TITLE in-addition

Texas Department of Agriculture

Notice of Invitation for Offers of Major Consultant Services: Strategic Plan for Texas Wine Industry Development

Pursuant to §§2254.021 - 2254.040 of the Texas Government Code, the Texas Department of Agriculture (TDA) is seeking major consulting services to assist TDA in the research and development of a long-term strategic plan for wine industry development. To ensure the future success of the Texas wine and grape industry, the need exists to accurately and thoroughly study, develop and evaluate a long-term strategy and plan to position the industry to take advantage of market trends, growth and opportunities.

The requested consultant will research, examine and develop a long-term strategic plan for TDA and the Texas wine industry to include a detailed number of facets, including, but not limited to:

1. A plan to develop a long-term 5-year, 10-year and 20-year approach to building the Texas wine "brand" and raising the perception and sales of Texas wines to include: a) Developing the core concepts of the Texas wine brand and image, ensuring it is in alignment with Texas wineries' capabilities; b) Identifying a niche for Texas wines and the unique role Texas wines can dominate in within the broader world of wine; c) Identifying the current perceptions of Texas wines and the best methods to build on the positives and change the negatives; d) Identifying future funding, training and education factors that will impact the industry; and e) Crystallizing the concept of what it means to be a consumer of Texas wines;

2. Identifying external factors that could affect the success of the industry in both negative and positive ways;

3. Identifying key goals for the industry to reach at 5 years, 10 years and 20 years with suggestions on how the goals can be met within existing budget parameters;

4. Recommending measures to evaluate progress toward goals;

5. Presentation of the plan at a minimum of two Wine Industry Development Advisory Committee meetings; and

6. A final report on the plan that includes a short, executive summary (no more than four pages) highlighting the key aspects.

In addition, TDA requests that all offers provide the following:

1. A detailed timeline with dates for specific deliverables. An initial report of findings must be complete within 60 days of contract award; all project components must be complete within 105 days of contract award; and

2. A detailed, line-item budget that outlines in specific detail costs for staff time, resources and other items.

The project team must work collaboratively with other individuals and organizations conducting research or projects with funding provided through the Wine Industry Development Fund.

TDA reserves the right to evaluate the qualifications and experience of any respondents, to reject any and/or all responses, and to negotiate specific terms of an agreement that is in the best interest of the state. All awards are subject to the availability of appropriations and authorizations by the Texas Legislature. Any information or documentation submitted to TDA is subject to disclosure under the Texas Public Information Act. Awarded projects must remain in full compliance with state and federal laws and regulations or be subject to termination at the discretion of TDA.

The closing date for receipt of offers is 5:00 p.m., CDT, July 17, 2006. Further information may be obtained by contacting Delane Caesar, Texas Department of Agriculture, 1700 N. Congress Avenue, Austin, Texas 78701, Phone: (512) 463-7609.

TRD-200603082

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: June 7, 2006


Request for Proposals: Wine Marketing Research

Statement of Purpose. The Texas Department ofAgriculture (TDA) is issuing this Request for Proposals (RFP) inviting proposals for the collection and analysis of general market research, both primary and secondary, for the Texas wine and grape industry to help position the industry to take advantage of market trends and opportunities. Funding for this general market research project is provided from the Texas Wine Industry Development Fund (WIDF). Section 50B.002 of the Texas Agriculture Code provides that under the direction of TDA and the Commissioner of Agriculture (commissioner), WIDF funds may be used for the development of technologies, strategies, or practices that could benefit the production of grapes and wine in the United States and increasing the economic impact of the Texas wine producing industry.

Additional information on TDA and its marketing programs, including wine, can be found at www.gotexanwine.org and www.agr.state.tx.us.

Eligibility. Funds may be awarded to institutions of higher education or governmental research entities. A proposal may include a request for funding of a project to be conducted by more than one entity.

Objective and Scope of Work. To ensure the future success of the Texas wine and grape industry, the need exists to accurately and thoroughly study and evaluate market trends, growth and opportunities. This RFP requests the completion and dissemination of general market research, both primary and secondary, for the Texas wine and grape industry to ensure producers are aligned to succeed within current trends and market forecasts.

The market research should cover an array of facets, including, but not limited to, the following:

1. A complete SWOT (strengths, weaknesses, opportunities and threats) analysis that identifies: a) Trends in the world wine industry at large; b) Where demand for wine is expected to grow in the next 5 years, 10 years and 20 years, both nationally and in-state; c) The current trends in varietals--which are expected to be in the highest demand in the future and why; d) The most strategic markets for Texas winemakers to focus on for growth--in-state, national or international and why; and e) Where the greatest potential exists in international markets;

2. Identification and evaluation of external factors that will impact the Texas wine and grape industry, including pending legislation, both national and in-state; legal issues, including any pending court cases; technology issues; political issues; and economic issues;

3. Information on demographics and psychographics of wine consumers and non-wine consumers, including evaluation of data collected through the agency's previous focus groups. This can also include other secondary data;

4. Details on the information sources consumers and buyers seek out when making wine purchase decisions and wine education;

5. Identification and presentation of opportunities aligned with other industries to provide details on other types of products or services purchased or sought by wine consumers;

6. Specific recommendations on immediate actions the industry can take to position itself more favorably in relation to all of the market research collected and presented;

7. Presentation of the major research findings at a minimum of two Wine Industry Development Advisory Committee meetings; and

8. A final report on the research highlights that includes a short, executive summary (no more than four pages) highlighting the key aspects.

The project team must work collaboratively with other individuals and organizations conducting research or projects with funding provided through the Wine Industry Development Fund.

Proposal Limitations. If funding becomes unavailable during the project term and TDA is unable to obtain sufficient funds, the project amount may be reduced or terminated.

Proposal/Funding Revisions. TDA reserves the right to fund proposals partially or fully. Where more than one proposal is acceptable for funding, TDA may request cooperation between grantees or revision/adjustment to a proposal in order to avoid duplication and to realize the maximum benefit to the state.

Submission Requirements. Each proposal must include the following information:

1. A cover sheet with names, titles, addresses, telephone and fax numbers, and email addresses of the principal researchers. Indicate who is designated as the lead point of contact;

2. Identification of the key personnel to be funded and/or involved in operations funded, including information on their experience, such as a brief professional biography and academic background and how it relates to the project for which that key personnel with be associated;

3. Additional information on the submitting entity's unique capabilities and/or resources to complete the tasks outlined in the RFP, any other value-added services that can be offered to further the intent of the outlined tasks, and any additional ideas or input to contribute to the goals of the project.

4. A detailed timeline with dates for specific deliverables. (Note: An initial report of findings must be complete within 60 days of contract award; all project components must be complete within 105 days of contract award.); and

5. A detailed, line-item budget that outlines in specific detail costs for staff time, resources and other items.

Reporting Requirements. Operations approved for funding are required to submit the following reports:

1. An initial report of findings must be complete within 60 days of contract award; and

2. A final report on all project components must be complete within 105 days of contract award. Reports must be submitted in a hard copy format and an electronic format on a diskette utilizing Word.

All reports must include an Executive Summary no more than 4 pages long.

General Compliance Information. All awards are subject to the availability of appropriations and authorizations by the Texas Legislature.

Any information or documentation submitted to TDA is subject to disclosure under the Texas Public Information Act.

Awarded projects must remain in full compliance with state and federal laws and regulations or be subject to termination at the discretion of TDA.

Deadline and Submission Information. Proposals should be submitted to Delane Caesar, Senior Policy Advisor for Marketing and Promotion, Texas Department of Agriculture, P. O. Box 12847, Austin, Texas 78711. The street address is 1700 North Congress, 11th Floor, Austin, Texas 78701.

Proposals must be received no later than 5:00 p.m., July 5, 2006 . One original and seven copies must be submitted. Fax copies will not be accepted. Please contact Delane Caesar at (512) 463-7609 or by e-mail at delane.Caesar@agr.state.tx.us with any questions you may have.

Evaluation and Award Information. All proposals will be subject to evaluation based on the criteria set forth in this RFP. TDA shall not pay for any costs incurred by any entity in responding to this RFP. TDA reserves the right to accept or reject any or all proposals submitted. TDA is under no legal or other obligation to award funds on the basis of this RFP or any other RFP. The Commissioner will make final funding decisions.

Texas Public Information Act. All proposals shall be deemed, once submitted, to be the property of the TDA and are subject to the Texas Public Information Act, Texas Government Code, Chapter 552.

TRD-200603081

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: June 7, 2006


Ark-Tex Council of Governments

Public Notice

The Ark-Tex Council of Governments will provide Open Government Training for all elected officials in our region.

Cost: Free to all elected officials whose city/county/school district/special district is a member of ATCOG. All other attendees will be charged $10 for the 2-hour training.

Date: Monday, June 26, 2006

Times/Locations: 9 a.m. - Nash City Hall 119 Elm, Nash, Texas

1:30 p.m. - Hopkins County Courthouse District Courtroom - 2nd Floor 118 Church Street Sulphur Springs, Texas

7 p.m. - Morris County Courthouse Annex 600 Broadnax, Daingerfield, Texas

For questions call (903) 832-8636. This training will satisfy all requirements as set forth by the Office of the Attorney General.

TRD-200603077

L.D. Williamson

Executive Director

Ark-Tex Council of Governments

Filed: June 7, 2006


Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of May 26, 2006, through June 1, 2006. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on June 7, 2006. The public comment period for these projects will close at 5:00 p.m. on July 7, 2006.

