Ark-Tex Council of Governments
Request for Proposals for Provision of Regional Law Enforcement Training
The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for
the provision of regional law enforcement training through a grant provided
by the Texas Governor's Office, Criminal Justice Division.
The types of training to be provided include: Basic Law Enforcement Officer,
Basic Jailer Certification, Basic Tele-Communicators, and Advanced Law Enforcement
Training. The period of performance is September 1, 2006 through August 31,
2007.
The service delivery area includes the following counties in Texas: Bowie,
Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus.
Potential respondents may obtain a copy of the request for proposal, scoring
guidelines, and project scoring criteria by contacting Brenda Stone, Ark-Tex
Council of Governments, P. O. Box 5307, Texarkana, Texas 75505-5307, or call
(903) 832-8636. The deadline for proposal submission is June 23, 2006, at
5:00 p.m. The Ark-Tex Council of Governments Regional Criminal Justice Advisory
Committee will score multiple proposals received. Respondents will be notified
in writing of the date, time, and place of the meeting at which the proposals
will be scored.
TRD-200602450
L. D. Williamson
Executive Director
Ark-Tex Council of Governments
Filed: May 3, 2006
Notice of Settlement of a Texas Clean Air Act Enforcement Action
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Water and
Health & Safety Codes. Before the State may settle a judicial enforcement
action, pursuant to the Texas Water Code, the State shall permit the public
to comment in writing on the proposed judgment. The Attorney General will
consider any written comments and may withdraw or withhold consent to the
proposed agreed judgment if the comments disclose facts or considerations
that indicate that the consent is inappropriate, improper, inadequate, or
inconsistent with the requirements of the Acts.
Case Title and Court: Settlement Agreement in
type-name="italic">Harris County, Texas and the State of Texas v. Texas Petrochemicals,
L.P.
, Cause No. 2006-05464, in the 269th Judicial District Court of
Harris County, Texas.
Background: The State, on behalf of the Texas Commission on Environmental
Quality (TCEQ or Commission), joined in this suit with Harris County to enforce
against a violation of the Texas Clean Air Act at a natural gas odorizing
facility in Houston, Texas. The defendant is Texas Petrochemicals, L.P. The
violations arise from an emission of air contaminants at the facility that
caused nuisance conditions.
Nature of Settlement: The proposed settlement with Texas Petrochemicals,
L.P. orders a payment of $18,000.00 to the Harris County Public Health Ozone
Monitoring Network, a supplemental environmental project; $1,750.00 in attorney's
fees, $750 to the State of Texas and $1,000 to Harris County; and court costs.
For a complete description of the proposed settlement, the Agreed Final
Judgment should be reviewed. Requests for copies of the judgment, and written
comments on the proposed settlement should be directed to Sarah Jane Utley,
Assistant Attorney General, Office of the Texas Attorney General, P.O. Box
12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911.
Written comments must be received within 30 days of publication of this notice
to be considered.
For information regarding this publication, contact
Lauri Saathoff, Agency Liaison, at (512)463-2096.
TRD-200602423
Stacey Schiff
Deputy Attorney General
Office of the Attorney General
Filed: May 1, 2006
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were deemed administratively
complete for the following project(s) during the period of April 21, 2006,
through April 27, 2006. As required by federal law, the public is given an
opportunity to comment on the consistency of proposed activities in the coastal
zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
The notice was published on the web site on May 3, 2006. The public comment
period for these projects will close at 5:00 p.m. on June 2, 2006.
FEDERAL AGENCY ACTIONS:
Applicant: Davis Petroleum Corporation
; Location:
The project is located in State Tract 114, Galveston Bay, approximately 9.5
miles northeast of the FM 518 and State Highway 146 intersection in Chambers
County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Bacliff, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting:
317948; Northing: 3276215. Project Description: The applicant proposes to
drill an oil and gas well, install and maintain a well platform, production
platform, and lay flowlines from the well to the production platform. Approximately
2,667 cubic yards of crushed rock or gravel may be installed within 0.55 acres
of open water under the drill rig if necessary. No sales pipeline is proposed
at this time. CCC Project No.: 06-0259-F1; Type of Application: U.S.A.C.E.
permit application #24056 is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean
Water Act (33 U.S.C.A. §1344). Note: The consistency review for this
project may be conducted by the Texas Railroad Commission under §401
of the Clean Water Act.
Applicant: Davis Petroleum Corporation
; Location:
The project is located in State Tract 204, Galveston Bay, approximately 8.5
miles east-northeast of the FM 518 and State Highway 146 intersection, in
Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled: Bacliff, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 15; Easting: 317525; Northing: 3272466. Project Description: The applicant
proposes to drill an oil and gas well, install and maintain a well platform,
production platform, and lay flowlines from the well to the production platform.
Approximately 2,667 cubic yards of crushed rock or gravel may be installed
within 0.55 acres of open water under the drill rig if necessary. No sales
pipeline is proposed at this time. CCC Project No.: 06-0260-F1; Type of Application:
U.S.A.C.E. permit application #24057 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of
the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review
for this project may be conducted by the Texas Railroad Commission under §401
of the Clean Water Act.
Applicant: F-W Oil Exploration LLC
; Location:
The project is located in the OCS Federal Waters, Gulf of Mexico, in North
Padre Island Blocks 996, 997, 989, 976, 977, 968, and 967, offshore, Texas.
The proposed pipeline would cross the Brazos Santiago Pass Safety Fairway
in North Padre Island Blocks 996, 997, and 989 where the pipeline would be
buried a minimum of 10 feet deep. Using State Plane Coordinates, Texas South
Zone, NAD 27: Pipeline enters fairway: X=2,507,958.24; Y=390,533.30 in Block
996 Pipeline exits fairway: X=2,495,923.45; Y=407,682.72 in Block 989. Project
Description: The applicant requests authorization to install, maintain and
operate a 12.75-inch natural gas and condensate right-of-way pipeline (approximately
13.14 miles) from North Padre Island Block 996, subsea tie-in point to a subsea
tie-in point with Transco's existing 10-inch pipeline; a portion of which
intersects the Brazos Santiago Pass Safety Fairway in North Padre Island Blocks
996, 997, and 989. The proposed pipeline route would run parallel to an existing
pipeline (Department of the Army Permit 19409). The project site is located
in the Gulf of Mexico in Blocks 996, 989, 976, 977, and 968, offshore, Texas.
CCC Project No.: 06-0263-F1; Type of Application: U.S.A.C.E. permit application
#24125 is being evaluated under §10 of the Rivers and Harbors Act of
1899 (33 U.S.C.A. §403).
Applicant: Hall-Houston Exploration LP
; Location:
The project is located approximately 5.67 miles from the Texas coastline in
Galveston Area (GA), Freeport Anchorage Area, State Tract (ST) 278L in the
Gulf of Mexico, Brazoria County, Texas. The project can be located in State
Plane XY Coordinates, NAD 27, Texas South Central (feet) at X=3,213,015.81;
Y= 408,640.00. Project Description: The applicant proposes to directionally
drill 1-3 wells from a surface location in GA, Block 278-L which is located
in the Freeport Anchorage Area. The purpose of the project is to produce natural
gas and/or condensate from an offset lease (MF106182). A typical jack-up rig
would be utilized and if producible a 4-pile production platform would be
installed. CCC Project No.: 06-0264-F1; Type of Application: U.S.A.C.E. permit
application #24166 is being evaluated under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. §403).
Applicant: MCX Gulf of Mexico
; Location:
The project is located in the Gulf of Mexico, OCS Federal Waters, in Mustang
Island Area (MU) Blocks 726, 742, and 754, located within the Aransas Pass
Anchorage Area and the Aransas Pass Safety Fairway. The project can be located
using the following State Plane XY Coordinates in NAD 27, Texas South Zone
in U.S. Survey Feet: Proposed Pipeline begins at Well No.1 (DA Permit 23410)
at X=2,555,773.24'; Y=782,632.28' Enters Safety Fairway at X=2,556,410.91';
Y=779,256.62' Exits Safety Fairway at X=2,558,851.16'; Y=766,338.66' Ties-into
CBL Capital Corporation's 12-inch pipeline at X=2,559,897.99'; Y=760,797.03'.
Project Description: The applicant proposes to install, maintain and operate
a 6-inch oil pipeline to transport production from MCX Gulf of Mexico, LLC's
Mustang Island Block 726A platform to a subsea tie-in point on CBL Capital
Corporation's 12-inch pipeline (Segment No. 9026). The water depth of the
route varies from 70-feet to 84-feet. The pipeline would be buried a minimum
of 10 feet deep in the fairway and a minimum depth of 16.5 feet deep in the
anchorage. CCC Project No.: 06-0265-F1; Type of Application: U.S.A.C.E. permit
application #24176 is being evaluated under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. §403).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from
Ms. Tammy Brooks, Program Specialist, 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-200602437
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
Coastal Coordination Council
Filed: May 2, 2006
Certification of the Average Taxable Price of Gas and Oil
The Comptroller of Public Accounts, administering agency for the collection
of the Crude Oil Production Tax, has determined that the average taxable price
of crude oil for reporting period April 2006, as required by Tax Code, §202.058,
is $58.42 per barrel for the three-month period beginning on January 1, 2006,
and ending March 31, 2006. Therefore, pursuant to Tax Code, §202.058,
crude oil produced during the month of April 2006, from a qualified Low-Producing
Oil Lease, is not eligible for exemption from the crude oil production tax
imposed by Tax Code, Chapter 202.
The Comptroller of Public Accounts, administering agency for the collection
of the Natural Gas Production Tax, has determined that the average taxable
price of gas for reporting period April 2006, as required by Tax Code, §201.059,
is $6.78 per mcf for the three-month period beginning on January 1, 2006,
and ending March 31, 2006. Therefore, pursuant to Tax Code, §201.059,
gas produced during the month of April 2006, from a qualified Low-Producing
Well, is not eligible for exemption from the natural gas production tax imposed
by Tax Code, Chapter 201.
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division,
P. O Box 13528, Austin, Texas 78711-3528.
TRD-200602371
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Filed: April 28, 2006
Pursuant to Chapters 403, 2156, and 2305, Texas Government Code, the Comptroller
of Public Accounts (Comptroller) State Energy Conservation Office (SECO) announces
the award for energy education outreach services for the Schools and Local
Government Program. The Notice of Request for Proposals was published in the
February 3, 2006, issue of
Texas Register
(31
TexReg 733) (RFP 175g).
The contract was awarded to the University of Texas at El Paso, 500 W.
University, El Paso, Texas 79968. The total amount of this contract is not
to exceed $145,026.00. The term of the contract is April 24, 2006 to August
31, 2006.
TRD-200602369
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: April 27, 2006
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 05/08/06 - 05/14/06 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 05/08/06 - 05/14/06 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-200602426
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 2, 2006
Request for Personal Financial Literacy Materials - High School Level for the 2006 - 2007 School Year
Description. The Texas Education Agency (TEA) is notifying organizations
of a second opportunity to submit for review personal financial literacy materials
for use in high school economics courses. The original notice was published
in the
Texas Register
on March 3, 2006 (31
TexReg 1499). Organizations who submitted materials under the March 2006 notice
do not need to resubmit. Approved materials will be added to the
List of Approved Personal Financial Literacy Materials
for use by schools
beginning with the 2006 - 2007 school year. Texas Education Code (TEC), §28.002,
authorizes the State Board of Education to approve materials for use in courses
meeting a requirement for an economics credit under TEC, §28.025.
Program Requirements. Materials submitted for review may include any of
the following areas of instruction: understanding interest; avoiding and eliminating
credit card debt; understanding the rights and responsibilities of renting
or buying a home; managing money to make the transition from renting a home
to home ownership; starting a small business; being a prudent investor in
the stock market and using other investment options; beginning a savings program
and planning for retirement; bankruptcy; the types of bank accounts available
to consumers and the benefits of maintaining a bank account; balancing a checkbook;
the types of loans available to consumers and becoming a low-risk borrower;
understanding insurance; and/or charitable giving.
