 2006 assessing $800
in administrative penalties with $160 deferred.
Information concerning any aspect of this order may be obtained by contacting
Howard Willoughby, Enforcement Coordinator at (361) 825-3140, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wright City Water Supply Corporation,
Docket No. 2005-1968-PWS-E on May 22, 2006 assessing $330 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Ruben Soto, Enforcement Coordinator at (512) 239-4571, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Stonewater Pipeline Company, L.P.,
Docket No. 2005-1972-AIR-E on May 22, 2006 assessing $4,750 in administrative
penalties with $950 deferred.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Zoltek Corporation, Docket No. 2005-1983-IWD-E
on May 22, 2006 assessing $800 in administrative penalties with $160 deferred.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lyondell-Citgo Refining LP, Docket
No. 2005-1985-AIR-E on May 22, 2006 assessing $10,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GL James Investments, L.L.C. dba
Country Boy Store, Docket No. 2005-2014-PST-E on May 22, 2006 assessing $7,200
in administrative penalties with $1,440 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding El Camino Bay Water Supply Corporation,
Docket No. 2005-2020-PWS-E on May 22, 2006 assessing $645 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at (956) 430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Talley Water Supply Corporation,
Docket No. 2005-2021-PWS-E on May 22, 2006 assessing $313 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of West Tawakoni, Docket No.
2005-2022-PWS-E on May 22, 2006 assessing $1,530 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Colin Barth, Enforcement Coordinator at (512) 239-2545, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding International A.L.E.R.T. Academy,
Docket No. 2005-2034-PWS-E on May 22, 2006 assessing $328 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Anita Keese, Enforcement Coordinator at (956) 430-6034, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Petroleum Wholesale, L.P. dba Sunmart
153 and Sunmart 289, Docket No. 2005-2050-PST-E on May 22, 2006 assessing
$3,670 in administrative penalties with $734 deferred.
Information concerning any aspect of this order may be obtained by contacting
Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Owens Corning, Docket No. 2005-2056-AIR-E
on May 22, 2006 assessing $3,042 in administrative penalties with $608 deferred.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Len D. Jordan dba Sail Haven, Docket
No. 2005-2063-PWS-E on May 22, 2006 assessing $323 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Dana Shuler, Enforcement Coordinator at (512) 239-2505, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Avis Rent A Car System, Inc., Docket
No. 2005-2065-AIR-E on May 22, 2006 assessing $1,200 in administrative penalties
with $240 deferred.
Information concerning any aspect of this order may be obtained by contacting
Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Air System Components LP, Docket
No. 2006-0008-AIR-E on May 22, 2006 assessing $1,925 in administrative penalties
with $385 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jason Kemp, Enforcement Coordinator at (512) 239-5610, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sunset Logistics, Inc., Docket No.
2006-0036-AIR-E on May 22, 2006 assessing $800 in administrative penalties
with $160 deferred.
Information concerning any aspect of this order may be obtained by contacting
Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bridgeport Utilities, LLC, Docket
No. 2006-0037-MWD-E on May 22, 2006 assessing $4,500 in administrative penalties
with $900 deferred.
Information concerning any aspect of this order may be obtained by contacting
Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Reno, Docket No. 2006-0054-PWS-E
on May 22, 2006 assessing $323 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Municipal Power Agency, Docket
No. 2006-0064-PWS-E on May 22, 2006 assessing $345 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Epifanio Villareal, Enforcement Coordinator at (210) 490-3095, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding J. W. Turner Construction, Inc. dba
James W. Construction LTD, Docket No. 2006-0094-MSW-E on May 22, 2006 assessing
$750 in administrative penalties with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
Colin Barth, Enforcement Coordinator at (512) 239-2545, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200602954
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 31, 2006
Notice mailed May 24, 2006
TCEQ Docket No. 2006-0453-DIS; The Texas Commission on Environmental Quality
(TCEQ) will conduct a hearing on an application for dissolution (Application)
of Galveston County Municipal Utility District No. 20 (District). The Application
was filed with the TCEQ and included a petition from William H. Frey, President
of Frey Development Companies, Inc., a general partner in Saltgrass 300, Ltd,
being owner of property located within the District. The TCEQ will conduct
this hearing under the authority of Chapters 49 and 54 of the Texas Water
Code, Title 30, Chapter 293 of the Texas Administrative Code, and the procedural
rules of the TCEQ. The TCEQ will conduct the hearing at: 9:30 a.m., Wednesday,
September 6, 2006, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas.
The District was created by the Texas Commission on Environmental Quality
on November 10, 1987. The District had the authority to operate as a municipal
utility district under the general law provisions in Texas Water Code Chapters
49 and 54. The petition filed with the Application asserts that dissolution
is desirable and necessary because the District has been inactive and its
statutory authority will not benefit the land within its boundaries.
The petition also states that the District: (1) has not performed any of
the functions for which it was created for five consecutive years preceding
the date of the Application, (2) is financially dormant, and (3) has no outstanding
bonded indebtedness. An affidavit from the State Comptroller of Public Accounts,
included in the Application, certifies that the District has no bonded indebtedness.
If the request for dissolution is approved, the District's assets, if any,
will escheat to the State of Texas and will be administered by the State Comptroller
of Public Accounts and disposed of in the manner provided by Chapter 74 of
the Texas Property Code.
The TCEQ may grant a contested case hearing on this Application if a written
hearing request is filed within 30 days after the newspaper publication of
this notice. The TCEQ may approve the Application unless a written request
for a contested case hearing is filed within 30 days after the newspaper publication
of this notice.
To request a contested case hearing, you must submit the following: (1)
your name (or for a group or association, an official representative), mailing
address, daytime phone number, and fax number, if any; (2) the name of the
Applicant and the TCEQ Docket Number; (3) the statement "I/we request a contested
case hearing"; and (4) a brief description of how you would be affected by
the request in a way uncommon to the general public. You may also submit your
proposed adjustments to the Application which would satisfy your concerns.
Requests for a contested case hearing must be submitted in writing to the
TCEQ Office of the Chief Clerk at the address provided in the information
section below. If a contested case hearing is held, it will be a legal proceeding
similar to a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information
concerning the hearing process, please contact the Public Interest Counsel,
MC 103, at the same address. For additional information, individual members
of the general public may contact the Districts Review Team at (512) 239-4691.
General information regarding 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.
Persons with disabilities who plan to attend this hearing and who need
special accommodations at the hearing should call the TCEQ Office of Public
Assistance at 1-800-687-4040 or 1-800-RELAY-TX (TDD), at least one week prior
to the hearing.
TRD-200602952
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 31, 2006
The purpose of the meeting is to obtain public input and information concerning
the proposed remedy for the ArChem Company/Thames Chelsea Chemical Company
USA Site (site).
The executive director of the Texas Commission on Environmental Quality
(TCEQ or commission) is issuing this public notice of a proposed selection
of remedy for the ArChem Company/Thames Chelsea Company USA Site. In accordance
with 30 TAC §335.349(a) concerning requirements for the remedial action,
and Texas Health and Safety Code (THSC), §361.187 concerning the proposed
remedial action, a public meeting regarding the commission's selection of
a proposed remedy for the site shall be held. The statute requires that the
commission publish a notice of the meeting in the
Texas Register
and in a newspaper of general circulation in the county
in which the facility is located at least 30 days before the date of the public
meeting. This notice was also published in the
Houston
Chronicle
on June 8, 2006. The public meeting is scheduled for July
20, 2006, 7:00 p.m., at Dobie High School, 11111 Beamer Road, Houston, Texas.
The public meeting is not a contested case hearing under Texas Government
Code, Chapter 2001.
The ArChem Company/Thames Chelsea Company USA Site was proposed for listing
on the state registry of Superfund sites in the May 4, 2001, edition of the
The site is a former specialty chemical manufacturing facility, which operated
from the 1970s until 1991. A wide range of organic chemicals was used in manufacturing
and processing operations at the site. Operations ceased after the Thames
Chelsea Chemical Company abandoned the facility. The Texas Water Commission
(a predecessor of the TCEQ) and the United States Environmental Protection
Agency (EPA) performed several removal actions in the 1990s to address the
immediate public health and environmental concerns from the deteriorating
chemical drums and above ground storage tanks (ASTs) at the site.
Current structures at the facility include an office and warehouse building,
concrete foundations in the former process areas, a sludge drying bed, and
containment areas associated with former ASTs. Two surface impoundments associated
with wastewater from the operations are located in the eastern portion of
the facility.