FEDERAL AGENCY ACTIONS:

Applicant: Doyle Beaumont ; Location: The project is located in an unnamed tidal canal, adjacent to East Galveston Bay, at 119 Mays Street, in Crystal Beach, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Flake, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 338248; Northing: 3258471. Project Description: The applicant proposes to construct a bulkhead in front of an existing boat ramp, placing 14 cubic yards of material below mean high water behind the bulkhead to stabilize the structure and eliminate the ramp. The new section of bulkhead will connect to the existing bulkhead along the canal side of the property. The applicant proposes to remove a section of bulkhead to the north of the existing boat slip, and to excavate 61 cubic yards of material to create a new boat slip, with a depth of -5 feet 11 inches below mean high water. The applicant proposes to bulkhead the perimeter of the proposed boat slip, and to construct a 280-square-foot boathouse inside the newly excavated boat slip. In addition, the applicant proposes to mechanically dredge an area in front of the proposed boat slip, removing 108 cubic yards of material below mean high water, excavating to a depth of -5 feet 11 inches below mean high water. Excavated material will be placed in uplands onsite, or behind the proposed bulkheads. The current depth at the existing bulkhead is -2 feet 8 inches below mean high water. The current depth at the centerline of the canal is -5 feet 11 inches below mean high water. No wetlands will be impacted by the proposed project. CCC Project No.: 06-0295-F1; Type of Application: U.S.A.C.E. permit application #24193 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Sullivan Land and Cattle Company ; Location: The project is located in Galveston Bay, at 5708 Harborside Drive, in Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 321483; Northing: 3242347. Project Description: The applicant proposes to amend Department of the Army Permit 12404 to reconfigure a previously permitted marina. The modification includes the addition of twenty-four 24-inch diameter mooring bollards along the northwest shoreline, the extension of concrete bulkhead along the eastern and southern shorelines of the existing marina basin, the restoration of erosion damage along the northwest shoreline, and the addition of a new pier, mooring bollards, and float boom system within the existing marina. The restoration of approximately 550 feet of eroding shoreline at the northwest corner of the permit area will include the discharge of 2,000 cubic yards of clean fill and riprap to stabilize the shoreline. The applicant also requests the permit modification to allow for the flexibility to build the marina as currently permitted. CCC Project No.: 06-0297-F1; Type of Application: U.S.A.C.E. permit application #12404(06) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: Palace Exploration ; Location: The project is located in East Matagorda Bay, in Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Palacios SE, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 785820; Northing: 3167697. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling and production. The applicant proposes to dredge a 14,900-foot-long access channel, and a 160-foot by 340-foot long work area to accommodate a marine drilling barge and shell pad. Approximately 40,000 cubic yards of material will be dredged to create the access channel. The applicant proposes to side cast this material, up to 0.5 feet deep, immediately to the south of the access channel. If the well proves productive, a well protector platform will be constructed with attendant facilities. Depth along the project site is -8.46 feet below mean high water. CCC Project No.: 06-0301-F1; Type of Application: U.S.A.C.E. permit application #23919 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200603078

Larry L. Laine

Chief Clerk/Deputy Land Commissioner

Coastal Coordination Council

Filed: June 7, 2006


Texas Coastal and Estuarine Land Conservation Program Plan

Notice of Availability of the Texas Coastal and Estuarine Land Conservation Program Plan and Request for Public Comment

Pursuant to guidelines issued by Ocean and Coastal Resource Management and National Oceanic and Atmospheric Administration (NOAA) for the development of a Coastal and Estuarine Land Conservation Program (CELCP) under Public Law 107-77 (2002), the Texas General Land Office has prepared a draft plan to implement the CELCP in Texas "for the purpose of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural or recreational state to other uses." The draft plan is intended to establish a process for identifying and ranking qualified projects within the state and to nominate projects to be considered for grant funding in an annual national competitive selection process.

"The Draft Texas Coastal and Estuarine Conservation Program Plan (Texas CELCP Plan) establishes priorities for land acquisitions, describes the process Texas will use to solicit, select, and nominate projects for CELCP funding, and includes the following required elements:

• A map or description of the geographic extent of coastal and estuarine areas within the state, as defined for the purposes of the CELCP;

• A description of the types of lands or values to be protected through the program and the need for conservation through acquisition;

• Identification of "project areas" that represent the state's priority areas for conservation, including areas threatened by conversion, based on state and national criteria for the program;

• A description of existing plans, or elements thereof, that are incorporated into the plan;

• A list of state or local agencies, or types of agencies, that are eligible to hold title to property acquired through the CELCP;

• A description of the state's process for reviewing and prioritizing qualified proposals for nomination to the national selection process. The vetting process should, at a minimum, involve representatives from the state's coastal zone management program, NERR(s), and any other agencies or entities that the state considers appropriate; and

• A description of public involvement and interagency coordination that occurred during the development of the plan.

Information regarding the draft Texas CELCP Plan is available on the Texas General Land Office Web site at www.glo.state.tx.us/coastal/celcp/index.html. It will be available for public comment for a period of thirty days, from June 16, 2006, through July 17, 2006. Please submit all comments regarding the draft Texas CELCP Plan to Tom Calnan, Texas General Land Office, Coastal Resources, P.O. Box 12873, Austin, Texas 78711-2873 or by e-mail to thomas.calnan@glo.state.tx.us.

TRD-200603086

Larry L. Laine

Chief Clerk/Deputy Commissioner

Coastal Coordination Council

Filed: June 7, 2006


Comptroller of Public Accounts

Notice of Intent to Renew Consulting Contract

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, Section 403.011, Texas Government Code, and Chapter 54, Subchapters F and G, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces this notice of intent to renew an existing investment consulting contract as follows.

The Comptroller provides this notice of intent to renew the contract with New England Pension Consultants, Inc., located One Main Street, Cambridge, Massachusetts 02142. The total amount of the contract is estimated not-to-exceed $155,000.00 for FY07. The contract was executed on September 28, 2003. The term of the contract is September 28, 2003, through August 31, 2006, with two (2) additional one year options to renew, one year at a time.

On April 5, 2006, the Board authorized the exercise of the first option to renew the contract for the period from September 1, 2006, through August 31, 2007. The original notice of request for proposals (RFP #157a) was published in the June 27, 2003, issue of the Texas Register (28 TexReg 4964).

The consultant will advise and assist the Comptroller by providing investment consulting services to the Board, to include quarterly reports due within sixty days after the end of each quarter. The Consultant will provide other reports as required by the Board throughout the 2007 fiscal year.

TRD-200603076

Pamela Smith

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 7, 2006


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/12/06 - 06/18/06 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/12/06 - 06/18/06 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200603053

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 6, 2006


Credit Union Department

Application for a Merger or Consolidation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application was received from New Mount Zion Baptist Church Credit Union (Dallas) seeking approval to merge with USECO Credit Union (Dallas). New Mount Zion Baptist Church Credit Union will be the surviving credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200602994

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 1, 2006


Texas Education Agency

Request for Applications Concerning Early College High School Grant

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under RFA #701-06-020 from school districts or open-enrollment charter schools and institutions of higher education (IHEs) to redesign or create a new Early College High School.

Eligibility Criteria. An Early College High School must meet all of the following eligibility requirements. (1) The Early College High School is an autonomous high school located on a college or university campus, within a larger high school, or on an independent campus. (2) The district in which the high school is located and the postsecondary institution on which the school is situated have entered into an agreement or adopted procedures that address the budget of the school, the sources of revenues, and the responsibilities of each partner for specific costs related to the Early College High School. (3) Joint decision-making procedures are in place to enable the high school and the higher education partner to plan and implement a coherent program across institutions. The budget for the high school reflects resources for supporting the ongoing collaboration between the high school and the higher education institution. (4) The high school and the higher education partner provide academic and support services to students, such as advisory structures, tutoring, personalized learning communities, or guidance counseling, to ensure student success in both high school and college-level coursework. Students have access to the college's facilities, resources, and services, such as sports facilities, writing centers, science labs, libraries, technology centers, and extracurricular activities as appropriate. (5) The school targets for admission students who are at risk of not graduating from high school within four years of entering ninth grade. Schools must be serving traditionally under-served populations with members of student groups who have high percentages of at-risk, economically disadvantaged students and first-time college goers. (6) Students in the Early College High School take a rigorous academic program of study that enables them to complete high school within five years of entering ninth grade and at the same time obtain an associate's degree or 60 semester credit hours toward a baccalaureate degree. An academic plan is in place in the high school showing how students will progress toward this goal. The plan lists high school, college, and dual credit courses by semester and year for each of the five years and indicates when students will satisfy district and state examination requirements. (7) If the Early College High School is not located on a college or university campus, the school has strategies and activities in place that foster a distinct college-going culture, including campus visits or weekend, Saturday, or summer programs on the college campus.

One application per Early College High School should be submitted.

Description. The purpose of Early College High School Grant is to ensure the continued success, sustainability, and, where appropriate, redesign of Early College High Schools, which give students who typically would not pursue postsecondary studies an opportunity to complete high school and a set amount of college-level coursework in an academically supportive environment.

Already established Early College High Schools that receive this grant will be expected to implement programs and activities that redesign existing programs. This grant is intended to supplement (increase the level of services) not supplant (replace) funds from federal, state, or local sources for existing programs. Grantees will also be required to implement strategies and activities to make resources and materials regarding successful practices and lessons learned available to other interested parties.

Dates of Project. The Early College High School Grant will be implemented during the 2006-2009 school years. Applicants should plan for a starting date of no earlier than October 9, 2006, and an ending date of no later than May 31, 2009.

Project Amount. Funding will be provided for approximately 5-10 projects. For the 2006-2007 school year, each project will receive a maximum of $120,000 to plan a new Early College High School, $240,000 to redesign an Early College High School serving Grades 9-12, or $330,000 to redesign an Early College High School serving Grades 6-12. In the second and third year, each project will receive a maximum of $240,000 for an Early College High School serving Grades 9-12 or $330,000 for an Early College High School serving Grades 6-12. Project funding in the second and third year will be based on satisfactory progress of the first-year objectives and activities and on appropriations by the Texas legislature and budget approval by the commissioner of education.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. Special consideration or priority will be given to applicants that establish an Early College High School on a college campus with the entering students comprising a cohort at the IHE. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-06-020 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/opge/disc/index.html for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Robin Gelinas, Division of Education Initiatives, Texas Education Agency, (512) 936-6060. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://www.tea.state.tx.us/opge/disc/index.html.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, August 17, 2006, to be eligible to be considered for funding.

