Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of June 1, 2007, through June 7, 2007. 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 this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on June 13, 2007. The public comment period for this project will close at 5:00 p.m. on July 13, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: Robert Stoeckmann; Location: The projects are located on the Matagorda Bay shoreline near the intersection of South Ocean Drive and Stoeckmann Drive, and on Powder Horn Lake on the north side of Stoeckmann Drive, approximately 0.15 mile west of its intersection with Ocean Drive South, in Indianola, Calhoun County, Texas. The project sites can be located on the U.S.G.S. quadrangle map entitled: Keller Bay, Texas. Approximate UTM Coordinates in NAD 27 (meters), respectively, are: Zone 14, Easting - 745000, Northing - 3156500; and Zone 14, Easting - 745714, Northing - 3156625. Project Description: The applicant proposes to retain a total of 0.52 acre of fill placed without a permit. The unauthorized fill consists of 0.08 acre of soil placed in non-tidal wetlands adjacent to Powder Horn Lake and 0.44 acre of riprap material placed on eroding shoreline of Matagorda Bay (0.04 subject to seasonal tide, 0.4 subject to daily tide). As mitigation for these fills, the applicant proposes to enhance nearby wetlands adjacent to Powder Horn Lake by removing 5,507 square feet of salt cedar trees and excavating 7,588 square feet of old road bed down to surrounding wetland elevations. Trees would be removed to an upland area and burned and excavated material (approximately 1,000 cubic yards) would be placed into an upland disposal area as shown in the plans. The area would be inspected for 3 years to verify success for the salt cedar removal. CCC Project No.: 07-0193-F1; Type of Application: U.S.A.C.E. permit application #24494 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: The Preserve at Mustang Island; Location: The project is located on the north side of Zahn Road, at the intersection of Zahn Road and State Highway 361, approximately 0.3 mile north of Packery Channel Bridge, in Corpus Christ, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Crane Islands SW, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 677000; Northing: 3056300. Project Description: The applicant proposes to construct a single-family residential and multi-family condominium neighborhood to include amenities and retail shops within an approximate 137-acre tract of land. There would be six storm-water outfalls constructed to facilitate the dissipation and conveyance of storm-water from the neighborhood. This includes three storm sewer outfalls constructed in association with the storm-water grassy swales. Approximately 52% of the development run-off would be diverted through the swales. These swales would help filter, detain, and percolate storm-water. The outfalls would have diffuser blocks and a rock apron that would further slow down storm-water runoff and aid percolation of water into the surrounding area. Approximately 4.33 acres of upper marsh wetlands with fresh and brackish water wetlands would be filled by the proposed work. Fill for some home and condo sites would be placed in 3.45 acres of wetlands, with 0.35 acre of wetlands to be filled for some streets. A portion of the proposed grassy swales and a portion of two of the storm sewer outfalls would require the placement of fill into 0.53 acre of wetlands. No tidal wetlands, sand flats or algal flats would be filled for the proposed project. The construction of the project would be completed by mechanical means utilizing predominantly on-site materials to grade the site to appropriate elevations for flood, drainage, and erosion control. Site grading would also be done to complete dune mitigation. If needed, off-site fill material of similar size, shape and consistency would also be used. Silt fencing would be used around the construction and wetland areas, and mulch and hay bales would be placed in graded areas for control of rainfall run-off to prevent erosion and control wind-blown sand. As compensation for the proposed impacts, the applicant proposes to scrape-down 1.68 acres of on-site uplands to a suitable elevation for wetland plants to revegetate the area. Some post-construction monitoring would be done to ensure that proper elevations are reached and that natural revegetation is occurring. In addition, the applicant proposes to preserve 63.58 acres of on-site wetlands with either a conservation easement and/or deed restrictions. An additional 5.43 acres of tidal waters and lagoons tidally connected to Corpus Christi Bay, and interspersed within the on-site wetlands to be preserved, would not be impacted by the proposed project. CCC Project No.: 07-0200-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-690 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200702374
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: June 12, 2007
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, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/18/07 - 06/24/07 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/18/07 - 06/24/07 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-200702369
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 12, 2007
The Court of Criminal Appeals announces the availability of funds to be provided in the form of grants to entities for the purpose of providing continuing legal education courses, programs, and technical assistance projects for: prosecutors, prosecutor office personnel, criminal defense attorneys who regularly represent indigent defendants in criminal matters, clerks, judges, and other court personnel of the appellate courts, district courts, county courts at law, county courts, justice courts and municipal courts of this State, or other persons as provided by statute. Funds are subject to the provisions of Chapter 56 of the Texas Government Code and the General Appropriations Bill (House Bill 1) 80th Legislature, Regular Session. The grant period is September 1, 2007 through August 31, 2008. The deadline for applications is July 20, 2007.
Applicants may request an application packet by phone, mail, or in person. The phone number is (512) 475-2312, and the address is: Court of Criminal Appeals, Judicial Education Program, 201 West 14th Street, Austin, Texas 78701.
The Court of Criminal Appeals also announces the availability of $150,000 in funding to be provided in the form of grants to entities for the purpose of providing continuing legal education courses, programs, and technical assistance projects on actual innocence for: criminal defense attorneys, prosecuting attorneys, judges, law enforcement officers, law students, bailiffs, constables, warrant officers, or other persons as provided by statute. Funds are subject to the provisions of Chapter 56 of the Texas Government Code and the General Appropriations Bill (House Bill 1) 80th Legislature, Regular Session, Article IV, page IV-6, rider 8. The grant period is September 1, 2007 through August 31, 2008. The deadline for applications is July 20, 2007.
Applicants may request an application packet by phone, mail, or in person. The phone number is (512) 475-2312, and the address is: Court of Criminal Appeals, Judicial Education Program, 201 West 14th Street, Austin, Texas 78701.
TRD-200702413
Louise Pearson
Clerk of the Court
Court of Criminal Appeals
Filed: June 13, 2007
Notice of Correction: Request for Applications Concerning the Career and Technical Education State Leadership Projects
The Texas Education Agency (TEA) published Request for Application (RFA) #701-07-108 concerning the Career and Technical Education State Leadership Projects in the March 30, 2007, issue of the Texas Register (32 TexReg 1926).
The TEA is amending the dates of the project. Applicants should plan for a starting date of no earlier than September 1, 2007, and an ending date of no later than August 31, 2008. This correction reflects a change from the original starting date of July 1, 2007, and the original ending date of July 31, 2008.
The TEA is also amending the deadline for receipt of applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, August 2, 2007, to be considered for funding. This correction reflects a change from the original deadline date of Thursday, May 10, 2007.
Further Information. For clarifying information about the RFA, contact Kathy Mihalik, Division of Discretionary Grants, TEA, (512) 463-9269.
TRD-200702410
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: June 13, 2007
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. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 23, 2007. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission’s jurisdiction or the commission’s orders and permits issued in accordance with the commission’s regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 23, 2007. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Church Hill Water Supply Corporation; DOCKET NUMBER: 2007-0151-PWS-E; IDENTIFIER: RN101205136; LOCATION: Rusk County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 Texas Administrative Code (TAC) §290.45(b)(1)(C)(i) and Texas Health & Safety Code (THSC), §341.0315(c), by failing to provide a well capacity of 0.6 gallons per minute per connection; 30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.43(c)(8), by failing to maintain the storage tanks in accordance with American Water Works Association standards; and 30 TAC §290.46(m), by failing to maintain the housing for the gas chlorination equipment in good working condition; PENALTY: $1,207; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(2) COMPANY: City of Cranfills Gap; DOCKET NUMBER: 2005-1134-MWD-E; IDENTIFIER: RN101916492; LOCATION: Cranfills Gap, Bosque County, Texas; TYPE OF FACILITY: domestic wastewater system; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollution Discharge Elimination System (TPDES) Permit Number WQ0014169001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a), by failing to meet total suspended solids (TSS) and total chlorine residual effluent limitations; 30 TAC §305.125(17) and TPDES Permit Number WQ0014169001, Sludge Provisions, by failing to submit the annual sludge report; 30 TAC §305.125(1) and TPDES Permit Number WQ0014169001, Operational Requirements, Number 1, by failing to ensure that the facility and all its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §317.4(a)(8) and §317.7(i), by failing to have a backflow prevention device tested annually; 30 TAC §319.11(c) and TPDES Permit Number WQ0014169001, Monitoring and Reporting Requirements, Number 5, by failing to install a measuring device that is capable of accurately measuring the actual flow range; 30 TAC §305.125(1), TPDES Permit Number WQ0014169001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; 30 TAC §305.125(9)(A) and TPDES Permit Number WQ0014169001, Monitoring and Reporting Requirements Number 7(a), by failing to orally notify the TCEQ of an unauthorized discharge; and 30 TAC §312.141(a) and TPDES Permit Number WQ0014169001, Sludge Provisions, Section I.A., by failing to ensure that the transporter of sludge from the waste water treatment facility had authorization from the TCEQ to handle and dispose of sewage sludge; PENALTY: $15,200; ENFORCEMENT COORDINATOR: Jessica Rhodes, (512) 239-2879; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: Explorer Pipeline Company; DOCKET NUMBER: 2007-0503-AIR-E; IDENTIFIER: RN101954394; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum storage and distribution plant; RULE VIOLATED: 30 TAC §101.201(a)(1)(A) and (a)(1)(B) and (c), §122.143(4), Federal Operating Permit (FOP) O-2780, General Terms and Conditions, Special Condition 2(F), and THSC, §382.085(b), by failing to determine if the emissions event was reportable, timely reporting an emissions event, and submitting a final report; and 30 TAC §§101.20(1), 116.115(b)(2)(F) and (c), and 122.143(4), New Source Review (NSR) Permit Number 36100, Special Condition 1, FOP O-2780, General Terms and Conditions, Special Conditions 1A and 12A, 40 Code of Federal Regulations (CFR) §60.112b(a)(2)(i)(B)(iii), and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limits and to properly operate a floating roof storage tank; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Jason Kemp, (512) 239-5610; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Flint Hills Resources, LP; DOCKET NUMBER: 2007-0297-AIR-E; IDENTIFIER: RN100235266; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a), Air Permit Numbers 8803A and PSD-TX-413M8, Special Condition ("SC") 1, and THSC, §382.085(b), by failing to prevent an unauthorized emissions event; PENALTY: $12,150; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(5) COMPANY: City of Lefors; DOCKET NUMBER: 2007-0659-MWD-E; IDENTIFIER: RN102184546; LOCATION: Lefors, Gray County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10411001, Final Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; PENALTY: $2,280; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(6) COMPANY: City of Mertens; DOCKET NUMBER: 2007-0331-MWD-E; IDENTIFIER: RN101407815; LOCATION: Hill County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13271001, Effluent Limitations and Monitoring Requirement Numbers 1 and 3, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; and 30 TAC §305.125(17) and TPDES Permit Number 13271001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $5,100; Supplemental Environmental Project (SEP) offset amount of $4,080 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(7) COMPANY: Parker-Hannifin Corporation; DOCKET NUMBER: 2007-0232-AIR-E; IDENTIFIER: RN102914033; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: fluoroplastic tubing manufacturer; RULE VIOLATED: 30 TAC §116.115(c), Air NSR Permit Number 46721, Special Conditions Number 8D, and THSC, §382.085(b), by failing to maintain or have readily available the monthly reports of average daily and rolling 12-month emissions for the catalytic oxidizer; 30 TAC §116.115(c), Air NSR Permit Number 4671, Special Condition Number 7B, and THSC, §382.085(b), by failing to maintain the temperature monitor in good working order; and 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization for a source of emissions; PENALTY: $3,672; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: SNSSS Enterprises, Inc. dba Blalock Food Mart; DOCKET NUMBER: 2006-2024-PST-E; IDENTIFIER: RN101466712; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; 30 TAC §334.45(c)(3)(A), by failing to properly install and maintain a secure anchor at the base of each UL-listed emergency shutoff valve; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide proper corrosion protection for the UST system; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; and 30 TAC §339.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; PENALTY: $10,625; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Texas H2O, Inc.; DOCKET NUMBER: 2007-0323-MWD-E; IDENTIFIER: RN101702397; LOCATION: Hood County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013786001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; and 30 TAC §305.125(17) and TPDES Permit Number WQ0013786001, Sludge Provisions, by failing to timely submit the annual sludge report; PENALTY: $6,929; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Velta Homes, Inc.; DOCKET NUMBER: 2007-0246-WQ-E; IDENTIFIER: RN105150916; LOCATION: Ovilla, Ellis County, Texas; TYPE OF FACILITY: construction site for a single family housing development; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; and 30 TAC §205.6 and the Code, §5.702, by failing to pay general permit storm water fees; PENALTY: $2,000; Supplemental Environmental Project (SEP) offset amount of $800 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200702375
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 12, 2007
Notices issued June 7, 2007.