Selection Criteria. Organizations will be responsible for submitting materials
that they wish to be reviewed for consideration for inclusion on the
Materials must be submitted to Michelle Ungurait, Director, Social Studies,
Texas Education Agency, Room 3-121, 1701 North Congress Avenue, Austin, Texas
78701 by 5:00 p.m. (Central Time), Monday, June 12, 2006, to be considered
for inclusion on the
List of Approved Personal Financial
Literacy Materials
.
TRD-200602452
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: May 3, 2006
Enforcement Orders
An agreed order was entered regarding W. Silver, Inc., Docket No. 2004-0031-AIR-E
on April 18, 2006 assessing $4,560 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Deborah Bynum, Staff Attorney at (512) 239-1976, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bill Wilson dba Wilson's Sand Pit,
Docket No. 2004-0960-AIR-E on April 18, 2006 assessing $55,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Alfred Okpohworho, Staff Attorney at (713) 422-8918, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Metro Brick Company dba Metro Brick
and Stone, Docket No. 2004-1063-WQ-E on April 18, 2006 assessing $6,000 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sarn Management, Inc. dba Toor Food
Mart, Docket No. 2004-1328-PST-E on April 18, 2006 assessing $1,975 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Ernest Muntz dba Two Pines Mobile
Home Park and Mary Muntz dba Two Pines Mobile Home Park, Docket No. 2004-1470-PWS-E
on April 18, 2006 assessing $10,413 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Mohammad Arif dba Super Stop 4, Docket
No. 2005-0078-PST-E on April 18, 2006 assessing $2,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Derek Wasson dba Corner Mart Grocery &
Station, Docket No. 2005-0085-PST-E on April 18, 2006 assessing $3,150 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Brady, Docket No. 2005-0099-MSW-E
on April 18, 2006 assessing $12,947 in administrative penalties with $2,589
deferred.
Information concerning any aspect of this order may be obtained by contacting
J. Mac Vilas, Enforcement Coordinator at (512) 239-2557, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Noorie Traders, Inc. dba Humble Food
Store, Docket No. 2005-0307-PST-E on April 18, 2006 assessing $1,600 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Tashi Enterprise, Inc. dba Star Jet
Truck Stop, Docket No. 2005-0334-PST-E on April 18, 2006 assessing $4,280
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Jose Luis Munoz, Docket No. 2005-0420-LII-E
on April 18, 2006 assessing $263 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rachael Gaines, Staff Attorney at (512) 239-1877, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Cayuga Independent School District
Public Facility Corporation, Docket No. 2005-0535-MWD-E on April 18, 2006
assessing $10,250 in administrative penalties with $2,050 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of San Angelo, Docket No. 2005-0653-MSW-E
on April 18, 2006 assessing $16,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Jimmie C. Chambers, Docket No. 2005-0715-MSW-E
on April 18, 2006 assessing $5,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wal-Mart Stores, Inc., Docket No.
2005-0775-IWD-E on April 18, 2006 assessing $18,760 in administrative penalties
with $3,752 deferred.
Information concerning any aspect of this order may be obtained by contacting
Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Crandall, Docket No. 2005-0837-MWD-E
on April 18, 2006 assessing $2,982 in administrative penalties with $596 deferred.
Information concerning any aspect of this order may be obtained by contacting
Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Murphy Oil USA, Inc. dba Murphy USA
7126, Docket No. 2005-0892-PST-E on April 18, 2006 assessing $12,150 in administrative
penalties with $2,430 deferred.
Information concerning any aspect of this order may be obtained by contacting
Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Exxon Mobil Corporation, Docket No.
2005-0993-AIR-E on April 18, 2006 assessing $28,900 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sunray Mini Mart #2, Inc. dba Otal
All Seasons Food Store, Docket No. 2005-1048-PST-E on April 18, 2006 assessing
$5,600 in administrative penalties with $1,120 deferred.
Information concerning any aspect of this order may be obtained by contacting
Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Veterans of Foreign Wars of the United
States Post 8953, Docket No. 2005-1058-PWS-E on April 18, 2006 assessing $1,100
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Rebecca Davis, Staff Attorney at (512) 239-5487, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hudspeth County Water Control and
Improvement District No. 1, Docket No. 2005-1097-MWD-E on April 18, 2006 assessing
$10,080 in administrative penalties with $2,016 deferred.
Information concerning any aspect of this order may be obtained by contacting
Howard Willoughby, Enforcement Coordinator at (361) 825-3140, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding William K. Ingram, Docket No. 2005-1143-OSI-E
on April 18, 2006 assessing $188 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Becky Combs, Staff Attorney at (512) 239-6939, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Breckenridge, Docket No.
2005-1171-PWS-E on April 18, 2006 assessing $665 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael Limos, Enforcement Coordinator at (512) 239-5839, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sid Richardson Pipeline, Ltd., Docket
No. 2005-1304-AIR-E on April 18, 2006 assessing $6,222 in administrative penalties
with $1,244 deferred.
Information concerning any aspect of this order may be obtained by contacting
Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Invista S.A.R.L., Docket No. 2005-1309-AIR-E
on April 18, 2006 assessing $2,340 in administrative penalties with $468 deferred.
Information concerning any aspect of this order may be obtained by contacting
Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Dallas Oil Service, Inc., Docket
No. 2005-1312-MSW-E on April 18, 2006 assessing $525 in administrative penalties
with $105 deferred.
Information concerning any aspect of this order may be obtained by contacting
Jaime Garza, Enforcement Coordinator at (956) 430-6030, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Precision Painting Inc., Docket No.
2005-1332-AIR-E on April 18, 2006 assessing $2,000 in administrative penalties
with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding A&F Brothers, Inc. dba Super
Stop 19, Docket No. 2005-1379-PST-E on April 18, 2006 assessing $14,520 in
administrative penalties with $2,904 deferred.
Information concerning any aspect of this order may be obtained by contacting
Ruben Soto, Enforcement Coordinator at (512) 239-4571, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Hernan F. Maya, Docket No. 2005-1387-LII-E
on April 18, 2006 assessing $625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Shana Horton, Staff Attorney at (512) 239-1088, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Rubina, Incorporated, Docket No.
2005-1389-PST-E on April 18, 2006 assessing $3,150 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Shawn Slack, Staff Attorney at (512) 239-1877, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jim Wells County, Docket No. 2005-1398-MLM-E
on April 18, 2006 assessing $1,800 in administrative penalties with $360 deferred.
Information concerning any aspect of this order may be obtained by contacting
Howard Willoughby, Enforcement Coordinator at (361) 825-3140, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sherwin Alumina, L.P., Docket No.
2005-1446-AIR-E on April 18, 2006 assessing $4,425 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Wichita Falls, Docket No.
2005-1507-PWS-E on April 18, 2006 assessing $10,296 in administrative penalties
with $2,059 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sherronda Martin, Enforcement Coordinator at (713) 767-3680, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wallace Allen Raynor dba Sun Acres
Mobile Home Park, Docket No. 2005-1530-PWS-E on April 18, 2006 assessing $318
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Howard Willoughby, Enforcement Coordinator at (361) 825-3140, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Southwest Energy Distributors, Inc.,
Docket No. 2005-1555-IWD-E on April 18, 2006 assessing $4,800 in administrative
penalties with $960 deferred.
Information concerning any aspect of this order may be obtained by contacting
Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bill Briscoe Enterprises, Inc., Docket
No. 2005-1611-MSW-E on April 18, 2006 assessing $3,060 in administrative penalties
with $612 deferred.
Information concerning any aspect of this order may be obtained by contacting
Joseph Daley, Enforcement Coordinator at (817) 588-5928, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sparenberg Gin, Inc., Docket No.
2005-1616-MLM-E on April 18, 2006 assessing $2,000 in administrative penalties
with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Pearsall, Docket No. 2005-1633-MLM-E
on April 18, 2006 assessing $2,000 in administrative penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting
Michael Limos, Enforcement Coordinator at (512) 239-5839, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chevron Phillips Chemical Company
LP, Docket No. 2005-1638-AIR-E on April 18, 2006 assessing $24,786 in administrative
penalties with $4,957 deferred.
Information concerning any aspect of this order may be obtained by contacting
Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Round Rock, Docket No. 2005-1655-EAQ-E
on April 18, 2006 assessing $1,500 in administrative penalties with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
Colin Barth, Enforcement Coordinator at (512) 239-2545, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Peggy Tiemann dba Phillipsburg Mobile
Home Park, Docket No. 2005-1693-PWS-E on April 18, 2006 assessing $2,650 in
administrative penalties with $530 deferred.
Information concerning any aspect of this order may be obtained by contacting
Amanda King-Zrubek, Enforcement Coordinator at (512) 239-0824, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rolling Creek Utility District, Docket
No. 2005-1710-MWD-E on April 18, 2006 assessing $2,040 in administrative penalties
with $408 deferred.
Information concerning any aspect of this order may be obtained by contacting
Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Champion Technologies, Inc. dba Champion
Technologies Fresno, Docket No. 2005-1727-IHW-E on April 18, 2006 assessing
$50,740 in administrative penalties with $10,148 deferred.
Information concerning any aspect of this order may be obtained by contacting
Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rohm and Haas Company, Docket No.
2005-1745-AIR-E on April 18, 2006 assessing $3,750 in administrative penalties
with $750 deferred.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gregory Power Partners, L.P., Docket
No. 2005-1746-AIR-E on April 18, 2006 assessing $2,700 in administrative penalties
with $540 deferred.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding James Carr dba A K Convenience Store,
Docket No. 2005-1772-PST-E on April 18, 2006 assessing $9,500 in administrative
penalties with $1,900 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bigford, Inc. dba Fiesta Marina,
Docket No. 2005-1778-PWS-E on April 18, 2006 assessing $3,800 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Amanda King-Zrubek, Enforcement Coordinator at (512) 239-0824, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Lytle, Docket No. 2005-1800-MWD-E
on April 18, 2006 assessing $9,480 in administrative penalties with $1,896
deferred.
Information concerning any aspect of this order may be obtained by contacting
Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chevron Phillips Chemical Company
LP, Docket No. 2005-1808-AIR-E on April 18, 2006 assessing $6,630 in administrative
penalties with $1,326 deferred.
Information concerning any aspect of this order may be obtained by contacting
Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ExxonMobil Corporation dba ExxonMobil
Chemical Company, Docket No. 2005-1811-MLM-E on April 18, 2006 assessing $32,600
in administrative penalties with $6,520 deferred.
Information concerning any aspect of this order may be obtained by contacting
J. Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wend-XX, Inc. dba Exxon Superstation,
Docket No. 2005-1813-PST-E on April 18, 2006 assessing $3,600 in administrative
penalties with $720 deferred.
Information concerning any aspect of this order may be obtained by contacting
Shontay Wilcher, Enforcement Coordinator at (512)239-2136, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Melvin Jerry Threadgill dba M&T
Natural Stone, Docket No. 2005-1814-WQ-E on April 18, 2006 assessing $3,300
in administrative penalties with $660 deferred.
Information concerning any aspect of this order may be obtained by contacting
Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Plains Pipeline, L.P., Docket No.
2005-1822-AIR-E on April 18, 2006 assessing $2,500 in administrative penalties
with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Border Steel, Inc., Docket No. 2005-1828-AIR-E
on April 18, 2006 assessing $5,500 in administrative penalties with $1,100
deferred.
Information concerning any aspect of this order may be obtained by contacting
Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Grant H. Gilson, Docket No. 2005-1838-OSI-E
on April 18, 2006 assessing $203 in administrative penalties with $41 deferred.
Information concerning any aspect of this order may be obtained by contacting
Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Equistar Chemicals, LP, Docket No.
2005-1843-IHW-E on April 18, 2006 assessing $8,100 in administrative penalties
with $1,620 deferred.
Information concerning any aspect of this order may be obtained by contacting
Joseph Daley, Enforcement Coordinator at (817) 588-5928, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Nocona, Docket No. 2005-1857-MWD-E
on April 18, 2006 assessing $7,080 in administrative penalties with $1,416
deferred.
Information concerning any aspect of this order may be obtained by contacting
Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Nsbr, Inc. dba Kellys Food Store
2, Docket No. 2005-1867-PST-E on April 18, 2006 assessing $11,252 in administrative
penalties with $2,250 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bianca Enterprises, Inc. dba Kwik
Pik Food Mart, Docket No. 2005-1875-PST-E on April 18, 2006 assessing $3,744
in administrative penalties with $749 deferred.
