Notice of Public Hearing on Proposed Repeal of Existing 7 TAC §25.25 and Proposed New §25.25
The Texas Department of Banking (Department) will conduct a public hearing to receive testimony concerning the proposed repeal of existing 7 TAC §25.25 and proposed new 7 TAC §25.25, concerning conversions from trust-funded to insurance-funded prepaid funeral contracts.
The Department will hold a public hearing on these proposals in Austin on January 29, 2008, at 10:00 a.m. at the Brown Heatly Building, 4900 North Lamar Boulevard, Room 1410, Austin, Texas 78751. The hearing is limited to discussion of the rule proposal only.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Brenda Medina at (512) 475-1332.
Written comments may be submitted to General Counsel, Texas Department of Banking, Legal Division, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705-4294 or by e-mail to legal@banking.state.tx.us no later than 5:00 p.m. on February 28, 2008. Copies of the proposed rule can be obtained from the department’s website at http://www.banking.state.tx.us/legal/rules/proposed.htm . For further information, please contact Brenda Medina at (512) 475-1332.
TRD-200800131
A. Kaylene Ray
General Counsel
Texas Department of Banking
Filed: January 10, 2008
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 01/21/08 - 01/27/08 is 18% for Consumer1 /Agricultural/Commercial 2 credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/21/08 - 01/27/08 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-200800162
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 15, 2008
Application for a Merger or Consolidation
Notice is given that the following application has been filed with the Credit Union Department and is under consideration:
An application was received from DMC Credit Union (Arlington) seeking approval to merge with The Local Federal Credit Union (Dallas), with the latter being the surviving credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200800176
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 16, 2008
Notice is given that the following application have been filed with the Credit Union Department and are under consideration:
An application was received from Star of Texas Credit Union, Austin, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, or worship and businesses within Travis County, Texas, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200800175
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 16, 2008
In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following application:
Articles of Incorporation - 50 Years to Perpetuity--Approved
IBEW Local 681 Credit Union, Wichita Falls, Texas
TRD-200800177
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 16, 2008
Request for Applications Concerning the Collaborative Dropout Reduction Pilot Program
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-129 from eligible public school districts and open-enrollment charter schools in Texas. Eligible applicants must have a minimum of 75 percent economically disadvantaged enrollment in the district during the preceding three school years. A list of eligible districts will be posted to the TEA Grant Opportunities page at http://burleson.tea.state.tx.us/GrantOpportunities/forms/. Eligible districts may form a shared services arrangement (SSA) in order to qualify for grant funds. An SSA is limited to no more than ten eligible districts. Education service centers (ESCs) are not eligible to apply as fiscal agents for an SSA under this grant.
Description. The purpose of this application is to solicit grant applications from eligible applicants to implement a pilot program to comprehensively reduce the number of students who drop out of school, increase student job skills and employment opportunities, and provide continuing education opportunities for students who might otherwise have dropped out of school. The local collaborative dropout reduction program is designed to provide a variety of services for students in the following four service areas: workforce skill development, academic support, attendance improvement, and student and family support services.
The pilot program serves students in Grades 9-12, and at least 50 percent of the students served in the program must be identified as being at risk of dropping out of school as defined in the Texas Education Code, §29.081(d).
Programs must collaborate with one or more local businesses, other local governments or law enforcement agencies, nonprofit organizations, faith-based organizations, or institutions of higher education to deliver proven, research-based intervention strategies.
Dates of Project. The Collaborative Dropout Reduction Pilot Program will be implemented during the 2008-2009 and 2009-2010 school years. Applicants should plan for a starting date of no earlier than August 1, 2008, and an ending date of no later than May 31, 2010.
Project Amount. A total of approximately $4 million is available for funding approximately 16 projects. Each project will receive a maximum of $250,000 for the 2008-2010 grant period. This project is funded 100 percent from state funds. Awarded districts will receive a base of $50,000 to create a new program or to expand/enhance current dropout programs in accordance with the provisions of the authorizing statute, and up to $1,000 per student served by the pilot program. Districts or SSAs must serve a minimum of 20 students and can receive a maximum amount of $250,000, which includes the $50,000 base amount. Each individual collaborative partner is not required to provide matching funds. However, applicants must demonstrate total matching funds from collaborating partners of at least 10 percent of the grant amount requested.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of the RFA may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter, complete RFA, and eligibility list will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, contact Priscilla Aquino, Division of State Initiatives, Texas Education Agency, (512) 936-6060. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, April 29, 2008, to be eligible to be considered for funding.
TRD-200800188
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 16, 2008
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-102 from school districts, open-enrollment charter schools, or shared services arrangements of school districts and/or open-enrollment charter schools with a student population of 65 percent or greater identified as economically disadvantaged. To promote college and workforce readiness, grant recipients must design and implement an Intensive Summer Program in partnership with an institute of higher education (IHE) to prepare participating students for college and/or offer college credit opportunities.