TCEQ Docket No. 2007-0498-DIS; The Texas Commission on Environmental Quality (TCEQ) will conduct a hearing on an application for dissolution (Application) of Fort Bend County Municipal Utility District No. 101 (District). The Application was filed with the TCEQ and included a petition from Union Pacific Railroad Company, which is an owner of property located within the District. The TCEQ will conduct this hearing under the authority of Chapters 49 and 54 of the Texas Water Code (TWC), Title 30, Chapter 293 of the Texas Administrative Code (TAC) and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at: 9:30 a.m., Wednesday, August 22, 2007, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. The District was created by the Texas Water Commission, predecessor to the Texas Commission on Environmental Quality, on March 9, 1988 and organized under the terms and provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code. The District contains 426.6 acres of land within Fort Bend County Texas. Pursuant to 30 TAC §293.131, the petition filed with the Application states that dissolution is desirable and necessary because the District is not required for the development of land within its boundaries.
TCEQ Docket No. 2007-0499-DIS; The Texas Commission on Environmental Quality (TCEQ) will conduct a hearing on an application for dissolution (Application) of Fort Bend County Municipal Utility District No. 102 (District). The Application was filed with the TCEQ and included a petition from Union Pacific Railroad Company, which is an owner of property located within the District. The TCEQ will conduct this hearing under the authority of Chapters 49 and 54 of the Texas Water Code (TWC), Title 30, Chapter 293 of the Texas Administrative Code (TAC) and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at: 9:30 a.m., Wednesday, August 22, 2007, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. The District was created by the Texas Water Commission, predecessor to the Texas Commission on Environmental Quality, on March 9, 1988 and organized under the terms and provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code. The District contains 453.1 acres of land within Fort Bend County Texas. Pursuant to 30 TAC §293.131, the petition filed with the Application states that dissolution is desirable and necessary because the District is not required for the development of land within its boundaries.
TCEQ Docket No. 2007-0500-DIS; The Texas Commission on Environmental Quality (TCEQ) will conduct a hearing on an application for dissolution (Application) of Fort Bend County Municipal Utility District No. 103 (District). The Application was filed with the TCEQ and included a petition from Union Pacific Railroad Company, which is an owner of property located within the District. The TCEQ will conduct this hearing under the authority of Chapters 49 and 54 of the Texas Water Code (TWC), Title 30, Chapter 293 of the Texas Administrative Code (TAC) and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at: 9:30 a.m., Wednesday, August 22, 2007, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. The District was created by the Texas Water Commission, predecessor to the Texas Commission on Environmental Quality, on March 9, 1988 and organized under the terms and provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code. The District contains 405.9 acres of land within Fort Bend County Texas. Pursuant to 30 TAC §293.131, the petition filed with the Application states that dissolution is desirable and necessary because the District is not required for the development of land within its boundaries.
TCEQ Docket No. 2007-0501-DIS; The Texas Commission on Environmental Quality (TCEQ) will conduct a hearing on an application for dissolution (Application) of Fort Bend County Municipal Utility District No. 104 (District). The Application was filed with the TCEQ and included a petition from Union Pacific Railroad Company, which is an owner of property located within the District. The TCEQ will conduct this hearing under the authority of Chapters 49 and 54 of the Texas Water Code (TWC), Title 30, Chapter 293 of the Texas Administrative Code (TAC) and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at: 9:30 a.m., Wednesday, August 22, 2007, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas. The District was created by the Texas Water Commission, predecessor to the Texas Commission on Environmental Quality, on March 9, 1988 and organized under the terms and provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code. The District contains 340.8 acres of land within Fort Bend County Texas. Pursuant to 30 TAC §293.131 the petition filed with the Application states that dissolution is desirable and necessary because the District is not required for the development of land within its boundaries.
INFORMATION SECTION. The petitions filed with the four above applications state that the Districts: (1) have not performed any of the functions for which they were created for five consecutive years preceding the date of the applications, (2) are financially dormant, and (3) have no outstanding bonded indebtedness. Affidavits from the State Comptroller of Public Accounts were included in the applications certifying that these Districts have no bonded indebtedness.
Pursuant to TWC §49.327, if a request for dissolution is approved, the District's assets, if any, will escheat to the State of Texas and will be administered by the State Comptroller of Public Accounts and disposed of in the manner provided by Chapter 74 of the Texas Property Code.
The purpose of this hearing is to provide all interested persons the opportunity to appear and offer testimony for or against the proposal contained in the Application. At the hearing, pursuant to TWC §49.324, the TCEQ will determine if the District should be dissolved.
For information regarding the date and time this application will be heard before the Commission, please submit written inquiries to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087, or by phone at (512) 239-3300. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team at (512) 239-4691. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al (512) 239-0200. Persons with disabilities who plan to attend this hearing and who need special accommodations at the hearing should call the TCEQ Office of Public Assistance at 1-800-687-4040 or 1-800-RELAY-TX (TDD) at least one week prior to the hearing.
TRD-200702409
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 13, 2007
The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) hereby issues public notice of intent to perform a removal action, as provided by Texas Health and Safety Code (THSC), §361.133, for the Cass County Treating Company state Superfund site (the site). The site is comprised of approximately 17 acres located at 304 Hall Road in Linden, Cass County, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.
Wood treating operations were conducted at the site from the 1960(s to 2004. The contaminants of concern at the site include cadmium, chromium, creosote constituents, dieldrin, endrin, lead, mercury, napthalene, and pentachlorophenol (PCP). One or more of these contaminants have been found in soil, sediments, and groundwater at the site.
The site is proposed for listing under THSC, Chapter 361, Subchapter F. The immediate action is appropriate to remove a source of contamination to surface water and groundwater and to protect human health and the environment. A removal can be completed without extensive investigation and planning and will achieve a significant cost reduction for the site. The remedial objectives of the site can be furthered through a technically uncomplicated removal action. The removal action will consist of the removal and disposal of chemical storage tanks and their contents, waste drums and their contents, sumps, contaminated concrete, and dilapidated structures that would impede future investigations and present physical hazards to site workers.
A portion of the records for this site is available for review during regular business hours at the Atlanta Public Library, 101 West Hiram, Atlanta, Texas 75551 (telephone: (903) 796-2112). Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.
For further information, please contact Omar Valdez, TCEQ Project Manager, Remediation Division, at 1-800-633-9363, extension 6858, or Bruce McAnally, TCEQ Community Relations Coordinator, at 1-800-633-9363, extension 2141.
TRD-200702372
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 12, 2007
The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) hereby issues public notice of intent to perform a removal action, as provided by Texas Health and Safety Code (THSC), §361.133, for the Tenaha Wood Treating state Superfund site (the site). The site is comprised of approximately six acres and is located south of the city limits of Tenaha, at 275 County Road 4382 in Shelby County, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.
Wood treating operations were conducted at the site from approximately 1970 to 1985. The contaminants of concern in soil and sediments at the site include arsenic, chromium, copper, dioxins, and pentachlorophenol (PCP).
The site is proposed for listing under THSC, Chapter 361, Subchapter F. The immediate action is appropriate to remove contaminated soil that is an ongoing source of contamination to surface water, and is appropriate to protect human health and the environment. A removal can be completed without extensive investigation and planning and will achieve a significant cost reduction for the site. The remedial objectives of the site can be furthered through a technically uncomplicated removal action. The removal will consist of the excavation and disposal of contaminated soils from the former process areas and areas of known contamination.
