Intent to Award Funds: The Texas Council for Developmental Disabilities announces its intent to award funds to the University of North Texas Region VI Community Rehabilitation Program - Regional Continuing Education Program (RCEP) to provide education and outreach to individuals with disabilities concerning the Medicare Part D program.

Background: The Medicare Modernization Act of 2003 made significant changes to the Medicare program, including the addition of a prescription drug benefit known as Medicare Part D. The implementation of this program will have significant implications for those with disabilities who receive Medicare as well as Medicaid. Specifically, those who receive prescription drugs through the Medicaid program, but who are also eligible for Medicare, will be moved to the Medicare drug program on January 1, 2006. Individuals with disabilities may see changes in their medication benefit. The Texas Health and Human Service Commission is working with the Centers for Medicare and Medicaid Services to conduct education and outreach so that individuals are aware of the changes they will face in the next year.

Description of Project: This project will develop: (1) Answers to the Frequently Asked Questions; (2) Information about the various drug plans; and, (3) A list of additional existing sources of information (websites, literature, phone numbers, etc.) such as HHSC, Area Agencies on Aging, and Medicare. The information developed will be in written brochure form as well as available through a website and will be disseminated in a variety of ways.

Terms and Funding: Funding for this grant will end May 31, 2006. Estimated funding will not exceed $16,507 for this grant period.

For information regarding this announcement, please contact Patrice A. LeBlanc, Grants Management Director, (512) 437-5435 or e-mail address: patrice.leblanc@TCDD.state.tx.us.

TRD-200601544

Roger Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: March 10, 2006

Texas Education Agency

Request for Applications Concerning Communities in Schools Startup Grant Program, RFA #701-06-012

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-06-012 from eligible entities for the establishment of Communities In Schools (CIS) programs in education service center regions 9, 15, and 16. The following entities are eligible to apply for the Communities In Schools Startup Grant Program: local educational agencies, including public school districts, open-enrollment charter schools, and regional education service centers; community-based organizations; and other public or private entities, non-profit or for-profit. Examples of agencies and organizations eligible under the Communities In Schools Startup Grant Program include, but are not limited to, non-profit agencies, city or county government agencies, faith-based organizations, institutions of higher education, and for-profit corporations. The CIS program established by the startup organization must be developed as a non-profit organization under Internal Revenue Code, §501(c)(3).

Description. The purpose of the Communities In Schools Startup Grant Program is to solicit grant applications for the establishment of a CIS program in each of the three education service center regions currently not served by a CIS program. The three regions include Region 9 (Wichita Falls), Region 15 (San Angelo), and Region 16 (Amarillo). The grantee will serve as the fiscal agent, assist in the establishment of a 501(c)(3) non-profit CIS board, and provide oversight to the board in the development of a fully-operational CIS program. The grantee will be responsible for ensuring the completion of the following four specific program establishment objectives: the development of a CIS board; the development and implementation of the CIS program requirements; the delivery of services to identified school districts; and the completion of necessary paperwork to finish the service delivery. Applicants must demonstrate the capacity to carry out these objectives in the application.

Dates of Project. Applicants should plan for a starting date of no earlier than July 15, 2006, and an ending date of no later than August 31, 2007.

Project Amount. Approximately $750,000 is available for funding the three grants. The grant request may not be greater than $250,000 per grant. This project is funded 100% by Communities In Schools funds authorized by the state legislature.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant program and the extent to which the application addresses the primary objective(s) and intent of the project. Applications must address each statutory requirement as specified in the RFA and receive a basic average score of greater than 70% of the total points to be considered for funding. The TEA reserves the right to select from the highest ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

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.

Applicant's Conference. Prospective applicants will be provided an opportunity to receive general and clarifying information from TEA about the scope of the Communities In Schools Startup Grant Program on Tuesday, April 4, 2006, from 1:00 p.m. until 4:00 p.m. on the Texas Educational Telecommunication Network (TETN) available at each regional education service center. The conference will be videotaped. Pre-conference questions may be sent to vicki.logan@tea.state.tx.us prior to April 4, 2006. Each person attending will be required to sign a register setting out the representative's name and the name, address, and telephone number of the applicant organization represented. Prospective applicants who are not able to attend the Applicant's Conference may request a copy of the videotape at no charge from the TEA Division of Discretionary Grants using the contact information listed in the "Further Information" section of this notice.

Requesting the Application. A complete copy of RFA #701-06-012 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) 463-9269; 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 Vicki Logan, Division of Discretionary Grants, Texas Education Agency, (512) 475-4468. In order to ensure 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 or at the Applicant's Conference 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 TEA by 5:00 p.m. (Central Time), Thursday, May 11, 2006, to be eligible to be considered for funding.