Description. An Intensive Summer Program funded by this pilot grant program must be research-based. Programs offered at the high school level (Grades 9-12) are required to offer instruction in the following three areas: mathematics, English Language Arts, and science. Programs at the middle school level (Grades 6-8) are required to offer instruction in both mathematics and reading. Eligible districts may apply to operate either a high school program, a middle school program, or both, or may apply to operate a combined middle school and high school program that offers differentiated curriculum and instruction for middle school and high school students. Grant funds may be used to expand or enhance an existing program or to develop and implement a new program. Additional classes and other supplementary activities to meet the goals of the program are allowed. A program supported by this grant must provide rigorous instruction, provide at least four weeks of instruction, and be designed and implemented in partnership with an IHE. Programs must provide instruction in the targeted core areas for a combined minimum of three hours per day.
Dates of Project. Intensive Summer Programs will be implemented during the 2008-2009 and 2009- 2010 school years. Applicants should plan for a starting date of no earlier than June 1, 2008, and an ending date of no later than December 31, 2009.
Project Amount. Approximately $4 million in funding is available for the Texas High School Initiative, Intensive Summer Programs Pilot Program, 2008-2009. Funding will be provided for approximately 25 projects. Programs will be awarded a per-student participant amount not to exceed $750 per student for a total maximum of $150,000 for each program year of the grant period. Funding must be matched by not less than $250 for each participating student in other federal, state, or local funds, including private donations. Participating school districts are encouraged, but not required, to use funds allocated as High School Allotment funds, as designated under the Texas Education Code, §42.2516(b)(3).
Applicants may apply for less than the maximum per-student participant amount.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of the RFA may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, contact Chris Caesar, Division of State Initiatives, Texas Education Agency, (512) 936-6434. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, March 20, 2008, to be eligible to be considered for funding.
TRD-200800187
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 16, 2008
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-104 for the Vision 2020 Grant for two separate strands: (1) Technology Immersion, and (2) the Texas Virtual School Network (TxVSN).
A Technology Immersion strand applicant must be a high-need local education agency (LEA). A high-need LEA is an LEA that (a) serves at least 2,500 or 22 percent of children from families with incomes below the poverty line as identified by the 2003 U.S. Census data; and (b) serves one or more schools identified for improvement or corrective action under the No Child Left Behind Act of 2001, Title I, §1116, or has a substantial need for assistance in acquiring and using technology as reflected in the Texas Campus STaR Chart.
A TxVSN strand applicant must be a high-need LEA or an eligible local partnership serving Grades 6-12. An education service center (ESC) is eligible to apply as fiscal agent of a shared services arrangement. A high-need LEA is an LEA that (a) serves at least 2,500 or 22 percent of children from families with incomes below the poverty line as identified by the 2003 U.S. Census data; and (b) serves one or more schools identified for improvement or corrective action under the No Child Left Behind Act of 2001, Title I, §1116, or has a substantial need for assistance in acquiring and using technology as reflected in the Texas Campus STaR Chart. An eligible partnership is a partnership that includes at least one high-need LEA and at least one of the following: (a) an LEA that can demonstrate that teachers are effectively integrating technology in the classroom and have pedagogical and technical support from the district; and that has an administration with vision, leadership, and a commitment to research-based professional development programs that increase teachers' technology integration skills and result in improvement in classroom instruction; (b) an institution of higher education that is in full compliance with the reporting requirements of the Higher Education Act of 1965, §207(f), as amended, and that has not been identified by the state as low-performing under that act; (c) a for-profit business or organization that develops, designs, manufactures, or produces technology productions or services or has substantial expertise in the application of educational technology in instruction; or (d) a public or private nonprofit organization with demonstrated expertise in the application of educational technology in instruction. The partnership may also include other LEAs, ESCs, libraries, or other educational entities appropriate to provide local programs.
Description. The purpose of the Vision 2020 Grant is to provide funding for two strands: (1) Technology Immersion, and (2) the TxVSN. Technology Immersion funding will provide high-need schools with the necessary resources to create a totally immersed campus or grade level. TxVSN funding will provide high-need schools with the necessary resources to provide online learning opportunities for students and/or teachers via the TxVSN. Districts may apply for both strands, but may only receive funding for one strand. Applicants must submit a separate application for each strand.
Dates of Project. Implementation of the Technology Immersion and TxVSN programs under the Vision 2020 Grant will begin during the 2008-2009 school year. Applicants should plan for a starting date of no earlier than September 1, 2008, and an ending date of no later than June 30, 2010.
Project Amount. A total of approximately $11 million is available for funding between 20 and 50 grants. Grant award amounts will range from a minimum of $25,000 to a maximum of $500,000. This project is funded 100 percent from federal funds under the No Child Left Behind Act of 2001, Title II, Part D, Subpart 1, contingent upon appropriation by the U.S. Congress.
Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of RFA #701-08-104 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms/ for viewing and downloading.
Further Information. For clarifying information about the RFA, contact Linda Hello, Division of Discretionary Grants, TEA, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms/.
Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, May 1, 2008, to be considered for funding.