TRD-200603085

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: June 7, 2006


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 10, 2006 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 10, 2006 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: ABF Freight System, Inc.; DOCKET NUMBER: 2006-0135-PST-E; IDENTIFIER: Regulated Entity Reference Number (RN) RN101628394; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: freight forwarder and transporter; RULE VIOLATED: 30 TAC §334.51(b)(2)(B) and the Code, §26.3475(c)(2), by failing to equip the fill tube of the tank with either an attached spill container or catchment basin or enclose it in a liquid-tight manway, riser, or sump; 30 TAC §334.10(b), by failing to make available legible copies of all required underground storage tank (UST) records; 30 TAC §334.50(d)(1)(B)(ii) and (iii)(I), and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records and by failing to record inventory volume measurement; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(2) COMPANY: Adeel, Inc. dba Carson Food Market; DOCKET NUMBER: 2006-0182-PST-E; IDENTIFIER: RN101535953; LOCATION: Haltom City, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to properly conduct effective manual or automatic inventory control procedures for all USTs; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to obtain the Stage II station representative certification and to provide in-house training to each/all current employee(s); 30 TAC §115.246(1) and THSC, §382.085(b), by failing to have a copy of the California Air Resources Board (CARB) Executive Order for the Stage II vapor recovery system (VRS); 30 TAC §334.49(c)(2)(C) and (4)(C), and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system and by failing to inspect and test the cathodic protection system for operability and adequacy of protection; 30 TAC §334.50(a)(1)(A) and (d)(1)(B)(iii)(II), and the Code, §26.3475(c)(1), by failing to provide a method of release detection and by failing to have an accurate means of measuring the level of stored substance over the full range of the tank's height to the nearest 1/8 of an inch; 30 TAC §334.7(d)(3), by failing to provide an amended UST registration; 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve on each pressurized delivery or product line and ensure that it is securely anchored at the base of the dispenser; 30 TAC §334.54(d)(2), by failing to ensure that any residue from stored regulated substances which remain in the temporarily out of service UST did not exceed a depth of 2.5 centimeters at the deepest point; 30 TAC §334.72(2), by failing to report a suspected release within 24 hours of a failing tank tightness test; 30 TAC §334.74(2), by failing to investigate a suspected release and conduct a site check after receiving a failing tank tightness test result; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; and 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition, as specified by the manufacturer and/or any applicable CARB Executive Order(s); PENALTY: $28,000; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Altaf Food Store, Inc. dba Pennysaver Foodstore; DOCKET NUMBER: 2006-0235-PST-E; IDENTIFIER: RN101447209; LOCATION: Addison, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii), and the Code, §26.3475(c)(1), by failing to ensure that all tanks are monitored in a manner which will detect a release and by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.7(a)(1), by failing to properly register the UST system; 30 TAC §334.49(a)(4) and the Code, §26.3475(d), by failing to provide corrosion protection to all underground components of a UST system; and 30 TAC §334.48(a) and (c), by failing to prevent an unauthorized discharge of gasoline and by failing to properly conduct effective manual or automatic inventory control procedures; PENALTY: $7,040; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: City of Alvarado; DOCKET NUMBER: 2006-0404-MLM-E; IDENTIFIER: RN101394385; LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY: municipal public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i) and (iii), and THSC, §341.0315(c), by failing to provide two or more wells with a total well capacity of 0.6 gallons per minute (gpm) per connection and by failing to provide two or more service pumps with a total service capacity of two gpm per connection; 30 TAC §290.43(c)(3)(B), by failing to provide a well casing that is at least 18 inches above the elevation of the finished floor of the pump house or natural ground surface; 30 TAC §290.44(h)(4)(C), by failing to demonstrate that backflow prevention devices had been tested for proper operation; 30 TAC §290.41(c)(3)(J), (K), (M), and (N), by failing to repair the cracked concrete sealing blocks, by failing to provide well number six with a screened casing vent, by failing to provide a suitable sampling tap, and by failing to provide a flow meter; 30 TAC §290.46(m)(4), by failing to maintain all water system distribution lines and related appurtenances; 30 TAC §290.43(e), by failing to maintain intruder-resistant fences and gates; and 30 TAC §288.20, by failing to provide a drought contingency plan; PENALTY: $3,120; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Arthur Thompson Post Number 8905, Veterans of Foreign Wars of the United States, Cypress, Texas; DOCKET NUMBER: 2006-0318-PWS-E; IDENTIFIER: RN101652147; LOCATION: Cypress, Harris County, Texas; TYPE OF FACILITY: recreational facility with public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect routine water samples for bacteriological analysis and by failing to post a public notification of that failure; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay water system and public health service fees; PENALTY: $1,980; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Dennis O. Brito; DOCKET NUMBER: 2006-0204-LII-E; IDENTIFIER: RN103543013; LOCATION: Irving, Dallas County, Texas; TYPE OF FACILITY: general contractor; RULE VIOLATED: 30 TAC §30.5(a) and §344.4(a), the Code, §37.003(a), and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system; PENALTY: $500; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: City of Buda; DOCKET NUMBER: 2006-0390-WQ-E; IDENTIFIER: RN104917109; LOCATION: Buda, Hays County, Texas; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(8) COMPANY: Choice Petroleum, Inc. dba Gators 2; DOCKET NUMBER: 2006-0274-PST-E; IDENTIFIER: RN102049053; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain the UST records and make them immediately available for inspection upon request; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; PENALTY: $4,651; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Cibolo Grocery Store, Inc.; DOCKET NUMBER: 2006-0226-PST-E; IDENTIFIER: RN104568753; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all tanks are monitored in a manner which will detect a release; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Steven Mahr, (512) 239-6017; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: Mansoor Khawaja dba CJ's One Stop 2; DOCKET NUMBER: 2006-0172-PWS-E; IDENTIFIER: RN101797504; LOCATION: Porter, Montgomery County, Texas; TYPE OF FACILITY: gas station with public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and THSC, §341.033(d), by failing to conduct routine monthly bacteriological analysis; PENALTY: $1,313; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Arthur M. Gonzalez dba David's Superette; DOCKET NUMBER: 2006-0197-PST-E; IDENTIFIER: RN101752947; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,568; ENFORCEMENT COORDINATOR: Steven Mahr, (512) 239-6017; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Enbridge Pipelines East Texas L.P.; DOCKET NUMBER: 2006-0092-AIR-E; IDENTIFIER: RN100224914; LOCATION: Lanley, Freestone County, Texas; TYPE OF FACILITY: natural gas treating; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 31352, and THSC, §382.085(b), by failing to comply with permitted emission limits; PENALTY: $15,680; ENFORCEMENT COORDINATOR: Amy Burgess, (512) 239-2540; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(13) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2005-0644-AIR-E; IDENTIFIER: RN102450756; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.201(b)(7) and (c), and THSC, §382.085(b), by failing to include the compound descriptive type of all individually listed compounds or mixtures of air contaminants in the final record and by failing to submit a copy of the final record of an emissions event; and 30 TAC §116.116(a)(1) and THSC, §382.085(b), by failing to obtain regulatory authority or to meet the demonstration requirements of 30 TAC §101.222 for emissions; PENALTY: $21,493; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2006-0132-AIR-E; IDENTIFIER: RN100542844; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petrochemical manufacturing; RULE VIOLATED: 30 TAC §101.201(c) and THSC, §382.085(b), by failing to submit a copy of the final record for a reportable emissions event; and 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c), Air New Source Review Permit Number 7799/PSD-TX-860, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limits; PENALTY: $10,093; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(15) COMPANY: Jarrell Texaco, Inc.; DOCKET NUMBER: 2006-0181-PST-E; IDENTIFIER: RN101310316; LOCATION: Jarrell, Williamson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to inspect and test the cathodic protection system for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.48(c), by failing to conduct effective manual or automotive inventory control procedures for all USTs; and 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information on the registration; PENALTY: $6,120; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(16) COMPANY: Jerry, Jr. Inc. dba Country Store; DOCKET NUMBER: 2006-0256-PST-E; IDENTIFIER: RN101444677; LOCATION: Cotulla, La Salle County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to provide proper release detection; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Christina Martinez, (512) 239-0739; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(17) COMPANY: City of Laredo; DOCKET NUMBER: 2005-1996-MLM-E; IDENTIFIER: RN100524099 and RN103026043; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(a) and (b)(2)(F) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 111 gallons per connection or a pressure tank capacity of 22.2 gallons per connection for each pressure plane, by failing to provide a total storage capacity of 222 gallons per connection for each pressure plane, and by failing to provide a service pump capacity that provides each pump station or pressure plane with two or more pumps that have a total capacity of two gpm per connection or that have a total capacity of at least 1,000 gpm and the ability to meet peak hourly demands; 30 TAC §290.44(d)(2), by failing to acquire plan approval for service connections that require booster pumps; 30 TAC §290.46(m), (q)(1), and (r), by failing to ensure the good working condition and general appearance of the system's facilities and equipment, by failing to issue a boil water notification, and by failing to maintain a minimum pressure of 35 pounds per square inch throughout the distribution system; 30 TAC §290.42(d)(5) and §290.45(a), by failing to provide a flow measuring device; 30 TAC §290.43(c)(3), by failing to design overflows in strict accordance with current American Water Works Association standards; and 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System Permit Number 10681-002, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $45,300; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(18) COMPANY: Milwhite, Inc.; DOCKET NUMBER: 2006-0268-AIR-E; IDENTIFIER: RN100826361; LOCATION: Van Horn, Culberson County, Texas; TYPE OF FACILITY: talc manufacturing; RULE VIOLATED: 30 TAC §116.115(c) and THSC, §382.085(b), by failing to install permanently mounted spray bars on the primary crusher; PENALTY: $600; ENFORCEMENT COORDINATOR: Amy Burgess, (512) 239-2540; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(19) COMPANY: Moss Bluff Hub Partners, L.P.; DOCKET NUMBER: 2006-0231-AIR-E; IDENTIFIER: RN100217256; LOCATION: Liberty, Liberty County, Texas; TYPE OF FACILITY: natural gas storage; RULE VIOLATED: THSC, §382.085(a), by failing to meet the demonstrations for an affirmative defense; PENALTY: $70,000; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Gary Stahlheber dba Oakridge Mobile Home Park; DOCKET NUMBER: 2005-2061-OSS-E; IDENTIFIER: RN104609250; LOCATION: Pearland, Brazoria County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.70 and the Code, §26.121(a), by failing to operate and maintain the on-site sewage facility (OSSF) to prevent the unauthorized discharge of sewage; 30 TAC §285.7(c)(2)(B), by failing to have an annual maintenance contract for the OSSF to ensure that proper maintenance is being performed; 30 TAC §285.34(b)(1) and §285.70, by failing to maintain water-tight seals on two pumps at the site; and 30 TAC §285.3(a), by failing to obtain a permit to make repairs and alterations to the OSSF; PENALTY: $1,320; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Parker-Hannifin Corporation; DOCKET NUMBER: 2006-0203-AIR-E; IDENTIFIER: RN100218726; LOCATION: Nacogdoches, Nacogdoches County, Texas; TYPE OF FACILITY: rubber gaskets and seals manufacturing; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2)(A), and 122.146(5)(D), Federal Operating Permit Number 1101, and THSC, §382.085(b), by failing to report an emissions event in a deviation report and to reference the event on the annual compliance certification; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(22) COMPANY: Marjorie Powell; DOCKET NUMBER: 2006-0234-LII-E; IDENTIFIER: RN104479316; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: landscape irrigation; RULE VIOLATED: 30 TAC §30.5(b) and §344.58(b), the Code, §37.003, and Texas Occupations Code, §1903.251, by failing to refrain from using or attempting to use the license of someone else who is a licensed irrigator or installer and by failing to refrain from advertising or representing themselves to the public as a holder of a license or registration unless they possess a current license or registration; PENALTY: $200; ENFORCEMENT COORDINATOR: Carolyn Lind, (905) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: Roger Rutledge; DOCKET NUMBER: 2006-0159-LII-E; IDENTIFIER: RN104858907; LOCATION: Eastland, Eastland County, Texas; TYPE OF FACILITY: irrigator; RULE VIOLATED: 30 TAC §30.5(a) and §344.4(a), the Code, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(24) COMPANY: Weldon W. Alders dba Southampton Subdivision and dba Meadow Glen Crystal Springs Water; DOCKET NUMBER: 2006-0217-PWS-E; IDENTIFIER: RN101239887 and RN101220580; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and (iii), and THSC, §341.0315(c), by failing to provide a storage capacity of 200 gallons per connection and by failing to provide two or more pumps having a total capacity of two gpm per connection; 30 TAC §290.110(e)(4), by failing to submit a quarterly distribution report; 30 TAC §290.121(a), by failing to maintain an up-to-date chemical and microbiological monitoring plan; and 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the water system's pressure tank and by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; PENALTY: $7,728; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Springtown Independent School District; DOCKET NUMBER: 2006-0287-MWD-E; IDENTIFIER: RN101524866; LOCATION: Reno, Parker County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §319.7(c), by failing to maintain required records at the facility; 30 TAC §305.125(1) and Permit Number WQ0014054001, by failing to submit the required annual soil samples, by failing to prevent public access to the irrigation disposal site, and by failing to submit the annual sludge report; and 30 TAC §319.4 and Permit Number WQ0014054001, by failing to conduct weekly biochemical oxygen demand analyses; PENALTY: $4,280; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: Texas H20, Inc.; DOCKET NUMBER: 2006-0218-PWS-E; IDENTIFIER: RN101992188; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and (e)(5), and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection and by failing to maintain a secure seal on the hypochlorination container; 30 TAC §290.121(a), by failing to maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.41(c)(3)(O), by failing to maintain the fencing at the Jackson Bend and Midway Court pump stations; and 30 TAC §290.46(m), by failing to maintain the water supply grounds and facilities in a manner so as to minimize the possibility of the harboring of rodents, insects, or other disease vectors that could cause the contamination of the water; PENALTY: $798; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(27) COMPANY: Texas Malik Enterprises, Inc. dba KC2 Grocery Store; DOCKET NUMBER: 2006-0245-PST-E; IDENTIFIER: RN101634889; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to have a method of release detection which was capable of detecting a release; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; 30 TAC §334.8(c)(5)(A)(i) and (B)(ii) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, delivery certificate and by failing to timely renew a previously issued delivery certificate; and 30 TAC §115.242(3) and the THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; PENALTY: $8,560; ENFORCEMENT COORDINATOR: Joseph Daley, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(28) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2006-0187-AIR-E; IDENTIFIER: RN104150123; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 260, and the THSC, §382.085(b), by failing to prevent an unauthorized release of 7,000 pounds of Freon 22; PENALTY: $1,880; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: The Enclave at Canyon Lake, Limited; DOCKET NUMBER: 2006-0213-EAQ-E; IDENTIFIER: RN104771928; LOCATION: San Antonio, Comal County, Texas; TYPE OF FACILITY: 184-acre single-family residential construction site; RULE VIOLATED: 30 TAC §213.21(d), by failing to obtain approval of an Edwards Aquifer Contributing Zone plan; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(30) COMPANY: The Optimist Club of Town & Country, Round Rock, Texas; DOCKET NUMBER: 2006-0237-EAQ-E; IDENTIFIER: RN102731007; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: land; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a Water Pollution Abatement plan exception request prior to construction activities; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(31) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2006-0532-AIR-E; IDENTIFIER: RN100219310; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: oil refining; RULE VIOLATED: 30 TAC §§101.2(2), 115.112(a)(1), and 116.115(b)(2)(F) and (c), New Source Review Air Permit Number 2501A, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §101.201(a)(1)(B) and (b)(7), (8), and (10), and THSC, §382.085(b), by failing to properly submit emissions events reports; and 30 TAC §101.4, by failing to prevent nuisance conditions; PENALTY: $700,000; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200603041