Information concerning any aspect of this order may be obtained by contacting
Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Superior Crude Gathering, Inc. dba
National Oil Recovery, Docket No. 2005-1907-AIR-E on April 18, 2006 assessing
$2,875 in administrative penalties with $575 deferred.
Information concerning any aspect of this order may be obtained by contacting
John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ecolab Inc., Docket No. 2005-1926-IHW-E
on April 18, 2006 assessing $750 in administrative penalties with $150 deferred.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Shannon Medical Center, Docket No.
2005-1939-PST-E on April 18, 2006 assessing $8,740 in administrative penalties
with $1,748 deferred.
Information concerning any aspect of this order may be obtained by contacting
Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Junction, Docket No. 2005-1961-PWS-E
on April 18, 2006 assessing $695 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Jack Coleman dba Hidden Valley, Docket
No. 2005-1991-PWS-E on April 18, 2006 assessing $318 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Rochester, Docket No. 2005-2001-PWS-E
on April 18, 2006 assessing $318 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Hubert-Watson Subdivision Water Supply,
Inc., Docket No. 2005-2051-PWS-E on April 18, 2006 assessing $323 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Andres Payan dba Payans Tourist Service,
Docket No. 2005-2058-AIR-E on April 18, 2006 assessing $650 in administrative
penalties with $130 deferred.
Information concerning any aspect of this order may be obtained by contacting
Marlin Bullard, Enforcement Coordinator at (254) 751-0335, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding South Rusk County Water Supply Corporation,
Docket No. 2005-2071-PWS-E on April 18, 2006 assessing $313 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Howard Willoughby, Enforcement Coordinator at (361) 825-3140, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gill Water Supply Corporation, Docket
No. 2005-1980-PWS-E on April 18, 2006 assessing $313 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Epifanio Villarreal, Enforcement Coordinator at (210) 403-4033, Texas Commission
on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An order was entered regarding Nelson Collazo, Docket No. 2004-0490-PST-E
on May 1, 2006 assessing $7,350 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Deborah Bynum, Staff Attorney at (512) 239-1976, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200602447
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 3, 2006
The Texas Commission on Environmental Quality (commission) will conduct
a public hearing to receive testimony regarding the proposed amendment to §116.603
of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction
or Modification, under the requirements of Texas Health and Safety Code, §382.017;
Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal
Regulations §51.102, of the United States Environmental Protection Agency
(EPA) regulations concerning state implementation plans (SIPs). This proposal
includes the amendment of §116.603 to the EPA as a revision to the SIP.
The proposed rulemaking would amend Chapter 116 to require newspaper notice
of proposed standard permits with statewide applicability in Austin, Dallas,
Houston, and any other regional newspapers designated by the executive director
on a case-by-case basis. Also, the executive director would use press releases
and notify select state and local officials by electronic means for public
notice of standard permits.
A public hearing for the proposed rulemaking and SIP revision will be held
in Austin on June 12, 2006, at 10:00 a.m., in Building B, Room 201A, at the
commission's central office, located at 12100 Park 35 Circle. The hearing
will be structured for the receipt of oral or written comments by interested
persons. Registration will begin 30 minutes prior to the hearing. Individuals
may present oral statements when called upon in order of registration. There
will be no open discussion during the hearing; however, commission staff members
will be available to discuss the proposal 30 minutes before the hearing.
Persons with special needs who have special communication or other accommodation
needs who are planning to attend the hearing should contact Patricia Durón,
Office of Legal Services, at (512) 239-6087. Requests should be made as far
in advance as possible.
Comments may be submitted to Patricia Durón, Texas Register Team,
Office of Legal Services, Texas Commission on Environmental Quality, MC 205,
P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All
comments should reference Rule Project Number 2005-038-116-PR. Comments must
be received by 5:00 p.m., June 14, 2006. Copies of the proposed rule 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 Phil Harwell, Air Permits
Division, at (512) 239-1517.
TRD-200602353
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: April 27, 2006
The executive director of the Texas Commission on Environmental Quality
(the commission or TCEQ) files this Response to Public Comment (Response)
on Texas Pollutant Discharge Elimination System (TPDES) General Permit Number
TXG920000. As required by Texas Water Code (TWC), §26.040(d) and 30 TAC §205.3(e),
before a general permit is approved, the executive director prepares a response
to all timely comments. The response must be made available to the public
and filed with the TCEQ's Office of the Chief Clerk at least ten days before
the commission considers the approval of the general permit. This Response
addresses all timely received comments, whether or not withdrawn.
The Office of the Chief Clerk timely received comment letters from the
following: Northwest Comal County Environmental Coalition (NCCEC), Texas Cattle
Feeders Association (TCFA), Texas Poultry Federation (TPF), Charles Stephens,
and Freeman W. Suttles.
BACKGROUND
Permit Description
The commission proposes to amend the Concentrated Animal Feeding Operation
(CAFO) General Permit Number TXG920000 to allow dry litter poultry CAFOs located
in the protection zone of a sole-source surface drinking water supply the
ability to qualify for and obtain coverage under this general permit. This
general permit authorizes the discharge of manure, litter, and wastewater
under limited specific circumstances from CAFOs into and adjacent to water
in the state. This general permit is applicable to TPDES CAFOs statewide and
state-only CAFOs, including certain CAFOs in the dairy outreach program area
(DOPA). Certain CAFOs are not eligible for coverage under this general permit.
This amendment implements Senate Bill (SB) 1707, 79th Legislature, 2005,
which changed the permitting requirements under Texas Water Code (TWC), Chapter
26, for certain CAFOs located in the protection zone of a sole-source surface
drinking water supply. Prior to SB 1707, any CAFO where any part of the production
area of the CAFO is located or proposed to be located within the protection
zone of a sole-source surface drinking water supply must obtain an individual
permit. SB 1707 revised TWC, §26.0286, by removing the requirement for
poultry CAFOs that do not use a liquid waste handling system (dry litter poultry)
located in the protection zone of a sole-source surface drinking water supply
to obtain an individual permit. This allows these facilities the ability to
apply for coverage under a general permit.
Authorization under this general permit complies with the TPDES requirements
in accordance with the Memorandum of Agreement between the United States Environmental
Protection Agency (EPA) and TCEQ, dated September 14, 1998, for the delegation
of the National Pollutant Discharge Elimination System (NPDES) program.
Procedural Background
Notice of availability was published in the
Houston
Chronicle, Amarillo Globe News
, and
Nacogdoches
Daily Sentinel
on February 7, 2006, and in the
Texas Register
on February 10, 2006. The comment period ended on March
13, 2006.
COMMENTS AND RESPONSES
COMMENT 1
Mr. Suttles is generally opposed to CAFOs in his area, Lake Forest Falls,
Montgomery County, Texas.
RESPONSE 1
Texas Water Code, §26.003, states that it is the policy of the state
to maintain the quality of water to protect public health and the environment.
This general permit meets the Clean Water Act and the Texas Water Code requirements
to protect water quality. The general permit requires that manure, litter,
and wastewater be retained and used in an appropriate and beneficial manner.
The general permit requires that wastewater be contained in retention control
structures (RCSs) properly designed, constructed, operated, and maintained.
No discharges are authorized under the proposed permit except where rainfall
events, either chronic or catastrophic, or catastrophic conditions, cause
an overflow from an RCS properly designed, constructed, and maintained.
The general permit requires manure, litter, and wastewater to be applied
at agronomic rates in accordance with a nutrient management plan. The agronomic
rate is the amount of nutrients that the planned crop can utilize within the
growing season. The CAFO operator must maintain information on the cover crops
planted and harvested and the application rate for each field in the Pollution
Prevention Plan (PPP). As the crops are removed by harvesting or grazing,
the nutrients are removed from the soil. This cycle of nutrient application,
usage, and removal allows the land to be used for land application of manure,
litter, and wastewater on a continuous basis. In the event that soil analyses
indicate high phosphorus levels, the CAFO operator would have to develop a
nutrient utilization plan based upon crop removal. The general permit defines
crop removal as "The amount of nutrients contained in and removed by harvest
of the proposed crop." This generally results in a reduced application rate.
The general permit also requires operating CAFOs in such a manner to prevent
the creation of a nuisance condition. The general permit does not limit the
ability of a landowner to seek relief from a court in response to activities
that interfere with the landowner's use and enjoyment of his property. TCEQ
implements and enforces standards established to protect human health, safety,
and the environment. Noncompliance with the general permit or TCEQ's rules
may result in enforcement action against the CAFO operator. The public is
encouraged to report possible issues of noncompliance by contacting the TCEQ
Environmental Violations Hotline at (888) 777-3186.
COMMENT 2
Mr. Stephens and NCCEC are concerned about groundwater contamination in
Comal County. They suggested that a groundwater impact study be conducted
to determine if the water bearing strata would be affected by agricultural
waste.
RESPONSE 2
The permit requires a recharge feature certification and plan to address
recharge features documented in the PPP. The general permit defines recharge
features as "Those natural or artificial features either on or beneath the
ground surface at the site under evaluation that provide or create a significant
hydrologic connection between the ground surface and the underlying groundwater
within an aquifer. Significant artificial features include, but are not limited
to, wells and excavations or material pits. Significant natural hydrologic
connections include, but are not limited to, faults; fractures; sinkholes
or other macro pores that allows direct surface infiltration; a permeable
or a shallow soil material that overlies an aquifer; exposed geologic formations
that are identified as an aquifer; or a water course bisecting an aquifer."
These features, if present, must be buffered for their protection. Water courses,
water bodies, and irrigation wells must have a 100-foot buffer, private drinking
water wells must have a 150-foot buffer, and public water wells must have
a 500-foot buffer.
Seepage of contaminants into groundwater is minimized in the pen area by
maintaining slopes and surface compaction that limits infiltration into the
soil and groundwater and directs wastewater runoff into an RCS. Seepage is
minimized in the RCSs through the use of clay liners. The general permit requires
that the liners be constructed to have hydraulic conductivity no greater than
1 x 10
-7
centimeters per second, with a thickness
of 1.5 feet or greater or its equivalency in other materials. These liner
requirements are the same design specifications as found in Appendix 10d of
the Agricultural Waste Management Handbook published by the National Resource
Conservation Service (NRCS). Prior to using an RCS, a liner certification
must be prepared by a licensed Texas professional engineer or a licensed Texas
professional geoscientist documenting compliance with design standards and
seepage standards.
See Response 1 related to land application of manure, litter, and wastewater
at agronomic rates.
COMMENT 3
TCFA and TPF comment that EPA recently extended the deadline for all permitted
CAFOs to develop and implement a Nutrient Management Plan (NMP) from December
31, 2006 to July 31, 2007. The TCEQ recently proposed amendments to 30 TAC
Chapter 321, Subchapter B, which also extend this deadline. They recommend
amending Part III.A.11(a) of the general permit to remove the reference to
the December 31, 2006, date and insert ". . . on or before the deadline for
development and implementation of a NMP adopted by the TCEQ in 30 TAC 321,
Subchapter B."
RESPONSE 3
TCEQ agrees that the general permit deadline for development and implementation
of an NMP should be consistent with EPA regulations and 30 TAC Chapter 321,
Subchapter B. On February 10, 2006, EPA adopted a change in the federal rules
extending the date that a CAFO must develop an NMP to July 31, 2007 (see 71
FR 6978). TCEQ published in the
Texas Register
,
a proposal to change the date existing CAFOs must develop and implement an
NMP from December 31, 2006 to July 31, 2007 in order to remain consistent
with the federal regulations (see 31 TexReg 1187). In response to the comment,
Part III.A.11.(a) of the general permit was revised to read: "A permittee
that is a Large CAFO must develop and implement a NMP certified in accordance
with the Natural Resources Conservation Service Practice Standard Code 590
on or before the deadline specified in 30 TAC § 321.36(d)(1)."
Changes to the draft permit have been made in response to comments, as
noted.
TRD-200602431
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: May 2, 2006
The following notices were issued during the period of April 27, 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.