TRD-200800191
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 16, 2008
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 February 25, 2008 . 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 February 25, 2008 . 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: Ameri-Forge Corporation dba Texas Metal Works; DOCKET NUMBER: 2007-1971-WQ-E; IDENTIFIER: RN101622710; LOCATION: Woodville, Tyler County, Texas; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 Texas Administrative Code (TAC) §281.25(a)(4), by failing to obtain a Multi-Sector General Permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(2) COMPANY: Patrick Y. Shin dba Cedar Hill Cleaners; DOCKET NUMBER: 2007-1438-DCL-E; IDENTIFIER: RN100607845; LOCATION: Cedar Hill, Dallas County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULE VIOLATED: 30 TAC §337.11(e) and Texas Health and Safety Code (THSC), §374.102(e), by failing to renew the dry cleaner registration; 30 TAC §337.14(c) and THSC, §5.702, by failing to pay outstanding dry cleaner fees; PENALTY: $2,000; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: City of Corpus Christi; DOCKET NUMBER: 2007-1436-MWD-E; IDENTIFIER: RN101610327 and RN101610400; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010401004, Permit Conditions Number 2(g) and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; 30 TAC §305.125(1) and (9) and TPDES Permit Number WQ0010401004, Monitoring and Reporting Requirements Number 7, by failing to provide notification of unauthorized discharges from the collection system orally; TPDES Permit Number WQ10401003, Permit Conditions Number 2(g) and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater from the collection system; TPDES Permit Number 10401003, Permit Conditions Number 2(g) and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater from the bar screen; 30 TAC §305.125(1), TPDES Permit Number 10401003, Final Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to meet the permitted single grab limit of 800 colonies per 100 milliliters for fecal coliform bacteria; 30 TAC §305.125(1) and (5) and §317.6, and TPDES Permit Number 10401003, Operational Requirements Number 1, by failing to properly operate and maintain all systems of treatment and control (and related appurtenances) installed or used to achieve compliance with permit conditions; 30 TAC §305.125(1) and (5) and §317.7(d), and TPDES Permit Number 10401003, Operational Requirements Number 1, by failing to properly operate and maintain all systems of treatment and control (and related appurtenances) installed or used to achieve compliance with permit conditions; and 30 TAC §305.125(1) and (5) and §317.7(e), and TPDES Permit Number 10401003, Operational Requirements Number 1, by failing to properly operate and maintain all systems of treatment and control (and related appurtenances) installed or used to achieve compliance with permit conditions; PENALTY: $42,810; Supplemental Environmental Project (SEP) offset amount of $42,810 applied to Coastal Bend Bays and Estuaries Program, Inc.; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(4) COMPANY: FMC Corporation; DOCKET NUMBER: 2007-1530-AIR-E; IDENTIFIER: RN100215417; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2)(C), and 122.146(2), Federal Operating Permit (FOP) Number O-02278, General Terms and Conditions, and THSC, §382.085(b), by failing to timely submit the annual compliance certification and associated deviations reports; PENALTY: $5,650; Supplemental Environmental Project (SEP) offset amount of $2,260 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: James E. Fortson; DOCKET NUMBER: 2007-1967-WR-E; IDENTIFIER: RN105359889; LOCATION: Corsicana, Navarro County, Texas; TYPE OF FACILITY: water rights; RULE VIOLATED: the Code, §11.081 and §11.121, by impounding, diverting, or using state water without a required permit; PENALTY: $350; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: INVISTA S.a.r.l.; DOCKET NUMBER: 2007-1392-AIR-E; IDENTIFIER: RN104392626; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: chemical processing; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Air Operating Permit Number O-02075, Special Condition (SC) 10, Air New Source Permit Number 1468, SC 1, and THSC, §382.085(b), by failing to prevent an unauthorized emissions event; and 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Air Operating Permit Number O-01897, SC 20, Air New Source Permit Number 1302, SC 1, and THSC, §382.085(b), by failing to prevent an unauthorized emissions event from the agitator seal; PENALTY: $11,100; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(7) COMPANY: J.C. Smith and Sons Sand and Gravel; DOCKET NUMBER: 2007-1970-WQ-E; IDENTIFIER: RN104896493; LOCATION: Livingston, Polk County, Texas; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a Multi-Sector General Permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(8) COMPANY: Louisiana-Pacific Corporation; DOCKET NUMBER: 2007-1422-AIR-E; IDENTIFIER: RN100215169; LOCATION: Jasper, Jasper County, Texas; TYPE OF FACILITY: oriented strandboard mill; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), FOP Number O-01198, General Terms and Conditions, and THSC, §382.085(b), by failing to submit a deviation report; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(9) COMPANY: Military Highway Water Supply Corporation; DOCKET NUMBER: 2007-1387-MWD-E; IDENTIFIER: RN101611366; LOCATION: Hidalgo County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013462001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permit effluent limits; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(10) COMPANY: North Bosque Water Supply Corporation; DOCKET NUMBER: 2007-1795-PWS-E; IDENTIFIER: RN101459220; LOCATION: McLennan County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h)(1)(A) and THSC, §341.033(e), by failing to install backflow prevention assemblies or an air gap at all residences or establishments where an actual or potential contamination hazard exists; PENALTY: $535; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(11) COMPANY: City of Pinehurst; DOCKET NUMBER: 2007-1444-MWD-E; IDENTIFIER: RN100528918; LOCATION: Pinehurst, Orange County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.126(a) and TPDES Permit Number WQ0010597001, Operational Requirements Number 8.a., by failing to initiate engineering and financial planning for expansion and/or upgrading of the wastewater treatment and/or collection facilities when the effluent daily average flow measurements reach 75% of the permitted daily average flow limit for three consecutive months; 30 TAC §305.125(5) and §317.4(b)(4) and (d) and TPDES Permit Number WQ0010597001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §305.125(5) and §317.3(e)(5) and TPDES Permit Number WQ0010597001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §319.5(b) and TPDES Permit Number WQ0010597001, Monitoring and Reporting Requirements Number 1, by failing to conduct effluent sampling at the minimum frequency specified in the permit; 30 TAC §305.125(17) and TPDES Permit Number WQ0010597001, Sludge Provisions, by failing to timely submit a copy of the annual sludge report; 30 TAC §305.125(1) and TPDES Permit Number WQ0010597001, Monitoring and Reporting Requirements Number 7.c., by failing to submit noncompliance notifications; 30 TAC §317.4(a)(8) and TPDES Permit Number WQ0010597001, Monitoring and Reporting Requirements Number 3.b., by failing to retain monitoring and reporting records for three years; 30 TAC §319.11(c) and (e) and TPDES Permit Number WQ0010597001, Monitoring and Reporting Requirements Number 2, by failing to comply with test procedures for the analysis of pollutants with procedures specified in 30 TAC §319.11; and 30 TAC §305.125(1) and TPDES Permit Number WQ0010597001, Monitoring and Reporting Requirements Number 3.c.iii., by failing to include the time of analysis in the record of monitoring activities; PENALTY: $15,717; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(12) COMPANY: S & K Iman, Inc. dba Convenient Food Mart; DOCKET NUMBER: 2007-1515-PST-E; IDENTIFIER: RN101788826; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain underground storage tank (UST) records and make them immediately available for inspection; 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding USTs; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the UST identification number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point; PENALTY: $2,850; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(13) COMPANY: San Angelo Feed Yard, Ltd.; DOCKET NUMBER: 2007-1414-AGR-E; IDENTIFIER: RN101513364; LOCATION: Tom Green County, Texas; TYPE OF FACILITY: beef cattle feeding operation; RULE VIOLATED: 30 TAC §321.40(k)(l) and TPDES General Permit Number TXG920349, Part III.A.11.(c)(1), by failing to apply manure at agronomic rates; 30 TAC §321.40(k)(3) and TPDES General Permit Number TXG920349, Part III.A.13.(a), by failing to have a detailed updated nutrient utilization plan; and the Code, §26.121(a), by failing to prevent the discharge of waste feed into waters in the state; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(14) COMPANY: San Antonio Water System; DOCKET NUMBER: 2007-1393-PST-E; IDENTIFIER: RN103111340; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: service center; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; and 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(15) COMPANY: Smith County Water Control and Improvement District No. 1; DOCKET NUMBER: 2007-1348-MWD-E; IDENTIFIER: RN102335874; LOCATION: Smith County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010285001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a), by failing to comply with its permitted effluent limits; PENALTY: $13,275; Supplemental Environmental Project (SEP) offset amount of $10,620 applied to Audubon Society-Tyler Habitat Improvement-Langley Island; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(16) COMPANY: Targa North Texas LP; DOCKET NUMBER: 2007-1431-AIR-E; IDENTIFIER: RN102553955; LOCATION: Young County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §101.221(a) and §106.4(c) and THSC, §382.085(b), by failing to keep emission capture and abatement equipment in good working order, functioning properly during normal operations, and operating within authorized emission limitations; PENALTY: $37,500; Supplemental Environmental Project (SEP) offset amount of $18,750 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: James Nolan, (254) 751-6634; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(17) COMPANY: TOTAL PETROCHEMICALS USA, INC.; DOCKET NUMBER: 2007-1425-AIR-E; IDENTIFIER: RN100212109; LOCATION: LaPorte, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit 21538, SC Number 6, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(a)(1)(A) and THSC, §382.085(b), by failing to submit the initial notification of a reportable emissions event; and 30 TAC §116.115(c), Air Permit 3908B, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $17,697; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(18) COMPANY: TOTAL PETROCHEMICALS USA, INC.; DOCKET NUMBER: 2007-1593-AIR-E; IDENTIFIER: RN100212109; LOCATION: LaPorte, Harris County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit 21538, SC Number 6, and THSC, §382.085(b), by failing to prevent unauthorized emissions events; PENALTY: $8,525; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(19) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2007-1234-AIR-E; IDENTIFIER: RN100238385; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a), Air Permit Number 39142, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $196,300; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(20) COMPANY: City of Waelder; DOCKET NUMBER: 2007-1278-MWD-E; IDENTIFIER: RN102916046; LOCATION: Waelder, Gonzales County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014252001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits; and 30 TAC §305.125(17) and TPDES Permit Number WQ0014252001, Sludge Provisions, by failing to submit monitoring results at the intervals specified; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
TRD-200800159
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 15, 2008
Notices issued January 9, 2008 through January 10, 2008.