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: June 5, 2006


Notice of Water Quality Applications

The following notices were issued during the period of May 4, 2006 through June 2, 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.

700 Deerfield Katy, L.P. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014692001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility will be located approximately 4,200 feet west and 1,200 feet north of the intersection of Farm-to-Market Road 1463 and Fulshear Katy Road in Fort Bend County, Texas.

City of Italy has applied for a major amendment to TPDES Permit No. 14195-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 228,000 gallons per day to a daily average flow not to exceed 650,000 gallons per day. The facility is located approximately 0.75 mile south of State Highway 34 and 0.5 mile east of Farm-to-Market Road 667 in Ellis County, Texas.

City of Lakeport has applied for a renewal of TPDES Permit No. 10939-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 140,000 gallons per day. The facility is located approximately 1,550 feet northeast of the intersection of State Highway 149 and State Highway 322 and adjacent to the east bank of the Sabine River in the northern part of the City of Lakeport in Gregg County, Texas.

City of Riverside has applied for a renewal of Permit No. 13345-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 59,000 gallons per day via surface irrigation of 33 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located east of Farm-to-Market Road 405, approximately one mile south of the City of Riverside in Walker County, Texas.

Cottonwood Energy Company, LP, which operates the Cottonwood Energy Project, a combined cycle electric power generating facility, has applied for a renewal of TPDES Permit No. WQ0004230000, which authorizes the discharge of low volume wastewater, cooling tower blowdown, and domestic wastewater at a daily average flow not to exceed 2,250,000 gallons per day via Outfall 001. The facility is located southwest of the City of Ruliff, west of Indian Lake Road, approximately 0.75 miles south of the intersection of Indian Lake Road and Hartburg Road, Newton County, Texas.

DuchMandola, Ltd., which operates a winery, has applied for a new permit, Proposed Permit No. WQ0004780000 to authorize the disposal of treated wastewater at a volume not to exceed a daily average of 167 gallons per day during the months of October through June and 2,151 gallons per day for July through September via evaporation. The facility and disposal site are located off of Farm-to-Market 150, approximately 2.5 miles south/southeast of the town of Driftwood from the intersection of County Road 170 and Farm-to-Market Road 150, Hays County, Texas.

GE Mobile Water, Inc., which operates an ion exchange water treatment facility, has applied for a major amendment to TPDES Permit No. WQ0003964000 to authorize the discharge of reverse osmosis membrane cleaning wastewater via Outfall 001 and increase the daily average flow at Outfall 001 from 250,000 gallons per day to 480,000 gallons per day and the daily maximum flow at Outfall 001 from 350,000 to 540,000 gallons per day. The current permit authorizes the discharge of ion exchange water treatment system wastes at a daily average flow not to exceed 250,000 gallons per day via Outfall 001. The facility is located adjacent to the west side of Farm-to-Market Road 1405 and approximately 4,000 feet south of the intersection of State Highway 55 and Farm-to-Market 1405, east of the City of Baytown, Chambers County, Texas.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the permit issued to Georgia Gulf Chemicals & Vinyls, LLC, which operates an organic chemical manufacturing plant which produces cumene, phenol, and acetone as its primary products, to add effluent limitations for enterococci at Outfall 004. The existing permit authorizes the discharge of cooling tower blowdown, boiler blowdown, steam system blowdown, and storm water at a daily maximum flow not to exceed 320,000 gallons per day; storm water on an intermittent and flow variable basis via Outfall 002; storm water from the dock area on an intermittent and flow variable basis via Outfall 003; treated process wastewater, utility waters, and treated domestic sewage at a daily average flow not to exceed 450,000 gallons per day via Outfall 004; cooling tower blowdown, steam condensate, and storm water runoff from a lay-down yard at a daily maximum dry weather flow not to exceed 500,000 gallons per day via Outfall 005; storm water on an intermittent and flow variable basis via Outfall 006. The facility is located at 3503 Pasadena Freeway, on the south bank of the Houston Ship Channel Tidal, approximately 7,500 feet north of State Highway 225 in the City of Pasadena, Harris County, Texas.