A portion of the records for this site is available for review during regular business hours at the Fannie Brown Booth Memorial Library, 619 Tenaha Street, Center, Texas 75935, telephone (936) 598-5522.
The complete public file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking is available for persons with disabilities on the east side of Building D, convenient to access ramps that are between Buildings D and E.
For further information, please contact Omar Valdez, TCEQ Project Manager, Remediation Division, at 1-800-633-9363, extension 6858, or Crystal Taylor, Community Relations Coordinator, at 1-800-633-9363, extension 3844.
TRD-200702373
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 12, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 23, 2007. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 23, 2007. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.
(1) COMPANY: Blacksher Development Corporation; DOCKET NUMBER: 2006-0517-MWD-E; TCEQ ID NUMBER: RN101263101; LOCATION: 3900 feet northwest of the intersection of Highway 62 and Highway 87, Orange, Orange County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(5); Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13691001, Operation Requirements No. 1; and Texas Water Code (TWC), §26.121(a), by failing to ensure that all systems of collection, treatment, and disposal were properly operated and maintained; 30 TAC §305.125(5); §317.3(b)(1), (b)(3), and (e)(5); TPDES Permit No. 13691001, Operation Requirements No. 1, by failing to ensure that all systems of collection, treatment, and disposal were properly operated and maintained; 30 TAC §305.125(5) and §317.4(g)(4)(B)(iii); and TPDES Permit No. 13691001, Operation Requirements No. 1, by failing to ensure that all systems of collection, treatment, and disposal were properly operated and maintained; 30 TAC §305.125(1) and TPDES Permit No. 13691001, Monitoring and Reporting Requirements No. 7(c), by failing to submit noncompliance notifications to the TCEQ for effluent violations which deviated from the permitted effluent limitations by more than forty percent; 30 TAC §305.125(5) and TPDES Permit No. 13691001, Operation Requirements No. 1, by failing to ensure that all systems of collection, treatment, and disposal were properly operated and maintained; 30 TAC §305.125(11)(B) and TPDES Permit No. 13691001, Sludge Provisions Section III No. G., by failing to timely submit the annual sludge report to the TCEQ by September 1st of each year; 30 TAC §305.125(5) and §317.7(e); and TPDES Permit No. 13691001, Operation Requirements No. 1., by failing to properly secure the wastewater treatment plant; 30 TAC §319.7(d); TPDES Permit No. 13691001, Monitoring and Reporting Requirements No. 1; and TWC, §26.121(a), by failing to timely submit discharge monitoring reports by the 20th day of the following month; 30 TAC §319.11(c) and TPDES Permit No. 13691001, Monitoring and Reporting Requirements No. 2, by failing to properly analyze effluent samples for total chlorine residual; 30 TAC §305.125(1); TPDES Permit No. 13691001, Effluent Limitations and Monitoring Requirements No. 1; and TWC, §26.121(a), by failing to comply with its permitted effluent limits; and 30 TAC §305.125(9)(A) and TPDES Permit No. 13691001, Monitoring and Reporting Requirements No. 7(a), by failing to submit noncompliance notification to the TCEQ for an unauthorized discharge from the Greenwig lift station that occurred on February 11, 2006; PENALTY: $29,577; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(2) COMPANY: Dan Park dba U.S.A. Dry Cleaners; DOCKET NUMBER: 2006-1320-DCL-E; TCEQ ID NUMBER: RN104408943; LOCATION: 11819 Preston Road, Dallas, Dallas County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.11(e), and Texas Health and Safety Code (THSC), §374.102, by failing to renew the facility’s registration by completing and submitting the required registration form to the TCEQ for a dry cleaning drop station facility; 30 TAC §337.14(c), and TWC, §5.702, by failing to pay outstanding dry cleaner fees for TCEQ Financial Account No. 24002784 for Fiscal Year 2006; PENALTY: $1,185; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Grayson Flying Service, Inc. dba Voyager Air Center; DOCKET NUMBER: 2005-0270-PST-E; TCEQ ID NUMBER: RN101563856; LOCATION: 5318 Airport Drive, Denison, Grayson County, Texas; TYPE OF FACILITY: flight and instruction service; RULES VIOLATED: 30 TAC §334.74, by failing to investigate and remediate a release from aboveground storage tanks at the facility; and 30 TAC §334.129(a), by failing to submit a required initial report or correspondence discussing remediation of fuel released at the facility; PENALTY: $22,500; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Pinglia and Associates Investment, L.L.C. dba Happy Food Mart; DOCKET NUMBER: 2005-1295-PST-E; TCEQ ID NUMBER: RN101867547; LOCATION: 3602 South Shaver Street, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily harm and property damage caused by accidental releases arising from the operation of underground storage tanks for the period December 3, 2002 - December 3, 2003; PENALTY: $2,100; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(5) COMPANY: Vance E. Gifford dba Giffords Cleaners; DOCKET NUMBER: 2006-1049-DCL-E; TCEQ ID NUMBERS: RN103955860 and RN103955811; LOCATION: 4848 Rittiman Road (drop station facility), and 1870 South W.W. White Road, San Antonio, Bexar County, Texas (dry cleaning facility); TYPE OF FACILITY: dry cleaning facility and drop station facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the drop station facility’s registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the dry cleaning facility’s registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.14(c) and TWC, §5.702, by failing to pay outstanding dry cleaner fees for TCEQ Financial Account No. 24000551 for Fiscal Years 2004-2005; PENALTY: $2,370; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
TRD-200702371
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 12, 2007
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 (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 23, 2007. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 23, 2007. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: Ahad Business, Inc. dba My Favorite Cleaners; DOCKET NUMBER: 2006-1337-DCL-E; TCEQ ID NUMBER: RN104996152; LOCATION: 1115A Dulles Avenue, Stafford, Fort Bend County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.10(a), and Texas Health and Safety Code (THSC), §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.14(c), and Texas Water Code (TWC), §5.702, by failing to pay dry cleaner registration fees for TCEQ Financial Administration Account No. 24004086 for Fiscal Years 2005 - 2006; PENALTY: $1,185; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(2) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2005-1906-AIR-E; TCEQ ID NUMBER: RN102450756; LOCATION: 1795 Burt Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), and THSC, §382.085(b), by allowing the unauthorized emission of air contaminates; PENALTY: $10,000; Supplemental Environmental Project (SEP) offset amount of $5,00 applied to Southeast Texas Regional Air Monitoring Network; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(3) COMPANY: General Dynamics OTS (Garland), L.P.; DOCKET NUMBER: 2005-1672-AIR-E; TCEQ ID NUMBER: RN102660909; LOCATION: 1200 North Glenbrook Drive, Garland, Dallas County, Texas; TYPE OF FACILITY: ordnance production facility; RULES VIOLATED: 30 TAC §116.115(b)(2)(F), and THSC, §382.085(b), by failing to comply with permitted Maximum Allowable Emissions Rates for the plaforization system at emission point number 7-PLAF-PRETREAT for volatile organic compounds, in violation of New Source Review (NSR) Permit No. 51412, General Condition No. 8; 30 TAC §116.115(b)(2)(E) and (c), and THSC, §382.085(b), by failing to maintain records and data to demonstrate compliance with the permit in a readily available format for TCEQ staff, in violation of NSR Permit No. 51412 General Condition No. 7 and Special Condition Nos. 11B., C. and D.; 30 TAC §106.433(8)(B), (C), (D), and THSC, §382.085(b), by failing to maintain and make permit by rule (PBR) records for a surface coating facility immediately available to TCEQ staff; and 30 TAC §106.8(c) and THSC, §382.085(b), by failing to maintain records containing sufficient information to demonstrate compliance with PBR requirements; PENALTY: $86,775; SEP offset amount of $43,387 applied to City of Fort Worth Mow Down Air Pollution Mower Exchange; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Houston Refining, L.P.; DOCKET NUMBER: 2006-1948-AIR-E; TCEQ ID NUMBER: RN100218130; LOCATION: 12000 Lawndale Street, Houston, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §116.715(a); Flexible Air Permit No. 2167/Prevention of Significant Deterioration (PSD)-Texas (TX)-985, Special Condition No. 1; and THSC, §382.085(b), by failing to prevent unauthorized emissions. Since the emission event was avoidable and excessive, Houston Refining failed to meet the demonstrations for an affirmative defense in 30 TAC §101.222; 30 TAC §116.715(a); Flexible Air Permit No. 2167/PSD-TX-985, Special Condition No. 1; and THSC, §382.085(b), by failing to prevent unauthorized emissions. Since the emission event was avoidable and excessive, Houston Refining failed to meet the demonstrations for an affirmative defense in 30 TAC §101.222; 30 TAC §101.20(3), and §116.715(a); Flexible Air Permit No. 2167/PSD-TX-985, Special Condition No. 1; and THSC, §382.085(b), by failing to prevent unauthorized emissions. Since the emissions event was avoidable, Houston Refining failed to meet the demonstrations for an affirmative defense in 30 TAC §101.222; and 30 TAC §101.20(3), and §116.715(a); Flexible Air Permit No. 2167/PSD-TX-985, Special Condition No. 1; and THSC, §382.085(b), by failing to prevent unauthorized emissions. Since the emissions event was avoidable, Houston Refining failed to meet the demonstrations for an affirmative defense in 30 TAC §101.222; 30 TAC §116.715(a); Flexible Air Permit No. 2167/PSD-TX-985, Special Condition No. 1; and THSC, §382.085(b), by failing to prevent unauthorized emissions. Since the emissions event was avoidable, Houston Refining failed to meet the demonstrations for an affirmative defense under 30 TAC §101.222; PENALTY: $49,800; SEP offset amount of $24,900 applied to Houston-Galveston Area Emission Reduction Credit Organization; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(5) COMPANY: Hyung S. Park dba Quality Cleaners Center; DOCKET NUMBER: 2006-1150-DCL-E; TCEQ ID NUMBER: RN102753597; LOCATION: 18110 Midway, Suite 112, Dallas, Collin County, Texas; TYPE OF FACILITY: dry cleaning drop station facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $889; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Jose B. Juarez dba JB Cleaners; DOCKET NUMBER: 2006-1643-DCL-E; TCEQ ID NUMBER: RN104028014; LOCATION: 2865 South Richey Street, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning drop station facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(7) COMPANY: Mario Yague dba Arvey Park; DOCKET NUMBER: 2005-1018-PWS-E; TCEQ ID NUMBER: RN102323250; LOCATION: 11200 Montana Avenue, El Paso, El Paso County, Texas; TYPE OF FACILITY: recreational vehicle park with a public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i), and §290.122(c)(2)(B), and THSC, §341.033(d), by failing to collect routine water samples for bacteriological analysis and by failing to post a public notification of the monitoring violations; and 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(B), by failing to collect and submit repeat water samples within 24 hours of being notified of a total coliform positive sample result and by failing to post public notice of the failure to conduct repeat sampling; PENALTY: $2,745; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(8) COMPANY: SBBQS, Inc.; DOCKET NUMBER: 2005-1615-AIR-E; TCEQ ID NUMBER: RN101747905; LOCATION: 1206 North Frisco Street, Henderson, Rusk County, Texas; TYPE OF FACILITY: meat processing plant; RULES VIOLATED: 30 TAC §101.4, and THSC, §382.085(b), by failing to control odorous emissions from its wastewater ponds from impacting off-site receptors; PENALTY: $1,050; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(9) COMPANY: Stuart Standley dba Total Lawn Care; DOCKET NUMBER: 2006-1801-LII-E; TCEQ ID NUMBER: RN104859806; LOCATION: 15552 Schank Road, Conroe, Montgomery County, Texas; TYPE OF FACILITY: landscape care business; RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a), and TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing or servicing an irrigation system; PENALTY: $625; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200702370
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 12, 2007
The following notices were issued during the period of June 7, 2007.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
DOUBLE DIAMOND UTILITIES CO. has applied for a renewal of TPDES Permit No. 14373-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 49,500 gallons per day. The facility is located at 1500 Retreat Boulevard, approximately 8/10 mile southeast of the intersection of Retreat Boulevard and Farm-to-Market Road 1434, approximately 10 miles southwest of downtown Cleburne in Johnson County, Texas.