TCEQ Internal Control No. 11152007-D01; Lake Travis Ranch LLC (the "Petitioner") filed a petition for creation of Vista Municipal Utility District of Travis County (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 670.03 acres located in Travis County, Texas; and (3) no portion of land within the proposed District is within the extraterritorial jurisdiction of any city, town, or village in Texas. The Petitioner, by separate affidavit, indicates that there are three lien holders, Rox Covert, Duke Covert, and Danay Covert, on the property to be included in the proposed District. The Petitioner has provided the TCEQ with a certificate evidencing the lien holders' consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $38,961,825.
TCEQ Internal Control No. 11272007-D02; CW Richmond, L.P. (Petitioner) filed a petition for creation of Fort Bend County Municipal Utility District No. 187 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land, consisting of one tract, to be included in the proposed District; (2) there is one lien holder, Amegy Bank National Association, on the property to be included in the proposed District; (3) the proposed District will contain approximately 519.56 acres located in Fort Bend County, Texas; and (4) the land within the proposed District is within the extraterritorial jurisdiction of the City of Richmond, Texas (City). According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the projects; and from the information available at the time, the cost of the water, wastewater, and drainage project is estimated to be approximately $47,871,200; the cost of the road facilities project is estimated to be approximately $5,050,000; and the cost of the parks and recreational facilities is estimated to be approximately $7,070,000.
INFORMATION SECTION
To view the complete issued notice, view the notice 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.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200800185
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 16, 2008
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 February 25, 2008. 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 February 25, 2008 . 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: Chez-Salin Quality Cleaners, Inc. dba Rodeo Cleaners 1, dba Rodeo Cleaners 2, dba Rodeo Cleaners 3, and dba Lyric South Cleaners; DOCKET NUMBER: 2006-0708-DCL-E; TCEQ ID NUMBERS: RN104087390, RN104087473, RN104087416, and RN102150364; LOCATIONS: 5414 West Military Drive, 633 South WW White Road, 4707 Pecan Valley Drive, and 2606 Pleasanton Road, San Antonio, Bexar County, Texas; TYPE OF FACILITIES: dry cleaning facility and dry cleaning drop stations; RULES VIOLATED: 30 TAC §337.11(e) and Texas Health and Safety Code (THSC), §374.102(a), by failing to complete and submit the required registration forms to TCEQ for a dry cleaning facility and three drop stations; PENALTY: $4,740; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(2) COMPANY: City of Kenedy; DOCKET NUMBER: 2007-0154-MWD-E; TCEQ ID NUMBER: RN102097839; LOCATION: approximately 1/2 mile east of Highway 72 and Farm-to-Market (FM) Road 792, Kenedy, Karnes County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), Texas Water Code (TWC), §26.121(a), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010746001, Effluent Limitations, by failing to comply with the permitted effluent limits for Biological Oxygen Demand, Total Suspended Solids, and Daily Average Flow at Outfall 001A for the monitoring periods ending June 30, 2006, July 31, 2006, and August 31, 2006; and 30 TAC §305.125(17), TWC, §26.121(a), and TPDES Permit Number WQ0010746001, Sludge Provisions, by failing to submit discharge monitoring reports at the intervals specified in the permit; PENALTY: $29,400; Supplemental Environmental Project (SEP) offset amount of $29,400 applied to Karnes County; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: City of La Coste; DOCKET NUMBER: 2005-0264-MWD-E; TCEQ ID NUMBER: RN101916617; LOCATION: 11311 Lytle La Coste Road, La Coste, Medina County, Texas; TYPE OF FACILITY: municipal wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and TPDES Permit Number 10889-001, Effluent Limitations and Monitoring Requirement 1, by failing to comply with the permitted effluent limit for ammonia nitrogen at Outfall 001; 30 TAC §305.125(1), TWC, §26.121(a)(1), and TPDES Permit Number 10889-001, Effluent Limitations and Monitoring Requirement 6, by failing to comply with the permitted effluent limit for dissolved oxygen at Outfall 001; and TWC, §26.121(c), by causing, suffering, allowing, and permitting the discharge of waste without commission authorization; PENALTY: $8,120; SEP offset amount of $8,120 applied to Texas State University River Systems Institute Continuous Water Quality Monitoring Network; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(4) COMPANY: Cruz Mendez dba New Way; DOCKET NUMBER: 2004-0716-PST-E; TCEQ ID NUMBERS: 18552 and RN102345097; LOCATION: 4306 West Marshall Avenue, Longview, Gregg County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) and TWC, §26.3475(a) and §26.3475(c)(1), by failing to have a release detection method capable of detecting a release from any portion of the underground storage tank (UST) system which contains regulated substances including tanks, piping, and other ancillary equipment; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to have overfill prevention equipment for five USTs; 30 TAC §334.49(c)(2)(C) and (c)(4), by failing to check the impressed current corrosion protection system once every 60 days; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs at a retail service station; PENALTY: $16,500; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(5) COMPANY: HAB, Inc. dba New Village Cleaners aka New Village Cleaner aka Village Cleaners; DOCKET NUMBER: 2006-1380-DCL-E; TCEQ ID NUMBER: RN104028626; LOCATION: 14646 FM Road 529, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.10(a) and 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; 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.