TRD-200601641

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: March 15, 2006

State Board for Educator Certification

Correction of Error

The State Board for Educator Certification adopted amendments to 19 TAC §§250.1 - 250.3 in the March 25, 2005, issue of the Texas Register (30 TexReg 1771). When the rule adoption was published in the searchable Texas Register database and in the Texas Administrative Code , subsection (k) of §250.3 was inadvertently omitted. Section 250.3(k) should read as follows:

"(k) Standards for maintaining documentation. The executive director or a designee will maintain all documentation about the purchasing process in accordance with the board's records retention schedule."

The missing text has been restored to the Texas Administrative Code .

TRD-200601645

Texas Commission on Environmental Quality

Notice of District Petition

Notices mailed March 9, 2006 through March 15, 2006:

TCEQ Internal Control No. 12212005-D03; Prairie Oaks, LTD. (Petitioner) filed a petition for creation of Oak Point Water Control and Improvement District No. 4 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 51 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 213.355 acres located in Denton County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Oak Point, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 2005-06-4R, effective June 20, 2005, the City of Oak Point, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain and operate a waterworks and sanitary sewer system for municipal, domestic, industrial and commercial purposes; (2) acquire, construct, operate and maintain a system to gather, conduct, divert, and control local storm water or other local harmful excesses of water within the District; (3) purchase, acquire, construct, own, lease, extend, improve, operate, maintain, and repair such additional improvements, facilities, plants, equipment, and appliances consistent with the purposes for which the District is organized, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $14,030,000.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on a petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve a petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team at 1-512-239-4691. Si desea información en Español, puede llamar al 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200601642

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 15, 2006

Notice of Public Hearing on Chapters 37 and 311

The Texas Commission on Environmental Quality (TCEQ or commission) will conduct a public hearing to receive comments concerning 30 TAC Chapter 311, Watershed Protection, proposed new Subchapter H, Quarry Discharges to the John Graves Scenic Riverway, §§311.71 - 311.82; and 30 TAC Chapter 37, Financial Assurance, proposed new Subchapter W, Financial Assurance for Quarries, §§37.9160, 37.9165, 37.9170, 37.9175, 37.9180, 37.9185, 37.9190, 37.9195, 37.9200, 37.9205, 37.9210, 37.9215, 37.9220, 37.9230, 37.9235, and 37.9240 under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement Senate Bill (SB) 1354, 79th Legislature, 2005. SB 1354 amended the Texas Water Code by adding Chapter 26, Subchapter M, Water Quality Protection Areas. The proposed rulemaking under Chapter 311, Subchapter H, addresses permitting and financial responsibility for quarries located within a water quality protection area in the John Graves Scenic Riverway. The proposed rulemaking under Chapter 37, Subchapter W, establishes additional financial assurance requirements for quarries located within a water quality protection area in the John Graves Scenic Riverway.

A public hearing on this proposal will be held in Mineral Wells on April 6, 2006, at 6:30 p.m. at the Mineral Wells City Hall Annex, Council Chambers, 115 Southwest First Street. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Public Assistance at (512) 239-4000. Requests should be made as far in advance as possible.

Comments may be submitted to Joyce Spencer, MC 205, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Project Number 2005-051-037-PR. Comments must be received by 5:00 p.m., April 24, 2006. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Kimberly Wilson, Water Quality Division, (512) 239-4644.

TRD-200601538

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: March 9, 2006

Notice of Water Quality Applications

The following notices were issued during the period of March 7, 2006 through March 14, 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.

City of Beaumont and Jefferson County Drainage District No. 6, which operate the City of Beaumont Municipal Separate Storm Sewer System (MS4), have applied for a renewal of NPDES Permit No. TXS000501, which authorizes storm water point source discharges to surface water in the state from the City of Beaumont MS4. This permit will be issued as TPDES Permit No. WQ0004637000. The MS4 is located within the corporate boundary of the City of Beaumont, in Jefferson County, Texas.

City of Beeville has applied for a renewal of TPDES Permit No. WQ0010124002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The facility is located adjacent to Poesta Creek, east of U.S. Highway 181 Bypass, north of State Highway 202, south-southeast of the City of Beeville in Bee County, Texas.