CHEVRON PHILLIPS CHEMICAL COMPANY LP which operates the Orange Plant, a
polyethylene manufacturing facility, has applied for a major amendment to
TPDES Permit No. WQ0000359000 to increase the daily maximum effluent limitation
for total suspended solids at Outfall 001 and reduce the monitoring frequencies
for total copper, oil & grease, biochemical oxygen demand (5-day), and
chemical oxygen demand at Outfall 001. The current permit authorizes the discharge
of process wastewater, utility wastewater, storm water, and domestic wastewater
at a daily average flow not to exceed 3,150,000 gallons per day via Outfall
001. The facility is located on the south side of Farm-to-Market Road 1006,
approximately 1.7 miles east of the intersection of Farm-to-Market Road 1006
and State Highway 87, southwest of the City of Orange, Orange County, Texas.
EAGLE'S WINGS RETREAT CENTER, INC. has applied for a new permit, Proposed
Permit No. WQ0014622001, to authorize the disposal of treated domestic wastewater
at a daily average flow not to exceed 5,900 gallons per day via public access
subsurface drip irrigation system with a minimum area of 59,200 square feet.
This permit will not authorize a discharge of pollutants into waters in the
State. The facility and disposal site will be located 0.25 mile east of Ranch-to-Market
Road 2341, 2.5 miles north of the intersection of State Highway 29 and Ranch-to-Market
Road 2341 in Burnet County, Texas.
CITY OF HEREFORD has applied for a renewal of Permit No. 10186-002, which
authorizes the disposal of treated domestic wastewater at a daily average
flow not to exceed 2.5 million gallons per day via surface irrigation of 583
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 in the southwest corner of the city's farm, which is approximately
2 miles northeast of the intersection of U.S. Highway 60 and Farm-to-Market
Road 2943 and 0.5 miles east of the intersection of U.S. Highway 60 and County
Road 8 in Deaf Smith County, Texas.
JASON ANDREW THOMPSON has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0014684001, to authorize
the discharge of treated domestic wastewater at a daily average flow not to
exceed 26,000 gallons per day. The facility is located 760 feet north then
1330 feet west from the intersection of Shady Lane and Farm-to-Market Highway
2978 in Montgomery County, Texas.
Written comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information section
above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE.
The Texas Commission on Environmental Quality (TCEQ) has initiated a minor
amendment of the permit issued to LONE STAR GROWERS, L.P. which operates a
greenhouse/nursery, to authorize the addition of effluent limitations for
beta endosulphan and endosulphan sulfate at Outfall 001. The existing permit
authorizes the discharge of process water from greenhouse/nursery operations
and boiler blowdown at a daily average flow not to exceed 95,000 gallons per
day via Outfall 001. The facility is located at 16 Wire Road, approximately
1.2 miles southeast of the intersection of U.S. Highway 75 and Farm-to-Market
Road 1696, and approximately five miles northwest of the City of Huntsville,
Walker County, Texas.
TRD-200602446
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 3, 2006
The Texas Commission on Environmental Quality (TCEQ or commission) staff
is providing an opportunity for written public comment on the listed Agreed
Orders (AOs) in accordance with Texas Water Code (the Code), §7.075,
which requires that the commission may not approve these AOs unless the public
has been provided an opportunity to submit written comments. Section 7.075
requires that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment period
closes, which in this case is
June 12, 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 June 12, 2006
. Written comments may also be
sent by facsimile machine to the enforcement coordinator at (512) 239-2550.
The commission enforcement coordinators are available to discuss the AOs and/or
the comment procedure at the listed phone numbers; however, §7.075 provides
that comments on the AOs should be submitted to the commission in
writing
.
(1) COMPANY: BP Amoco Chemical Company; DOCKET NUMBER: 2006-0068-AIR-E;
IDENTIFIER: Regulated Entity Reference Number (RN) RN102536307; LOCATION:
Texas City, Galveston County, Texas; TYPE OF FACILITY: chemical plant; RULE
VIOLATED: 30 TAC §116.715(a), Air Permit Number 1176/PSD-TX-782, and
THSC, §382.085(b), by failing to prevent unauthorized emissions of propylene
and nitrogen; and 30 TAC §335.323 and the Code, §5.702, by failing
to pay hazardous and nonhazardous waste generation fees and associated late
fees; PENALTY: $3,280; ENFORCEMENT COORDINATOR: Scott Barnett, (713) 767-3500;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(2) COMPANY: Celanese Limited; DOCKET NUMBER: 2006-0006-AIR-E; IDENTIFIER:
RN100227016; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical
plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 22872, and
THSC, §382.085(b), by failing to prevent unauthorized emissions of sulfur
dioxide; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Scott Barnett, (713) 767-3500;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(3) COMPANY: Chevron Phillips Chemical Company L.P.; DOCKET NUMBER: 2006-0023-AIR-E;
IDENTIFIER: RN100209857; LOCATION: Port Arthur, Jefferson County, Texas; TYPE
OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §101.201(a)(1)(B)
and THSC, §382.085(b), by failing to submit notification of an emission
event; and 30 TAC §106.4, §116.115(b)(2)(F) and (c), Air Permit
Number 21101, and THSC, §382.085(b), by failing to prevent the unauthorized
release of air contaminants into the atmosphere; PENALTY: $13,680; ENFORCEMENT
COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: City of Cotulla; DOCKET NUMBER: 2005-1874-MWD-E; IDENTIFIER:
RN101920148; LOCATION: Cotulla, La Salle County, Texas; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (4), (5), and
(9), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10153001,
and the Code, §26.121(a), by failing to submit a noncompliance notification
report for all sanitary sewer overflow (SSO) events, by failing to employ
a certified operator, and by failing to operate and maintain the collection
system to prevent unauthorized SSOs; PENALTY: $11,900; ENFORCEMENT COORDINATOR:
Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 14250 Judson Road, San
Antonio, Texas 78233-4480, (210) 490-3096.
(5) COMPANY: Diamond Shamrock Refining Company, L.P.; DOCKET NUMBER: 2006-0131-AIR-E;
IDENTIFIER: RN100210517; LOCATION: Sunray, Moore County, Texas; TYPE OF FACILITY:
petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a), Air Permit Numbers
9708 and PSD-TX-861M2, and THSC, §382.085(b), by failing to prevent unauthorized
emissions for sulphur dioxide and hydrogen sulphide; PENALTY: $4,660; ENFORCEMENT
COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 3918 Canyon Drive,
Amarillo, Texas 79109-4933, (806) 353-9251.
(6) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2006-0057-AIR-E;
IDENTIFIER: RN102450756; LOCATION: Beaumont, Jefferson County, Texas; TYPE
OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.201(a)(1)(B)
and §122.143(4), Federal Operating Permit Number 2042, and THSC, §382.085(b),
by failing to properly report the discovery of an emissions event; 30 TAC §101.20(3)
and §116.115(b)(2)(F), Air Permit Numbers 19566/PSD-TX-768M1 and PSD-TX-932,
and THSC, §382.085(b), by failing to prevent unauthorized emissions;
PENALTY: $6,490; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(7) COMPANY: Farmers Transport, Inc. dba 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 allegedly exceeding the maximum contaminant
level (MCL) for total trihalomethanes (TTHM); PENALTY: $318; ENFORCEMENT COORDINATOR:
Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(8) COMPANY: G S I II; DOCKET NUMBER: 2006-0029-AIR-E; IDENTIFIER: RN104707633;
LOCATION: Alice, Jim Wells County, Texas; TYPE OF FACILITY: abrasive cleaning
and painting; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b)
and §382.0518(a), by failing to obtain a permit or meet the requirements
of a permit by rule for a spray coat painting and abrasive blasting operation;
PENALTY: $1,600; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL
OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361)
825-3100.
(9) COMPANY: Katy-Hockley Corporation; DOCKET NUMBER: 2006-0222-MWD-E;
IDENTIFIER: RN101525319; LOCATION: Houston, Harris County, Texas; TYPE OF
FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES
Permit Number 14109001, and the Code, §26.121(a), by failing to comply
with permit effluent limits for total suspended solids (TSS), ammonia-nitrogen,
and five-day carbonaceous biochemical oxygen demand; PENALTY: $1,600; ENFORCEMENT
COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: City of Kosse; DOCKET NUMBER: 2004-2115-MWD-E; IDENTIFIER:
TPDES Permit Number 11405001, RN101919702; LOCATION: Kosse, Limestone County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 11405001, and the Code, §26.121(a), by failing to
comply with the permitted effluent limits for five-day biochemical oxygen
demand, pH, and TSS; PENALTY: $6,308; ENFORCEMENT COORDINATOR: Joseph Daley,
(817) 588-5800; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(11) COMPANY: City of Overton; DOCKET NUMBER: 2006-0089-PWS-E; IDENTIFIER:
RN103934733; LOCATION: Overton, Rusk County, Texas; TYPE OF FACILITY: public
water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c),
by exceeding the MCL for TTHM; PENALTY: $318; ENFORCEMENT COORDINATOR: Cari-Michel
LaCaille, (512) 239-1387; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas
75701-3756, (903) 535-5100.
(12) COMPANY: Pavestone Company, L.P.; DOCKET NUMBER: 2006-0042-MLM-E;
IDENTIFIER: RN101054633; LOCATION: Katy, Waller County, Texas; TYPE OF FACILITY:
concrete products manufacturing; RULE VIOLATED: 30 TAC §305.125(1), TPDES
Multi-Sector General Permit (MSGP) Number TXR05P359, and 40 Code of Federal
Regulations (CFR) §122.26(c), by failing to conduct annual comprehensive
site compliance evaluations, by failing to conduct quarterly benchmark monitoring
for TSS and iron, by failing to conduct hazardous metals monitoring annually,
by failing to maintain a storm water pollution prevention plan on site and
available for review, and by failing to clearly label all waste drums located
near the maintenance shop; and 30 TAC §335.4, by failing to prevent the
discharge and accumulation of oil on the road and overflows of hydraulic and
mold release fluids from the secondary containment area near the maintenance
shop; PENALTY: $15,120; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713)
767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(13) COMPANY: Saf-T-Box Incorporated; DOCKET NUMBER: 2006-0073-AIR-E; IDENTIFIER:
RN104207733; LOCATION: White Settlement, Tarrant County, Texas; TYPE OF FACILITY:
portable storage and office building manufacturing; RULE VIOLATED: 30 TAC §116.110(a)(1)
and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization
prior to construction and operation of an outdoor sandblasting facility; PENALTY:
$4,200; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: John Dudley Batla dba Texana Vacuum; DOCKET NUMBER: 2006-0033-MLM-E;
IDENTIFIER: RN103155412; LOCATION: Columbus, Colorado County, Texas; TYPE
OF FACILITY: sludge transporter company; RULE VIOLATED: 30 TAC §330.5(c),
by failing to prevent the unauthorized discharge of municipal solid waste;
30 TAC §312.147(b), by temporarily storing waste at a fixed or permanent
site without authorization; 30 TAC §312.144(a)(1), (2), and (4), and
(f), by failing to prominently mark the pump truck used in transportation
of wastes with the company name, telephone number, assigned registration number
on both sides, and tank discharge valves; and 30 TAC §312.145(b)(1)(A)
and (E) and (2), by failing to maintain a record of each individual collection
and deposit of waste transported with the use of five-part trip tickets; PENALTY:
$5,600; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: Total Petrochemicals USA, Inc.; DOCKET NUMBER: 2005-1949-AIR-E;
IDENTIFIER: RN100909373; LOCATION: Pasadena, Harris County, Texas; TYPE OF
FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c),
Air Permit Number 5264, and THSC, §382.085(b), by failing to prevent
unauthorized emissions of chlorodifluoromethane; PENALTY: $2,980; ENFORCEMENT
COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(16) COMPANY: City of Troy; DOCKET NUMBER: 2005-2094-MWD-E; IDENTIFIER:
RN102844321; LOCATION: Troy, Bell County, Texas; TYPE OF FACILITY: wastewater
treatment; RULE VIOLATED: 30 TAC §§305.125(4) and (5), 317.4(a)(8)
and (b)(4), and 317.7(e), TPDES Permit Number WQ0011263001, and the Code, §26.121(a),
by failing to prevent the discharge of waste, by failing to ensure that all
systems of collection, treatment, and disposal are properly operated and maintained,
by failing to equip all wash down hoses using potable water with an atmospheric
vacuum breaker, by failing to prevent an unauthorized discharge of sludge,
by failing to prevent the discharge of waste in violation of a permit issued
by the commission, and by failing to comply with permitted effluent limitations;
PENALTY: $63,600; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490;
REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254)
751-0335.