(6) COMPANY: The City of San Angelo; DOCKET NUMBER: 2006-0656-MSW-E; TCEQ ID NUMBER: RN102289576; LOCATION: 3002 Old Ballinger Highway, San Angelo, Tom Green County, Texas; TYPE OF FACILITY: municipal solid waste (MSW) landfill; RULES VIOLATED: 30 TAC §330.121(a) and MSW Permit Number 79, Section 12B, by failing to follow the Groundwater Sampling and Analysis Plan; PENALTY: $1,380; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
TRD-200800163
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 15, 2008
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 February 25, 2008. 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 February 25, 2008 . 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: Canyon Vista Custom Homes, LLC; DOCKET NUMBER: 2007-0600-WQ-E; TCEQ ID NUMBER: RN105008510; LOCATION: approximately 0.75 mile east of the intersection of Highway 71 and Farm-to-Market (FM) Road 2244, off of FM Road 2244, Travis County, Texas; TYPE OF FACILITY: construction business; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(a)(1), by failing to obtain authorization under the Texas Pollutant Discharge Elimination System (TPDES) Construction General Permit to discharge storm water associated with construction activities to waters of the State; PENALTY: $1,050; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(2) COMPANY: Daryl Major; DOCKET NUMBER: 2007-1041-MLM-E; TCEQ ID NUMBER: RN105212153; LOCATION: 1594 FM Road 1795, Willis, San Jacinto County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of MSW; and 30 TAC §111.201 and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the general prohibition on outdoor burning; PENALTY: $8,500; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(3) COMPANY: David Gayle Lovett; DOCKET NUMBER: 2007-0592-LII-E; TCEQ ID NUMBER: RN103386561; LOCATION: 3604 Randall Street, Amarillo, Randall County, Texas; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §344.70 and Texas Water Code (TWC), §37.013, by failing to comply with local requirements, ordinances, and regulations designed to protect the public water supply (PWS); and 30 TAC §344.94(a) and (b), by failing to provide a written licensed irrigator's agreement to install an irrigation system that specifies the licensed irrigator's name, license number, business address and telephone number, date that the agreement was signed by each party, total agreed price, the design number or copy of the design, and the statement Irrigation in Texas is regulated by the Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087; PENALTY: $1,575; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(4) COMPANY: Juan Rodriguez dba JJ's Cleaners; DOCKET NUMBER: 2006-1051-DCL-E; TCEQ ID NUMBER: RN103957320; LOCATION: 4422 South Marsalis Avenue, Dallas, Dallas County, Texas; TYPE OF FACILITY: dry cleaner drop station; RULES VIOLATED: 30 TAC §337.10(a) and 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; PENALTY: $140; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Michael Soza dba Water Valley Water Co-op; DOCKET NUMBER: 2007-1133-PWS-E; TCEQ ID NUMBER: RN101451110; LOCATION: south of State Highway 71, one mile east of Wolf Lane, east of Garfield, near the city of Cedar Creek, Travis County, Texas; TYPE OF FACILITY: PWS system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A) and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and by failing to provide public notice of the failure to sample, during the months of January 2005, April 2005, February 2006, October 2006, January 2007, and March 2007; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(A), by failing to collect at least five routine water samples during the month following a total coliform-positive sample result and by failing to provide public notice of the failure to collect the appropriate number of samples in May 2004 and December 2006; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement covering all property within 150 feet of the water system's two active wells; 30 TAC §290.45(b)(1)(A)(ii) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 50 gallons per connection; 30 TAC §290.46(d)(2)(A), by failing to operate the disinfection equipment to maintain a free chlorine residual of 0.2 milligrams per liter (mg/L) throughout the distribution system at all times; 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling cock on the discharge pipe of well pump Number 1; 30 TAC §290.46(t), by failing to post a legible sign that contains the name of the water supply and emergency telephone numbers where a responsible official can be contacted; 30 TAC §290.39(j), by failing to notify the executive director prior to making any significant change or addition to the system's pressure maintenance facilities; 30 TAC §290.41(c)(3)(K), by failing to provide a casing vent for well Number 1; 30 TAC §290.41(c)(3)(N), by failing to provide flow measuring devices for well Numbers 1 and 2; 30 TAC §290.42(1), by failing to provide a facility operations manual for operator review and reference; 30 TAC §290.42(e)(3), by failing to have disinfection equipment installed so that continuous and effective disinfection of the water supply can be secured under all conditions; 30 TAC §290.42(e)(5), by failing to completely cover the hypochlorination solution container top to prevent the entrance of dust, insects, and other contaminants; 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a), by failing to operate the system under the direct supervision of a water works operator who holds a Class D or higher license; 30 TAC §290.46(f), by failing to develop and maintain records of water works operation and maintenance activities; 30 TAC §290.46(j), by failing to complete and maintain customer service inspection certificates prior to providing continuous water service