City of Corpus Christi has applied for a renewal of TPDES Permit No. WQ0010401006, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,000,000 gallons per day. The application also includes a request to continue the temporary variance to the existing water quality standards for the Nueces River Tidal in Segment No. 2101. The variance is based on the proposed site specific standards that was adopted by the Commission on July 26, 2000, which became effective on August 17, 2001, and is currently awaiting approval from the U.S. Environmental Protection Agency, Region VI. The facility is located at 4101 Allison Drive in the northwest portion of the City of Corpus Christi approximately 1 mile north of Interstate Highway 37 in Nueces County, Texas.

City of Eagle Pass has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 10406-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 6,000,000 gallons per day. The proposed permit also authorizes the land application of sewage sludge for beneficial use on 146 acres. The anticipated date of the first application of sludge, subject to the issuance of the permit, is June 1, 2006. The facility is located on Farm-to-Market Road 1021 approximately five miles southeast of the intersection of Farm-to-Market Road 375 and Farm-to-Market Road 1021 in Maverick County, Texas.

City of Gladewater has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. 10433-001 to authorize an increase in the discharge of filter backwash effluent from a water treatment plant from a daily average flow not to exceed 17,000 gallons per day to a daily average flow not to exceed 490,000 gallons per day. The facility is located at 1509 East Lake Drive, 3/4 mile north of the City of Gladewater in Upshur County, Texas.

City of Gladewater has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 10433-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,400,000 gallons per day. The facility is located approximately 600 feet east of Roden Lane, approximately one mile south of the intersection of U.S. Highways 271 and 80 in Gregg County, Texas.

City of Houston has applied for a renewal of TPDES Permit No. WQ0010495076, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 21,000,000 gallons per day. The facility is located approximately 0.25 mile west of the confluence of Cole Creek and Whiteoak Bayou, and approximately 1.5 miles northeast of the intersection of U.S. Highway 290 and Antoine Drive in Harris County, Texas.

City of League City has applied for a major amendment to TPDES Permit No. WQ0010568005 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 7,500,000 gallons per day to an annual average flow not to exceed 12,000,000 gallons per day. The facility is located approximately 0.75 mile northeast of the intersection of State Highway 3 and Farm-to-Market Road 518 in Galveston County, Texas.

Edward Ned Smith, Jr. has applied for a renewal of TPDES Permit No. 11315-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 9,000 gallons per day. The facility is located adjacent to, and on the east side of State Highway 62, approximately one mile north of the intersection of State Highways 62 and 87 in Orange County, Texas.

GE Packaged Power, Inc. has applied for a renewal of TPDES Permit No. 13365-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located at 16415 Jacintoport Boulevard in Harris County, Texas.

Lazy River Improvement District has applied for a renewal of TNRCC Permit No. 11820-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The plant site is located approximately 7,500 feet southeast of the intersection of Interstate 45 and Farm-to-Market Road 1488, south of the City of Conroe in Montgomery County, Texas.

P C S Development Company has applied for a renewal of TNRCC Permit No. 11916-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day. The plant site is located approximately 1,000 feet north of Interstate Highway 10 and 1.7 miles east of the intersection of Interstate 10 and Farm-to-Market Road 1132 in Orange County, Texas.

Star Tubular Services, Inc. and Lone Star Steel Company, which operate a warehouse for the storage of oil country tubular goods, have applied for a renewal of TPDES Permit No. WQ0004059000, which authorizes the discharge of domestic wastewater and wash water at a daily average flow not to exceed 6,500 gallons per day via Outfall 001. The facility is located approximately three miles northwest of the intersection of U.S. Highway 259 and State Highway 250, approximately two and one half miles east of the City of Lone Star, Morris County, Texas.

Westlakes Utility Corporation has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014658001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The facility is located 2,000 feet west of Loop 1604 and approximately 1,000 feet south of Farm-to-Market Road 143 in Southwest Bexar County, Texas.