(17) COMPANY: Larry West dba West Dairy Farm; DOCKET NUMBER: 2006-0174-AGR-E;
IDENTIFIER: RN104348537; LOCATION: Collinsville, Grayson County, Texas; TYPE
OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.47(c)(1), by failing to
locate, construct, and manage the control facility in a manner that will protect
surface and groundwater quality; 30 TAC §321.47(e)(6) and (i), by failing
to install and maintain a permanent pond marker in the retention control structure
and by failing to maintain on site all required records; PENALTY: $2,200;
ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(18) COMPANY: Wildwood Circle Property Owners Association, Inc.; DOCKET
NUMBER: 2006-0183-PWS-E; IDENTIFIER: RN101191328; LOCATION: Shepherd, San
Jacinto County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED:
30 TAC §290.46(e)(4)(A) and (f)(3)(B)(iii), and THSC, §341.033(a),
by failing to employ an operator with a class D or higher license, by failing
to retain monitoring records for at least three years; 30 TAC §290.110(d)(3)(C)(ii),
by failing to measure the free chlorine residual within the distribution system
with a colorimeter, spectrophotometer, or color comparator test kit; 30 TAC §290.42(e)(3)(A)
and §290.46(d)(2)(A), and THSC, §341.0315(c), by failing to have
disinfectant equipment with a capacity of at least 50% or greater than the
highest expected dosage and failing to maintain a free chlorine residual of
0.2 milligrams per liter; and 30 TAC §290.45(b)(1)(A)(ii) and THSC, §341.0315(c),
by failing to provide a pressure tank capacity of 50 gallons per connection;
PENALTY: $920; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
TRD-200602432
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Filed: May 2, 2006
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on April 27, 2006
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v. Mohammed N. Qureshi dba HAH Gas Mart; SOAH Docket No.
582-06-1639; TCEQ Docket No. 2002-0970-PST-E. The commission will consider
the Administrative Law Judge's Proposal for Decision and Order regarding the
enforcement action against Mohammed N. Qureshi dba HAH Gas Mart on a date
and time to be determined by the Office of the Chief Clerk in Room 201S of
Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice
of Opportunity to Comment on the Proposal for Decision and Order. The comment
period will end 30 days from date of this publication. Written public comments
should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box
13087, Austin, Texas 78711-3087. If you have any questions or need assistance,
please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.
TRD-200602449
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 3, 2006
The State Office of Administrative Hearings issued a Proposal for Decision
and Order to the Texas Commission on Environmental Quality on April 27, 2006,
in the matter of the Executive Director of the Texas Commission on Environmental
Quality, Petitioner v Jose Garcia dba Neighborhood Trucks & Auto Repair;
SOAH Docket No. 582-06-1446; TCEQ Docket No. 2004-1998-AIR-E. The commission
will consider the Administrative Law Judge's Proposal for Decision and Order
regarding the enforcement action against Jose Garcia dba Neighborhood Trucks &
Auto Repair on a date and time to be determined by the Office of the Chief
Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This
posting is Notice of Opportunity to Comment on the Proposal for Decision and
Order. The comment period will end 30 days from date of this publication.
Written public comments should be submitted to the Office of the Chief Clerk,
MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions
or need assistance, please contact Paul Munguia, Office of the Chief Clerk,
(512) 239-3300.
TRD-200602448
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 3, 2006
Notice of Approval of Coastal Boundary Survey
Pursuant to §33.136 of the Natural Resources Code, notice is hereby
given that Jerry Patterson, Commissioner of the General Land Office, approved
a coastal boundary survey, Chambers County Art. 33.136 Sketch No. 3 , submitted
by Robert W. Terry, a Registered Professional Land Surveyor, conducted in
March, 2005, locating the following shoreline boundary:
A plat showing a survey made by Gary C. Bowes, Licensed State Land Surveyor
on July 21, 2005, of a portion of the MHHW line of Cedar Bayou adjacent to
the John Steele Survey A-227 and the John Ijams Survey A-151.5.
For a copy of this survey contact Archives & Records, Texas General
Land Office at (512) 463-5277.
TRD-200602436
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: May 2, 2006
Notice of Hearing on Proposed Provider Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct
a public hearing to receive public comment on proposed payment rates for case
management services for the Children's Vocational Discovery and Development
Program. This program is operated by the Texas Department of Assistive and
Rehabilitative Services (DARS). The effective date of the proposed payment
rates is June 1, 2006. The hearing will be held in compliance with Title 1
of the Texas Administrative Code (TAC) §355.105(g), which requires public
hearings on proposed payment rates for medical assistance programs.
The public hearing will be held on May 26, 2006, at 9:00 a.m. in the Lone
Star Conference Room of the Braker Center, Building H, at 11209 Metric Boulevard,
Austin, Texas 78758-4021. Entry is through Security at the entrance of 11209
Metric Boulevard.
Written comments regarding the payment rates 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 or by e-mail to joyce.felix@hhsc.state.tx.us.
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, at 11209 Metric
Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be
sent via facsimile to Ms. Felix at (512) 491-1998.
Interested parties may request to have mailed to them or may pick up a
briefing package concerning the proposed payment rates by contacting Ms. Felix
at (512) 491-1174 or at HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin,
Texas 78708-5200. Briefing packages also will be available at the hearing.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Ms. Felix by May 18, 2006, so that appropriate
arrangements can be made.
Methodology and justification. The proposed rates were determined in accordance
with the rate setting methodology for Purchased Health Services at 1 TAC Chapter
355, Subchapter J, §355.8381 (relating to Case Management Reimbursement
Methodology).
TRD-200602444
Wendy Pellow
Assistant General Counsel
Texas Health and Human Services Commission
Filed: May 2, 2006
Notice of Public Hearing
Multifamily Housing Revenue Bonds (Parkwest Apartment
Homes) Series 2006
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Issuer") at Elsik High School, 12601
High Star, Houston, Harris County, Texas 77072, at 6:00 p.m. on May 31, 2006
with respect to an issue of tax-exempt multifamily residential rental development
revenue bonds in an aggregate principal amount not to exceed $15,000,000 and
taxable bonds, if necessary, in an amount to be determined, to be issued in
one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds
will be loaned to Houston 3601 Parkwest Apartments, LP, a limited partnership,
or a related person or affiliate thereof (the "Borrower") to finance a portion
of the costs of acquiring, constructing, and equipping a multifamily housing
development (the "Development") described as follows: 252-unit multifamily
residential rental development located at approximately the 14601 block of
Parkwest Central Drive and west of the 3600 block of State Highway 6, Harris
County, Texas. A physical address has not been assigned by the City of Houston.
Upon the issuance of the Bonds, the Development will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Teresa
Morales at the Texas Department of Housing and Community Affairs, P. O. Box
13941 Austin, TX 78711-3941; (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Teresa Morales in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Teresa Morales prior to the date scheduled for the hearing. Individuals
who require a language interpreter for the hearing should contact Teresa Morales
at least three days prior to the hearing date. Personas que hablan español
y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente
número (512) 475-4577 por lo menos tres días antes de la junta
para hacer los preparativos apropiados.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at (800) 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200602438
William Dally
Acting Executive Director
Texas Department of Housing and Community Affairs
Filed: May 2, 2006
Company Licensing
Application to change the name of PHOENIX NATIONAL INSURANCE COMPANY to
MOLINA HEALTHCARE INSURANCE COMPANY, a foreign life, accident, and/or health
company. The home office is in Columbus, Ohio.
Application to change the name of AMERICAN INDEMNITY COMPANY to CATLIN
INSURANCE COMPANY, INC., a domestic fire and/or casualty company. The home
office is in Houston, Texas.
Any objections must be filed with the Texas Department of Insurance, within
twenty (20) calendar days from the date of the
Texas
Register
publication, addressed to the attention of Godwin Ohaechesi,
333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200602473
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 3, 2006
Notice is given to the public of the application of the listed small employer
health benefit plan issuer to be a risk-assuming health benefit plan issuer
under Insurance Code §1501.312. A small employer health benefit plan
issuer is defined by Insurance Code §1501.002(16) as a health benefit
plan issuer offering, delivering, issuing for delivery, or renewing health
benefit plans subject to the Insurance Code, Chapter 1501, Subchapters C-H.
A risk-assuming health benefit plan issuer is defined by Insurance Code §1501.301(4)
as a small employer health benefit plan issuer that does not participate in
the Texas Health Reinsurance System. The following small employer health benefit
plan issuer has applied to be a risk-assuming health benefit plan issuer:
UnitedHealthcare Insurance Company
The application is subject to public inspection at the offices of the Texas
Department of Insurance, Legal & Compliance Division--Nick Hoelscher,
333 Guadalupe, Tower I, Room 920, Austin, Texas.
If you wish to comment on the application of UnitedHealthcare Insurance
Company to be a risk-assuming health benefit plan issuer, you must submit
your written comments within 60 days after publication of this notice in the
TRD-200602363
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 27, 2006
Notice is given to the public of the application of the listed small employer
health benefit plan issuer to be a risk-assuming health benefit plan issuer
under Insurance Code, §1501.312. A small employer health benefit plan
issuer is defined by Insurance Code, §1501.002(16) as a health benefit
plan issuer offering, delivering, issuing for delivery, or renewing health
benefit plans subject to the Insurance Code, Chapter 1501, Subchapters C -
H. A risk-assuming health benefit plan issuer is defined by Insurance Code, §1501.301(4)
as a small employer health benefit plan issuer that does not participate in
the Texas Health Reinsurance System. The following small employer health benefit
plan issuer has applied to be a risk-assuming health benefit plan issuer:
UnitedHealthcare of Texas, Inc.
The application is subject to public inspection at the offices of the Texas
Department of Insurance, Legal & Compliance Division - Nick Hoelscher,
333 Guadalupe, Tower I, Room 920, Austin, Texas.
If you wish to comment on the application of UnitedHealthcare of Texas,
Inc. to be a risk-assuming health benefit plan issuer, you must submit your
written comments within 60 days after publication of this notice in the
TRD-200602364
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 27, 2006
The Commissioner of Insurance (Commissioner) will hold a public hearing
under Docket No. 2601 on Wednesday, August 16, 2006, at 9:30 a.m. in Room
100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street
in Austin, Texas, and continuing thereafter at dates, times, and places designated
by the Commissioner until conclusion. This is notice of the reconvening of
the continued Ratemaking Phase of the 2004 Texas Title Insurance Biennial
Hearing that was originally set on December 31, 2004, as published in the
October 15, 2004, issue of the
Texas Register
(29
TexReg 9718).
The Commissioner of Insurance has jurisdiction over the promulgation of
rules and premium rates, over amendments to or promulgation of approved forms,
and over other matters set out in this notice pursuant to Texas Insurance
Code, §31.021 and Chapters 2501 and 2703 and §2551.003, and pursuant
to the Texas Administrative Code, Title 28, Chapter 9. The procedure of the
hearing will be governed by the Rules of Practice and Procedure before the
Department of Insurance (Texas Administrative Code, Title 28, Chapter 1, Subchapter
A) and the Administrative Procedure Act (Texas Gov't Code, Ch. 2001).
TRD-200602370
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 27, 2006
Instant Game Number 671 "Scratch Happy"
1.0 Name and Style of Game.
A. The name of Instant Game No. 671 is "SCRATCH HAPPY". The play style
is "match 3 of 6 with doubler ".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 671 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 671.
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, $5.00, $10.00, $20.00,
$30.00, $100, $500, $1,000 and HAPPY PLAY 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:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $4.00, $5.00, $6.00,
$10.00 or $20.00.
H. Mid-Tier Prize - A prize of $30.00, $60.00, $100 or $200.
I. High-Tier Prize - A prize of $1,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5)
bar code which will include a three (3) digit game ID, the seven (7) digit
pack number, the three (3) digit ticket number and the nine (9) digit Validation
Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the
three (3) digit game number (671), 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: 671-0000001-001.