to new construction on any existing service when the water purveyor has reason to believe that cross connections and other potential contaminant hazards may exist, or after any material improvement, correction, or addition to the private water distribution facilities; 30 TAC §290.46(m), by failing to initiate maintenance housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.110(d)(3), by failing to obtain or utilize a test kit to measure the free chlorine residual to a minimum accuracy of plus or minus 0.1 mg/L; 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan for the water system; and 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay all annual and late Public Health Services fees for TCEQ Financial Administration Account Number 92270030 for Fiscal Years of 2002 - 2007; PENALTY: $11,890; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(6) COMPANY: Mohamed Ahmed Al Bataineh dba Harvest Food Store; DOCKET NUMBER: 2005-1241-PST-E; TCEQ ID NUMBER: RN100925064; LOCATION: 4626 Yale 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 injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST Registration late fees for TCEQ Financial Administration Account Number 0057887U; PENALTY: $1,050; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(7) COMPANY: Richard K. Song dba KS Cleaners; DOCKET NUMBER: 2007-0756-MLM-E; TCEQ ID NUMBER: RN103955639; LOCATION: 101 East Southwest Parkway, Suite 101, Lewisville, Denton County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102(e), by failing to obtain a current dry cleaning facility registration certificate; 30 TAC §337.20(e)(3)(A), by failing to install a dike or other secondary containment structure around each dry cleaning unit and around each storage area for dry cleaning solvents, dry cleaning waste, or dry cleaning containment; 30 TAC §337.20(e)(6), by failing to keep a weekly inspection log for each secondary containment structure; 30 TAC §335.4, by failing to prevent the unauthorized discharge of municipal hazardous waste; and 30 TAC §335.9(a)(1), by failing to provide documentation concerning the quantity of waste generated and quantity of waste shipped off-site for disposal each calendar year; PENALTY: $7,650; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: The City of Thornton; DOCKET NUMBER: 2006-0571-MWD-E; TCEQ ID NUMBER: RN102844461; LOCATION: approximately 0.5 mile south of the intersection of State Highway 14 and FM Road 1246, Thornton, Limestone County, Texas; TYPE OF FACILITY: municipal wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), (4), and (5) and §305.535(c)(1), TWC, §26.121(a), and TPDES Permit Number WQ0010824001, Condition Number 2.d., by failing to prevent or mitigate the unauthorized discharge of excess sludge into the receiving stream; 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit Number WQ0010824001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, by failing to comply with permitted effluent limits; and 30 TAC §305.102(1) and (17) and §319.7(d) and TPDES Permit Number WQ0010824001, Monitoring and Reporting Requirements Number 1, by failing to submit monitoring results at the intervals specified in the permit; PENALTY: $48,480; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
TRD-200800164
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 15, 2008
The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) in accordance with 30 TAC §294.41(i), gives notice of the completion, recommended action, and availability of the priority groundwater management area (PGMA) report entitled Updated Evaluation for the Central Texas - Trinity Aquifer - Priority Groundwater Management Study Area. In the report, the executive director recommends that the commission should designate a five-county area as a PGMA and recommends that a regional, combination fee, and ad valorem tax funded groundwater conservation districts (GCDs) represents the most feasible, economic, and practicable option for protection and management of the groundwater resources. The report was filed with the Office of the Chief Clerk of the TCEQ on January 9, 2008. The matter will be referred to the State Office of Administrative Hearings for a public hearing to be scheduled at a later date. Notice of the hearing will be provided in accordance with 30 TAC §294.42.
EXECUTIVE SUMMARY OF REPORT
This report presents the updated PGMA study for the Central Texas - Trinity Aquifer - area, including Bell, Bosque, Brown, Callahan, Comanche, Coryell, Eastland, Erath, Falls, Hamilton, Hill, Lampasas, Limestone, McLennan, Mills, and Somervell counties. The purpose of the study is to determine if all, part, or any of this area is experiencing or is expected to experience within the next 25-year period critical groundwater problems and to recommend physically and economically feasible groundwater management solutions if shortages of surface water or groundwater are occurring or are expected to occur.
A 1990 study by the Texas Water Commission (TWC), a TCEQ predecessor agency, and the Texas Water Development Board (TWDB) determined that Central Texas Study Area did not meet the criteria to be designated as a "critical area" primarily because of the availability of surface water supplies to meet projected needs. However, the TWC recommended that progress toward the conversion from groundwater to surface water usage should be reinvestigated; and if conversion plans were not being implemented or if GCDs were not being formed, designation consideration for the area may need to be reconsidered. At that time, three GCDs existed within the study area, Clearwater Underground Water Conservation District (UWCD) (Bell County), Fox Crossing WD (Mills County), and Saratoga UWCD (Lampasas County). The Middle Trinity GCD was created in Comanche and Erath counties in 2001.