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 50 has applied for a renewal of TPDES Permit No. WQ0013228001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day. The facility is located at 22122 Bellaire Boulevard, approximately 4,600 feet southeast of the intersection of Farm-to-Market Road 1093 and Grand Parkway in Fort Bend County, Texas.
NOTTINGHAM COUNTRY MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 12479-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,300,000 gallons per day. The facility is located approximately 4,000 feet east of the intersection of South Fry Road and Stone Lodge, adjacent to Mason Creek in Harris County, Texas.
PANDA HEREFORD ETHANOL, L.P. which proposes to operate an ethyl alcohol fuel manufacturing facility, has applied for a new permit, Proposed Permit No. WQ0004822000 to authorize the disposal of reverse osmosis reject water, and TK Condenser, boiler, and cooling tower blowdown at an annual average flow not to exceed 100,800 gallons per day and a daily maximum flow not to exceed 150,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The location of the facility site and evaporation ponds are south of the intersection of U.S. Highway 60 and County Road 8, across U.S. Highway 60 from the Hereford Municipal Airport, and northeast of the City of Hereford, Deaf Smith County, Texas.
TRAVIS COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 17 has applied to the TCEQ for a new permit, Proposed Permit No. WQ0013294002, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day via a non-public access subsurface drip irrigation system with a minimum area of 11.48 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities will be located approximately 1,000 feet southwest of the intersection of Highland Drive and Lago Vista Drive and approximately 500 feet south of Iowa Street and Port Arthur Street; and the disposal site will be located approximately 900 feet southwest of the intersection of Iowa Street and Port Arthur Street and approximately 750 feet northwest of Custer Court and just east of Richardson Drive in Travis County, Texas.
The following do not require publication in a newspaper. 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 THE NOTICE.
CITY OF HOUSTON has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize the City to haul sludge from the Harris County Municipal Utility District No. 203 Wastewater Treatment Facility to any of the City's other permitted facilities. The facility is located approximately 400 feet south of the intersection of Gears Road and Spears Road on the south side of Greens Bayou in Harris County, Texas.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200702408
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 13, 2007
Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Miller at (512) 463-5800 or (800) 325-8506.
Deadline: 8-Day Pre-Election Report Due October 30, 2006
Rhonda K. Coleman, Katy Area New Democratic Organization, 22410 Bristolwood Court, Katy, Texas 77494-8209
Deadline: Annual Report of Unexpended Funds Due January 16, 2007
Andrew G. Khoury, P.O. Box 1151, Longview, Texas 75606-1151
Deadline: Semiannual Report for Candidates and Officeholders Due January 16, 2007
Jack F. Borden Sr., P.O. Box 191913, Dallas, Texas 75219
Darrell R. Grear, P.O. Box 649, Rockdale, Texas 76567
Kerry L. Horn, P.O. Box 11, Covington, Texas 76636
Greg A. Kauffman, 2315 Rock Creek Rd., Crowley, Texas 76036
John Lujan III, 3280 Owenwood, San Antonio, Texas 78264
William Robert McKelvain, 10502 FM 2408, Moran, Texas 76464
John R. McLeod, 1307 Wilderness St., Denton, Texas 76205
Dorothy M. Olmos, 102 Funston St., Houston, Texas 77012
Phillip S. Smart, P.O. Box 217, Ferris, Texas 75125
Christopher D. Youngblood, 125 Timberview Ct., Burleson, Texas
Deadline: Semiannual Report for Committees due January 16, 2007
Irismelda R. Benavides, Austin Women's Political Caucus, P.O. Box 1107, Austin, Texas 78767
Martha Failing, Harris County Democratic Lawyers, 1 Pinedale St., Houston, Texas 77006
Russell J. Hargraves, Texas Republican Alliance, 7311 Bluestone, San Antonio, Texas 78249-3644
Paul Holden, ABC of Texas, 10805 Chestnut Ridge Rd., Austin, Texas 78726
Brian J. Welker, Republican Liberty PAC, 7715 Robin Rd., Dallas, Texas 75209
Deadline: Monthly Report Due February 5, 2007
Phyllis A. Traylor, Montgomery County Law Enforcement Association, 14467 FM 1484, Conroe, Texas 77303-4143
Deadline: Monthly Report Due March 5, 2007
Thao Dao, Vietnamese American Voters Network PAC, 11210 Bellaire Blvd. #126A, Houston, Texas 77072
TRD-200702281
David Reisman
Executive Director
Texas Ethics Commission
Filed: June 6, 2007
Notice of Public Hearing on Proposed Medicaid Payment Rates--Ambulance Services
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 10, 2007, at 8:30 a.m. to receive public comment on proposed Medicaid rate increases for ambulance services. The public hearing will be held in the Lone Star Conference Room of the HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. The proposed Medicaid rates for ambulance services, which are effective September 1, 2007, are as follows:
Methodology and Justification. The current Medicaid reimbursement methodology rules for ambulance services at 1 TAC §355.8600 are in the process of being revised effective September 1, 2007, to reflect the change from a methodology based on provider-specific reasonable charges to one based on statewide, flat fees. The proposed rule amendments will be published in the July 6, 2007, issue of the Texas Register . The Legislature under the 2008-2009 General Appropriations Act (Article II, Special Provisions, Section 57(b)(3)(ii)(c), House Bill 1, 80th Legislature, Regular Session, 2007) appropriated $31.3 million general revenue funds for the State Fiscal Year 2008-2009 biennium for Medicaid rate increases for ambulance services based on the above proposed rates and revised reimbursement methodology.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 25, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
*Required Notice: The five character codes included in this notice are obtained from the Current Procedural Terminology (CPT®), copyright 2006 by the American Medical Association (AMA). CPT is developed by the AMA as a listing of descriptive terms and five character identifying codes and modifiers for reporting medical services and procedures performed by physicians. The responsibility for the content of this notice is with HHSC and no endorsement by the AMA is intended or should be implied. The AMA disclaims responsibility for any consequences or liability attributable or related to any use, nonuse or interpretation of information contained in this notice. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. Any use of CPT outside of this notice should refer to the most recent Current Procedural Terminology, which contains the complete and most current listing of CPT codes and descriptive terms. Applicable FARS/DFARS apply. CPT is a registered trademark of the American Medical Association.
TRD-200702402
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 13, 2007
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 10, 2007, at 2:00 p.m. to receive public comment on proposed Medicaid rate increases for dental services. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. The proposed Medicaid rates for dental services will be effective September 1, 2007. HHSC proposes to increase the payments for specific dental codes that have been determined to ensure increased access and preventive care for Medicaid eligible clients. Preventive care examples include comprehensive and periodic evaluations and fluoride applications. The reimbursement methodology for physician/professional services at 1 TAC §355.8085 describes access-based reimbursement fees. These access-based fees are for individual services based upon historical payments adjusted, where HHSC or its designee deems necessary, to account for deficiencies relating to the adequacy of access to health care services, to ensure adequate participation in the Medicaid program by physicians and other practitioners, and to ensure the ability of the eligible Medicaid population to receive adequate health care services in an appropriate setting. The specific dental procedure codes for this rate hearing will be included in the briefing package that will be available on June 25, 2007.
Methodology and Justification. The Medicaid reimbursement methodology rules for dental services are located at 1 TAC §§355.8085, 355.8441(11), and 355.455(b). The 2008-2009 General Appropriations Act (Article II, Special Provisions, Section 57, House Bill 1, 80th Legislature, Regular Session, 2007) appropriated $281.3 million general revenue funds for the State Fiscal Year 2008-2009 biennium for Medicaid rate increases for dental services.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 25, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200702412
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 13, 2007
Hearing. The Texas Health and Human Services Commission will conduct a public hearing to receive public comment on the proposed elimination of the 2.5 percent Medicaid payment reduction for Medicaid professional providers and outpatient facilities, which was implemented September 1, 2003, in accordance with legislation enacted during the 78th Legislature, Regular Session, 2003. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. The proposal will eliminate the use of 2.5 percent Medicaid payment reduction factor and will increase the Medicaid payments to Medicaid professional providers and outpatient facilities for services covered by the Medicaid payment reduction that was implemented September 1, 2003. The elimination of the use of the 2.5 percent Medicaid payment reduction factor is effective September 1, 2007.