L. Pack - A pack of "SCRATCH HAPPY" 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 "SCRATCH
HAPPY" Instant Game No. 671 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 "SCRATCH HAPPY" Instant Game is determined once the latex on the ticket
is scratched off to expose 6 (six) Play Symbols. If a player reveals 3 matching
dollar amounts in the play area, the player wins that dollar amount. If a
player reveals 2 matching dollar amounts and a HAPPY play symbol in the play
area, the player wins DOUBLE the dollar amount 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 6 (six) Play Symbols must appear under the latex overprint on
the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 6 (six)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 6 (six) Play Symbols must be exactly one of those described
in Section 1.2.C of these Game Procedures.
17. Each of the 6 (six) Play Symbols on the ticket must be printed in the
Symbol font and must correspond precisely to the artwork on file at the Texas
Lottery; the ticket Serial Numbers must be printed in the Serial font and
must correspond precisely to the artwork on file at the Texas Lottery; and
the Pack-Ticket Number must be printed in the Pack-Ticket Number font and
must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a book will not have identical
patterns.
B. Players can win only one (1) time on a ticket.
C. No ticket will contain a HAPPY symbol and more than two (2) like prize
amounts.
D. As many as three (3) pairs of like play symbols may appear on a ticket
which does not contain a HAPPY symbol.
E. No more than one (1) HAPPY symbol will appear on a ticket.
F. No ticket will contain more than three (3) like prize amounts.
G. Non-winning tickets will not contain more than two like prize amounts
H. A pair of prize amounts and the HAPPY symbol will win 2 times the prize
amount shown and will win as per the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "SCRATCH HAPPY" Instant Game prize of $1.00, $2.00, $3.00,
$4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $60.00, $100 or $200, a claimant
shall sign the back of the ticket in the space designated on the ticket and
present the winning ticket to any Texas Lottery Retailer. The Texas Lottery
Retailer shall verify the claim and, if valid, and upon presentation of proper
identification, make payment of the amount due the claimant and physically
void the ticket; provided that the Texas Lottery Retailer may, but is not,
in some cases, required to pay a $30.00, $60.00, $100 or $200 ticket. In the
event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery
Retailer shall provide the claimant with a claim form and instruct the claimant
on how to file a claim with the Texas Lottery. If the claim is validated by
the Texas Lottery, a check shall be forwarded to the claimant in the amount
due. In the event the claim is not validated, the claim shall be denied and
the claimant shall be notified promptly. A claimant may also claim any of
the above prizes under the procedure described in Section 2.3.B and Section
2.3.C of these Game Procedures.
B. To claim a "SCRATCH HAPPY" 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 "SCRATCH HAPPY" 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 "SCRATCH HAPPY"
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 "SCRATCH HAPPY" 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 12,000,000
tickets in the Instant Game No. 671. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 671 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. 671,
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-200602394
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: April 28, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 674 is "POKER ROYALE". The play style is
"key symbol match".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 674 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 674.
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: 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 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 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, 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 and A HEART 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:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $3.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $30.00, $40.00, $50, $75 or $100.
I. High-Tier Prize - A prize of $1,000 or $35,000.
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 (674), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 125 within
each pack. The format will be: 674-0000001-001.
L. Pack - A pack of "POKER ROYALE" Instant Game tickets contains 125 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 125 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 125 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 "POKER
ROYALE" Instant Game No. 674 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 "POKER ROYALE"
Instant Game is determined once the latex on the ticket is scratched off to
expose 69 (sixty-nine) Play Symbols. Scratch the DEALT CARDS play symbols
are to reveal 30 (thirty) cards. Scratch each card in YOUR HANDS play area
that matches any of the DEALT CARDS play symbols. Match all cards in any of
YOUR HANDS to the DEALT CARDS play symbols, win the prize shown for that HAND.
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 69 (sixty-nine) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink except for dual
image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 69 (sixty-nine)
Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 69 (sixty-nine) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures;
17. Each of the 69 (sixty-nine) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within a book will not have identical
patterns.
B. A ticket can win up to 4 times as indicated by the prize structure.
C. The majority of the tickets will have unique configurations of DEALT
CARDS and YOUR HANDS areas.
D. There will be no perceptible play patterns in play data in winning and
nonwinning tickets.
E. On winning tickets, the cards not appearing in the DEALT CARDS play
area that would complete other non-winning rows across in the YOUR HANDS play
area, will vary so that the same card(s) is/are not always missing.
F. On non-winning tickets, the card(s) not appearing in the DEALT CARDS
play area that would complete a row across in the YOUR HANDS play area will
be varied so that it is not always the same card(s) that is/are missing.
G. The thirty (30) DEALT CARDS will be drawn from one deck of 52 cards,
Ace through King in each of the four suits (?, ?, ?, ?).
H. All 52 possible card values will appear randomly over all available
positions in the DEALT CARDS play area with respect to other restrictions.
I. On winning or non-winning tickets, all card symbols in the DEALT CARDS
play area will be unique (no duplicates). This simulates the use of a single
deck of cards.
J. On winning or non-winning tickets, there will never be three (3) or
more cards of the same value (i.e. 10 (?), 10(?), 10(?)), adjacent to one
another in a vertical, horizontal or diagonal straight line in the DEALT CARDS
play area.
K. On winning or non-winning tickets, there will always be at least five
(5) cards of each suit appearing in the DEALT CARDS play area and at least
one (1) of those cards will appear in each horizontal row in the DEALT CARDS
play area.
L. On winning or non-winning tickets, no more than two (2) cards of one
suit will appear in a vertical column in the DEALT CARDS play area.
M. In the YOUR HANDS play area, a Card can appear more than once but will
not appear more than once in the same hand and will never appear more than
two (2) times on a ticket.
N. The YOUR HANDS card symbols will be imaged and therefore will be different
from ticket to ticket.
O. The cards in the YOUR HANDS play area will appear in descending order
from left to right.
P. The Ace will always be high and will never be used in conjunction with
an Ace, 2, 3, 4, 5 straight.
Q. Wrap-around straights are not allowed.
R. A Flush will never contain a Straight.
S. The card combinations in the YOUR HANDS play area will be determined
as follows:
T. All YOUR HANDS for prize levels $3 through $35,000 will include at least
one (1) black play symbol.
2.3 Procedure for Claiming Prizes.
A. To claim a "POKER ROYALE" Instant Game prize of $3.00, $5.00, $10.00,
$15.00, $20.00, $30.00, $40.00, $50.00, $75.00 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, $40.00, $50.00, $75.00 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 "POKER ROYALE" Instant Game prize of $1,000 or $35,000, 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 "POKER ROYALE" 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 "POKER ROYALE"
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 "POKER ROYALE" 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. 674. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 674 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. 674,
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-200602475
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 3, 2006
1.0 Name and Style of Game.
A. The name of Instant Game No. 727 is "GOLDEN TICKET". The play style
is "key number match with doubler."
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 727 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 727.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant
ticket that is used to determine eligibility for a prize. Each Play Symbol
is printed in Symbol font in black ink in positive except for dual-image games.
The possible black play symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, GOLD BAR SYMBOL, $3.00, $6.00, $10.00,
$15.00, $30.00, $50.00, $100, $500, $2,000 and $35,000.
D. Play Symbol Caption-the printed material appearing below each Play Symbol
which explains the Play Symbol. One caption appears under each Play Symbol
and is printed in caption font in black ink in positive. The Play Symbol Caption
which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. These three (3) small letters are for validation purposes
and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning
tickets and high-tier tickets use a non-required combination of the required
codes listed in Figure 2 with the exception of ∅, which will only appear
on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under
the latex scratch-off covering on the front of the ticket. There is a boxed
four (4) digit Security Number placed randomly within the Serial Number. The
remaining nine (9) digits of the Serial Number are the Validation Number.
The Serial Number is positioned beneath the bottom row of play data in the
scratched-off play area. The Serial Number is for validation purposes and
cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $3.00, $6.00, $10.00 or $15.00.
H. Mid-Tier Prize - A prize of $30.00, $50.00, $100 or $500.
I. High-Tier Prize - A prize of $2,000 or $35,000.
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 (727), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 001 and end with 125 within
each pack. The format will be: 727-0000001-001.
L. Pack - A pack of "GOLDEN TICKET" Instant Game tickets contains 125 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 125 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 125 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 "GOLDEN
TICKET" Instant Game No. 727 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 "GOLDEN
TICKET" Instant Game is determined once the latex on the ticket is scratched
off to expose 33 (thirty-three) Play Symbols. If a player matches any of the
YOUR NUMBERS play symbols to any of the GOLDEN NUMBERS play symbols, the player
wins the prize shown for that play symbol. If a player reveals a GOLD BAR
play symbol the player wins DOUBLE the prize shown instantly. No portion of
the display printing or 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 within a book will not have identical
patterns.
B. Players can win up to fifteen (15) times in this game.
C. No duplicate non-winning YOUR NUMBERS on a ticket.
D. Non-winning prize symbols will not match a winning prize symbol on a
ticket.
E. No duplicate Golden Numbers will appear on a ticket.
F. Your Number will never equal the corresponding Prize symbol.
G. A non-winning prize symbol will not appear more than 2 (two) times on
a ticket.
H. The "Gold Bar" symbol will never appear on non-winning tickets.
I. The "Gold Bar" symbol will never appear as any of the "GOLDEN NUMBERS".
J. The "Gold Bar" symbol will win double the corresponding prize shown
and will win as per the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "GOLDEN TICKET" Instant Game prize of $3.00, $6.00, $10.00,
$15.00, $30.00, $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 $30.00, $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 "GOLDEN TICKET" Instant Game prize of $2,000 or $35,000,
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 "GOLDEN TICKET" 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 "GOLDEN TICKET"
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 "GOLDEN TICKET" Instant Game, the Texas Lottery shall
deposit the amount of the prize in a custodial bank account, with an adult
member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game or within the applicable
time period for certain eligible military personnel as set forth in Texas
Government Code Section 466.408. Any prize not claimed within that period,
and in the manner specified in these Game Procedures and on the back of each
ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on
the number of tickets ordered. The number of actual prizes available in a
game may vary based on number of tickets manufactured, testing, distribution,
sales and number of prizes claimed. An Instant Game ticket may continue to
be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated, a ticket shall be owned by the
physical possessor of said ticket. When a signature is placed on the back
of the ticket in the space designated, the player whose signature appears
in that area shall be the owner of the ticket and shall be entitled to any
prize attributable thereto. Notwithstanding any name or names submitted on
a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated. If more
than one name appears on the back of the ticket, the Executive Director will
require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000
tickets in the Instant Game No. 727. The approximate number and value of prizes
in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 727 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. 727,
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-200602434
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 2, 2006
Texas Public Finance Authority Charter School Finance Corporation Request for Applications Concerning Texas Credit Enhancement Program
Filing Authority. Texas Public Finance Authority Charter School Finance
Corporation
Eligible Applicants. The Texas Public Finance Authority Charter School
Finance Corporation (CSFC) is requesting applications from eligible entities
to receive credit enhancement for eligible Texas open enrollment charter schools
by funding a debt service reserve fund for bonds issued by the TPFA's Charter
School Finance Corporation (CSFC). Eligible entities are open-enrollment charter
schools that: (1) have earned an academic rating of acceptable or higher for
two consecutive years, including 2006; (2) are fiscally sound as determined
by a satisfactory rating under the 2006 Financial Integrity Rating System
of Texas (FIRST) as adapted for charter schools; and (3) meet other criteria
as outlined in the application.
TCEP training will be hosted by TPFA, TEA, and Resource Center staff. All
potential TCEP applicants are strongly encouraged to attend one of the following
training sessions at TEA, Room 1-104, in the William B. Travis Building, 1701
N. Congress, Austin: Monday, May 15, 2006 at 1:30 p.m. and Tuesday, May 23,
2006 at 1:30 p.m.