The H.B. Fuller Company was an owner/operator of the facility before selling
the property to the ArChem Company. H.B. Fuller was reported to have manufactured
industrial latex coatings and adhesives based on polyvinyl acetate, ethylene
vinyl acetate copolymers, and asphaltic emulsions. After a warehouse fire
in 1977, H.B. Fuller sold the property to ArChem. The ArChem Company is reported
to have produced epoxy curing agents, nitroanisol, and antimony triacetate.
The company is reported to have handled or used a wide variety of chemicals,
which are detailed in the Hazard Ranking Survey (HRS) and listed in the Phase
2 Field Sampling Plan (FSP).
In 1991 the site was reported to contain at least 15 hazardous waste units
used in the management of 14 or more P (acute hazardous wastes) and U (generally
hazardous wastes) listed wastes (as defined by the EPA). Approximately 2,000,
55-gallon drums in various states of deterioration were on the site. All sumps,
secondary containment systems, and roll-off containers were found full of
materials (liquids and solids). The two surface impoundments were also full;
and their capacities were estimated at 250,000 and 500,000 gallons. Spills
and surface contamination were widespread throughout the site with evidence
of contamination in drainage ditches.
In September 1991 the site was determined to be abandoned and was later
referred to the State Superfund Program. Two removal actions by the Texas
Water Commission and the EPA in 1992 and 1993, and a removal action by a group
of potentially responsible parties (PRPs) removed most of the drums, surface
tanks, and other materials left on site. The property was fenced to restrict
access. A Remedial Investigation (RI) conducted by the TCEQ identified several
areas where chemicals of concern (COC) were greater than the critical protective
concentration level (PCL). These COCs include antimony, lead, mercury, volatile
organic compounds (benzene, toluene and tetrahydrofuran), and semi-volatile
organic compounds (2-nitroaniline and furfural). All of these areas have been
horizontally and vertically delineated.
Surface water in the west impoundment meets the specifications in the TCEQ
issued wastewater discharge criteria for the site. The water in the east impoundment
exceeds the discharge criteria for total organic carbon (TOC). A feasibility
study, dated August 2005, screened and evaluated remedial alternatives which
could be used to remediate the site. The Feasibility Study report developed
four alternatives for remediation of soils and two alternatives for remediation
of the surface water in the impoundments. The commission prepared the Proposed
Remedial Action Document on May 15, 2006. This document presents the proposed
remedy and justification for how this remedy demonstrates compliance with
the relevant cleanup standards.
Based on the calculated volume of contaminated soil, the recommended remedial
alternative is excavation and off-site disposal of the contaminated soil.
The recommended alternative is the most cost effective, reasonable, and appropriate
remedy to address the site. This remedial alternative includes the excavation
and off-site disposal of soil in both impoundments and contaminated site soils.
It is estimated that 5,000 cubic yards of in-place soil including the land
farm soils would require disposal.
The surface water from the impoundments will be discharged to Harris County
flood control ditch A 119-06-00 along the south side of the site. The ditch
widens and turns at a point approximately 3/4 of a mile west of the site.
At this point, the ditch flows south approximately one and a half miles before
discharging into Turkey Creek. Water from the east impoundment will be treated
to comply with the TOC discharge requirements. Discharge criteria allow up
to 200 gallons per minute to be discharged from the site. The groundwater
at the site is designated as Class 3 based on yield, and it is not impacted.
Therefore, no remediation is needed for the groundwater.
All persons desiring to make comments may do so prior to or at the public
meeting. All comments submitted prior to the public meeting must be received
by 5:00 p.m. July 19, 2006, and should be sent in writing to Mr. Subhash C.
Pal, P.E., Project Manager, TCEQ, Remediation Division, MC 136, P. O. Box
13087, Austin, Texas 78711-3087, or facsimile at (512) 239-2450. The public
comment period for this action will end at the close of the public meeting
on July 20, 2006.
A portion of the record for this site including documents pertinent to
the proposed remedy is available for review during regular business hours
at the Bracewell Branch Library, 10115 Kleckly, Houston, Texas. Copies of
the complete public record file may be obtained during business hours at the
commission's Records Management Center, Building E, First Floor, Records Customer
Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363
or (512) 239-2920. Photocopying of file information is subject to payment
of a fee. Parking for persons with disabilities is available on the east side
of Building D, convenient to access ramps that are between Buildings D and
E.
Information is also available regarding the state Superfund program at
Persons who have special communication or other accommodation needs who
are planning to attend the meeting should contact the agency at (800) 633-9363
or (512) 239-5674. Requests should be made as far in advance as possible.
For further information about this site or the public meeting, please call
John Flores, TCEQ Community Relations, at 1-800-633-9363, extension 5674.
TRD-200602950
Stephanie Bergeron Perdue
Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: May 30, 2006
The following notices were issued during the period of May 4, 2006 through
May 30, 2006.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, P. O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF
THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
Angelina and Neches River Authority has applied for a renewal of TPDES
Permit No. 11620-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 370,000 gallons per day. The facility
is located approximately 0.6 mile northeast of U. S. Highway 69, approximately
1.5 miles northwest of the City of Lufkin, and 1.9 miles southeast of the
intersection of U. S. Highway 69 and Farm-to-Market Road 2021 in Angelina
County, Texas.
ARO Partners, c/o Terra Associates, Inc. has applied for a new permit,
proposed TPDES Permit No. WQ0014683001, to authorize the discharge of treated
domestic wastewater at an annual average flow not to exceed 1,500,000 gallons
per day. The facility will be located 1,725 feet southeast of the intersection
of Farm-to-Market Road 529 and Peak Road in Harris County, Texas.
Boggs Sugar Pines, LLC has applied for a renewal of TPDES Permit No. 14049-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 22,500 gallons per day. TCEQ received this application
on December 28, 2005. The facility is located approximately 1,000 feet due
north of West Circle Drive and approximately 3,000 feet due west of the intersection
of West Circle Drive and Farm-to-Market Road 105 in Orange County, Texas.
Charterwood Municipal Utility District has applied for a major amendment
to TPDES Permit No. WQ0011410002 to authorize an increase in the discharge
of treated domestic wastewater from a daily average flow not to exceed 600,000
gallons per day to an annual average flow not to exceed 1,650,000 gallons
per day. The facility is located approximately 3.5 miles northwest of the
intersection of State Highway 249 (West Montgomery Road) and Farm-to-Market
Road 1960, on the south bank of Pillot Gully, at 15820 Quill Drive, in the
City of Houston, in Harris County, Texas.
Circle T Promotions, Ltd. has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014678001, to
authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 4,000 gallons per day. The facility will be located 4.2
miles northwest of the City of Hamilton on the southwest side of State Highway
36 in Hamilton County, Texas.
City of Arp has applied for a renewal of TPDES Permit No. 10511-001, which
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 211,000 gallons per day. The facility is located approximately
0.5 mile south of the intersection of State Highway 135 and State Highway
Spur 80 and approximately 1 mile northeast of the intersection of State Highway
135 and Farm-to-Market Road 345 in Smith County, Texas.
City of Bullard has applied for a renewal of TPDES Permit No. 11787-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 213,000 gallons per day. The facility is located approximately
2,600 feet southwest of the Bullard School and approximately 3,000 feet west-southwest
of the intersection of Farm-to-Market Road 344 and Oak Street in Cherokee
County, Texas.
City of Grapeland has applied for a renewal of TPDES Permit No. 10181-002,
which authorizes discharge of treated domestic wastewater at a daily average
flow not to exceed 300,000 gallons per day. The facility is located east of
U. S. Highway 287, approximately 1,000 feet north of the intersection of U.
S. Highway 287 and Farm-to-Market Road 2423 in Houston County, Texas.
City of Lone Oak has applied for a renewal of TPDES Permit No. 10760-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 60,000 gallons per day. The facility is located east of
Bull Creek, approximately 0.5 mile south of the intersection of U. S. Highway
69 and Farm-to-Market Road 1571 in Hunt County, Texas.
City of Weatherford Municipal Utility Board of Trustees has applied for
a renewal of TPDES Permit No. 14198-001 to authorizes the discharge of filter
backwash effluent from a water treatment plant at a daily average flow not
to exceed 636,000 gallons per day. The facility is located approximately 1,400
feet east and 2,100 feet south of the pump station at the dam of Lake Weatherford
in Parker County, Texas.
City of Wells has applied for a renewal of TPDES Permit No. 11196-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 200,000 gallons per day. The facility is located approximately
900 feet north of U. S. Highway 69 on the west side of Red Bayou, east of
the City of Wells in Cherokee County, Texas.
Dos Republicas Coal Partnership, which operates a sub-bitumous coal mine,
has applied for a renewal of TPDES Permit No. WQ0003511000, which authorizes
the discharge of storm water and mine seepage from the active mining area
on an intermittent and flow variable basis via Outfalls 001 through 013. The
facility is located on the northeast side of State Highway 1588, three miles
northeast of U. S. Highway 277, and approximately five miles northeast of
the City of Eagle Pass, Maverick County, Texas.