Methodology and justification. The 2.5 percent payment reduction was implemented as a result of the 2004-2005 General Appropriations Act (Article II, Special Provisions, Section 28, H.B. 1, 78th Legislature, Regular Session, 2003) and Section 2.03 of H.B. 2292, 78th Texas Legislature, Regular Session, 2003. The actual rates were not reduced effective September 1, 2003. Instead, a 2.5 percent payment reduction factor was applied to Medicaid payments for Medicaid professional and outpatient facility services at the end of the claims payment process, as the last step before calculation of the actual payment.
The 2.5 percent Medicaid payment reduction was applicable to professional services delivered by physicians and other professional providers (e.g., ambulance providers; clinical laboratory services providers; advanced practice nurses (APNs), including nurse practitioners (NPs), clinical nurse specialists (CNSs), certified nurse midwives (CNMs), certified registered nurse anesthetists (CRNAs); psychologists; licensed professional counselors (LPCs); licensed clinical social workers (LCSWs); licensed marriage and family therapists (LMFTs); podiatrists; chiropractors; home health agencies; Texas Health Steps (THSteps) providers; laboratories; radiology providers; radiation therapy providers; family planning providers; hearing aid services providers; optometrists, opticians, and other vision care providers; in-home services for total parenteral hyperalimentation; physical therapy providers; occupational therapy providers; audiologists; speech-language-pathology providers; respiratory care providers; Case Management for Children and Pregnant Women providers; physician assistants (PAs); and the like) and outpatient facilities (e.g., hospitals, ambulatory surgical centers (ASCs)/ hospital ASCs (HASCs); maternity service centers; renal dialysis facilities; birthing centers; tuberculosis clinics; and the like).
The 2.5 percent Medicaid payment reduction was not applicable to Medicaid payments for services provided by federally qualified health centers (FQHCs); rural health clinics (RHCs); services provided by public providers that fund the state share of their payments through certification of public expenditures; Targeted Case Management for Early Childhood Intervention services; payments for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS); payments for physician-administered drugs, biologicals, blood products, and radiopharmaceuticals; children's hospitals; Medicare crossover claims; and Indian Health Services.
The 2008-2009 General Appropriations Act (Article II, Special Provisions, Section 57(a)(3)(i), H.B. 1, 80th Legislature, Regular Session, 2007) appropriated $103.8 million general revenue funds for the State Fiscal Year 2008-09 biennium for this restoration.
Briefing Package. A briefing package describing the proposed elimination of the 2.5 percent Medicaid payment reduction will be available on or after June 25, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200702405
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 13, 2007
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 10, 2007, at 3:30 p.m. to receive public comment on Medicaid proposed rate increases for physician and other professional services delivered to clients under age 21. The hearing will be held in compliance with Human Resources Code, §32.0282, and Texas Administrative Code (TAC), Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. The proposed Medicaid rates for physician and other professional services delivered to clients under age 21 will be effective September 1, 2007. The proposed reimbursement rates are specific to services provided to clients under the age of 21 and are intended to increase service access and preventive care availability. Under the proposed methodology, HHSC will fully expend the appropriations authorized in the 2008-2009 General Appropriations Act (Article II, Special Provisions, Sections 57, H.B. 1, 80th Legislature, Regular Session, 2007), which appropriated $233.5 million general revenue funds for the State Fiscal Year 2008-2009 biennium for Medicaid rate increases for physician and specialist services delivered to clients under age 21.
The proposed reimbursement rates include the following physician provider types: physicians (i.e., MDs, DOs); dentists; advanced practice nurses (including nurse practitioners, clinical nurse specialists, certified nurse midwives, and certified registered nurse anesthetists); and physician assistants. Additionally, the other professionals include: psychologists; licensed professional counselors; licensed marriage and family therapists; licensed clinical social workers; CCP social workers; podiatrists; chiropractors; optometrists; opticians; certified respiratory care providers; CCP groups; audiologists; prosthetists; orthotists; CCP providers; and genetics providers.
The proposed reimbursement rates also include laboratory services provided by pathologists and radiology services provided by radiologists but only for type of service "I" (interpretation) performed by the professional. Type of Service "T" (technical component) is not included.
The process for the proposed increases to the reimbursement rates for services provided to clients under the age of 21 followed the steps described below:
1. Target Increases for THSteps (Type of Service "S"): HHSC proposes to update the entire range of THSteps screening services (Preventive Medicine Evaluation & Management Services) by increasing the rates for new clients to the 2007 Medicare fee schedule for services to new clients. For services to established clients, HHSC proposes to increase the existing Medicaid fee to 92% of the fee for new clients. This methodology has several desirable effects, which include payment differentials for new patients (100% of Medicare) versus established patients (92% of Medicare) and payment differentials based on age.
2. THSteps Immunization Administration: HHSC proposes to increase the THSteps immunization administration fee by 30% of the current fees. This method will be applied consistently to all immunization administration fees (i.e., no difference in the payments for new patients versus established patients).
3. Target Increases for Evaluation and Management Codes: HHSC proposes to increase all remaining Evaluation & Management services by 27.5% across-the-board above existing fees. Since the update to the 2007 Medicare Relative Value Units (RVUs) for these procedure codes would have exceeded the current appropriation, the fees were changed to access-based fees with a 27.5% increase.
4. Target Increases for Anesthesia Service Codes: HHSC proposes to increase the anesthesia service codes by updating the existing Medicaid base units to current Medicare or national base units. The update to Medicare or national base units will result in increases and decreases in the Medicaid fees. In addition to the base unit update, HHSC proposes to increase by 27.5% the two conversion factors for anesthesia services that are resource-based fees.
5. Non-THSteps Immunization Administration Codes: HHSC proposes to adjust non-THSteps immunization administration codes to the same fees as the THSteps immunization administration codes outlined in item 2 above.
6. Targeted Increases for Specific Mental Health Procedure Codes: HHSC proposes targeted increases for specific codes for psychiatric diagnostic interviews, comprehensive psychological assessments, and psychotherapy/psychological counseling.
7. Remaining Procedure Codes: HHSC proposes to update the remaining procedure codes to the 2007 Medicare RVUs. If the RVU update results in a fee lower than the current Medicaid fee, the fee will be changed to an access-based fee with a 5.0% increase.
Methodology and justification. The Medicaid reimbursement methodology rules for physician and other professional services are located at 1 TAC §355.8085. These rules provide for the establishment of resourced-based reimbursement fees based upon the RVUs of the individual services as specified in the Medicare Fee Schedule. These rules also allow for the determination of access-based reimbursement fees, which are not based on the RVU methodology, for individual services to account for deficiencies relating to the adequacy of access to health care services, to ensure adequate participation in the Medicaid program by physicians and other practitioners, and to ensure that the eligible Medicaid population receives adequate health care services in an appropriate setting. The 2008-2009 General Appropriations Act (Article II, Special Provisions, Section 57, H.B. 1, 80th Legislature, Regular Session, 2007) appropriated $233.5 million general revenue funds for the State Fiscal Year 2008-2009 biennium for Medicaid rate increases for physician and specialist services delivered to clients under age 21.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 25, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200702406
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 13, 2007
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on July 10, 2007, at 9:30 a.m. to receive public comment on proposed Medicaid rates for physical, occupational, and speech-language-pathology therapy services delivered to clients under age 21 by home health agencies. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. The proposed Medicaid rates for physical, occupational, and speech-language-pathology therapy services delivered to clients under age 21 by home health agencies, which will be effective September 1, 2007, are as follows:
Methodology and justification. The current Medicaid reimbursement methodology rules for these services at 1 TAC §355.8441(5), (6), and (7) are in the process of being revised effective September 1, 2007, to reflect the change from the methodology used for home health services at 1 TAC §355.8021 to one based on statewide, flat fees. The proposed rule amendments will be published in the July 6, 2007, issue of the Texas Register. The 2008-09 General Appropriations Act (Article II, Special Provisions, Section 57(b)(3)(ii)(d), H.B. 1, 80th Legislature, Regular Session, 2007) appropriated $39.7 million general revenue funds for the State Fiscal Year 2008-09 biennium for Medicaid rate increases for these services based on the above proposed fees and revised reimbursement methodology.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 25, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
*Required Notice: The five character codes included in this notice are obtained from the Current Procedural Terminology (CPT®), copyright 2006 by the American Medical Association (AMA). CPT is developed by the AMA as a listing of descriptive terms and five character identifying codes and modifiers for reporting medical services and procedures performed by physicians. The responsibility for the content of this notice is with HHSC and no endorsement by the AMA is intended or should be implied. The AMA disclaims responsibility for any consequences or liability attributable or related to any use, nonuse or interpretation of information contained in this notice. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. Any use of CPT outside of this notice should refer to the most recent Current Procedural Terminology, which contains the complete and most current listing of CPT codes and descriptive terms. Applicable FARS/DFARS apply. CPT is a registered trademark of the American Medical Association.
TRD-200702403
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 13, 2007
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on July 10, 2007, at 10:30 a.m. to receive public comment on (1) the proposed restoration of the Medicaid payment to the 2003 level for the Vendor Drug Program (VDP) dispensing expense portion of the dispensing fee, and (2) an increase to the Medicaid dispensing expense above what is restored. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. Under the proposed restoration to the 2003 level for the VDP dispensing expense, the Medicaid payment will be $5.27. Under the proposed increase to the restored VDP dispensing expense, the Medicaid payment will be $7.50. These proposed changes will be effective September 1, 2007.
Methodology and Justification. The proposed restoration of the dispensing expense is made in accordance with the 2008-09 General Appropriations Act (Article II, Special Provisions, Section 57, H.B. 1, 80th Legislature, Regular Session, 2007). This change will bring the dispensing expense in line with the methodology in 1 TAC §355.8551. The proposed dispensing expense increase above restoration is calculated in accordance with 1 TAC §355.8551, which addresses the Reimbursement for Pharmacy Services Dispensing Fee.