Description. The Texas Credit Enhancement Program (TCEP) received a $6.9
million grant from the US Department of Education (USDOE) to establish a credit
enhancement program for charter schools facilities funding. TCEP is a consortium
formed with the Resource Center for Charter Schools, the Texas Public Finance
Authority Charter School Finance Corporation (TPFA CSFC), and the Texas Education
Agency (TEA). The TPFA CSFC is a non-profit corporation created by the Board
of Directors of the Texas Public Finance Authority (TPFA), a state agency,
pursuant to §53.351 of the Texas Education Code. TPFA provides administrative
and staff support for the CSFC. The CSFC is the entity responsible for awarding
access to TCEP grant funds.
Dates of Project. Applications will be due by September 15, 2006 at 5:00
p.m. into the TPFA office at 300 West 15th Street, Suite 411, Austin, Texas,
78701.
Prior to submitting the application, the charter schools should work with
their financial advisors, bond counsel, and an underwriter to structure their
bond issue and prepare preliminary bond documents. These services will not
be provided by TCEP.
Project Amount. The TCEP will use the $6.9 million in Credit Enhancement
for Charter School Facilities grant funds, combined with a $100,000 TEA contribution,
to establish reserve funds for charter schools that are issuing municipal
bonds to finance the acquisition, construction, repair, or renovation of Texas
charter school facilities. Refinancing of facilities debt may be included
if it falls within federal program guidelines. The debt service reserve funds
will be held in the State treasury solely to provide security for repayment
of the bonds. The funds will not be provided directly to the approved charter
schools for construction.
Selection Criteria. Applications will be reviewed by consortium staff and
approved by the CSFC board. Approved charters will be notified in early 2007.
Requesting the Application. Preliminary copies of the TCEP application
will be distributed at the training sessions. An electronic version will be
available on the TPFA website (www.tpfa.state.tx.us) by approximately May
24, 2006.
Further Information. For additional information contact: Kim Edwards at
kim.edwards@tpfa.state.tx.us; Mary Perry at mary.perry@tea.state.tx.us; or
Patsy O'Neill at oneillp@texas.net.
TRD-200602362
Kimberly Edwards
Executive Director
Texas Public Finance Authority
Filed: April 27, 2006
Announcement of Application for State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas (commission) received an application
on April 27, 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 Phonoscope, Ltd. for a State-Issued
Certificate of Franchise Authority, Project Number 32654 before the Public
Utility Commission of Texas.
Applicant intends to provide cable service. The requested CFA service area
includes the counties of Harris (excluding the City of Houston), Fort Bend,
Galveston, Waller, Montgomery, and Brazoria.
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 32654.
TRD-200602441
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 2, 2006
On April 26, 2006, Connect I.T. 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 60691.
Applicant intends to reflect a change in its service area to include the entire
state of Texas.
The Application: Application of Connect I.T. for an Amendment to its Service
Provider Certificate of Operating Authority, Docket Number 32649.
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
May 17, 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 32649.
TRD-200602428
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 2, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on April 21, 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 Talk Now Telco for a Service Provider
Certificate of Operating Authority, Docket Number 32639 before the Public
Utility Commission of Texas.
Applicant intends to provide plain old telephone service and long distance
services.
Applicant's requested SPCOA geographic area includes the area of Texas
served by all incumbent local exchange companies.
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
May 17, 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 32639.
TRD-200602365
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 27, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on April 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 CURRENT Communications of Texas,
L.P. for a Service Provider Certificate of Operating Authority, Docket Number
32648 before the Public Utility Commission of Texas.
Applicant intends to provide private line communications.
Applicant's requested SPCOA geographic area includes the area served by
all incumbent local exchange companies.
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
May 17, 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 32648.
TRD-200602427
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 2, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on April 26, 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 Clearwire Telecommunications Services,
LLC for a Service Provider Certificate of Operating Authority, Docket Number
32650 before the Public Utility Commission of Texas.
Applicant intends to provide T1-Private Line, and DS1 or higher capacity
transport, special access and 911 access.
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
May 17, 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 32650.
TRD-200602429
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 2, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on April 27, 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 Access One Inc. for a Service Provider
Certificate of Operating Authority, Docket Number 32652 before the Public
Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame
Relay, Fractional T1, long distance and wireless services.
Applicant's requested SPCOA geographic area includes the entire State of
Texas.
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
May 17, 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 32652.
TRD-200602442
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 2, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on April 24, 2006, for an amendment to certificated
service area boundaries within Kerr County, Texas.
Docket Style and Number: Application of Bandera Electric Cooperative, Inc.
for a Certificate of Convenience and Necessity for Service Area Boundaries
within Kerr County. Docket Number 32642.
The Application: Bandera Electric Cooperative, Inc. (BEC) has been asked
to provide electric service to serve a small industrial park, Ranger Park,
near Center Point, Texas. A portion of the property is within BEC's territory
and a portion of the property is within the boundary for Kerrville Public
Utility (KPUB). BEC has existing three phase line in place to serve the industrial
park. KPUB is in full agreement with the territory amendment.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than May 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
32642.
TRD-200602366
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 27, 2006
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on April 27, 2006, for an amendment
to certificated service area boundaries within Real County, Texas.
Docket Style and Number: Application of Bandera Electric Cooperative, Inc.
for a Certificate of Convenience and Necessity for a Service Area Exception
within Real County. Docket Number 32653.
The Application: Bandera Electric Cooperative, Inc. (BEC) seeks to provide
service to a specific customer located within the certificated service area
of Pedernales Electric Cooperative, Inc. (PEC). PEC is in full agreement with
the service area exception. The estimated cost for the construction of approximately
3,200 feet of line is $11,000.
Persons wishing to comment on the action sought or intervene should contact
the Public Utility Commission of Texas no later than May 19, 2006 by mail
at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120
or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay
Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number
32653.
TRD-200602443
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 2, 2006
Notice is given to the public of a petition filed with the Public Utility
Commission of Texas on April 24, 2006, for telecommunications service in Texas
uncertified areas pursuant to P.U.C. Substantive Rule §26.421.
Docket Title and Number: Petition for Telecommunications Service in Texas
Uncertified Areas. Docket Number 32645.
The Application: Mark Siegler filed, on behalf of William T. and Barbara
B. Armstrong, a petition for telecommunications service in Texas uncertified
areas. The Applicant nominated candidates, DialToneServices, L.P. (DTS) and/or
CapRock Telephone Cooperative, Inc. to provide telephone service under this
petition.
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. 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 32645.
TRD-200602368
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 27, 2006
Notice is given to the public of a petition filed with the Public Utility
Commission of Texas (commission) on April 26, 2006, for telecommunications
service in Texas uncertified areas pursuant to P.U.C. Substantive Rule §26.421.
Docket Title and Number: Petition for Telecommunications Service in Texas
Uncertified Areas. Docket Number 32651.
The Application: Mark Siegler filed on behalf of Jane H. King a petition
for telecommunications service in Texas uncertified areas. The Applicant nominated
candidate DialToneServices, L.P. (DTS) and/or CapRock Telephone Cooperative,
Inc. to provide telephone service under this petition.
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. 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 32651.
TRD-200602430
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 2, 2006
Notice of Request for Proposals
The Texas 9-1-1 Alliance announces the issuance of a Request for Proposals
(RFP) for Validation Data Base (VDB), Emergency Services Zone Routing Data
Base (ERDB), and supporting equipment and services associated with the interim
architecture for Voice over Internet Protocol (VoIP) Enhanced 9-1-1 (E9-1-1)
and migration to Next Generation E9-1-1 services consistent with current and
evolving technical and industry standards. The immediate major purpose of
the VDB and ERDB is to enable and promote the use of the Master Street Address
Guide (MSAG) to obtain wireline E9-1-1 equivalency for nomadic VoIP E9-1-1
calls. While the immediate need for the solutions under the RFP is for Texas
9-1-1 Governmental Entities (9-1-1 Governmental Entities) seeking to accommodate
and better prepare for nomadic VoIP callers using the interim architecture
for VoIP E9-1-1, the ultimate solutions may also provide for the appropriate
transition to Next Generation E9-1-1 services and accommodate a wide variety
of calling devices and technologies.
The Texas 9-1-1 Alliance is an interlocal government administrative entity
formed under the Texas Interlocal Cooperation Act, and consists of Texas Health
and Safety Code Ann., Chapter 772 Emergency Communication Districts that serve
approximately fifty (50) percent of the population of the State of Texas.
Other 9-1-1 Governmental Entities are Regional Planning Commissions under
the jurisdiction of the Commission on State Emergency Communications (CSEC)
and grandfathered Home-Rule City Emergency Communication Districts operating
a 9-1-1 system prior to a certain statutory date.
The Texas 9-1-1 Alliance reserves the right to accept or reject any or
all proposals submitted. All proposals are subject to further negotiations
prior to the award of any contract associated with this RFP. The Texas 9-1-1
Alliance and participating 9-1-1 Governmental Entities are under no legal
or other obligation to execute a contract on the basis of this notice or the
distribution of an RFP. Neither this notice nor the RFP commits the Texas
9-1-1 Alliance and participating 9-1-1 Governmental Entities to pay for any
costs incurred prior to the execution of a contract from an award associated
with this RFP.
The relevant RFP dates are as follows:
RFP Release Date: April 28, 2006
Mandatory Pre-Bid Conference Date: May 31, 2006
Written Inquiry Deadline Date: June 6, 2006
RFP Response Deadline Date: July 14, 2006.
The RFP asks for proposals to specify proposed pricing by core functionality
and elements, and any alternative business arrangements that they may wish
to propose. The RFP also provides for the negotiation of a pre-deployment
pilot project, and a performance bond may be required from any successful
proposer(s).
A copy of the RFP may be downloaded from the Texas 9-1-1 Alliance website
at http://www.texas911alliance.org/bid.html. Parties interested in submitting
a proposal may obtain any additional information associated with release of
the RFP by contacting Richard Muscat at (210) 408-3911 and at the Bexar Metro
9-1-1 Network District, 911 Saddletree Court, San Antonio, Texas 78231-1532.
TRD-200602380
Greg Petrey
Secretary
Texas 9-1-1 Alliance
Filed: April 28, 2006
Request for Proposal for Financial Advisor
PURPOSE
The Texas A&M University System ("the A&M System") is requesting
proposals from firms to provide financial advisory services related to the
issuance of debt and arbitrage matters.
BACKGROUND OF THE TEXAS A&M UNIVERSITY SYSTEM
The A&M System comprises nine universities, seven state agencies, and
a health science center in Texas. Public bond issuance is conducted under
two main programs and is rated by at least two major rating agencies. Bonds
are issued under authority granted to the A&M System in Article VIII, §18
of the Texas Constitution (Permanent University Fund). The Permanent University
Fund utilizes a subordinate lien variable rate demand bond program in commercial
paper mode. This program, called the flexible rate note program, has an authorized
limit of $125 million and is frequently used to finance capital improvement
needs of the A&M System. Flexible rate notes are normally issued once
or twice each year. Currently, $5 million is issued and outstanding. Current
and advance refunding of Permanent University Fund bonds is conducted periodically
based on potential savings opportunities. Under authority granted in Chapter
55, Texas Education Code and Texas Civil Statutes, Articles 717k and 717q,
and other applicable laws, the A&M System also issues revenue bonds for
capital improvements. The A&M System employs a revenue debt program, which
offers a combined pledge of all legally available revenues with certain exceptions
(the Revenue Financing System). A commercial paper program is used for interim
financing with long-term fixed rate bonds sold to provide more permanent financing.
The commercial paper program is presently authorized up to $200 million. Currently,
$29.2 million is issued and outstanding. Current and advance refunding of
bonds and escrow restructures of previously defeased bonds, based on market
opportunities, may be expected. Evaluation of refunding opportunities presented
to the A&M System and developing management strategies for the conduct
of the debt program require a close working relationship with the Financial
Advisor.
TIME SCHEDULE
Two (2) copies of your proposal must be submitted by June 14, 2006 to:
Ms. Maria L. Robinson
Director of Treasury Services
The Texas A&M University System
200 Technology Way, Suite 1120
College Station, Texas 77845-3424
An authorized representative of the firm must execute the submitted proposal.
Proposals must be accurate and include complete information as required by
this request for proposal (RFP). Oral instructions or offers will not be considered.
Submitted proposals will be reviewed by The Texas A&M University System.
After the review, certain persons who have responded to the RFP may be requested
to answer questions or make further presentations. The decision naming a Financial
Advisor will be made on or before June 30, 2006. All respondents to this RFP
will be notified in writing of the A&M System's decision.