Hidalgo County Municipal Utility District No. 1 has applied for a major amendment to Permit No. 12854-001, to authorize an increase in the daily average flow from 375,000 gallons per day to 500,000 gallons per day. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 375,000 gallons per day via surface irrigation of 200 acres of a golf course. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 2.2 miles northeast of the intersection of Farm-to-Market Road 1427 and U. S. Highway 83, and approximately 1.5 miles northwest of the intersection of Farm-to-Market Road 492 and U. S. Highway 83 in Hidalgo County, Texas.

James Rodney Cosper has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0014003001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 21,600 gallons per day. The facility is located at the Cowtown Recreational Vehicle Park, approximately 1,800 feet south of the centerline of Interstate Highway 20 and approximately 4,650 feet west of Farm-to-Market Road 1187 north of Aledo in Parker County, Texas.

McWane, Inc., c/o Tyler Pipe Company, which operates a grey and ductile iron foundry, has applied for a renewal of TPDES Permit No. WQ0001793000, which authorizes the discharge of treated process wastewater at a daily average flow not to exceed 720,000 gallons per day via Outfall 001; treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day via Outfall 002; and storm water runoff on an intermittent and flow variable basis via Outfalls 003 and 004. The facility is located north of the intersection of and between U. S. Highway 69 and Jim Hogg Highway (old Lindale Highway) in the community of Swan, Smith County, Texas.

Milk Transport Services, L.P., which operates the Stephenville Milk Transport Services Terminal, a bulk milk transport services terminal, has applied for a renewal of Permit No. WQ0004314000, which authorizes the disposal of process wastewater at a daily average flow not to exceed 2,000 gallons per day via irrigation of 3.5 acres. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located at 771 County Road 176 (Smith Springs Road), approximately 0.25 mile northwest of the intersection of U. S. Highway 281 and County Road 176, north of the City of Stephenville, Erath County, Texas.

Moffett Twin-Oaks Mobile Homeproperty Trust has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 11588-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 49,000 gallons per day. The facility is located on the west bank of Willis Creek, approximately one mile south of the Willis Creek crossing of Farm-to-Market Road 842 and approximately two miles northeast of the intersection of Farm-to-Market Road 842 and State Highway 103E near the City of Lufkin in Angelina County, Texas.

Navasota Independent School District has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014662001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 24,000 gallons per day. The facility will be located approximately 5.5 miles east of State Highway 6, one hundred (100) feet north of State Highway 105, and approximately 800 feet west of Loop 234 and County Road 309 in Grimes County, Texas.

NORIT Americas, Inc., which operates the Marshall Plant, an activated carbon manufacturing facility, has applied for a renewal of TPDES Permit No. WQ0000703000, which authorizes the discharge of treated process wastewater, utility wastewater, and storm water at a daily average flow not to exceed 2,000,000 gallons per day via Outfall 001. The facility is located at the west end of University Avenue, approximately 1,300 feet west of the intersection of University Avenue and Martin Luther King, Jr. Boulevard, on the southwest edge of the City of Marshall, Harrison County, Texas.

North Orange Water and Sewer, LLC has applied for a renewal of TPDES Permit No. 11589-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 153,000 gallons per day. The facility is located immediately west of State Highway 87, approximately 4.5 miles north of the intersection of State Highway 87 and Interstate Highway 10 and approximately 6.9 miles north of the business district of the City of Orange in Orange County, Texas.

Quadvest, L.P. has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014675001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 320,000 gallons per day. The facility will be located approximately 2,400 feet southeast of the intersection of Bauer Road and Botkins Road in Harris County, Texas.

Rocky Creek Wastewater Utility, L.P. has applied for a new permit, Proposed Permit No. WQ0014664001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 125,500 gallons per day via surface irrigation of 50.0 acres of public access land. The facility and disposal site will be located approximately 5,000 feet south of Hamilton Pool Road (Farm-to-Market Road 3238) and 2,250 feet west of Crumley Ranch Road in Travis County, Texas.

Truman Arnold Companies, which operates the Caddo Mills Terminal, a petroleum bulk fuel storage and tank truck loading facility, has applied for a renewal of TPDES Permit No. WQ0002837000, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfalls 001, 002, and 003. The facility is located at 2738 County Road 2168, in the City of Caddo Mills, Hunt County, Texas.

TRD-200603074

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 7, 2006


Notice of Water Rights Application

Notice issued on June 2, 2006:

Application No. 18-2003B (ADJ 2003); Wheatcraft, Inc., Applicant, 6133 Highway 27, Center Point, Texas 78010, has applied for an amendment to Certificate of Adjudication No. 18-2003 to change the purpose of use of the water, to delete the existing diversion point, and to add two (2) new diversion points downstream on the Guadalupe River, Guadalupe River Basin in Kerr County. The application was received on December 2, 2005. Additional information was received on March 1, and April 17, 2006. The application was declared administratively complete and filed with the Office of the Chief Clerk on May 30, 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 22, 2006. The Texas Commission on Environmental Quality (TCEQ) may grant a contested case hearing on this application if a written hearing request is filed by June 22, 2006.

INFORMATION SECTION

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments, or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P. O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200603073

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 7, 2006


Golden Crescent Workforce Development Board

Request for Proposal

Public Notice

The Golden Crescent Workforce Development Board will release its Request for Proposals for a Managing Director to operate and manage the Golden Crescent Workforce Centers on June 23, 2006.

The Board is responsible for administering an integrated workforce development system, including job training, employment, and employment-related educational programs.

The geographic area to be served includes Calhoun, DeWitt, Goliad, Gonzales, Jackson, Lavaca and Victoria Counties in Texas.

A complete set of specifications may be obtained on or after June 23, 2006, from Cassandra Coleman at 120 South Main #501, Victoria, Texas, Phone: (361) 576-5872, Fax: (361) 573-0225, or email: cassandra.coleman@twc.state.tx.us.

A bidders' conference will be held at 1:30 p.m. CST, on July 10, 2006.

TRD-200603083

Laura Sanders

Executive Director

Golden Crescent Workforce Development Board

Filed: June 7, 2006


Request for Proposal

Public Notice

The Golden Crescent Workforce Development Board will release its Request for Proposals for a Workforce Center Contractor to operate and manage the Golden Crescent Workforce Centers on June 23, 2006.

The Board is responsible for administering an integrated workforce development system, including job training, employment, and employment-related educational programs.

The geographic area to be served includes Calhoun, DeWitt, Goliad, Gonzales, Jackson, Lavaca and Victoria Counties in Texas.

A complete set of specifications may be obtained on or after June 23, 2006, from Cassandra Coleman at 120 South Main #501, Victoria, Texas, Phone: (361) 576-5872, Fax: (361) 573-0225, or email: cassandra.coleman@twc.state.tx.us.

A bidders' conference will be held at 1:30 p.m. CST, on July 10, 2006.

TRD-200603084

Laura Sanders

Executive Director

Golden Crescent Workforce Development Board

Filed: June 7, 2006


Texas Health and Human Services Commission

Notice of Adopted Medicaid Provider Payment Rates for Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) (Large Facilities)

Adopted Rates. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission adopts an increase in the interim Medicaid reimbursement rate paid to Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) (large facilities) of $331.89 per person per day. The new $331.89 rate will be effective from April 1, 2006 through August 31, 2006.

Methodology and Justification. This new rate will allow the Texas Department of Aging and Disability Services (DADS) to draw down federal matching funds for costs anticipated to be incurred in state-operated facilities for the remainder of this fiscal year. The rate was determined in accordance with the rate setting methodology codified as 1 TAC Chapter 355, Subchapter D, relating to Reimbursement Rates, §355.456(f).

TRD-200603070

Lee Dickinson

Assistant General Counsel

Texas Health and Human Services Commission

Filed: June 7, 2006


Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200603052

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 6, 2006


Notice of a Default Order and Agreed Orders

The Department of State Health Services (department) issued Orders to the following registrants:

Default Order - Plant and Pipeline Inspection (License Number L05746-000) of Rockport. A total penalty of $4,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Agreed Orders -

R.D. Whittington, D.M.D., Inc. (Unregistered Laser) of Rockport. A total penalty of $1,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Texas Managed, Inc., dba Texas Urgent Care (Registration Number R28893-000) of Houston. A total penalty of $8,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Saratoga Medical Center, Ltd. (Registration Number R20218-001) of Corpus Christi. A total penalty of $3,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

HTS, Inc., Consultants (License Number L02757-000) of Houston. A total penalty of $1,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

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-200603051

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 6, 2006


Texas Department of Insurance

Company Licensing

Application to change the name of AMERICAN PHYSICIANS INSURANCE EXCHANGE to AMERICAN PHYSICIANS INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Austin, Texas.

Application to change the name of AMERICOM LIFE & ANNUITY INSURANCE COMPANY to OM NATIONAL LIFE INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Baltimore, Maryland.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200603079

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 7, 2006


Correction of Error

The Texas Department of Insurance proposed new rule, 28 TAC §5.4607, in the June 9, 2006, issue of the Texas Register (31 TexReg 4696). On page 4698, first column, second paragraph, the deadline date for submitting comments on the proposed new rule is incorrect. The correct date is July 10, 2006, not July 3, 2006.