Briefing Package. A briefing package describing the proposed payments will be available on or after June 25, 2007. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payments may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200702401
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: June 13, 2007
Licensing Actions for Radioactive Materials
TRD-200702378
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: June 12, 2007
Application for admission to the State of Texas by AMERICA'S 1st CHOICE HEALTH PLANS, INC., a foreign life, accident and/or health company. The home office is in West Columbia, South Carolina.
Application for admission to the State of Texas by GUARDIAN NATIONAL TITLE INSURANCE COMPANY, a foreign title company. The home office is in Warrensville Heights, Ohio.
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-200702404
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: June 13, 2007
The Texas Department of Insurance, Division of Workers' Compensation published a notice of proposed rule review for Chapters 112, 133, 134 and 141 in the June 8, 2007, issue of the Texas Register (32 TexReg 3377 and 3378). The notice contains the following errors as submitted.
On page 3377, right column, Title 28, Part 2, 3rd paragraph: The mail code is incorrect. Instead of "MS 4-D" it should read "MS-4D" and "Texas Workers' Compensation Commission" should read "Texas Department of Insurance, Division of Workers' Compensation."
The sentence should read as follows: "Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 9, 2007 and submitted to Victoria Ortega, Legal Services, MS-4D, The Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609." (TRD-200702102)
On page 3378, left column, 2nd paragraph: The mail code is incorrect. Instead of "MS 4-D" it should read "MS-4D" and "Texas Workers' Compensation Commission" should read "Texas Department of Insurance, Division of Workers' Compensation."
The sentence should read as follows: "Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 9, 2007 and submitted to Victoria Ortega, Legal Services, MS-4D, The Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609."(TRD-200702103)
On page 3378, left column, 5th paragraph: The mail code is incorrect. Instead of "MS 4-D" it should read "MS-4D" and "Texas Workers' Compensation Commission" should read "Texas Department of Insurance, Division of Workers' Compensation."
The sentence should read as follows: "Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 9, 2007 and submitted to Victoria Ortega, Legal Services, MS-4D, The Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609." (TRD-200702104)
TRD-200702414
Instant Game Number 815 "Gold Rush Luck"
1.0 Name and Style of Game.
A. The name of Instant Game No. 815 is "GOLD RUSH LUCK". The play style is "multiple games".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 815 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 815.
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: 1X, 2X, A, K, Q, J, 10, 9, 8, 7, 6, 5, 4, 3, 2, 1,X SYMBOL, O SYMBOL, 1, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, $5.00, $10.00, $20.00, $50.00, $100, $200, $1,000, $5,000 and $50,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 815 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 815 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $40.00, $50.00, $100, $200 or $500.
I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (815), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 815-0000001-001.
L. Pack - A pack of "GOLD RUSH LUCK" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "GOLD RUSH LUCK" Instant Game No. 815 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 "GOLD RUSH LUCK" Instant Game is determined once the latex on the ticket is scratched off to expose 56 (fifty-six) Play Symbols. For GAME 1, if the player reveals a "2X" symbol, the player wins DOUBLE the winnings on the entire ticket. For GAME 2, if YOUR CARD play symbol beat the DEALER'S CARD play symbol in the same row, the player wins the PRIZE shown for that row. Aces are high. For GAME 3, if a player reveals 3 "X's" or 3 "O's" in the any row, column or diagonal line, the player wins the PRIZE shown in PRIZE box. For GAME 4, if the player matches any of YOUR NUMBERS play symbols to any of the LUCKY NUMBERS play symbols, the player wins the PRIZE shown for that number. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 56 (fifty-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 56 (fifty-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 56 (fifty-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 56 (fifty-six) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. The $5,000 and $50,000 prize symbols will always appear on non-winning tickets and will each appear on $1,000 and lower winning tickets when prize structure permits.
C. GAME 2: No duplicate non-winning rows.
D. GAME 2: No matching non-winning YOUR CARD play symbols.
E. GAME 2: No matching non-winning DEALER'S CARD play symbols.
F. GAME 2: No duplicate non-winning prize symbols.
G. GAME 2: Non-winning prize symbols will never be the same as the winning prize symbol(s).
H. GAME 2: No ties between the YOUR CARD play symbol and the DEALER'S CARD play symbol.
I. GAME 3: Every ticket will contain four "X's" and five "O's" or four "O's" and five "X's".
J. GAME 4: No duplicate LUCKY NUMBERS play symbols.
K. GAME 4: No duplicate non-winning YOUR NUMBER play symbols.
L. GAME 4: No more than 2 matching non-winning prize symbols in this game.
M. GAME 4: Non-winning prize symbols will never be the same as the winning prize symbol(s) in this game.
2.3 Procedure for Claiming Prizes.
A. To claim a "GOLD RUSH LUCK" Instant Game prize of $5.00, $10.00, $20.00, $40.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00, $50.00, $100, $200 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "GOLD RUSH LUCK" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "GOLD RUSH LUCK" 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 "GOLD RUSH LUCK" 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 "GOLD RUSH LUCK" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 815. The approximate number and value of prizes in the game are as follows:
Figure 3: 16 TAC GAME NO. 815 - 4.0
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 815 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. 815, 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-200702364
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 11, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 816 is "CHERRY TWIST". The play style is "row/column/diagonal with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 816 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 816.
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: X SYMBOL, O SYMBOL, CHERRY SYMBOL, $2.00, $3.00, $4.00, $12.00, $20.00, $50.00, $100, $1,000, and $25,000.
D. Play Symbol Caption--The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 816- 1.2D
E. Retailer Validation Code--Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 816 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number--A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize--A prize of $2.00, $3.00, $4.00, $6.00, $9.00, $12.00, $15.00, $20.00, or $24.00.
H. Mid-Tier Prize--A prize of $36.00, $40.00, $50.00, $60.00, $100, or $150.
I. High-Tier Prize--A prize of $1,000, $3,000, or $25,000.
J. Bar Code--A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number, and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number--A 13 (thirteen) digit number consisting of the three (3) digit game number (816), 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: 816-0000001-001.
L. Pack--A pack of "CHERRY TWIST" Instant Game tickets contains 125 tickets packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B. C, and D configuration.
M. Non-Winning Ticket--A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures; the State Lottery Act (Texas Government Code, Chapter 466); and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "CHERRY TWIST" Instant Game No. 816 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 "CHERRY TWIST" Instant Game is determined once the latex on the ticket is scratched off to expose 20 (twenty) Play Symbols. For each GAME, if the player reveals 3 "X"s or 3 "O"s in any one row, column, or diagonal, the player wins the PRIZE shown for that GAME. If the player reveals three (3) cherry symbols in any one row, column, or diagonal, the player wins TRIPLE the PRIZE shown for that GAME. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 20 (twenty) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified; and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code, and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted, or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code, and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 20 (twenty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective, or printed or produced in error;
16. Each of the 20 (twenty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 20 (twenty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. Non-winning prize symbols will not match a winning prize symbol on a ticket.
C. There will be a predominance of $20 and higher prize symbols on non-winning tickets.
D. No duplicate games on a ticket spot for spot.
E. No game will have more than one occurrence of three (3) matching symbols in a row, column or diagonal.
F. No game will contain more than three (3) matching symbols other than the "cherries" symbol.
G. The occurrence of three (3) "cherries" symbols appearing in a row, column, or diagonal will be as dictated by the prize structure.
H. Each game may win one time.
2.3 Procedure for Claiming Prizes.
A. To claim a "CHERRY TWIST" Instant Game prize of $2.00, $3.00, $4.00, $6.00, $9.00, $12.00, $15.00, $20.00, $24.00, $36.00, $40.00, $50.00, $60.00, $100, or $150, 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 $36.00, $40.00, $50.00, $60.00, $100, or $150 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 "CHERRY TWIST" Instant Game prize of $1,000, $3,000, or $25,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "CHERRY TWIST" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Office of the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "CHERRY TWIST" 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 "CHERRY TWIST" 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 7,080,000 tickets in the Instant Game No. 816. The approximate number and value of prizes in the game are as follows:
Figure 3: 16 TAC GAME NO. 816- 4.0
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 816 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. 816, 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-200702398
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 13, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 817 is "$1 MILLION CASH". The play style is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 817 shall be $20.00 per ticket.
1.2 Definitions in Instant Game No. 817.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, STAR SYMBOL, $20.00, $40.00, $50.00, $80.00, $100, $200, $400, $1,000, $10,000 and $1MILL SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: 16 TAC GAME NO. 817 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Figure 2: 16 TAC GAME NO. 817 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $20.00.
H. Mid-Tier Prize - A prize of $40.00, $80.00, $100, $200 or $400.
I. High-Tier Prize - A prize of $1,000, $10,000 or $1,000,000.
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 (817), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 025 within each pack. The format will be: 817-0000001-001.
L. Pack - A pack of "$1 MILLION CASH" Instant Game tickets contains 025 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 025 while the other fold will show the back of ticket 001 and front of 025.
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 "$1 MILLION CASH" Instant Game No. 817 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 "$1 MILLION CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the LUCKY NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a "star" play symbol the player wins the PRIZE shown instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Adjacent non-winning tickets within a pack will not have identical patterns. Two tickets have identical patterns if and only if they have the same symbols in the same positions.
B. There will be a random distribution of all symbols on the ticket unless affected by other constraints, play action or prize structure.
C. There will be no more than three (3) identical non-winning prize symbols.
D. The non-winning YOUR NUMBER symbols will be unique.
E. The five (5) LUCKY NUMBER symbols will be unique.
F. The star symbol will never appear as a LUCKY NUMBER.
G. The $1,000,000 and $10,000 prize symbols will each appear at least once on all tickets unless otherwise restricted by the prize structure.
H. The prize amount associated with a non-winning YOUR NUMBER position will never have the same numerical value as the corresponding YOUR NUMBER.