Entergy Gulf States, Inc., which operates the Sabine Generating Plant,
has applied for a renewal of TPDES Permit No. WQ0000336000, which authorizes
the discharge of once through cooling water and previously monitored effluents
(PME) (PME consists of low volume wastewater, storm water, metal cleaning
waste, cooling tower blowdown, and treated sanitary sewage on an intermittent
and flow variable basis via interal Outfalls 201, 301, 401, 501, 601, 701
and 801) at a daily average flow not to exceed 1,306,000,000 gallons per day
via Outfall 001. The facility is located approximately one and one-half (1.5)
miles south of Farm-to-Market (FM) Road 1442 at a point approximately two
and one-half (2.5) miles west of the FM Road 1442 and State Highway 87 intersection
southwest of the City of Orange, Orange County, Texas.
Explorer Pipeline Company, which operates the Explorer Pipeline Greenville
Station, has applied for a renewal of TPDES Permit No. WQ0002395000, which
authorizes the discharge of processed wastewater consisting of tank bottom
water and storm water from a refined petroleum products pipeline tankage station
on an intermittent and flow variable basis via Outfall 001. The facility is
located at 2856 County Road 2168, approximately 1.3 miles north of the intersection
of Interstate Highway 30 and Farm-to-Market Road 36 and southeast of the City
of Caddo Mills, Hunt County, Texas.
Hardin County Water Control and Improvement District No. 1 has applied
for a renewal of TPDES Permit No. 10678-001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed 300,000
gallons per day. The facility is located north of Little Pine Island Bayou,
approximately 2 miles north of the intersection of State Highway 105 and Pine
Wood Boulevard in Hardin County, Texas.
Houston Intercontinental Trade Center, L.P. has applied for a new permit,
proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014671001,
to authorize the discharge of treated domestic wastewater at a daily average
flow not to exceed 500,000 gallons per day. The facility will be located 4,400
feet north of Farm-to-Market 1488 and 10,100 feet west of Interstate Highway
45 in southwest Montgomery County, Texas.
Lamar Power Partners, LP, which operates the Lamar Power Project, a combined
cycle electric generating station, has applied for a major amendment to TPDES
Permit No. WQ0004127000 to authorize the removal of restriction of the discharge
of free available chlorine from any unit for more than two hours in any one
day and simultaneous multi-unit chlorination; removal of monitoring requirements
for aluminum and requirements pertaining to temporary variance; and the reduction
of toxicity testing frequency using Ceriodaphnia Dubia to once per six months
at Outfall 001. The current permit authorizes the discharge of cooling tower
blowdown, filter backwash, and low volume waste (floor drain waste, boiler
blowdown, reverse osmosis reject water, and evaporator cooler blowdown) at
a daily average flow not to exceed 1,200,000 gallons per day via Outfall 001.
The facility is located on the east side of Farm-to-Market Road 137, approximately
1/2 mile south of the intersection of Farm-to-Market Road 137 and 286 Loop
Road, southeast of the City of Paris, Lamar County, Texas.
North Texas District Council Assemblies of God has applied for a renewal
of TPDES Permit No. 13847-001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 21,000 gallons per day. The
facility is located approximately 400 feet southeast of the east end of Soil
Conservation Service Dam No. 56, and approximately 2.5 miles east northeast
of the City of Maypearl in Ellis County, Texas.
Texas Airstream Harbor, Inc., has applied for a renewal of TPDES Permit
No. 11895-001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 10,000 gallons per day. The facility
is located approximately 0.5 mile northwest of State Highway 147 at a point
approximately 300 feet southerly from the shoreline of Sam Rayburn Reservoir
and approximately 5 miles northeast of the City of Zavalla in Angelina County,
Texas.
Texas Parks and Wildlife Department applied for a new permit, Proposed
Permit No. WQ0014676001, to authorize the disposal of treated domestic wastewater
at a daily average flow not to exceed 10,050 gallons per day via surface irrigation
of 3.63 acres of non-public access land. This facility was previously permitted
as TCEQ Permit No. 11365-001 which expired on September 1, 2005. This permit
will not authorize a discharge of pollutants into waters in the State. The
facility and disposal site are located within the Lake Brownwood State Park,
1.42 miles east of the intersection of Park Road 15 and Farm-to-Market Road
2559 in Brown County, Texas.
Tyson Farms, Inc., which operates a poultry processing facility, has applied
for a renewal of TPDES Permit No. WQ0002064000, which authorizes the discharge
of process wastewater, utility wastewater, domestic wastewater, and storm
water at a daily average flow not to exceed 1,500,000 gallons per day via
Outfall 001; and storm water on an intermittent and flow variable basis via
Outfall 002. The facility is located at 1019 Shelbyville Street in the City
of Center, Shelby County, Texas.
TRD-200602953
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 31, 2006
Notices issued May 25, 2006, through May 26, 2006
Application No. TA-12015 (WRTP 12015); Voyager Gas Corporation, Applicant,
12225 Greenville Ave #870, Dallas, TX 75243, has applied for a Temporary Water
Use Permit to divert and use 450 acre-feet of water within a three (3) year
period from the Double Mountain Fork Brazos River, Brazos River Basin in Garza
County. The application and fees were received on January 31, 2006. Additional
information and fees were received on March 21, and March 30, 2006. The application
was declared administratively complete and accepted for filing on March 31,
2006. Written public comments and requests for a public meeting should be
submitted to the Office of the Chief Clerk, at the address provided in the
information section below by June 14, 2006. The TCEQ may grant a contested
case hearing on this application if a written hearing request is filed by
June 14, 2006.
Application No. 5387A (WRPERM 5387); Trinity Materials, Inc., 401 South
I-45, Ferris, Texas 75125, applicant, has applied for an amendment to Water
Use Permit No. 5387 to change the locations of the diversion point, place
of use, and off-channel reservoir from Dallas County on the Trinity River,
Trinity River Basin, downstream to Kaufman County and also seeks to add a
new diversion point from the off-channel reservoir. The application was received
on September 13, 2005. Additional information and fees were received on December
5, 2005 and February 27, March 10, May 3 and May 11, 2006. The application
was declared administratively complete and accepted for filing with the Office
of the Chief Clerk on March 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, by June 15, 2006. The
TCEQ may grant a contested case hearing on this application if a written hearing
request is filed by June 15, 2006.
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-200602951
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 31, 2006
Notification of Consulting Procurement
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health
and Human Services Commission (HHSC) announces the release of its Request
for Proposals for consultant services to assist the state of Texas in optimization
of case management to enhance the quality outcomes and cost savings throughout
the Texas HHSC departments as described in Section 32.0551 of the Texas Human
Resources Code, as amended by Section 8 of Senate Bill 1188, 79th Texas Legislature,
Regular Session, 2005.
The RFP is located in full on HHSC's Business Opportunities Page under
"Contracting Opportunities" link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html
and on TBPC's ESBD website http://esbd.tbpc.state.tx.us/1380/sagency.cfm.
HHSC also posted notice of the procurement on the Texas Marketplace on June
1, 2006.
The mission objectives are:
* create and coordinate staffing and other administrative efficiencies
for case management initiatives across the commission and health and human
services departments;
* optimize federal funding revenue sources and maximize the use of state
funding resources for case management initiatives across the commission and
health and human services departments;
* evaluate the cost-effectiveness of developing intensive case management
and targeted interventions for all Medicaid recipients who are aged, blind,
or disabled;
* identify Medicaid programs or protocols in existence on the effective
date of this section that are not resulting in their anticipated cost savings
or quality outcomes. The commission shall enhance or replace these programs
or protocols with targeted strategies that have demonstrated success in improving
coordination of care and cost savings within similar Medicaid recipient populations;
and
* conduct a study to determine the feasibility of combining the utilization
management, case management, care coordination, high-cost targeting, provider
incentives, and other quality and cost-control measures implemented with respect
to the Medicaid program under a single federal waiver, which may be a waiver
under Section 1915(c) or under Section 1115(a). If the commission determines
that the combination is feasible, develop the combined program.
The Health and Human Services Commission's Sole Point-Of-Contact for this
procurement is:
Alice Hanna, Procurement Manager
Texas Health and Human Services Commission
11209 Metric Blvd., Bldg. H
Mail Code: H-350
Austin, Texas 78758
(512) 491-1315
alice.hanna@hhsc.state.tx.us
All questions regarding the RFP must be sent in writing to the above-referenced
contact by 3:00 PM Central Time on June 15, 2006. HHSC will post all written
questions received with HHSC's responses on its website on June 29, 2006,
or as they become available. All proposals must be received at the above-referenced
address on or before 3:00 PM Central Time on July 13, 2006. Proposals received
after this time and date will not be considered.