The paragraphs concerning the deadline for comments and the public hearing on the proposed rule should read as follows:

"To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on July 10, 2006, to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 1132A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comments must be submitted simultaneously to Alexis Dick, Deputy Commissioner, Inspections Division, Mail Code 103-1A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104.

"The Commissioner will consider the adoption of proposed new §5.4607 in a public hearing under Docket Number 2642, scheduled for 10:00 a.m. on June 21, 2006; in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street, Austin, Texas."

TRD-200603062


Texas Lottery Commission

Instant Game Number 626 "Betty Boop Halloween"

1.0 Name and Style of Game.

A. The name of Instant Game No. 626 is "BETTY BOOP". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 626 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 626.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, BAT SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000 and $30,000.

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: GAME NO. 626 - 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: GAME NO. 626 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $50.00 or $200.

I. High-Tier Prize - A prize of $2,000 or $30,000.

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 (626), 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: 626-0000001-001.

L. Pack - A pack of "BETTY BOOP" 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 "BETTY BOOP" Instant Game No. 626 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 "BETTY BOOP" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of the YOUR NUMBERS play symbols to either of the WINNING NUMBERS play symbols, the player wins the prize shown for that number. If a player reveals a bat play symbol, the player wins all 10 PRIZES shown instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. No more than one pair of non-winning prize symbols on a ticket.

C. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

D. No duplicate WINNING NUMBERS play symbols on a ticket.

E. The bat (win all) play symbol will only appear as dictated by the prize structure and only once on a ticket.

F. When the bat (win all) play symbol appears, there will be no occurrence of a YOUR NUMBERS play symbol matching either WINNING NUMBER play symbol.

G. Non-winning prize symbols will never be the same as the winning prize symbol(s).

H. No prize amount in a non-winning spot will correspond with the YOUR NUMBER play symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "BETTY BOOP" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "BETTY BOOP" Instant Game prize of $2,000 or $30,000, 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 "BETTY BOOP" 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 "BETTY BOOP" 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 "BETTY BOOP" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 626. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 626 - 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. 626 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. 626, 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-200603061

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 6, 2006


Instant Game Number 658 "Bonus Break the Bank"

1.0 Name and Style of Game.

A. The name of Instant Game No. 658 is "BONUS BREAK THE BANK". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 658 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 658.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, STACK OF BILLS SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000, $7,500 or $75,000.

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: GAME NO. 658 - 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: GAME NO. 658 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100 or $500.

I. High-Tier Prize - A prize of $1,000, $7,500 or $75,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (658), 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: 658-0000001-001.

L. Pack - A pack of "BONUS BREAK THE BANK" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BONUS BREAK THE BANK" Instant Game No. 658 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 "BONUS BREAK THE BANK" Instant Game is determined once the latex on the ticket is scratched off to expose 38 (thirty-eight) Play Symbols. If a player matches any of Your Numbers play symbols to any of the Lucky Numbers play symbols within the same game, the player wins prize shown for that number. If a player reveals a money stack play symbol, the player wins the prize shown instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 38 (thirty-eight) 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 38 (thirty-eight) 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 38 (thirty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 38 (thirty-eight) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. No duplicate non-winning Your Numbers on a ticket.

C. No duplicate Lucky Numbers on a ticket.

D. No more than four like non-winning prize symbols on a ticket.

E. A non-winning prize symbol will never be the same as a winning prize symbol.

F. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

G. The auto win symbol will never appear more than once in a game, but may appear once in both games on tickets that win 2 or more times.

H. No Your Number play symbol in one game will match a Lucky Number play symbol in the other game.

2.3 Procedure for Claiming Prizes.

A. To claim a "BONUS BREAK THE BANK" Instant Game prize of $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 "BONUS BREAK THE BANK" Instant Game prize of $1,000, $7,500 or $75,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "BONUS BREAK THE BANK" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "BONUS BREAK THE BANK" 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 "BONUS BREAK THE BANK" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 15,000,000 tickets in the Instant Game No. 658. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 658 - 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. 658 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. 658, 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-200603060

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 6, 2006


Instant Game Number 665 "$250,000 Bonus"

1.0 Name and Style of Game.

A. The name of Instant Game No. 665 is "$250,000 BONUS". The play style is for Game 1 is "beat score". The play style for Game 2 is "matchup". The play style for Game 3 is "key symbol match with auto win". The play style for Game 4 is "key number match with tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 665 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 665.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, MONEY BAG SYMBOL, $2.00, $4.00, $5.00, $8.00, $10.00, $20.00, $50.00, $100, $250, $500, $1,000, $50,000, $100,000, $250,000, DOLLAR SIGN SYMBOL, BOOT SYMBOL, SADDLE SYMBOL, HAT SYMBOL, SPUR SYMBOL, HORSE SYMBOL, HORSESHOE SYMBOL, GOLD BAR SYMBOL, STACK OF BILLS SYMBOL, CLOVER SYMBOL, POT OF GOLD SYMBOL or COIN 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: GAME NO. 665 - 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: GAME NO. 665 - 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 $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100 or $500.

I. High-Tier Prize - A prize of $1,000, $5,000 or $250,000.

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 (665), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 665-0000001-001.

L. Pack - A pack of "$250,000 BONUS" Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 050 will be exposed on one side of the pack and ticket front 001 on the other side.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$250,000 BONUS" Instant Game No. 665 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 "$250,000 BONUS" Instant Game is determined once the latex on the ticket is scratched off to expose 51 (fifty-one) Play Symbols. GAME 1: If YOUR NUMBER play symbol beats THEIR NUMBER play symbol in any one horizontal row, the player wins the PRIZE for that row. If a player reveals a money bag play symbol in YOUR NUMBER, the player wins all 4 prizes for this game. GAME 2: If a player reveals 3 matching amounts, the player wins that amount. If a player reveals 2 matching amounts and a dollar play symbol, the player wins DOUBLE the amount shown. GAME 3: If a player matches any of YOUR SYMBOLS to the LUCKY SYMBOL, the player wins the PRIZE shown for that symbol. If a player reveals a pot of gold play symbol, the player instantly wins the PRIZE shown for that symbol. GAME 4: If any of YOUR NUMBERS play symbols match either CASH NUMBER play symbol, the player wins the PRIZE shown for that number. If a player reveals a coin play symbol under YOUR NUMBERS, the player wins TRIPLE the PRIZE shown for that number. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 51 (fifty-one) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 51 (fifty-one) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 51 (fifty-one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 51 (fifty-one) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. GAME 1: No duplicate non-winning rows.

C. GAME 1: No ties between Your Number and Their Number within a row.

D. GAME 1: No duplicate non-winning prize symbols.

E. GAME 1: When the moneybag symbol appears, the other three rows will be non-winning plays.

G. GAME 2: No four or more of a kind.

H. GAME 2: The doubler symbol will only appear as dictated by the prize structure.

I. GAME 2: The doubler symbol will never appear more than once on a ticket.

J. GAME 3: No duplicate non-winning prize symbols.

K. GAME 3: No duplicate non-winning Your Symbols.

L. GAME 3: The pot of gold symbol will never appear more than once.

M. GAME 4: No more than one pair of duplicate non-winning prize symbols.

N. GAME 4: No duplicate non-winning Your Numbers.

O. GAME 4: No duplicate Cash Numbers.

P. GAME 4: The tripler symbol will only appear as dictated by the prize structure.

Q. GAME 4: The tripler symbol will never appear more than once.

2.3 Procedure for Claiming Prizes.

A. To claim a "$250,000 BONUS" Instant Game prize of $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$250,000 BONUS" Instant Game prize of $5,000 or $250,000, 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 "$250,000 BONUS" 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 "$250,000 BONUS" 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 "$250,000 BONUS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 3,000,000 tickets in the Instant Game No. 665. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 665 - 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. 665 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. 665, 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-200603059

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 6, 2006


Instant Game Number 669 "25 Grand"

1.0 Name and Style of Game.

A. The name of Instant Game No. 669 is "25 GRAND". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 669 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 669.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, DOLLAR BILL SYMBOL, MONEY BAG SYMBOL, $1.00, $2.00, $5.00, $10.00, $20.00, $25.00, $50.00, $250, $2,500 or $25,000.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 669 - 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: GAME NO. 669 - 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, $5.00, $10.00, $12.00 or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00 or $250.

I. High-Tier Prize - A prize of $2,500 or $25,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (669), 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: 669-0000001-001.

L. Pack - A pack of "25 GRAND" 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 "25 GRAND" Instant Game No. 669 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 "25 GRAND" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either WINNING NUMBER play symbol, the player wins the prize for that number. If a player reveals a dollar bill play symbol, the player wins that prize instantly. If a player reveals a moneybag play symbol, the player wins 10 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 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. No more than one pair of non-winning prize symbols on a ticket.