Information may be obtained by calling Maria L. Robinson or Gregory R.
Anderson at (979) 458-6330.
BASIS OF AWARD
The Texas A&M University System will make the selection for Financial
Advisor based upon demonstrated competence, experience, and qualifications
as well as the reasonableness of the proposed fee for services. The A&M
System will give first consideration to firms whose principal place of business
is located in Texas and to those firms with previous experience specifically
related to college or university systems.
The A&M System reserves the right to negotiate individual elements
of the Financial Advisor's proposal and to reject any and all proposals.
SCOPE OF SERVICES
The Financial Advisor is to be responsible for all duties and services
necessary or advisable to facilitate the issuance of bonds, notes, and commercial
paper. Also, the Financial Advisor will be responsible for advising the A&M
System as related to arbitrage issues as well as performing necessary arbitrage
calculations. The contract term will be negotiated with the selected Financial
Advisor in accordance with State regulations and System policy.
DESCRIPTION OF SERVICES
The Financial Advisor will perform the following services:
1. Consult with A&M System staff, bond counsel, and others to schedule
and facilitate the authorization, sale, and delivery of bonds, notes, and
commercial paper.
2. Assist the A&M System in developing and/or revising policies related
to the issuance of debt.
3. Advise the A&M System on the feasibility of financings and the proper
structure to insure the most advantageous issuance and to achieve the lowest
cost to the A&M System, while meeting special requirements of tuition
revenue bond projects and other capital improvement projects.
4. Prepare preliminary and final Official Statements, Notice of Sale and
Bidding Instructions, and Office Bid forms; print such documents; and deliver
such documents as appropriate.
5. Assist the A&M System bond counsel with the preparation of a bond
resolution and other proceedings by performing and providing calculations
related to the authorization, sale, and delivery of bonds, notes, and commercial
paper.
6. Advise the A&M System of current market conditions, upcoming bond
issues, economic data, and other information which may affect interest rates
or bidding conditions to assist in the determination of a sale date for bonds,
notes, or commercial paper.
7. Communicate with and make presentations to nationally recognized rating
agencies along with A&M System staff to achieve favorable ratings on bonds
to be issued and previously issued bonds.
8. Assist the A&M System staff in the evaluation of bids for competitive
issues to include checking the bids for accuracy, providing an evaluation
of bids, and recommending the best bid.
9. Compile a list of qualified underwriters for a negotiated sale to include
evaluating presentations made by such underwriters, drafting a request for
information (if needed), and sharing other information that will assist the
A&M System Staff in choosing an underwriter or underwriting team.
10. Handle the bidding process for paying agent and escrow agent services
for bond issues.
11. Pay debt issuance costs from debt proceeds allocated for that purpose
as approved by the A&M System. Provide an accounting of issuance costs
and return unused debt proceeds.
12. Attend meetings with the A&M System staff, the Board of Regents,
the Texas Bond Review Board, rating agencies, or others as requested.
The Financial Advisor will be paid for its services on a per bond price
basis. There will be no additional compensation for routine consultations
on matters related to debt management including, but not limited to, rating
agency and dealer relationships, paying agent relationships, comparative bond
issue data, market trends and conditions, and special legislation. The Financial
Advisor will be reimbursed for reasonable out-of-pocket expenses associated
with the issuance of debt, subject to the approval of representatives of the
A&M System. Payment will be made from debt proceeds at the time of settlement.
Charges related to arbitrage calculations will be paid separately upon completion
of the calculations.
RFP SUBMISSIONS
It is recommended that your proposal include the following:
1. Provide a brief description of your firm, its history, and general experience.
2. List previous financial advisor or financial consultant experience within
the State of Texas, with particular emphasis on Texas systems and university
issues. Indicate in what capacity your firm served.
3. Name the individuals and provide resumes for those individuals who would
be assigned to act as Financial Advisor(s) to the A&M System. Please indicate
the role the individuals assumed in Financial Advisor relationships. Indicate
their particular expertise and how it would benefit the A&M System.
4. Outline of the firm's general experience during the past five years
with the major rating agencies.
5. Include the financial advisory fee based on a per $1,000 debt basis.
Also include other forms and amounts of compensation with an explanation of
the charges, if applicable.
6. Discuss the management philosophy of the firm as it relates to the control
of fees and expenses and allowances for non-billable time.
7. Discuss the firm's experience as related to arbitrage calculations and
issues.
8. Provide any other information about the firm that you feel is relevant
to the consideration of your firm being chosen as Financial Advisor.
COST INCURRED IN RESPONDING
All costs directly or indirectly related to preparation of a response to
this RFP or any presentations required to supplement and/or clarify the RFP
which may be required by the A&M System shall be the sole responsibility
of your firm.
RELEASE OF INFORMATION
Information submitted relative to this request shall not be released by
the A&M System during the proposal evaluation process or prior to contract
award.
OPEN RECORDS
All proposals shall be deemed, once submitted, to be the property of The
Texas A&M University System and subject to the Public Information Act,
Chapter 552 of the Texas Government Code.
TRD-200602476
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University, Board of Regents
Filed: May 3, 2006
Aviation Division - Request for Proposal for Professional Services
In the April 28, 2006 issue of the
Texas Register
(31 TexReg 3646), the Texas Department of Transportation (TxDOT) published
an Aviation Division - Request for Proposal for Professional Services. The
type of form available from TxDOT has been clarified. The following public
notice is re-published with the clarification.
The City of Marfa, through its agent the Texas Department of Transportation
(TxDOT), intends to engage an aviation professional services firm for services
pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division
will solicit and receive proposals for professional services as described
below:
Airport Sponsor: The City of Marfa, Marfa Municipal Airport. TxDOT CSJ
No. 0624MARFA. Scope: Engineering and design services for the reconstruction
of a portion of Taxiway B and to create a Terminal Area Layout Update. Future
work in the next five years may include construction of a hangar access taxiway
and other elements as needed for the Marfa Municipal Airport.
The HUB goal is set at 0%. TxDOT Project Manager is Sandra Gaither.
Interested firms shall utilize the Form AVN-550, titled "Professional 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
www.dot.state.tx.us/business/avnconsultinfo.htm
. 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
:
Five 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 June 6, 2006, 4:00 p.m.
Electronic facsimiles or forms sent by email will not be accepted. Please
mark the envelope of the forms to the attention of Sheri Quinlan.
The consultant selection committee will be composed of TxDOT Aviation Division
staff 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 planning 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 Sheri Quinlan, Grant
Manager, or Sandra Gaither, Project Manager for technical questions at 1-800-68-PILOT
(74568).
TRD-200602414
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 1, 2006
The Texas Department of Transportation (department) will conduct a public
hearing to receive comments concerning changes to the minimum vehicle liability
insurance requirements for motor vehicles with a gross weight under 26,000
pounds that are used to transport household goods for compensation. The department
will use the information obtained during the hearing to propose amendments
to 43 TAC §18.16, Insurance Requirements.
The public hearing will be held on Tuesday, May 23, 2006, at 9:00 a.m.,
in the first floor hearing room of the Dewitt C. Greer State Highway Building,
125 E. 11th Street, Austin, Texas. The hearing will be held in accordance
with the procedures specified in 43 TAC §1.5. Any interested person may
appear and offer comments, either orally or in writing; however, questioning
of those making presentations will be reserved exclusively to the presiding
officer as may be necessary to ensure a complete record. While any person
with pertinent comments or testimony to the issue will be granted an opportunity
to present them during the course of the hearing, the presiding officer reserves
the right to restrict testimony in terms of time and repetitive comment. Organizations,
associations, or groups are encouraged to present their commonly-held views,
and same or similar comments, through a representative member where possible.
Presentations must remain pertinent to the issue being discussed. A person
may not assign a portion of his or her time to another speaker. Persons with
disabilities who plan to attend the hearing and who may need auxiliary aids
or services such as interpreters for persons who are deaf or hearing impaired,
readers, large print or Braille, are requested to contact Randall Dillard,
Director, Public Information Office, 125 E. 11th St., Austin, Texas 78701-2383,
(512) 463-8588, at least two working days prior to the hearing so that appropriate
arrangements can be made.
Written comments may be submitted to the Texas Department of Transportation,
Attention: Carol Davis, Director, Motor Carrier Division, 125 East 11th Street,
Austin, Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m.
on Friday, May 26, 2006.
TRD-200602439
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 2, 2006
The Texas Department of Transportation (TxDOT) announces a Request for
Proposal (RFP) for private consultant services pursuant to Government Code,
Chapter 2254, Subchapter B. The term of the contract will be from project
initiation to approximately 3 years later. The Finance Division (division)
of TxDOT will administer the contract. The RFP will be released on May 12,
2006 and is contingent upon the finding of fact from the Governor's Office.
Purpose: The department expects to enter into transportation project development
agreements over the course of the next three to five years. The project delivery
methods will likely include comprehensive development agreements and other
public/private partnerships. The department requires advice in determining
and evaluating the appropriate types and levels of insurance coverage associated
with the development of these transportation projects (including, but not
limited to, highway, toll roads, transit, rail, intermodal, and other related
transportation facilities) through these and other project delivery methods
that may be proposed. There will be multiple projects, each with a separate
development schedule, for which the department will seek advice on insurance
matters. The types of insurance coverage for each project are expected to
include, at a minimum, builder's risk and casualty, commercial general liability,
automobile liability, pollution liability, professional liability, worker's
compensation, fidelity and crime, marine cargo, and business interruption.
Eligible Applicants: Eligible applicants include, but are not limited to,
insurance advisors that provide private consulting services.
Program Goal: The completion of a report that documents insurance requirements
for comprehensive development agreements and other public private partnerships.
Review and Award Criteria: Each application will first be screened for
completeness and timeliness. Proposals that are deemed incomplete or arrive
after the deadline will not be reviewed. A team of reviewers from the division
will evaluate the proposals as to the private consultant's competence, knowledge,
and qualifications and as to the reasonableness of the proposed fee for the
services. The criteria and review process are further described in the RFP.
Deadlines: TxDOT must receive proposals prepared according to instructions
in the RFP package at or before June 12, 2006, 5:00 p.m.
To Obtain a Copy of the RFP: Requests for a copy of the RFP should be submitted
to José Hernández, Texas Department of Transportation, Finance
Division, 125 East 11th Street, Austin, Texas 78701-2483. Telephone (512)
463-4328. Fax (512) 936-2727. Copies will also be available on TxDOT's Finance
Division web page at
http://www.dot.state.tx.us/fin/contract/request.htm
or
http://www.dot.state.tx.us
, Select
About TxDOT, Divisions & Offices, Finance Division, Request for Proposals/Qualifications.
TRD-200602440
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 2, 2006
Office of the Attorney General
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Contract Award
Office of Consumer Credit Commissioner
Texas Education Agency
Texas Commission on Environmental Quality
Notice of a Public Hearing on Proposed Revisions to Chapter 116 and to the State Implementation Plan
Notice of Executive Director's Response to Public Comments on General Permit Number TXG920000
Notice of Water Quality Applications
Proposed Agreed Orders
Proposal for Decision (Gas Mart)
Proposal for Decision (Garcia)
General Land Office
Texas Health and Human Services Commission
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer
Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer
Notice of Reconvening of 2004 Texas Title Insurance Biennial Hearing - Ratemaking Phase
Texas Lottery Commission
Instant Game Number 674 "Poker Royale"
Instant Game Number 727 "Golden Ticket"
Texas Public Finance Authority
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application to Amend Certificated Service Area Boundaries in Kerr County, Texas
Notice of Application to Amend Certificated Service Area Boundaries in Real County, Texas
Notice of Request for Eligible Telecommunications Provider for Uncertificated Areas Pursuant to P.U.C. Substantive Rule §26.421
Notice of Request for Eligible Telecommunications Provider for Uncertificated Areas Pursuant to P.U.C. Substantive Rule §26.421
Texas 9-1-1 Alliance
Texas A&M University, Board of Regents
Texas Department of Transportation
Public Hearing Notice - Household Goods Carrier's Vehicle Liability Insurance Requirements
Request for Proposal - Private Consultant Services
The University of Texas System