All proposals will be subject to evaluation based on the criteria and procedures
set forth in the RFP. HHSC reserves the right to accept or reject any or all
proposals submitted. HHSC is under no legal or other obligation to execute
any contracts on the basis of this notice. HHSC will not pay for costs incurred
by any entity in responding to this RFP.
TRD-200602977
Martin Zelinsky
Assistant General Counsel
Texas Health and Human Services Commission
Filed: May 31, 2006
Correction of Error
The Department of State Health Services adopted amendments to 25 TAC §§448.603,
448.701, and 448.706, concerning the regulation of training, client bill of
rights, and restraint and seclusion in chemical dependency treatment facilities,
in the May 26, 2006, issue of the
Texas Register
(31 TexReg 4433). The agency submitted the notice of adopted rulemaking
with an error.
In §448.706(s) on page 4438, the first sentence as published does
not remove the word "available" before "staff members" to properly reflect
a response to a comment in the preamble concerning the subsection. The first
sentence of subsection (s) should read:
"(s) As soon as possible after an episode of restraint or seclusion, staff
members involved in the episode, supervisory staff, the client, the legally
authorized representative, if any, and, with the consent of the client, family
members must meet to discuss the episode. . . "
TRD-200602980
Notice is hereby given that the Department of State Health Services (department)
ordered Adventure Dental Careers, LLC, doing business as Adventure Dental
Careers (registrant-R29331-000) of Seabrook to cease and desist from deliberately
applying radiation to individuals for training purposes with radiation machines.
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-200602982
Cathy Campbell
General Counsel
Department of State Health Services
Filed: May 31, 2006
Pursuant to 25 Texas Administrative Code, §289.205, the Department
of State Health Services (department), filed complaints against the following
x-ray machine or laser registrants: Healthsouth Corporation General Partnership,
Dallas, M00763; Brazos Professional Building, Marlin, R20609; All Smiles Dental
Center, San Antonio, R20730; Kenneth D. Garrett, D.C., Richardson, R22032;
Family Foot Doctor, Houston, R22839; Prime Service Center Inc., Woodstock,
Georgia, R26972; Absolute Wellness & Rehab of Texas, P.A., Dallas, R28315.
The complaints allege that these registrants have failed to pay required
annual fees. The department intends to revoke the certificates of registration;
order the registrants to cease and desist use of radiation machine(s); order
the registrants to divest themselves of such equipment; and order the registrants
to present evidence satisfactory to the department that they have complied
with the orders and the provisions of the Texas Health and Safety Code, Chapter
401. If the fee is paid within 30 days of the date of each complaint, the
department will not issue an order.
This notice affords the opportunity to the registrants for a hearing to
show cause why the certificates of registration should not be revoked. A written
request for a hearing must be received by the department within 30 days from
the date of service of the complaint to be valid. Such written request must
be filed with Richard A. Ratliff, P.E., Radiation Program Officer, 1100 West
49th Street, Austin, Texas 78756-3189. Should no request for a public hearing
be timely filed or if the fee is not paid, the certificates of registration
will be revoked at the end of the 30-day period of notice.
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-200602937
Cathy Campbell
General Counsel
Department of State Health Services
Filed: May 30, 2006
Notice of Amended Request for Qualifications
Pursuant to Texas Government code, Chapter 2254, Subchapter A, the Texas
Higher Education Coordinating Board (THECB) announces its issuance of an Amended
Request for Qualifications (RFQ) from qualified independent persons or firms
to perform certain financial or management control audits for State Fiscal
Year 2006. The successful respondent will be expected to begin performance
of the contract on or about July 10, 2006.
The Request for Qualifications, THECB's financial statements, and other
information regarding the RFQ may be obtained by writing to Anthony Tegbe,
Internal Auditor, Texas Higher Education Coordinating Board, 1200 E. Anderson
Lane, Austin, Texas 78752, or by e-mail to Anthony.Tegbe@thecb.state.tx.us,
or by accessing THECB's website at www.thecb.state.tx.us.
Responses must be received no later than 10:00 a.m., June 23, 2006.
All responses will be evaluated by a committee based upon the evaluation
criteria and procedures set forth in the Amended Request for Qualifications.
THECB reserves the right to accept or reject any or all responses submitted.
THECB is not obligated to execute a contract on the basis of this notice or
the distribution of any RFQ. THECB shall not pay for any costs incurred by
any entity in responding to this notice or the RFQ.
The anticipated schedule of events pertaining to this RFQ is as follows:
responses due June 23, 2006; contract execution on July 10, 2006; performance
of contract to begin on July 17, 2006.
TRD-200602960
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: May 31, 2006
Notice of Public Hearing
Multifamily Housing Revenue 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 Emmott Elementary School,
11750 Steepleway Boulevard, Houston, Harris County, Texas 77065, at 6:00 p.m.
on June 27, 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, Texas 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-200602906
Michael G. Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 24, 2006
Correction of Error
The Texas Department of Insurance adopted new §§21.3901 - 21.3905,
concerning high deductible health plans, in the May 26, 2006, issue of the
The following language should replace the second, third, and fourth complete
paragraphs on page 4440, second column:
"For: Office of Public Insurance Counsel. Against: Texas Association of
Health Plans, American Health Insurance Plans, Texas Association of Underwriters,
Texas Association of Life and Health Insurers, Unicare, and Blue Cross and
Blue Shield of Texas."
The text of §21.3902 on page 4441, first column, is incorrect. The
following language should replace §21.3902(8)(A) - (F):
"(8) Preventive care--Has the meaning assigned by Section 223(c)(2)(C),
Internal Revenue Code of 1986."
TRD-200602962
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application to change the name of PROGENY MARKETING INNOVATIONS, INC. to
AFFINION BENEFITS GROUP, INC., a foreign third party administrator. The home
office is WILMINGTON, DELAWARE.
Application to change the name of GALIC DISBURSING COMPANY to GREAT AMERICAN
PLAN ADMINISTRATORS, INC., a foreign third party administrator. The home office
is CINCINNATI, OHIO.
Application to change the name of WAUSAU BENEFITS, INC. to WAUSAU BENEFITS,
INC. (using the assumed name FISERV HEALTH-WAUSAU BENEFITS), a foreign third
party administrator. The home office is WAUSAU, WISCONSIN.
Application to change the name of BENESIGHT, INC. to BENESIGHT, INC. (using
the assumed name FISERV HEALTH-BENESIGHT), a foreign third party administrator.
The home office is DOVER, DELAWARE.
Application to change the name of BENEFIT PLANNERS LIMITED, L.L.P. to BENEFIT
PLANNERS LIMITED, L.L.P. (using the assumed name FISERV HEALTH-BENEFIT PLANNERS),
a domestic third party administrator. The home office is BOERNE, TEXAS.
Application to change the name of TODAY'S VISION FRANCHISING CORPORATION
to OPNETUSA, INC. (using the assumed name OPNET USA), a domestic third party
administrator. The home office is HOUSTON, TEXAS.
Application to change the name and home office of FINANCIAL ADMINISTRATIVE
SERVICES CORPORATION, ENGLEWOOD, COLORADO to FASCORE, LLC, a foreign third
party administrator. The home office is GREENWOOD VILLAGE, COLORADO.
Application to change the name of DAVID K. YOUNG, (using the assumed name
of DAVID K. YOUNG, TPA) to DAVID K. YOUNG CONSULTING, LLC, a domestic third
party administrator. The home office is SAN ANTONIO, TEXAS.
Application to change the name of ERISA ADMINISTRATIVE SERVICES, INC. to
COMPUSYS/ERISA GROUP, INC., a domestic third party administrator. The home
office is AUSTIN, TEXAS.
Application to change the name of STERLING RISK MANAGEMENT SERVICES, INC.
to CITIZENS MANAGEMENT, INC., a foreign third party administrator. The home
office is WILMINGTON, DELAWARE.
Application to change the name of LINDA J. HOSFORD (using the assumed name
of FLEX BENEFIT ADMINISTRATORS) to JOLIN BENEFIT ADMINISTRATORS, LLC (using
the assumed name FLEX BENEFIT ADMINISTRATORS), a domestic third party administrator.
The home office is HOUSTON, TEXAS.
Application to change the name of DELTA DENTAL PLAN OF CALIFORNIA to DELTA
DENTAL OF CALIFORNIA, a foreign third party administrator. The home office
is SAN FRANCISCO, CALIFORNIA.
Application to change the name of CHS ADMIN, LLC to NEW SOURCE BENEFITS,
LLC), a foreign third party administrator. The home office is WILMINGTON,
DELAWARE.