TRD-200601643

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 15, 2006

Proposed Enforcement 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 April 24, 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 April 24, 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: Burlington Northern and Santa Fe Railway Company; DOCKET NUMBER: 2005-1891-IHW-E; IDENTIFIER: Regulated Entity Reference Number (RN) RN104474382; LOCATION: Brenham, Washington County, Texas; TYPE OF FACILITY: railroad transport company; RULE VIOLATED: 30 TAC §327.5(c) and §350.91(c), by failing to document spill cleanup; and THSC, §361.603(b)(2) and the Code, §5.702, by failing to pay voluntary cleanup program fees; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Camp Eagle; DOCKET NUMBER: 2005-1854-PWS-E; IDENTIFIER: RN103203063; LOCATION: Rocksprings, Edwards County, Texas; TYPE OF FACILITY: recreational camp; RULE VIOLATED: 30 TAC §290.44(d), by failing to provide a minimum pressure of 35 pounds per square inch throughout the distribution system; 30 TAC §290.39(c), by failing to receive approval prior to beginning construction of a public drinking water system; 30 TAC §290.43(c)(1) - (10), by failing to meet the current American Waterworks Association design and construction standards on ground storage tanks; and 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A) and THSC, §341.033(d), by failing to collect routine bacteriological samples; PENALTY: $1,885; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Dal-Tile Corporation; DOCKET NUMBER: 2006-0013-AIR-E; IDENTIFIER: RN100542976; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: ceramic tile manufacturing; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2)(B) and (C), and 122.146(2), Federal Operating Permit Number O-02420, and THSC, §382.085(b), by failing to submit an annual compliance certification and by failing to submit the semi-annual deviation reports; PENALTY: $5,880; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(4) COMPANY: Enbridge Pipelines East Texas, L.P.; DOCKET NUMBER: 2005-1809-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 emissions limits; PENALTY: $4,880; ENFORCEMENT COORDINATOR: Amy Burgess, (512) 239-2540; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: Enbridge Pipelines East Texas, L.P.; DOCKET NUMBER: 2005-1941-AIR-E; IDENTIFIER: RN100224914; LOCATION: Lanley, Freestone County, Texas; TYPE OF FACILITY: natural gas treating; RULE VIOLATED: 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit an emissions event notification; and 30 TAC §116.115(b), Air Permit Number 31352, and THSC, §382.085(b), by failing to prevent unauthorized emissions of sulfur dioxide, nitrogen dioxide, nitrogen oxide, carbon monoxide, and natural gas; PENALTY: $2,600; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3423; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(6) COMPANY: Enchanted Harbor Utility; DOCKET NUMBER: 2005-1922-PWS-E; IDENTIFIER: RN101442556; LOCATION: El Campo, Wharton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the maximum contaminant level for total trihalomethanes; PENALTY: $318; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: FSSM Limited Partnership dba Franklin Square Section 2; DOCKET NUMBER: 2005-0212-EAQ-E; IDENTIFIER: RN102727278; LOCATION: San Marcos, Hays County, Texas; TYPE OF FACILITY: real property; RULE VIOLATED: 30 TAC §213.4(a)(1) and (k) and Edwards Aquifer Protection Plan (EAPP) Number 99052804, by failing to obtain approval of an EAPP prior to commencing construction of a sewage collection system, by failing to maintain the construction exit and allowed dirt from trucks and other vehicles to be carried off site and into the streets, and by failing to maintain a copy of EAPP Number 99052804 and its approval letter on site; and 30 TAC §213.5(c)(3)(K) and (f)(2)(B), by failing to suspend construction activities near two geologic features until approval of the geologic assessment report; PENALTY: $20,520; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(8) COMPANY: Hewlett Holdings, Limited; DOCKET NUMBER: 2005-1986-EAQ-E; IDENTIFIER: RN104498118; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: car dealership; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval for an EAPP prior to commencing construction over the recharge zone of the Edwards Aquifer; and 30 TAC §213.5(f)(1), by failing to submit written notification of intent to commence construction; PENALTY: $4,920; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(9) COMPANY: Hope Agri Products of Texas, Limited; DOCKET NUMBER: 2005-1979-AIR-E; IDENTIFIER: RN101797256; LOCATION: Powderly, Lamar County, Texas; TYPE OF FACILITY: bark grinding plant; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization to construct and/or modify an existing facility; and 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent dust and bark mulch emissions from causing a nuisance condition; PENALTY: $12,800; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5145; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(10) COMPANY: Syed N. Hyder; DOCKET NUMBER: 2005-1895-MWD-E; IDENTIFIER: RN102097789; LOCATION: College Station, Brazos County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (4), (5), and (9)(A), §317.4(d) and (g), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0011778001, and the Code, §26.039(b) and §26.121(a), by failing to properly operate the wastewater treatment system and prevent the unauthorized discharge of wastewater and by failing to provide an adequate description of an unauthorized discharge in a noncompliance notification report; PENALTY: $12,800; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(11) COMPANY: Jon-Lin Corporation; DOCKET NUMBER: 2005-1947-MLM-E; IDENTIFIER: RN102276797; LOCATION: Marlin, Falls County, Texas; TYPE OF FACILITY: industrial food packaging; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain a storm water permit; the Code, §26.121(a), by failing to prevent the discharge of a liquid substance into waters in the state; and 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent a nuisance condition; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: J. W. Turner Construction, Inc. dba James W. Turner Construction Limited; DOCKET NUMBER: 2006-0094-MSW-E; IDENTIFIER: RN104812748; LOCATION: San Patricio, San Patricio County, Texas; TYPE OF FACILITY: construction company; RULE VIOLATED: 30 TAC §330.5(c), by failing to dispose of municipal solid waste at an authorized facility; PENALTY: $600; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(13) COMPANY: Oak Tree Properties, Inc. dba Oak Tree Deli; DOCKET NUMBER: 2005-1640-PST-E; IDENTIFIER: RN101888600; LOCATION: Cuero, Dewitt County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and (d)(1)(B)(ii) and the Code, §26.3475(a) and (c)(1), by failing to provide proper release detection, by failing to have the line leak detectors tested for performance and operational reliability, and by failing to conduct reconciliation of detailed inventory records; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding underground storage tank fees; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Jason Kemp, (512) 239-5610; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(14) COMPANY: Penreco; DOCKET NUMBER: 2005-1902-AIR-E; IDENTIFIER: RN100221282; LOCATION: Dickinson, Galveston County, Texas; TYPE OF FACILITY: petroleum production; RULE VIOLATED: 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit a deviation report; 30 TAC §116.115(c), Air Permit Number 36481, and THSC, §382.085(b), by failing to repair a leaking component and by failing to have each open-ended line equipped with a cap, blind flange, plug, or a second valve; and 30 TAC §116.115(b), Air Permit Number 36481, and THSC, §382.085(b), by failing to keep records of repairs made to close open-ended lines; PENALTY: $16,600; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Sabine Cogen, L.P.; DOCKET NUMBER: 2005-1658-AIR-E; IDENTIFIER: RN100209766; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: combined-cycle cogeneration plant; RULE VIOLATED: 30 TAC §§101.20(1), 116.115(c), and 122.143(4), Air Permit Number 36889, Federal Operating Permit Number O-01843, and THSC, §382.085(b), by failing to timely submit quarterly continuous emission monitoring system reports; and 30 TAC §§122.143(4), 122.145(2)(A) and (C), and 122.146(2), and THSC, §382.085(b), by failing to submit a timely annual compliance certification and its associated deviation report; PENALTY: $8,832; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(16) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2005-1255-MWD-E; IDENTIFIER: RN102078755; LOCATION: Burleson, Johnson County, Texas; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (17), TPDES Permit Number 12952001, and the Code, §26.121(a), by failing to comply with permitted effluent limits for total suspended solids and by failing to submit the annual sludge reports; PENALTY: $3,576; ENFORCEMENT COORDINATOR: Joseph Daley, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: The Lubrizol Corporation; DOCKET NUMBER: 2005-1554-AIR-E; IDENTIFIER: RN100221589; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 19465, and THSC, §382.085(b), by failing to route waste streams which resulted in unauthorized alkyphenol emissions; and 30 TAC §122.143(4) and THSC, §382.085(b), by failing to amend Federal Operating Permit Number O-01930 to include emission point numbers covered by Air Permit Number 71546; PENALTY: $42,720; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Timberlane Estates Property Owners Association, Inc.; DOCKET NUMBER: 2005-1717-PWS-E; IDENTIFIER: RN101178531; LOCATION: Hemphill, Sabine County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.89(a)(4), by failing to have one meter for each residential, commercial, or industrial service connection; 30 TAC §290.46(q)(1), by failing to issue a boil water notice; and 30 TAC §290.41(c)(1)(A), by failing to ensure the well site is not located within 150 feet of a perforated drainfield or obtain an exemption to the rule; PENALTY: $832; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(19) COMPANY: Zoltek Corporation; DOCKET NUMBER: 2005-1983-IWD-E; IDENTIFIER: RN100543867; LOCATION: Abilene, Taylor County, Texas; TYPE OF FACILITY: carbon fiber manufacturing; RULE VIOLATED: the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of non-hazardous industrial wastewater; PENALTY: $640; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