C. No duplicate non-winning Your Numbers play symbols on a ticket.

D. No duplicate Winning Numbers play symbols on a ticket.

E. The moneybag play symbol will only appear as dictated by the prize structure and only once on a ticket.

F. Each Winning Number location will be approximately evenly used as the basis for a match.

G. Non-winning prize symbols will never be the same as the winning prize symbol(s).

H. No prize amount in a non-winning spot will correspond with the Your Number play symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "25 GRAND" Instant Game prize of $2.00, $5.00, $10.00, $12.00, $20.00, $25.00, $50.00 or $250, 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 or $250 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 "25 GRAND" Instant Game prize of $2,500 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "25 GRAND" 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 "25 GRAND" 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 "25 GRAND" 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. 669. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 669 - 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. 669 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. 669, 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-200603047

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 5, 2006


Instant Game Number 680 "Luck of the Draw"

1.0 Name and Style of Game.

A. The name of Instant Game No. 680 is "LUCK OF THE DRAW". The play style is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 680 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 680.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $1.00, $2.00, $5.00, $10.00, $15.00, $25.00, $50.00, $100, $500, $5,000, $50,000, 2 DIAMOND SYMBOL, 3 DIAMOND SYMBOL, 4 DIAMOND SYMBOL, 5 DIAMOND SYMBOL, 6 DIAMOND SYMBOL, 7 DIAMOND SYMBOL, 8 DIAMOND SYMBOL, 9 DIAMOND SYMBOL, 10 DIAMOND SYMBOL, J DIAMOND SYMBOL, Q DIAMOND SYMBOL, K DIAMOND SYMBOL, A DIAMOND SYMBOL, 2 CLUB SYMBOL, 3 CLUB SYMBOL, 4 CLUB SYMBOL, 5 CLUB SYMBOL, 6 CLUB SYMBOL, 7 CLUB SYMBOL, 8 CLUB SYMBOL, 9 CLUB SYMBOL, 10 CLUB SYMBOL, J CLUB SYMBOL, Q CLUB SYMBOL, K CLUB SYMBOL, A CLUB SYMBOL, 2 HEART SYMBOL, 3 HEART SYMBOL, 4 HEART SYMBOL, 5 HEART SYMBOL, 6 HEART SYMBOL, 7 HEART SYMBOL, 8 HEART SYMBOL, 9 HEART SYMBOL, 10 HEART SYMBOL, J HEART SYMBOL, Q HEART SYMBOL, K HEART SYMBOL, A HEART SYMBOL, 2 SPADE SYMBOL, 3 SPADE SYMBOL, 4 SPADE SYMBOL, 5 SPADE SYMBOL, 6 SPADE SYMBOL, 7 SPADE SYMBOL, 8 SPADE SYMBOL, 9 SPADE SYMBOL, 10 SPADE SYMBOL, J SPADE SYMBOL, Q SPADE SYMBOL, K SPADE SYMBOL, A SPADE SYMBOL, 5X SYMBOL and 10X 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: GAME NO. 680 - 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: GAME NO. 680 - 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 (680), 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: 680-0000001-001.

L. Pack - A pack of "LUCK OF THE DRAW" 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 "LUCK OF THE DRAW" Instant Game No. 680 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 "LUCK OF THE DRAW" Instant Game is determined once the latex on the ticket is scratched off to expose 54 (fifty-four) Play Symbols. If a player matches any of YOUR CARDS to any of the DRAW CARDS, the player wins the prize for that card. If the player reveals a "5X" symbol under any of YOUR CARDS, the player wins FIVE TIMES the prize shown. If the player reveals a "10X" symbol under any of YOUR CARDS, the player wins TEN 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 54 (fifty-four) 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 54 (fifty-four) 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 54 (fifty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 54 (fifty-four) 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-five (25) times in this play area.

C. Non-winning prize symbols will not match a winning prize symbol on a ticket.

D. Non-winning prize symbols will not appear more than three times on winning tickets.

E. Non-winning tickets will not contain more than three like prize amounts.

F. No duplicate non-winning YOUR CARDS will appear on a ticket.

G. The "5X" symbol will win FIVE (5) times the prize amount shown and will win as per the prize structure.

H. The "10X" symbol will win TEN (10) times the prize amount shown and will win as per the prize structure.

I. YOUR CARDS will never equal the corresponding Prize symbol, with the exception of the face cards.

J. On both winning and non-winning tickets, a non-winning YOUR CARD will never have the same rank as any of the DRAW CARDS (e.g. a two of hearts, two of diamonds or two of clubs will never appear as a YOUR CARD if a two of spades is a DRAW CARD).

K. The "5X" and "10X" symbol will never appear as a DRAW CARD.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCK OF THE DRAW" 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 "LUCK OF THE DRAW" 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 "LUCK OF THE DRAW" 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 "LUCK OF THE DRAW" 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 "LUCK OF THE DRAW" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 680. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 680 - 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. 680 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. 680, 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-200603048

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 5, 2006


Instant Game Number 682 "Two For $1"

1.0 Name and Style of Game.

A. The name of Instant Game No. 682 is "TWO FOR $1". The play style is "row/column/diagonal".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 682 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 682.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $50.00, $100 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: GAME NO. 682 - 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: GAME NO. 682 - 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, $50.00 or $100.

I. High-Tier Prize - A prize of $1,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (682), 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: 682-0000001-001.

L. Pack - A pack of "TWO FOR $1" 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 "TWO FOR $1" Instant Game No. 682 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 "TWO FOR $1" Instant Game is determined once the latex on the ticket is scratched off to expose 12 (twelve) Play Symbols. In GAME 1 and GAME 2, if a player reveals 2 (two) matching amounts in the same ROW, the player wins that amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 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 within a book will not have identical patterns.

B. Players can win up to six (6) times on a ticket.

C. There will be no duplicate non-winning prize amounts.

D. Winning tickets will have matching prize amounts within a row, and will win as per the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "TWO FOR $1" Instant Game prize of $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $50.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "TWO FOR $1" 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 "TWO FOR $1" 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 "TWO FOR $1" 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 "TWO FOR $1" 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. 682. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 682 - 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. 682 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. 682, 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-200603022

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 2, 2006


Instant Game Number 729 "Wild 10's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 729 is "WILD 10'S". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 729 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 729.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 10X SYMBOL, $1.00, $2.00, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, 75.00, $100, $150, $300, $500, $1,000 or $110,000.

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: GAME NO. 729 - 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: GAME NO. 729 - 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 $10.00, $15.00 or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, $75.00, $100, $250 or $500.

I. High-Tier Prize - A prize of $5,000 or $110,000.

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 (729), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 729-0000001-001.

L. Pack - A pack of "WILD 10'S" Instant Game tickets contains 050 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 050 will be exposed on one side of the pack and ticket front 001 on the other side.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WILD 10'S" Instant Game No. 729 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "WILD 10'S" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of Your Numbers play symbols to any of the Wild Numbers play symbols, the player wins the Prize shown for that number. If a player reveals a "10X" play symbol, the player wins 10 times the prize shown for that number. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. No duplicate Wild Numbers play symbols on a ticket.

C. No duplicate non-winning Your Numbers play symbols on a ticket.

D. No more than four like non-winning prize symbols on a ticket.

E. The "10X" symbol will only appear as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "WILD 10'S" Instant Game prize of $10.00, $15.00, $20.00, $25.00, $50.00, $75.00, $100, $250 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, $75.00, $100, $250 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "WILD 10'S" Instant Game prize of $5,000 or $110,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "WILD 10'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General;

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "WILD 10'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "WILD 10'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 2,040,000 tickets in the Instant Game No. 729. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 729 - 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. 729 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. 729, 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-200603049

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 5, 2006


Public Utility Commission of Texas

Announcement of Application for Amendment to State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas (commission) received an application on June 2, 2006, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001- 66.016 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Application of Time Warner Entertainment-Advance/Newhouse Partnership, doing business as Time Warner Cable, to Amend its State-Issued Certificate of Franchise Authority, Project Number 32784 before the Public Utility Commission of Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 32784.

TRD-200603058

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 6, 2006


Announcement of Application for State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas received an application on June 2, 2006, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Application of Consolidated Communications Network Services, Incorporated for a State-Issued Certificate of Franchise Authority, Project Number 32779 before the Public Utility Commission of Texas.

Applicant intends to provide video service. The requested CFA service area footprint includes the exchanges of Alto, Apple Springs, Central, Conroe, Cut-N-Shoot, Diboll, Etoile, Fuller Springs, Grangerland, Hudson, Lake Conroe, Lufkin, Montgomery, Riverbrook, Walden, Wells, Beasley, Brookshire, Damon, Pecan Bend, Katy, Waddell, Needville, and Williamsburg.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 32779.

TRD-200603050

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2006


Notice of Application for Amendment to Certificated Service Area Boundary

Notice is given to the public of an application filed on May 30, 2006 with the Public Utility Commission of Texas, for an amendment to a certificated service area boundary in Nolan County, Texas.

Docket Style and Number: Application of Alenco Communications, Inc. d/b/a ACI to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundary within Nolan County. Docket Number 32764.

The Application: Alenco Communications, Inc. d/b/a ACI seeks a minor service area boundary amendment to include an uncertificated area in Nolan County. ACI volunteered and was approved by the Public Utility Commission of Texas in Docket Number 32392 to serve as the local exchange carrier providing telecommunications services for the area.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by June 23, 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 32764.

TRD-200603033

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2006


Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On June 1, 2006, OnFiber Carrier Services, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60363. Applicant intends to reflect a change in ownership/control.

The Application: Application of OnFiber Carrier Services, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 32776.

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 21, 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 32776.

TRD-200603034

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2006


Notice of Application for Designation as an Eligible Telecommunications Provider and Eligible Telecommunications Carrier Pursuant to P.U.C. Substantive Rule §26.417 and §26.418

Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 31, 2006, for designation as an eligible telecommunications provider (ETP) and eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.417 and §26.418, respectively.

Docket Title and Number: Applications of Vycera Communications, Inc. f/k/a Genesis Communications International, Inc. (Vycera Communications, Inc.) for Designation as an Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.417 and for Designation as an Eligible Telecommunications Carrier Pursuant to P.U.C. Substantive Rule §26.418. Docket Number 32767.

The Application: The company is requesting ETP/ETC designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e), the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs and ETPs for service areas set forth by the commission. Vycera Communications, Inc. seeks ETC/ETP designation in the exchanges of non-rural incumbent local exchange carriers Southwestern Bell Telephone Company d/b/a AT&T Texas and Verizon TXG and Verizon TXC as indicated in the list of wire carriers appended to the applications as Attachment A. The Company holds Service Provider Certificate of Operating Authority Number 60365.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 28, 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 32767.