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-200602905
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 24, 2006
Vacancy on Advisory Board on Barbering
The Texas Department of Licensing and Regulation (Department) announces
a vacancy on the Advisory Board on Barbering (Board) established by Texas
Occupations Code, Chapter 1601. The pertinent rules may be found in 16 TAC §82.65.
The purpose of the Advisory Board on Barbering is to advise the Texas Commission
of Licensing and Regulation and the Department on: education and curricula
for applicants; the content of examinations; proposed rules and standards
on technical issues related to barbering; and other issues affecting barbering.
The Board is composed of five members appointed by the presiding officer
of the Commission, with the Commission's approval. The Board consists of two
members who are engaged in the practice of barbering as a Class A barber and
do not hold a barbershop permit; two members who are a barbershop owner and
hold a barbershop permit; and one member who holds a permit to conduct or
operate a barber school. Members serve staggered six-year terms, with the
terms of one or two members expiring on the same date each odd-numbered year.
This announcement is for one position of a Class A barber who does not
hold a barbershop permit.
Interested persons should request an application from the Texas Department
of Licensing and Regulation by telephone (512) 463-6599, FAX (512) 475-2874
or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded
from the Department website at: www.license.state.tx.us. Applicants may be
asked to appear for an interview; however any required travel for an interview
would be at the applicant's expense.
TRD-200602915
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: May 25, 2006
Instant Game Number 624 "4's Galore"
1.0 Name and Style of Game.
A. The name of Instant Game No. 624 is "4's GALORE". The play style is
"key number match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 624 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 624.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
$1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $50.00,
$60.00, $200 and $1,000.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 624 - 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. 624 - 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, $3.00, $4.00, $5.00, $6.00,
$10.00 or $20.00.
H. Mid-Tier Prize - A prize of $30.00, $60.00, $100 or $200.
I. High-Tier Prize - A prize of $1,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (624), 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: 624-0000001-001.
L. Pack - A pack of "4's GALORE" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of five (5). Ticket
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 "4's
GALORE" Instant Game No. 624 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 "4's GALORE"
Instant Game is determined once the latex on the ticket is scratched off to
expose 12 (twelve) Play Symbols. If a player reveals a "4" play symbol in
the play area, the player wins the prize shown. No portion of the display
printing nor any extraneous matter whatsoever shall be usable or playable
as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 12 (twelve) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 12 (twelve)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 12 (twelve) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures;
17. Each of the 12 (twelve) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. No duplicate non-winning play symbols on a ticket.
C. No duplicate non-winning prize symbols on a ticket.
D. Non-winning play symbols will never occur with the same prize symbol
(i.e. 5 and $5).
E. The "4" will only appear as dictated by the prize structure.
F. The $4 prize symbol will only appear when it is a winning prize symbol.
2.3 Procedure for Claiming Prizes.
A. To claim a "4's GALORE" Instant Game prize of $1.00, $2.00, $3.00, $4.00,
$5.00, $6.00, $10.00, $20.00, $30.00, $60.00, $100 or $200, a claimant shall
sign the back of the ticket in the space designated on the ticket and present
the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer
shall verify the claim and, if valid, and upon presentation of proper identification,
make payment of the amount due the claimant and physically void the ticket;
provided that the Texas Lottery Retailer may, but is not, in some cases, required
to pay a $30.00, $60.00, $100 or $200 ticket. In the event the Texas Lottery
Retailer cannot verify the claim, the Texas Lottery Retailer shall provide
the claimant with a claim form and instruct the claimant on how to file a
claim with the Texas Lottery. If the claim is validated by the Texas Lottery,
a check shall be forwarded to the claimant in the amount due. In the event
the claim is not validated, the claim shall be denied and the claimant shall
be notified promptly. A claimant may also claim any of the above prizes under
the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "4's GALORE" 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 "4's GALORE" 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 "4's GALORE"
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 "4's GALORE" 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. 624. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 624 - 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. 624 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. 624,
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-200602938
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 30, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 679 is "TEXAS TRIPLER". The play style
is "match 3 of 9 with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 679 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 679.
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: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, $1.00, $2.00, $3.00, $6.00, $9.00,
$18.00, $27.00, $54.00, $81.00, $100, $300 and $1,000.
D. Play Symbol Caption - The printed material appearing below each Play
Symbol which explains the Play Symbol. One caption appears under each Play
Symbol and is printed in caption font in black ink in positive. The Play Symbol
Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 679- 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. 679 - 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, $3.00, $6.00, $9.00, $18.00.
H. Mid-Tier Prize - A prize of $27.00, $54.00, $81, $100 or 300.
I. High-Tier Prize - A prize of $900 or $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 (679), 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: 679-0000001-001.
L. Pack - A pack of "TEXAS TRIPLER" Instant Game tickets contains 250 tickets,
packed in plastic shrink-wrapping and fanfolded in pages of five (5). Ticket
001 to 005 will be on the top page; tickets 005 to 009 on the next page etc.;
and tickets 246 to 250 will be on the last page. Tickets 001 and 250 will
be folded down to expose the pack-ticket number through the shrink-wrap. All
packs will be tightly shrink-wrapped. There will be no breaks between the
tickets in a pack.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TEXAS
TRIPLER" Instant Game No. 679 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 "TEXAS TRIPLER"
Instant Game is determined once the latex on the ticket is scratched off to
expose 10 (ten) Play Symbols. Scratch the PLAY AREA. If a players reveals
2 (two) matching numbers, the player wins the prize shown in the PRIZE BOX.
If a player reveals 3 (three) matching numbers, the player wins TRIPLE the
prize shown in the PRIZE BOX. 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 10 (ten) 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 10 (ten)
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 10 (ten) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures;
17. Each of the 10 (ten) Play Symbols on the ticket must be printed in
the Symbol font and must correspond precisely to the artwork on file at the
Texas Lottery; the ticket Serial Numbers must be printed in the Serial font
and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a book will not have identical
patterns.
B. Players can win only one (1) time on a ticket.
C. A winning ticket will not contain more than three (3) like play symbols.
D. On non-winning tickets, all play symbols will be unique.
E. Three matching play symbols will win 3 times the prize amount shown
and will win as per the prize structure.
F. Two matching play symbols will win the prize amount shown.
G. The combination of play symbols "06, 06, 06" will never appear on any
ticket
2.3 Procedure for Claiming Prizes.
A. To claim a "TEXAS TRIPLER" Instant Game prize of $1.00, $2.00, $3.00,
$6.00, $9.00, $18.00, $27.00, $54.00, $81.00, $100 or $300, 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 $27.00, $54.00, $81.00, $100 or $300 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 "TEXAS TRIPLER" Instant Game prize of $900 or $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 "TEXAS TRIPLER" 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 "TEXAS TRIPLER"
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 "TEXAS TRIPLER" 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. 679. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 679- 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. 679 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. 679,
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-200602978
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 31, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 683 is "$50,000 RICHES". The play style
is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 683 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 683.
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: $5.00, $10.00, $15.00, $25.00, $50.00,
$100, $500, $5,000, $50,000, 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, GOLD
BAR SYMBOL, SAFE SYMBOL or 5X 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. 683- 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. 683 - 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 or $15.00.
H. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $500.
I. High-Tier Prize - A prize of $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 (683), 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: 683-0000001-001.
L. Pack - A pack of "$50,000 RICHES" 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 "$50,000
RICHES" Instant Game No. 683 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 "$50,000
RICHES" Instant Game is determined once the latex on the ticket is scratched
off to expose 46 (forty-six) Play Symbols. If a player matches any of YOUR
NUMBERS play symbols to any of the WINNING NUMBERS play symbols the player
wins the prize shown for that number. If a player reveals a "SAFE" play symbol,
the player wins the prize shown instantly. If a player reveals a "GOLD BAR"
play symbol, the player wins DOUBLE the prize shown. If a player reveals a
"5X" play symbol, the player wins 5 TIMES the prize shown. 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 46 (forty-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 46 (forty-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 46 (forty-six) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 46 (forty-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 within a book will not have identical
patterns.
B. Players can win up to twenty (20) times in this play area.
C. No duplicate non-winning YOUR NUMBERS on a ticket.
D. Non-winning prize symbols will not match a winning prize symbol on a
ticket.
E. Non-winning tickets will not contain more than three like prize amounts.
F. No duplicate WINNING NUMBERS will appear on a ticket.
G. The "SAFE" symbol will never appear as a "WINNING NUMBER".
H. The "GOLD BAR" symbol will never appear as a "WINNING NUMBER".
I. The "5X" symbol will never appear as a "WINNING NUMBER".
J. The "SAFE" symbol will automatically win the prize amount shown and
will win as per the prize structure.