I. Non-winning prize symbols will not match winning prize symbols.
J. Winning LUCKY NUMBER positions will be distributed evenly among all possible LUCKY NUMBER positions.
K. Winning YOUR NUMBER positions will be distributed evenly among all possible YOUR NUMBER positions.
L. On tickets that win two (2) or more times (excluding the play spots winning with the star symbol), at least two (2) LUCKY NUMBERS will be used to create winners.
M. The star symbol will not appear more than once on a ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "$1 MILLION CASH" Instant Game prize of $20.00, $40.00, $80.00, $100, $200 or $400, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $40.00, $80.00, $100, $200 or $400 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$1 MILLION CASH" Instant Game prize of $1,000, or $10,000, 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. To claim a "$1 MILLION CASH" top level prize of $1,000,000, the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. 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.
D. As an alternative method of claiming a "$1 MILLION CASH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
E. 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.
F. 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 "$1 MILLION CASH" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "$1 MILLION CASH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 3,000,000 tickets in the Instant Game No. 817. The approximate number and value of prizes in the game are as follows:
Figure 3: 16 TAC GAME NO. 817 - 4.0
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 817 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. 817, 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-200702363
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 11, 2007
Request for Proposals - Outside Counsel
REQUESTOR:
Board of Regents
Midwestern State University
3410 Taft Blvd.
Wichita Falls, TX 76308
STATEMENT OF PURPOSE:
The Board of Regents (Board) of Midwestern State University (university or MSU) is requesting proposals for the purpose of retaining a firm to act as the university's outside counsel.
INSTRUCTIONS TO PROPOSERS:
1. All proposals must be in a sealed envelope and clearly marked: "Sealed Proposal - Outside Counsel Services." All proposals must be received by 5:00 p.m., Wednesday, July 18, 2007.
2. Twelve (12) copies of the proposal are required and may be mailed to: Midwestern State University, ATTN: Debbie Barrow, Executive Associate, 3410 Taft Blvd., Wichita Falls, TX 76308, or hand delivered to 3410 Taft Blvd., Room 107, Hardin Administration Building, Wichita Falls, TX by 5:00 p.m., July 18, 2007. Each proposal should indicate the name and phone number of the principal contact for the firm.
3. Questions or comments concerning this request for proposals should be directed to: Dr. Jesse W. Rogers, President, Midwestern State University, 3410 Taft Blvd., Wichita Falls, TX 76308, (940) 397-4211.
4. The Board intends to select a firm at its meeting August 3, 2007. The selected firm will be notified on or about August 17, 2007.
5. The Board shall submit its selection to the Texas State Attorney General for final approval.
TERMS AND CONDITIONS:
1. The Board reserves the right to reject any or all proposals or to award the contract to the next most qualified firm if the successful firm does not execute a contract within thirty (30) days after the award of the proposal.
2. The Board reserves the right to request clarification of information submitted and to request additional information of one or more applicants.
3. The Board and staff will perform an evaluation of the selected firm's performance as necessary, and the Board shall have the right to terminate its contract by specifying the date of termination in a written notice to the firm at least thirty (30) working days before the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed.
4. Any agreement or contract resulting from acceptance of a proposal shall be on forms either supplied by or approved by the Office of the Attorney General. The Board reserves the right to reject any agreement that does not conform to the request for proposals and any Board requirements for agreements and contracts.
5. The selected firm shall not assign any interest in the contract and shall not transfer any interest in the same without prior written consent of the Board.
ELIGIBLE PROPOSERS:
1. The Midwestern State University Board of Regents will only consider proposals from law firms licensed in Texas.
2. Counsel must have prior legal experience with public, non-profit organizations. Experience with state agencies and an interest in education will be viewed favorably in the selection process.
3. Counsel must agree to work closely with the president of the university in matters submitted to Counsel for review.
4. Counsel must agree to attend any and all Board of Regents meetings, which are held no less than quarterly on the campus of Midwestern State University, Wichita Falls, Texas. Counsel's attendance would only be required at the request of the Board and adequate notice would be provided.
5. Counsel must maintain malpractice insurance in an amount of not less $1,000,000.
SCOPE OF SERVICES:
The selected firm will provide the following services:
1. In all situations where assistance is required by the Office of the Attorney General on litigation or general counsel matters being handled by the Office of the Attorney General, or where the Office of the Attorney General defers the matter to outside counsel.
2. In situations where expertise in school law and policy is required.
3. In situations where prior knowledge or experience with the particular facts or issues in the matter or where other unusual circumstances exist which would facilitate the most timely and economical handling of the matter.
4. In emergency and other situations that require a response time that the Office of the Attorney General cannot reasonably provide.
5. In situations involving personal meetings or conferences where the charges for legal fees and expenses for travel by the Office of the Attorney General would result in a total cost greater than could be obtained by using the outside counsel.
QUALIFICATIONS:
1. Describe how the firm is organized and how its resources will be put to work for MSU.
2. List the firm's most recent three (3) years of experience in higher education, school law, state agency or public, non-profit organization relationships. State the term of the relations, briefly describe the work performed, and include the names, addresses and phone numbers of contact persons.
3. Affirm that no individual in the firm has represented any client in any matter pending before Midwestern State University during the previous six-month period.
PERSONNEL:
1. Indicate which individuals in the firm would be assigned in a direct, on-going working relationship with the Board and staff and include their resumes. Indicate the role these individuals assumed in the three-year history of higher education, school law, state agency or public, non-profit organization relationships as described in subsection 2 of the QUALIFICATIONS section.
2. Indicate the availability of individuals described in subsection 1 of this section.
3. Include a description of your firm's Affirmative Action program and include any strides made in the employment of women and minorities.
COMPENSATION:
Explain the firm's proposed hourly fee schedule and the projected annual cost for the scope of services detailed in this RFP. If the firm proposes that the university bear the cost of incidental expenses associated with these services, clearly state what type of incidental expense and estimated costs the university would be expected to bear.
TRD-200702285
Jesse W. Rogers
President
Midwestern State University
Filed: June 7, 2007
Memorandum of Understanding (MOU) between the Department of Aging and Disability Services (DADS) and the Board of Nurse Examiners (BNE)
In 1988, a Memorandum of Understanding (MOU) was entered into by the Board of Nurse Examiners (BNE) and the Texas Department of Health (TDH) to define circumstances under which the provision of certain health-related tasks or services in licensed home and community support services agencies (HCSSAs) do not constitute the practice of professional nursing. The regulation of HCSSAs was subsequently transferred to the Department of Human Services (DHS), now the Department of Aging and Disability Services (DADS).
A meeting was held on September 13, 2006 with representatives from DADS, BNE, and the Texas Association for Home Care (TAHC) to determine if there was a need to revise the existing MOU. The attendees unanimously agreed that there was a need to review the MOU, as required by Health and Safety Code (HSC) §142.016, and to modify the MOU to reflect the new regulatory agency's name for HCSSAs and as may otherwise be necessary.
An MOU advisory committee was appointed as required in HSC §142.016(b) consisting of representatives from the Texas New Mexico Hospice Organization, the Texas Nurses Association, the Disability Policy Consortium, the Department of State Health Services, and the Family 2 Family Network (which replaced the Texas Respite Resource Network after it ceased operations in 2000), in addition to TAHC, BNE, and DADS.
A final draft of the MOU was approved by the BNE board on February 19, 2007, and by the DADS' commissioner on May 30, 2007.
MEMORANDUM OF UNDERSTANDING
Cooperative Agreement between the Board of Nurse Examiners for the State of Texas & the Department of Aging and Disability Services
SECTION A: PURPOSE
The purpose of this Memorandum of Understanding (MOU) is to define circumstances under which the provision of health-related tasks or services by a home and community support services agency (HCSSA) does not constitute the practice of professional nursing.
This MOU sets forth the mutual understanding and agreement between the Board of Nurse Examiners for the State of Texas (BNE) and the Department of Aging and Disability Services (DADS) with regard to services that may be provided by a home and community support services agency (HCSSA) regulated by DADS under Health and Safety Code Chapter 142 and its rules at 40 Texas Administrative Code (TAC), Chapter 97.
The BNE and DADS recognize the desire of individuals and their families to achieve the highest possible quality of life, independence, and integration with family and society. These goals are most often achieved when the individual's health-related needs can be met in the least restrictive environment. In order to ensure the individual's safety in settings to which this MOU applies, the BNE and DADS believe that the individual or the individual's responsible adult must be able and willing to maintain oversight of services performed by unlicensed assistive personnel (UAP) under Section B.
This MOU is entered into by the above-named agencies in compliance with §142.016 of the Health and Safety Code. The provision of nursing services is regulated by the Board of Nurse Examiners, whether the task is performed by a nurse, or delegated by a professional registered nurse to a UAP. In independent living environments, however, it is recognized that a registered nurse (RN) would not be present to assess, plan, implement, and evaluate the provision of care and certain health-related services.
This distinction is noted in §142.001(22) of the Health and Safety Code and 40 TAC §97.2(64), which defines personal assistance services to include personal care and health-related services performed under circumstances that are defined as not constituting the practice of professional nursing by the BNE. This MOU is applicable only to a HCSSA regulated by DADS under the Health and Safety Code Chapter 142.
SECTION B: APPLICATION
The BNE and DADS agree that the following services in the specific situations described do not constitute the practice of professional nursing and may be performed by UAPs without RN delegation or supervision for individuals who have stable and predictable conditions.
Stable and predictable conditions refer to situations where the individual's clinical and behavioral status is determined to be non-fluctuating and consistent. A stable, predictable condition involves long-term health-care needs that are not recuperative in nature and do not require the regularly scheduled presence of a registered nurse or licensed vocational nurse. Excluded by this definition are situations where the individual's clinical and behavioral status is expected to change rapidly or in need of the continuous/continual assessments and evaluation of a registered nurse or licensed vocational nurse. The condition of individual's receiving hospice care in an independent living environment where deterioration is predictable shall be deemed stable and predictable.
1. Personal care, to include feeding, preparing meals, transferring, toileting, ambulation and exercise, grooming, bathing, dressing, routine care of hair and skin, and assistance with medications that are normally self administered, may be provided for individuals by UAPs in independent living environments.