TRD-200603032

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2006


Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority

On June 26, 2006, Mpower Communications Corp. 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 60311. Applicant intends to relinquish its certificate.

The Application: Application of Mpower Communications Corp. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 32755.

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 21, 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 32755.

TRD-200603029

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2006


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 25, 2006, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Network PTS, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 32754 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, long distance, and payphone lines.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by AT&T Texas and Verizon Southwest.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 21, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32754.

TRD-200603030

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2006


Notice of Application to Implement Texas Telecommunication Infrastructure Surcharge

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application by AT&T Texas filed on April 21, 2006, to implement a Texas Telecommunication Infrastructure Fund (TIF) Surcharge.

Docket Style and Number: AT&T Texas Tariff Filing to Implement PURA §57.048; Texas Telecommunication Infrastructure Fund (TIF) Reimbursement and Recovery Surcharge; Docket Number 32641.

The Application: AT&T filed an application to implement an additional TIF surcharge to recover TIF assessments paid January 1, 2005 through September 14, 2005. AT&T's request is made pursuant to Public Utility Regulatory Act (PURA) §57.048 and the Commission's Order on Certified Issues in Docket Number 32073, Applications of Valor Telecommunications of Texas and Kerrville Telephone Company to Implement PURA §57.048; Texas Telecommunication Infrastructure Fund Reimbursement Surcharge . AT&T proposes a temporary replacement of the TIF Reimbursement surcharge with the TIF Reimbursement and Recovery surcharge described in its General Exchange Tariff Section 23, Sheet 21.2, Revision 1. Under the revised tariff sheet, the amount of the surcharge will be calculated as 2.50% of taxable telecommunications charges with 1.25% being allocated to the current TIF assessment and 1.25% being allocated to recover the TIF assessments paid January 1, 2005 through September 14, 2005.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas before June 22, 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 32641.

TRD-200603087

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 7, 2006


Notice of Petition for Declaratory Judgment or, in the Alternative, for Approval of a New Time of Use Schedule

Notice is given to the public of a petition filed with the Public Utility Commission of Texas (commission) on May 9, 2006, for declaratory judgment or, in the alternative, for approval of a new time of use schedule.

Docket Style and Number: Petition of TXU Energy Retail Company LP for Declaratory Judgment or, in the Alternative, for Approval of a New Time of Use Schedule, Docket Number 32695.

The Application: TXU Energy Retail Company LP (TXU Energy) filed a petition for declaratory judgment or, in the alternative, for commission approval of a new retail time of use schedule (TOUS) to be implemented by the Electric Reliability Council of Texas (ERCOT) in the TXU Electric Delivery service territory. Specifically, TXU Energy requests that the commission issue a declaratory order that neither the commission's rules nor ERCOT's protocols require commission approval of a new TOUS prior to its implementation. TXU Energy stated that it is their understanding that neither TXU Electric nor ERCOT oppose the implementation of the proposed TOUS.

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 32695.

TRD-200603031

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 5, 2006


Office of Public Utility Counsel

Notice of Public Hearing

Annual Public Hearing for the Office of Public Utility Counsel

Pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §13.064 (Vernon 1998, Supplement 2005) (PURA), the Office of Public Utility Counsel (Office) is conducting its annual public hearing.

The public hearing will be held on the date and time, and at the location indicated below.

Tuesday, July 17, 2006, at 7:00 p.m.

Houston City Hall

Second Floor in the Council Chamber

901 Bagby

Houston, Texas 77002

All interested persons are invited to attend the public hearing and to provide input.

Contact John McElroy, P.O. Box 12397, Austin, Texas 78711-2397 or (512) 936-7500 for further information.

TRD-200602983

Suzie McClellan

Public Counsel

Office of Public Utility Counsel

Filed: May 31, 2006


Texas Residential Construction Commission

Notice of Applications for Designation as a "Texas Star Builder"

The commission adopted rules regarding the procedures for designation as a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant §416.011, Property Code (Act effective Sept. 1, 2003), which provides that the commission shall establish rules and procedures through which a builder can be designated as a "Texas Star Builder." The commission rules for application for designation can be found on the commission's website at www.trcc.state.tx.us.

10 TAC §303.300(i)(2) requires the commission to publish in the Texas Register notice of the application of each person seeking to become designated as a "Texas Star Builder" registered under this subchapter. The commission will accept public comment on each application for twenty-one (21) days after the date of publication of the notice. Information provided in response to this notice will be utilized in evaluating the applicants for approval. The Texas Star Builder designation requires that a builder or remodeler demonstrate that its education, experience and commitment to professionalism sets the builder or remodeler apart from its peers and offers some assurance to its customers that its quality of service and construction will be above average.

Pursuant to 10 TAC §303.300(i)(2) the commission hereby notices the application for designation as a "Texas Star Builder" of:

J W T C Homes, Ltd., 14215 May Jane Lane, Tomball, Texas 77377. J W T C Homes, Ltd., holds TRCC builder registration #15785. The applicant's registered agent is James Turner.

G Michael, Inc., 9330 Corporate Drive, #705, Selma, Texas 78154. G Michael, Inc., holds TRCC builder registration #1307. The applicant's registered agent is Gary Isbell.

Tapestry Custom Homes, L.L.C., 7601 South Ballantrae Drive, McKinney, Texas 75070. Tapestry Custom Homes, L.L.C., holds TRCC builder registration #3093. The applicant's registered agent is William Slease.

Longacre Construction Company, 896 North Mill Street, Suite 204, Lewisville, Texas 75057. Longacre Construction Company holds TRCC builder registration #4279. The applicant's agent is Carol Longacre.

Huffman Custom Homes & Construction, Inc., 4413 Leland Street, Marshall, Texas 75672. Huffman Custom Homes & Construction, Inc., holds TRCC builder registration #1419. The applicant's registered agent is George Huffman.

T G O Holdings, Inc., 1717 Buckingham, Roanoke, Texas 76262. T G O Holdings, Inc., holds TRCC builder registration #1533. The applicant's registered agent is Michael Garabedian.

Jeff Bryant Building, L.L.C., 3611 Soucy, Suite 5 C, Amarillo, Texas 79114. Jeff Bryant Building, L.L.C., holds TRCC builder registration #13135. The applicant's registered agent is Jeff Bryant.

Oxford Fine Homes, L.L.C., 108 Mayflower Court, Rockwall, Texas 75032. Oxford Fine Homes, L.L.C., holds TRCC builder registration #15689. The applicant's registered agent is Jonah Mandli.

Green Built Construction, Inc., dba Sierra Homes, 603 FM 2093, Suite 1202, Fredericksburg, Texas 78624. Green Built Construction, Inc., holds TRCC builder registration #2399. The applicant's registered agent is David Fransik.

Bandera Custom Homes, L.L.C., 7607 Eastmark Drive, Suite 100, College Station, Texas 77840. Bandera Custom Homes, L.L.C., holds TRCC builder registration #4364. The applicant's registered agent is Bruce Martin. Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, The Texas Residential Construction Commission, P.O. Box 13144, Austin, TX 78711-3144. Comments regarding this application will be accepted for twenty-one days following the date of publication of this notice in the Texas Register . Thereafter, the comments will not be considered as timely filed.

TRD-200603057

Susan K. Durso

General Counsel

Texas Residential Construction Commission

Filed: June 6, 2006


Texas Department of Transportation

Aviation Division - Request for Proposal for Aviation Architectural/Engineering Services

The City of Stephenville, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional architectural/engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation architectural/engineering design services described below:

Airport Sponsor: City of Stephenville, Clark Field Municipal Airport. TxDOT CSJ No.:06TBSTVLE. Scope: Provide architectural/engineering design and construction phase services for a terminal building at the Clark Field Airport, Stephenville, Texas.

The HUB goal is set at 0 %. TxDOT Project Manager is John Greer, 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 "Clark Field Municipal 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:

Nine completed, unfolded copies of Form AVN-550 must be received by TxDOT, Aviation at 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than July 10, 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 Edie Stimach.

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 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 Edie Stimach, Grant Manager, or John Greer, Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200603025

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 5, 2006


Aviation Division - Request for Proposal for Aviation Engineering Services

The City of Stephenville, 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 Stephenville, Clark Field Municipal Airport. TxDOT CSJ No.:0602STVLE. Scope: Provide engineering/design services to rehabilitate and mark Runway 14-32; rehabilitate north hangar access taxiway; rehabilitate and mark taxiway A; rehabilitate apron; rehabilitate connecting taxiways; relocate fuel farm from new terminal building site; rehabilitate south hangar access taxiway at the Clark Field Airport.

The HUB goal is set at 7%. TxDOT Project Manager is Steve Roth.

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 "Clark Field Municipal 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:

Eight 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 July 10, 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 Edie Stimach.

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 Edie Stimach, Grant Manager, or Steve Roth, Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200603024

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 5, 2006


Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, §6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

City of Littlefield, P.O. Box 1267, Littlefield, Texas 79339, received May 1, 2006, application for financial assistance in the amount of $1,910,000 from the Clean Water State Revolving Fund.

Town of Woodsboro, 121 Wood Avenue, Woodsboro, Texas 78393, received April 21, 2006, application for financial assistance in the amount of $525,000 from the Drinking Water State Revolving Fund.

City of Clarksville City, P.O. Box 1111, White Oak, Texas 75693, received April 14, 2006, application for financial assistance in the amount of $1,400,000 from the Clean Water State Revolving Fund.

Bell County Water Control and Improvement District No. 1, P.O. Box 43, Killeen, Texas 76540-0043, received May 1, 2006, application for financial assistance in the amount of $6,050,000 from the Texas Water Development Funds.

TRD-200603075

Wendall Corrigan Braniff

General Counsel

Texas Water Development Board

Filed: June 7, 2006