TRD-200601604

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 14, 2006

Texas Health and Human Services Commission

Notice of Hearing on Proposed Medicaid Increase in Payment Percentage for Services Provided by Nurse Practitioners, Clinical Nurse Specialists, Certified Nurse Midwives, and Certified Registered Nurse Anesthetists

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on March 31, 2006, to receive public comment on the proposed Medicaid increase in payment percentage for services provided by nurse practitioners (NPs), clinical nurse specialists (CNSs), certified nurse midwives (CNMs), and certified registered nurse anesthetists (CRNAs). The increase in payment percentage is proposed to be retroactively effective March 1, 2006. The hearing will be held in compliance with Chapter 32 of the Human Resources Code, §32.0282, which requires public hearings on proposed Medicaid fees/rates. The public hearing will be held on March 31, 2006, at 1:30 p.m. in the Lone Star Conference Room of the Braker Center, Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Entry is through Security at the building entrance facing Metric Boulevard. Written comments regarding the proposed increase in payment percentage may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U. S. mail to the attention of Joyce Felix, HHSC Rate Analysis, MC H-400, P. O. Box 85200, Austin, Texas 78708-5200. Express mail can be sent or written comments can be hand delivered to Ms. Felix, HHSC Rate Analysis, MC H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Felix at (512) 491-1966 or via E-mail at joyce.felix@hhsc.state.tx.us. Interested parties may request to have mailed, E-mailed, or faxed to them, or may pick up a briefing packet concerning the proposed fees by contacting Joyce Felix, HHSC Rate Analysis, MC H-400, via E-mail or facsimile.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Joyce Felix, HHSC Rate Analysis, by close of business on March 29, 2006, so that appropriate arrangements are made.

TRD-200601644

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 15, 2006

Public Notice

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 06-019, Amendment Number 737, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The purpose of this amendment is to increase the personal needs allowance for long-term care facility residents from $45 to $60. The proposed amendment is effective January 1, 2006.

The proposed amendment is estimated to result in expenditures of $8,542,560 for State Fiscal Year (SFY) 2006, of which $4,279,546 is state funds and $4,263,014 is federal matching funds. For SFY 2007, the estimated expenditures are $12,801,060, of which $6,390,314 is state funds and $6,410,746 is federal matching funds.

To obtain copies of the proposed amendment, interested parties may contact Dee Church by mail at Office of Family Services, Texas Health and Human Services Commission, P. O. Box 12668, Mail Code 2090, Austin, Texas 78711-2668; by phone at (512) 206-5325; by fax at (512) 206-5211; or by e-mail at dee.church@hhsc.state.tx.us.

Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200601569

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 10, 2006

Public Notice Correction

A notice was published in the March 10, 2006, Texas Register (31 TexReg 1811) announcing the Texas Health and Human Services Commission's intent to modify the state plan to add physician assistants as providers of medical services. The current notice serves as a correction to the notice published on March 10, 2006.

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 06-013, Amendment Number 731, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The purpose of this amendment is to add program policy and reimbursement methodology for Medicaid services provided by physician assistants (PAs) in response to the 2006-07 General Appropriations Act (Article II, Health and Human Services Commission, Rider 72, S.B. 1, 79th Legislature, Regular Session, 2005). The proposed amendment is effective July 1, 2006.

The proposed amendment is estimated to have no fiscal impact on state or federal funding.

To obtain copies of the proposed amendment, interested parties may contact Barbara Davenport, Policy Assistant, by mail at Policy Development Support, Medicaid/CHIP Division, Texas Health and Human Services Commission, P. O. Box 85200, H-600, Austin, Texas 78708-5200; by telephone at (512) 491-1104; by facsimile at (512) 491-1953; or by e-mail at Barbara.Davenport@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200601568

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 10, 2006

Texas Department of Housing and Community Affairs

Announcement of the 2006 Public Hearing Schedule for Comment on the 2006 Multifamily Applications

The mission of the Texas Department of Housing and Community Affairs (Department) is to help Texans achieve a higher quality of life by building better communities. Through our rental production programs, the Department encourages the new construction or rehabilitation of high-quality multifamily housing, primarily through private developers. These developments benefit Texans by providing qualified families with safe, affordable, quality housing.

The following 13 public hearings are provided to gather public comment on the 2006 Multifamily Applications. The schedule of these meetings is provided below:

San Antonio, Region 9

Monday, April 3, 2006

12:00 p.m.

City Council Chambers

114 W. Commerce

San Antonio, TX 78205

(210) 207-8109

www.sanantonio.gov

Austin, Region 7

Monday, April 3, 2006

6:00 p.m.

William B. Travis Building, Room 1-111

Tuesday, April 4, 2006

11:00 a.m.

Heart of Texas Council of Governments Board Room

San Angelo, Region 12

Tuesday, April 4, 2006

12:00 p.m.

City Council Chambers

72 West College Avenue

San Angelo, TX 76902

(325) 657-4241

www.sanangelotexas.us

Lubbock, Region 1

Wednesday, April 5, 2006

3:00 p.m.