K. The "GOLD BAR" symbol will win DOUBLE the prize amount shown and will
win as per the prize structure.
L. The "5X" symbol will win five (5) times the prize amount shown and will
win as per the prize structure.
M. YOUR NUMBERS will never equal the corresponding Prize symbol.
2.3 Procedure for Claiming Prizes.
A. To claim a "$50,000 RICHES" Instant Game prize of $5.00, $10.00, $15.00,
$25.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket
in the space designated on the ticket and present the winning ticket to any
Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim
and, if valid, and upon presentation of proper identification, make payment
of the amount due the claimant and physically void the ticket; provided that
the Texas Lottery Retailer may, but is not, in some cases, required to pay
a $25.00, $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$50,000 RICHES" Instant Game prize of $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 "$50,000 RICHES" 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 "$50,000 RICHES"
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 "$50,000 RICHES" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000
tickets in the Instant Game No. 683. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 683- 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. 683 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. 683,
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-200602979
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 31, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 684 is "ICY CASH". The play style is "key
symbol match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 684 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 684.
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: POT OF GOLD SYMBOL, DIAMOND SYMBOL, HORSESHOE
SYMBOL, CLOVER SYMBOL, STACK OF COINS SYMBOL, MONEY BAG SYMBOL, DOLLAR BILL
SYMBOL, TREASURE CHEST SYMBOL, PIGGY BANK SYMBOL and SAFE 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. 684- 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. 684 - 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, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100 or $500.
I. High-Tier Prize - A prize of $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 (684), 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: 684-0000001-001.
L. Pack - A pack of "ICY CASH" 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 "ICY
CASH" Instant Game No. 684 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 "ICY CASH"
Instant Game is determined once the latex on the ticket is scratched off to
expose 20 (twenty) Play Symbols. Scratch the play area and count up the number
of moneybag symbols revealed and see prize legend for prize won. Only highest
prize paid. 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 20 (twenty) 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 20 (twenty)
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 20 (twenty) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures;
17. Each of the 20 (twenty) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot.
B. The moneybag play symbol will appear an approximately equal number of
times in each of the 20 play spots and will only appear on intended winning
tickets.
C. There will never be more than 10 moneybag play symbols on a ticket.
D. There will be no more than three like non-winning play symbols on a
ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "ICY CASH" Instant Game prize of $2.00, $4.00, $5.00, $10.00,
$15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the
ticket in the space designated on the ticket and present the winning ticket
to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the
claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "ICY CASH" Instant Game prize of $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 "ICY CASH" 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 "ICY CASH"
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 "ICY CASH" 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. 684. The approximate number and value of prizes
in the game are as follows:
Figure 3: 16 TAC GAME NO. 684- 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. 684 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. 684,
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-200602981
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 31, 2006
Stakeholder Meeting Announcement
The Texas Board of Professional Engineers (Board) is given authority to
issue advisory opinions under Subchapter M, Chapter 1001 of the Occupations
Code (Texas Engineering Practice Act). The Board is required to issue an advisory
opinion about interpretations of the Texas Engineering Practice Act in regard
to a specific existing or hypothetical factual situation if requested by a
person and to respond to that request within 180 days.
Pursuant to that requirement, the Board hereby notifies potential stakeholders
that it has initiated the process to develop an advisory opinion regarding
commissioning building systems. There may be some overlap between engineering
and commissioning agent's roles and responsibilities. The request asks for
a determination of the aspects of commissioning a building that would require
the services of a licensed professional engineer. There are guidelines developed
by the American Society of Heating, Refrigeration, and Air Conditioning Engineers
that describe the commissioning process. In addition, the United States Green
Building Council has developed a program called Leadership in Energy and Environmental
Design that has guidance on commissioning of building energy systems. There
is also an Association of Air Balance Council that describes the requirements
of Commissioning Authorities and these authorities include, but are not limited
to, professional engineers. Several of these organizations have guidelines
specifying the requirements of the commissioning authority. The Board has
developed a stakeholder process to gather information from professional engineers,
consultants and other interested parties. The policy advisory will be written
with consideration given to stakeholder comments. This notice is intended
to generate a list of possible stakeholders and to initiate public comment.
The policy advisory will be written with consideration given to stakeholder
comments. This notice is intended to generate a list of possible stakeholders
and to initiate public comment. The Board will hold a stakeholder meeting
at 10 a.m. on June 23, 2006. Stakeholder contact information and comments
received during the posting period will be considered in the policy advisory
and the scheduling of the stakeholder meeting:
Texas Board of Professional Engineers
1917 IH 35 South
Austin, Texas 78741
Attention: Policy Advisory Staff
Or by e-mail to: peboard@tbpe.state.tx.us
TRD-200602963
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: May 31, 2006
Notice of Application for Sale, Transfer, or Merger
Notice is given to the public of a joint application for sale, transfer,
or merger filed with the Public Utility Commission of Texas on May 25, 2006,
pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §14.101
and §39.158 (Vernon 1998 & Supplement 2005) (PURA).
Docket Style and Number: Joint Application of LCRA Transmission Services
Corporation and the City of Seguin to Transfer Certificate Rights and for
Approval of Transfer of Facilities in Guadalupe County, Docket Number 32752.
The Application: The LCRA Transmission Services Corporation (LCRA TSC)
and the City of Seguin (Seguin) filed a joint application for approval to
transfer from Seguin to LCRA TSC a two-mile 138-kV transmission line and related
substation assets located in Guadalupe County, Texas. The transmission line
being transferred in this proceeding is the only transmission facility owned
by Seguin. The transmission line connects Seguin's Cushman and Seguin Substations.
LCRA TSC currently leases the transmission and substation assets and operates
these in conjunction with its other transmission assets. LCRA TSC and Seguin
executed an Asset Purchase Agreement for the approximately two-mile long transmission
line that joins the two substations.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection
at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136 or
use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer
to Docket Number 32752.
TRD-200602948
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 30, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on May 26, 2006, for an amendment to certificated
service area boundaries within Goliad County, Texas.
Docket Style and Number: Application of AEP Texas Central Company and Victoria
Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity
for the Transfer of Certain Customers in Victoria Electric Cooperative, Inc.'s
Service Area and Relinquishment of Service Area Exception within Goliad County.
Docket Number 32759.
The Application: AEP Texas Central Company seeks to relinquish its certificated
right and obligation to provide electric wires service to customers it currently
serves in an area that is generally singly certificated to Victoria Electric
Cooperative, Inc. southwest of the City of Victoria and northeast of the community
of Fannin north of U.S. Highway 59. The service territory affected by this
petition encompasses an area in which TCC currently provides service to approximately
15 existing customers in the Twin Oak Lakes Subdivision.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than June 19, 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
32759.
TRD-200602949
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 30, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on May 23, 2006, for a service area exception
to amend certificated service area boundaries within Moore County.
Docket Style and Number: Application of Southwestern Public Service Company
(an Xcel Energy Company) for a Certificate of Convenience and Necessity for
a Service Area Exception in Moore County. Docket Number 32742.
The Application: Southwestern Public Service Company (SPS) requests a service
area boundary amendment to provide service to a specific customer located
within the certificated service territory of Rita Blanca Electric Cooperative,
Inc. (RBEC) for two irrigation wells. SPS is already providing service to
this customer and can accommodate the additional facility without any substantial
investment. 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 June 16, 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
32742.
TRD-200602919
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 25, 2006
On May 22, 2006, KMC Network Services, Inc. filed an application with the
Public Utility Commission of Texas (commission) to relinquish its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60418. Applicant intends to relinquish its certificate.
The Application: Application of KMC Network Services, Inc. to Relinquish
its Service Provider Certificate of Operating Authority, Docket Number 32738.
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
June 14, 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 32738.
TRD-200602918
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 25, 2006
Request for Proposal
The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is
seeking proposals from qualified firms for the development of a Microsimulation
Model for the Fort Sam Houston area.
A copy of the Request for Proposals (RFP) may be requested by calling Jeanne
Geiger, Deputy Director, at (210) 227-8651 or by downloading the RFP and attachments
from the MPO's website at www.sametroplan.org. Anyone wishing to submit a
proposal must do so by 12:00 p.m. (CDT), Friday, July 7, 2006 at the MPO office
to:
Jeanne Geiger, Deputy Director
San Antonio-Bexar County MPO
1021 San Pedro, Suite 2200
San Antonio, Texas 78212
The contract award will be made by the MPO's Transportation Policy Board
based on the recommendation of the project's Selection/Oversight Committee.
The Selection/Oversight Committee will review the proposals based on the evaluation
criteria listed in the RFP.