An "independent living environment" is an individual's residence which may include a group home, or foster home, or assisted living facility, as well as other settings including, but not limited to school, work, or church, where the client participates in activities. The term does not include settings in which nursing services are continuously provided.
2. Short-term respite services limited to a maximum of 30 consecutive days in which the primary caregiver acts as the individual's advocate and is being relieved of the caregiver role by a UAP. In this setting, the following nursing services may be provided by the UAP:
(a) Provision of personal care as described in #1 above.
(b) Feeding and medication administration through a permanently placed feeding tube provided the UAP has completed a training and competency program according to 40 TAC §97.404(h).
(c) For those receiving regularly scheduled oral or topical medication normally administered by the primary caregiver, the UAP may administer these agents based on specific instructions from the primary caregiver. These tasks do not include:
(1) The calculation of any medication doses. Calculation of medication doses does not include measuring a prescribed amount of liquid medication and breaking a scored tablet for administration as instructed by the primary caregiver.
(2) Administration of the initial dose of a medication that has not been previously administered to the individual.
(3) Administration of medications by any injectable route.
(4) Administration of medications used for intermittent positive pressure breathing or other methods involving medication inhalation treatments.
(5) Administration of medications by way of a tube inserted in a cavity of the body other than by a permanently placed feeding tube.
3. The provision of (a), (b), and (c) above is limited to a 30-day period for the purpose of respite.
4. No other nursing functions may be provided by the UAP without the delegation and supervision of an RN.
(a) All other nursing services must be performed in accordance with the registered nurse delegation rules 224 or 225.
(b) This MOU does not apply to services provided in a non-respite situation where a RN involved in care decisions has determined under Rule 225 that factors relating to the client, listed in §225.6. RN Assessment of the Client, are sufficient to warrant RN exemption of said nursing services from delegation.
5. This MOU applies to the administration of medications in an assisted living facility (ALF), provided this service is being performed by a HCSSA. If an individual residing in an ALF requires medication administration but no HCSSA is involved, then DADS' rules at 40 TAC §92.41(j) govern this service.
SECTION C: EXAMPLES
The following examples are intended to be neither all inclusive nor exhaustive of the guidance expressed in this MOU.
1. A mother who provides care for her child with cerebral palsy plans to spend a long weekend with her husband. A UAP is hired to provide routine care such as bathing, feeding, dressing, and socialization. The child needs a morning and evening dose of Dilantin via percutaneous endoscopic gastrostomy (PEG) tube. The UAP may administer the Dilantin because this is a routine medication for this child, provided that the UAP has completed a training and competency program according to 40 TAC §97.404(h).
2. A young adult released from a burn center three days ago is being cared for by his family. In addition to assistance with personal assistance services, he needs dressing changes daily to his hands and forearms bilaterally, along with assistance taking pain medication as needed. The individual's parents have been performing all of the above tasks, but they wish to attend their niece's wedding out-of-state, and will be gone for a period of three consecutive days.
Though the individual could direct a UAP in the performance of personal assistance services, including assistance with oral pain medication as needed, the performance of dressing changes to burns on the individual's hands and forearms is a nursing task and is related to an acute condition (ie: acute conditions are considered to be unstable and unpredictable); therefore, RN delegation under §224.7(2)(B) is required in order for the UAP to provide the service of changing the burn dressings daily.
3. An individual with severe Parkinson's lives in his own apartment and needs assistance on a daily basis with transferring, bathing, grooming, dressing, and exercise. A UAP may provide these personal care services without RN delegation for this individual whose condition is stable and predictable.
4. An individual with a cerebral vascular accident (CVA) 5-years ago has residual right-sided paralysis of his right arm/hand and leg; his condition is now stable and predictable. The individual needs ongoing assistance with meal preparation and grooming, as well as reminders for daily oral medication. The UAP may provide these services without RN delegation for this individual.
5. An individual with cerebral palsy usually has a UAP who assists with feeding, bathing, grooming and transferring. The individual developed pneumonia and was hospitalized for intravenous (IV) antibiotic treatment. The individual is now back home, but still requires IV antibiotics via a peripherally inserted central catheter (PICC) line and Albuterol nebulizer treatments every 12 hours. These tasks cannot be performed by the UAP under the direction of the individual's primary caregiver (individual's responsible adult) because:
(a) IV medications and nebulizer treatments are related to the individual's acute condition of pneumonia, and thus are not related to maintenance of a stable and predictable condition;
(b) IV medications (considered a nursing task) may not be performed independently by the UAP under this MOU, and may also not be delegated under §225.12(5)(B); and
(c) Albuterol nebulizer treatments are not for routine maintenance in this instance as they are related to the acute condition, so a UAP could not perform this task under the MOU. A RN could determine if it was safe to delegate this task under §225.10(2).
(Rev. 1/98; Rev. 3/07)
TRD-200702296
Katherine Thomas
Executive Director
Board of Nurse Examiners
Filed: June 7, 2007
Request for Proposals for Bond Counsel
The Texas Public Finance Authority (the "Authority") is requesting proposals for bond counsel services. The deadline for proposal submission is 5:00 p.m., July 2, 2007.
The Authority's Board of Directors (the "Board") will make its selection based upon demonstrated competence and qualifications. Firms responding to the Request for Proposal must maintain a Texas office staffed with personnel who are responsible for providing bond counsel services to the Authority. By the Request for Proposal, however, the Board has not committed itself to employ bond counsel nor does the suggested scope of service or term of agreement therein require that the bond counsel be employed for any or all of those purposes. The Board reserves the right to make those decisions after receipt of proposals and the Board's decision on these matters is final. The Board reserves the right to negotiate individual elements of the Firm's proposal and to reject any and all proposals.
Copies of the Request for Proposal may be obtained from the Authority's website at www.tpfa.state.tx.us or call Paula Hatfield, Texas Public Finance Authority, P.O. Box 12906, Austin, Texas 78711, (512) 463-5544.
TRD-200702365
Kimberly K. Edwards
Executive Director
Texas Public Finance Authority
Filed: June 11, 2007
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on June 6, 2007, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Friendship Cable of Texas, Inc., doing business as Suddenlink Communications, for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 34382 before the Public Utility Commission of Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 34382.
TRD-200702394
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2007
The Public Utility Commission of Texas received an application on June 6, 2007, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Cebridge Acquisition, L.P., doing business as Suddenlink Communications, for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 34383 before the Public Utility Commission of Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 34383.
TRD-200702395
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 8, 2007, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Brilliant Energy, LLC for Retail Electric Provider (REP) Certification, Docket Number 34391 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 29, 2007. 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 34391.
TRD-200702396
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2007
On June 5, 2007, Inter-Tel NetSolutions, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60066. Applicant intends to reflect a change in ownership/control.
The Application: Application of Inter-Tel NetSolutions, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 34380.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 27, 2007. 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 34380.
TRD-200702393
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2007
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 5, 2007, for an amendment to certificated service area boundaries within Hansford County, Texas.
Docket Style and Number: Application of North Plains Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for a Service Area Exception within Hansford County, Texas, Docket Number 34377.
The Application: North Plains Electric Cooperative, Inc. (North Plains) requests a service area exception to provide service to a specific customer located within the certificated service area of Southwestern Public Service (SPS). North Plains seeks an exception to provide electric service to Sprinkler Section 45 of B&R Farms. North Plains is able to serve the consumer without large financial input from the consumer or large construction cost by SPS. SPS is in full agreement with the exception.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than June 8, 2007 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 34377.
TRD-200702284
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 6, 2007
Notice is given to the public of an application filed with the Public Utility Commission of Texas on June 11, 2007, for designation as a resale eligible telecommunications provider (R-ETP) pursuant to P.U.C. Substantive Rule §26.419.
Docket Title and Number: Application of Ganoco, Inc. for Designation as a Resale Eligible Telecommunications Provider. Docket Number 34393.
The Application: The company is requesting ETP designation in order to be eligible to receive reimbursement funds from the Texas Universal Service Fund for discounts provided through the Lifeline program.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by July 12, 2007. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 34393.
TRD-200702397
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2007
On June 1, 2007, 877-RingAgain filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60145. Applicant intends to relinquish its certificate.
The Application: Application of 877-RingAgain to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 34370.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 27, 2007. 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 34370.
TRD-200702283
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 6, 2007
Notice of Applications for Designation as a "Texas Star Builder"
The Texas Residential Construction Commission (commission) adopted rules regarding the procedures for designation as a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant to §416.011, Property Code (Act effective Sept. 1, 2003), which provides that the commission shall establish rules and procedures through which a builder can be designated as a "Texas Star Builder." The commission rules for application for designation can be found on the commission's website at www.trcc.state.tx.us.
10 TAC §303.300(i)(2) requires the commission to publish in the Texas Register notice of the application of each person seeking to become designated as a "Texas Star Builder" registered under this subchapter. The commission will accept public comment on each application for twenty-one (21) days after the date of publication of the notice. Information provided in response to this notice will be utilized in evaluating the applicants for approval. The "Texas Star Builder" designation requires that a builder or remodeler demonstrate that its education, experience, and commitment to professionalism sets the builder or remodeler apart from its peers and offers some assurance to its customers that its quality of service and construction will be above average.
Pursuant to 10 TAC §303.300(i)(2), the commission hereby notices the application(s) for designation as a "Texas Star Builder" of:
Hill Country Homes, Inc., 202 South First Street, Copperas Cove, TX 76522. Hill Country Homes, Inc. holds TRCC builder registration #7261. The applicant's registered agent is Linda S. McMullin.
S & T Custom Homes, Inc., 7125 Hunnington Drive, Sanger, TX 76266. S & T Custom Homes, Inc. holds TRCC builder registration #9139. The applicant's registered agent is Stephen Koch.
Team 3 Homes, 1104 La Paloma Court, Southlake, TX 76092. Team 3 Homes holds TRCC builder registration #6205. The applicant's registered agent is Patricia A. Hanson.
Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, Texas Residential Construction Commission, P.O. Box 13144, Austin, TX 78711-3144. Comments regarding this application will be accepted for twenty-one days following the date of publication of this notice in the Texas Register. Thereafter, the comments will not be considered as timely filed.
TRD-200702399
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: June 13, 2007