Mahon Public Library, 2nd Floor

1306 9th Street

Lubbock, TX 79401

(806) 775-2826

www.library.ci.lubbock.tx.us

Dallas, Region 3

Wednesday, April 5, 2006

7:00 p.m.

Dallas Public Library Auditorium

1515 Young Street

Dallas, TX 75201

(214) 670-1400

www.dallaspubliclibrary.org

Wichita Falls, Region 2

Thursday, April 6, 2006

10:00 a.m.

Nortex Regional Planning Commission

4309 Jacksboro Hwy., Ste. 200

Wichita Falls, TX 76302

(940) 322-5281

www.nortexrpc.org

Corpus Christi, Region 10

Friday, April 7, 2006

10:00 a.m.

Council Chambers, Committee Room

City Hall, 1201 Leopard

Corpus Christi, TX 78401

(361) 826-3105

www.cctexas.com

Harlingen, Region 11

Friday, April 7, 2006

3:00 p.m.

Harlingen Public Library Auditorium

Monday, April 10, 2006

6:00 p.m.

City Hall Annex Chambers

900 Bagby, Public Level

Wednesday, April 12, 2006

9:00 a.m.

City Council Chambers

300 East Shepherd (Entrance on 3rd Street)

Wednesday, April 12, 2006

2:00 p.m.

Longview Public Library, Moeschelle Room

222 West Cotton Street

Longview, TX 75601

(903) 237-1341

www.longviewlibrary.com

El Paso, Region 13

Wednesday, April 12, 2006

6:00 p.m.

El Paso County Courthouse

The Commissioners Court Room, 3rd Floor

A detailed log of all 2006 Applications will be posted to the Department’s website at the following link: http://www.tdhca.state.tx.us.

Written comments are also encouraged. Such comments should be addressed to:

Multifamily Finance Division

Texas Department of Housing and Community Affairs

Post Office Box 13941

Austin, Texas 78711-3941

For additional information, you may contact the Multifamily Division at (512) 475-3440 or visit the program's web site at www.tdhca.state.tx.us.

Individuals who require a language interpreter for the hearing should contact Jorge Reyes at (512 )475-4577 at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados. Individuals who require auxiliary aids or services for these meetings should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200601653

William Dally

Interim Executive Director

Texas Department of Housing and Community Affairs

Filed: March 15, 2006

Revised Public Comment Period and Hearing Schedule for U.S. Department of Housing and Urban Development (HUD) Consolidated Planning Documents Required to Provide Hurricane Disaster Relief Assistance for the State of Texas

The Texas Department of Housing and Community Affairs (TDHCA) and the Office of Rural Community Affairs (ORCA) announce public comment periods and a combined hearing schedule to gather input on the following HUD required plans. This notice includes revisions to the previous Texas Register notice dated March 10, 2006. The revisions are (1) the change of the public comment period for the Texas Action Plan for Disaster Recovery from March 10 through March 27, 2006, to March 14 through March 30, 2006 and (2) the addition of a public hearing in Houston. This information is included below.

The public comment period pertains to the following plans:

Amendments to the 2005-2009 State of Texas Consolidated Plan and 2006 Consolidated Plan One Year Action Plan to Provide Hurricane Disaster Relief Assistance. These amendments are required to more fully utilize HOME funding for disaster relief assistance. The public comment period for this document runs March 10, 2006, through April 10, 2006.

Development of a Texas Action Plan for Disaster Recovery. This plan is required to utilize HUD Community Development Block Grant funding associated with the Department of Defense Appropriations Act, 2006 (Public Law 109-148, approved December 30, 2005). The public comment period for this document runs March 14, 2006 through March 30, 2006. Note that this document has a shorter public comment period as allowed by a HUD waiver.

As of March 14, 2006, both of these documents are available for review on the following websites: www.tdhca.state.tx.us and www.orca.state.tx.us. Printed copies of the documents will be available upon request by calling (512) 475-3976.

Public hearings will be held at the following times and locations:

Nacogdoches

Nacogdoches Recreation Center

1112 North Street, Room 2

Nacogdoches, TX 75961

March 20, 2006, 6:00 p.m.

Beaumont

South East Texas Regional Planning Commission

2210 Eastex Freeway

Beaumont, TX 77703

March 21, 2006, 10:00 a.m.

Livingston

Livingston Municipal Complex

200 W. Church Street

Livingston, TX 77351

March 22, 2006, 10:00 a.m.