Funding for this project, in the amount of $200,000, is contingent upon
the availability of Federal transportation planning funds.
TRD-200602916
Jeanne Geiger
Deputy Director
San Antonio-Bexar County Metropolitan Planning Organization
Filed: May 25, 2006
The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is
seeking proposals from qualified firms for the development of microsimulation
models for three activity centers: the Broadway/New Braunfels Corridor, Brooks
City-Base, and the South Texas Medical Center.
A copy of the Request for Proposals (RFP) may be requested by calling Jeanne
Geiger, Deputy Director, at (210) 227-8651 or by downloading the RFP and attachments
from the MPO's website at www.sametroplan.org. Anyone wishing to submit a
proposal must do so by 12:00 p.m. (CDT), Friday, July 7, 2006 at the MPO office
to:
Jeanne Geiger, Deputy Director
San Antonio-Bexar County MPO
1021 San Pedro, Suite 2200
San Antonio, Texas 78212
The contract award will be made by the MPO's Transportation Policy Board
based on the recommendation of the project's Selection/Oversight Committee.
The Selection/Oversight committee will review the proposals based on the evaluation
criteria listed in the RFP.
Funding for this project, in the amount of $550,000, is contingent upon
the availability of Federal transportation planning funds.
TRD-200602917
Jeanne Geiger
Deputy Director
San Antonio-Bexar County Metropolitan Planning Organization
Filed: May 25, 2006
Aviation Division - Request for Proposal for Aviation Engineering Services
The City of Lancaster, 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 Lancaster, Lancaster Airport. TxDOT CSJ No.:0618LNCAS.
Scope: Provide engineering/design services to install supplemental lighted
windcone, signage and security fencing, extend MIRL to runway 31 end, relocate
PAPI-4 and REIL to runway 31 end, overlay apron and taxiways, overlay and
mark runway 13-31, extend runway 13-31, extend parallel taxiway to runway
31 end, construct holding apron at the end of runway 31, realign Ferris Road,
construct apron and T-hangar taxiway, construct corporate hangar access taxiways,
and construct storm water detention facilities.
The DBE goal is set at 5%. TxDOT Project Manager is Alan Schmidt, 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
"Lancaster 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 emailed by request or downloaded from
the TxDOT web site, URL address
http://www.dot.state.tx.us/avn/avn550.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 Division at 150 E. Riverside Drive,
5th Floor, South Tower, Austin, Texas 78704 no later than
Thursday, July 6, 2006, 4:00 p.m.
Electronic facsimiles or forms sent
by email will not be accepted. Please mark the envelope of the forms to the
attention of Amy Slaughter.
The consultant selection committee will be composed of local government
members. The final selection by the committee will generally be made following
the completion of review of proposals. The committee will review all proposals
and rate and rank each. The criteria for evaluating engineering proposals
can be found at
www.dot.state.tx.us/business/avnconsultinfo.htm
. All firms will be notified and the top rated firm will be contacted
to begin fee negotiations. The selection committee does, however, reserve
the right to conduct interviews for 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 Amy Slaughter, Grant
Manager, or Alan Schmidt, PE, Project Manager for technical questions at 1-800-68-PILOT
(74568).
TRD-200602929
Joanne Wright
General Counsel
Texas Department of Transportation
Filed: May 26, 2006
The City of Lancaster, through its agent the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional services firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division
will solicit and receive proposals for professional services as described
below:
Airport Sponsor: City of Lancaster, Lancaster Airport. TxDOT CSJ No: 06EALNCAS.
Scope: Prepare an Environmental Assessment in accordance with current TxDOT
and FAA guidance and obtain required permits at the Lancaster Airport.
The proposed actions to be evaluated include: extend runway 13-31; extend
parallel taxiway to runway 31 end; overlay runway, taxiways and apron; construct
apron, corporate hangar access taxiways and T-hangar taxiway; construct holding
apron at the end of runway 31; realign Ferris Road; relocate PAPI-4 and REIL
to runway 31 end; extend MIRL to runway 31 end; install supplemental lighted
windcone; install signage; install security fencing; and construct storm water
detention facilities.
The DBE goal is set at 0%. TxDOT Project Manager is Josephine Jarrell.
Interested firms shall utilize the Form AVN-551, titled "Aviation Planning
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/avn/avn551.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-551,
firms are encouraged to download Form AVN-551 from the TxDOT website as addressed
above. Utilization of Form AVN-551 from a previous download may not be the
exact same format. Form AVN-551 is an MS Word Template.
Please note:
Six completed, unfolded copies of Form AVN-551
must be received
by TxDOT Aviation Division at 150 E. Riverside Drive,
5th Floor, South Tower, Austin, Texas 78704 no later than
Thursday, July 6, 2006, at 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 Amy Slaughter.
The Consultant Selection Committee (Committee) will be composed of local
government members. The final selection by the Committee will generally be
made following the completion of review of proposals. The Committee will review
all proposals and rate and rank each. The criteria for evaluating consultants
for airport planning projects can be found at
http://www.dot.state.tx.us/business/avnconsultinfo.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 for 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 Amy Slaughter, Grant
Manager, or Josephine Jarrell, Project Manager, for technical questions at
1-800-68-PILOT (74568).
TRD-200602946
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 30, 2006
Pursuant to Title 43, Texas Administrative Code, §2.43(c)(9)(A), the
Texas Department of Transportation (TxDOT) announces to the public the availability
of the Revised Draft Environmental Impact Statement (Revised DEIS), dated
May 2006, for the proposed construction of Segment F-2 of Grand Parkway (State
Highway 99) northwest of Houston in Harris County, Texas. Comments regarding
the Revised DEIS can be mailed to the Grand Parkway Association, Attention:
Segment F-2 Comments, 4544 Post Oak Place, Suite 222, Houston, Texas 77027
or to TxDOT Houston District, Attention: Director of Project Development,
P. O. Box 1386, Houston, Texas 77251-1386. Comments will be accepted by e-mail
to
segmentf2comments@grandpky.com
. All comments
must be submitted prior to 5:00 p.m. on September 7, 2006.
The Revised DEIS was prepared in response to comments received regarding
the Segment F-2 DEIS that was released in February 2004. The Grand Parkway
Association, in coordination with TxDOT and the Federal Highway Administration
(FHWA), has prepared the Revised DEIS to include updated land use, updated
indirect and cumulative impacts, and additional alternatives developed in
response to land use constraints.
Transportation improvements are needed in the Segment F-2 study area because
there are inefficient connections between suburban communities and major radial
roadways, the current and future transportation demand exceeds capacity, many
roadways in the study area have a high accident rate, and there is an increasing
strain on transportation infrastructure from population and economic growth.
The purpose of the proposed transportation improvements in the Segment F-2
study area is to efficiently link the suburban communities and major roadways,
enhance mobility and safety, and respond to economic growth. The goal is to
improve system linkage, address current and future transportation demand,
improve safety, and accommodate population and economic growth.
The study process included consideration of a full range of alternatives.
The Study Team considered the No-Build Alternative, various transportation
modes, alterative corridors, and various Build alternative alignments. Transportation
System Management, Travel Demand Management, Smart Street improvements, and
modal transportation improvements such as bus transit, high-occupancy vehicle
lanes, rail feasibility, and new planned roadway construction were considered.
Alternatives determined not to meet the need for and purpose of the project
were eliminated from further consideration, while other reasonable alternatives
were identified and carried forward for detailed study. The Build Alternative
was selected because it is the only alternative that fulfills the need for
and purpose of the project. The study approach first emphasized avoidance,
and then minimization to ensure that the identified Preferred Alternative
Corridor, and ultimately the Recommended Alternative Alignment, minimized
adverse impacts to the greatest extent possible. Identification of a Recommended
Alternative Alignment was performed after careful consideration of comments
received from the public and resource agencies.
The Recommended Alternative Alignment consists of a controlled access toll
road on a new location. The proposed facility would include four main lanes
and intermittent frontage roads within a right-of-way width of 400 feet. A
total of six Alternative Alignments (A through F), in addition to the No-Build
Alternative, are presented in the Revised DEIS. All alternative alignments
extend from SH 249 to IH 45 in an east-west direction and are described below.
A.
Alternative Alignment A begins at SH 249
and passes through the center of the study area. This alignment alternative
ends at IH 45, approximately 0.6 miles north of Spring Stuebner Road and is
12.5 miles in length.
B.
Alternative Alignment B starts at the
same location as Alternative Alignment A but passes through the middle and
southern portion of the study area. Alternative Alignment B ends 0.1 miles
south of the Hardy Toll Road and IH 45 intersection and is 13.0 miles in length.
C.
Alternative Alignment C begins at the
same location as Alignments A and B and passes through the north and middle
portion of the study area. Alternative Alignment C ends at the same location
of Alternative Alignment A and is 12.2 miles in length.
D.
Alternative Alignment D begins at the
same location as Alignments A through C and is 12.0 miles in length. Alternative
Alignment D passes through the middle of the study area from Boudreaux Road
approximately 0.3 miles northeast of FM 2920 for approximately 7.0 miles before
ending at the same location as Alternative Alignment C.
E.
Alternative Alignment E begins at the
same location as Alternative Alignments A through D and is 12.5 miles in length.
Alternative Alignment E passes through the northern portion of the study area
where it ends at the same location as Alternative Alignment B.
F.
Alternative Alignment F begins at the
same location as Alternative Alignments A through E and is 12.1 miles in length.
Alternative Alignment F passes through the northern portion of the study area
before ending at the same location as Alternative Alignment C.
The Recommended Alternative Alignment that has emerged from the study is
a combination of alternative alignments. The Recommended Alternative Alignment
allowed impact avoidance and minimization for a number of resources, fulfilled
the need for and purpose of the project, and provided feasible engineering
alternatives. The Recommended Alternative Alignment best balances the expected
project benefits with the overall effects.
The Recommended Alternative Alignment for Segment F-2 would require the
acquisition of right-of-way, the adjustment of utility lines, and the filling
of aquatic resources including approximately 1.3 acres of potentially jurisdictional
wetlands. The displacement of four businesses, 57 existing residences, and
66 platted residences would occur. Access changes or right-of-way would be
acquired from one undeveloped school property (Klein ISD), one church, and
one private park (Spring Klein Baseball Park). Additionally, like all alignments
considered, the Recommended Alternative Alignment would affect visual resources
in the immediate area, present potential access impacts, cause separation
of farmland from homesteads, cause changes to community cohesion, and affect
2.3 acres of remnant prairie topography. No effects to archeological sites,
historic properties, cemeteries, publicly-owned parks, riparian and bottomland
hardwood forests, or endangered species are expected. No disproportionate
effects to minority or low-income populations would result from this alternative.
Although a Recommended Alternative Alignment is presented, selection of the
final Preferred Alternative Alignment will not be made until after the public
comment period is completed, comments on the Revised DEIS are received and
considered, and the environmental effects are fully evaluated.
The Uniform Relocation Assistance and Real Property Acquisition Act of
1970 (Uniform Act) requires that comparable, decent, safe, and sanitary replacement
housing within a person's financial means be made available to all affected
residents. The State's Relocation Assistance Program will be available to
all individuals, families, businesses, farmers, ranchers, and nonprofit organizations
displaced as a result of the proposed project. Acquisitions of businesses
and residences will be conducted in accordance with the Uniform Act, as amended
in 1987. Relocation assistance would be made available to all businesses and
residences without discrimination, consistent with the requirements of the
Civil Rights Act of 1964 and the Housing and Urban Development Amendment of
1974. Representatives from the state will be available at the public hearing
to answer questions and provide information concerning the property acquisition
process and benefits offered by relocation assistance. The property acquisition
process for this project is scheduled to begin in 2008. Construction could
begin as early as 2009, depending upon the completion of property acquisition
and the availability of funds.
Copies of the Revised DEIS and other information about the project may
be obtained by contacting Mr. David Gornet at the Grand Parkway Association,
at (713) 965-0871. Paper copies of the Revised DEIS may also be reviewed at
the following locations: Grand Parkway Association, 4544 Post Oak Place, Suite
222, Houston, TX; TxDOT Houston District Office, 7721 Washington Avenue, Houston,
TX; Houston Public Library Bibliographic Information Center, 500 McKinney,
Houston, TX; Harris County Public Library, Barbara Bush Branch, 6817 Cypresswood
Dr., Spring, TX; Harris County Public Library, Tomball Branch, 1226 W. Main
St., Tomball TX; and Montgomery County Library, South Branch, 2101 Lake Robbins
Dr., The Woodlands, TX. A digital version of the Revised DEIS may be downloaded
from the Grand Parkway website at
www.grandpky.com
.
TRD-200602945
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 30, 2006
Notice of Public Hearing
An attorney with the Texas Water Development Board will conduct a public
hearing beginning at 9:00 a.m., July 10, 2006, Room 1-111, William Travis
Building, 1701 North Congress Avenue, Austin, Texas 78701, on the proposed
Fiscal Year 2007 Intended Use Plan for the Drinking Water State Revolving
Fund (DWSRF).
The Intended Use Plan contains a combined list of projects for large and
small communities, including projects for privately owned water systems and
projects for entities which have qualified as disadvantaged communities. Projects
are listed in priority order. The Intended Use Plan describes the sources
and uses of funds for projects as well as set-aside activities The proposed
Intended Use Plan has been prepared pursuant to rules for the DWSRF as adopted
by the Texas Water Development Board in 31 Texas Administrative Code, Chapter
371.
Interested persons are encouraged to attend the hearing and to present
relevant and material comments concerning the proposed Intended Use Plan.
In addition, persons may participate in the hearing by mailing written comments
before July 10, 2006 to Bruce E. Crawford, Office of Project Finance and Construction
Assistance, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711.
Written comments will also be accepted for thirty (30) days following the
July 10, 2006 hearing. Copies of the proposed 2007 Intended Use Plan will
be available in Room 580 of the Stephen F. Austin Building or may be obtained
from the Office of Project Finance and Construction Assistance, Texas Water
Development Board, P.O. Box 13231, Austin, Texas 78711.
The hearing is being conducted pursuant to 31 Texas Administrative Code, §371.11
and 40 Code of Federal Regulations Part 25.
TRD-200602975
Jonathan Steinberg
Deputy Counsel
Texas Water Development Board
Filed: May 31, 2006
An attorney with the Texas Water Development Board will conduct a public
hearing beginning at 9:00 a.m., July 24, 2006, Room 170, Stephen F. Austin
Building, 1700 North Congress Avenue, Austin, Texas 78711, on the proposed
Fiscal Year 2007 Intended Use Plan for the Clean Water State Revolving Fund
(CWSRF).
The Intended Use Plan contains a listing of treatment works projects in
prioritized order which will be considered for funding in FY 2007 through
the CWSRF program. The proposed Intended Use Plan has been prepared pursuant
to rules for the CWSRF as adopted by the Texas Water Development Board in
31 Texas Administrative Code, Chapter 375.
Interested persons are encouraged to attend the hearing and to present
relevant and material comments concerning the proposed Intended Use Plan.
In addition, persons may participate in the hearing by mailing written comments
before August 15, 2006 to Bruce E. Crawford, Office of Project Finance and
Construction Assistance, Texas Water Development Board, P.O. Box 13231, Austin,
Texas 78711. Copies of the proposed 2007 Intended Use Plan will be available
in Room 580 of the Stephen F. Austin Building or may be obtained from the
Office of Project Finance and Construction Assistance, Texas Water Development
Board, P.O. Box 13231, Austin, Texas 78711.
This hearing is being conducted pursuant to 31 Texas Administrative Code, §375.11
and 40 Code of Federal Regulations Part 25.
TRD-200602976
Jonathan Steinberg
Deputy Counsel
Texas Water Development Board
Filed: May 31, 2006
Ark-Tex Council of Governments
Texas Building and Procurement Commission
Request for Proposal
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Court Reporters Certification Board
Texas Commission on Environmental Quality
Notice of District Hearing
Notice of Meeting on July 20, 2006, in Houston, Texas Concerning the ArChem Company/Thames Chelsea Chemical Company USA Superfund Site
Notice of Water Quality Applications
Notice of Water Rights Application
Texas Health and Human Services Commission
Department of State Health Services
Notice of Emergency Cease and Desist Order on Adventure Dental Careers, LLC, dba Adventure Dental Careers
Notice of Intent to Revoke Certificates of Registration
Texas Higher Education Coordinating Board
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Third Party Administrator Applications
Texas Department of Licensing and Regulation
Texas Lottery Commission
Instant Game Number 679 "Texas Tripler"
Instant Game Number 683 "$50,000 Riches"
Instant Game Number 684 "Icy Cash"
Texas Board of Professional Engineers
Public Utility Commission of Texas
Notice of Application to Amend Certificated Service Area Boundaries in Goliad County, Texas
Notice of Application to Amend Certificated Service Area Boundaries in Moore County, Texas
Notice of Application to Relinquish a Service Provider Certificate of Operating Authority
San Antonio-Bexar County Metropolitan Planning Organization
Request for Proposal
Texas Department of Transportation
Aviation Division - Request for Proposal for Professional Services
Public Notice of DEIS
Texas Water Development Board
Notice of Public Hearing