Austin

Stephen F. Austin Building

1700 N. Congress Avenue, Room 170

Austin, TX 78701

March 22, 2006, 6:00 p.m.

Houston

Harris County Jury Assembly Room

1019 Congress, 1st Floor

Houston, TX 77002

March 28, 2006, 6:00 p.m.

Public comment will be accepted directly at the public hearings, by mail, or via e-mail to the addresses below.

For comment on housing related activities:

TDHCA

Division of Policy and Public Affairs

P. O. Box 13941

Austin, TX 78711-3941

Fax: (512) 469-9606

E-mail: info@tdhca.state.tx.us

For comment on community development related activities:

ORCA

Attention: Oralia Cardenas

P. O. Box 12877

Austin, TX 78711

Fax: (512) 963-6776

E-mail: ocardenas@orca.state.tx.us

For more information on the hearings, contact TDHCA at (512) 475-3976.

Individuals who require a language interpreter for the hearing should contact Jorge Reyes at least three days prior to the hearing date. Personas que hablan espanol y requieren un interprete, favor de llamar a Jorge Reyes al siguiente numero (512) 475-4577 por lo menos tres dias antes de la junta para hacer los preparativos apropiados. Individuals who require auxiliary aids or services should contact Gina Esteves, ADA-Responsible Employee, at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days prior to the scheduled hearing so that appropriate arrangements can be made.

TRD-200601654

William Dally

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 15, 2006

Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by AMERIPRISE INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in De Pere, Wisconsin.

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-200601648

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: March 15, 2006

Texas Lottery Commission

Instant Game Number 653 "Bonus Blackjack"

1.0 Name and Style of Game.

A. The name of Instant Game No. 653 is "BONUS BLACKJACK". The play style is "beat score with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 653 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 653.

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.

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

Figure 1: 16 TAC GAME NO. 653- 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: 16 TAC GAME NO. 653 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

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

G. Low-Tier Prize - A prize of $2.00, $5.00, $8.00, $10.00, or $20.00.

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

I. High-Tier Prize - A prize of $1,000 or $25,000.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (653), 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: 653-0000001-001.

L. Pack - A pack of "BONUS BLACKJACK" 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 "BONUS BLACKJACK" Instant Game No. 653 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 BLACKJACK" Instant Game is determined once the latex on the ticket is scratched off to expose 33 (thirty-three) Play Symbols. If a player’s total in any Hand beats the Dealer’s Hand total, the player wins prize shown for that hand. If any Hand totals 21, the player wins 5 times the prize shown for that hand. If the Dealer busts (Dealer’s Hand totals more than 21), the player wins all 10 prizes automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 33 (thirty-three) 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 33 (thirty-three) 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 33 (thirty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 33 (thirty-three) 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 hands in the same order on a ticket.

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

D. Hand 1 through Hand 10 totals will equal 21 only as designated by the 5X levels on the prize structure.

E. The Dealer's Hand will never total 21.

F. The Dealer's Hand will total more than 21 only as designated by the BUST levels on the prize structure.

G. Non-winning prize symbols will not match a winning prize symbol.

H. There will be no ties between the Dealer's Hand total and any Hand total.

I. No hand will contain two aces.

2.3 Procedure for Claiming Prizes.

A. To claim a "BONUS BLACKJACK" Instant Game prize of $2.00, $5.00, $8.00, $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 "BONUS BLACKJACK" Instant Game prize of $1,000 or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "BONUS BLACKJACK" 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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Office of 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 "BONUS BLACKJACK" 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 BLACKJACK" 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, §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. 653. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 653 - 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. 653 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. 653, 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-200601599

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 14, 2006

Instant Game Number 655 "Payday"

1.0 Name and Style of Game.

A. The name of Instant Game No. 655 is "PAYDAY". The play style is "key number match with win all".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 655 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 655.

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.

Figure 1: 16 TAC GAME NO. 655 - 1.2D

Figure 2: 16 TAC GAME NO. 655 - 1.2E

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 $300.

I. High-Tier Prize - A prize of $3,000 or $30,000.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (655), 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: 655-0000001-001.

L. Pack - A pack of "PAYDAY" 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.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "PAYDAY" Instant Game No. 655 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 "PAYDAY" 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 to either of the PAYDAY NUMBERS, the player wins the prize shown for that number. If the player reveals a MONEY BAG 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;

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.

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 Payday Numbers play symbols on a ticket.

E. The money bag symbol will only appear as dictated be the prize structure and only once on a ticket.

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

G. 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 "PAYDAY" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "PAYDAY" Instant Game prize of $3,000 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 "PAYDAY" 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.