TCEQ efforts to reevaluate the study area were started again in 1998, and TWDB and Texas Parks and Wildlife Department (TPWD) reports were completed in 1999. Shortly thereafter, the TCEQ chose to postpone the update effort until the 2001 Regional Water Plans and the 2002 State Water Plan were completed. State law was subsequently amended in 2001 to require TCEQ to complete this and several other similar update PGMA studies.
This study evaluates regional water resource issues and summarizes and evaluates data and information that has been developed in the Central Texas study area over the past 15 years. This report relies primarily on the data and supporting information for the 2001 and the 2006 Brazos G, Region F, and Lower Colorado Regional Water Plans and the 2002 State Water Plan. The report also evaluates and uses information provided by stakeholders, other TWDB publications and data, data from the groundwater availability modeling for the Trinity/Woodbine Aquifers, and natural resources issues identified by the Texas Parks and Wildlife Department. The report evaluates the authority and management practices of existing water management entities and purveyors within and adjacent to the study area and makes recommendations on appropriate strategies needed to conserve and protect groundwater resources in the study area.
On October 18, 2004, TCEQ mailed a notice to approximately 532 water stakeholders within the study area to solicit comments and information about water supplies and groundwater availability, water level trends, quality, and management.
From 2000 to 2030, the population of the 16-county Central Texas study area is projected to increase from just over 771,000 to just over 1.02 million residents. Likewise, the projected demand for water will increase from over 337,000 acre-feet (acft) in 2000 to a projected demand of over 416.9 thousand acft by 2030. Municipal use presently accounts for about 43% of the total water use and is projected to account for 45.6% by the year 2030.
The Trinity Aquifer is the primary groundwater resource in the study area, providing 52.9% of the groundwater, while the Brazos River Alluvium and the Woodbine Aquifers provide significant (26.2%) amounts of water in the eastern part of the study area. The Carrizo-Wilcox Aquifer provides 15.6% of the groundwater in the area, but only in Falls and Limestone counties. Other aquifers supplying the area are the Edwards-Balcones Fault Zone (BFZ, Northern Segment), Ellenburger-San Saba, and Marble Falls. Together, these aquifers supply about 5% of the total water supply in the study area. Groundwater-level declines including the associated reduction of artesian pressure caused by the continued removal of water from aquifer storage is a regional problem. This problem was identified in 1975 and remains a significant groundwater problem today.
Regional water plan strategies to increase reliance on the Trinity Aquifer have been adopted for many water user groups in the study area. Adding new wells or increasing existing well production are regional water plan strategies for six water user groups in Coryell, Eastland, Erath, Lampasas, and Mills counties.
The 2006 Brazos G Water Plans note that groundwater for mining in the study-area counties of Bosque, Comanche, Erath, Hamilton, Hill, and Somervell is derived from the Trinity, Woodbine, and Brazos River Alluvium Aquifers. The mining user group data in the regional water plans estimate the presently available water supply in these six counties for mining use is about 562 acft/year (yr). Harden and Associates (2007) estimated a typical vertical well completion consumes approximately 1.2 million gallons (3.68 acft), and a typical horizontal completion 3.0 - 3.5 million gallons of fresh water (9.21 - 10.74 acft) per well. Using this estimate, the current number of drilling applications in the six-county area would potentially represent about 2,148 acft of water use for this specific mining purpose. At present, the number of active drilling rigs appears to be the only limiting factor to the number of Barnett Shale gas wells that can be drilled each year.
More groundwater is being withdrawn than recharged to aquifers in most parts of the Central Texas study area. The continuing overdevelopment of the Trinity Aquifer threatens water supplies for rural, domestic, municipal, and small water providers who depend on groundwater resources. The water demands from the continued urbanization of the area and, more recently, the growing natural gas exploration activity are not expected to level out or to lessen over the next 25-year period.
Some groundwater users on the fringes of the Interstate 35 corridor, including many municipalities, will be converting to surface water sources over the next 10 to 20 years. However, increased groundwater pumpage to keep pace with the growth away from the corridor and the growing suburban cities is anticipated to continue. Historically, regional groundwater pumpage has not lessened when providers convert to surface water sources because those who develop next, just outside of the area that has recently converted to surface water, will look primarily to use the groundwater resources.
Preserving the ability to rely on the limited groundwater resource is and will remain a primary objective for remote rural water suppliers; individual businesses, industries, or homeowners; and, small municipalities. Protecting existing groundwater supplies is a critical issue for these groundwater users because the delivery of alternative surface water supplies is not projected to be economically feasible. For these reasons, it is recommended that the following counties be designated as the Central Texas (Trinity Aquifer) PGMA: Bosque, Coryell, Hill, McLennan, and Somervell. Critical groundwater problems are not presently occurring or projected to occur in Bell, Brown, Callahan, Comanche, Eastland, Erath, Falls, Hamilton, Lampasas, Limestone, or Mills counties within the next 25-year period; and these counties should not be designated as part of the recommended Central Texas (Trinity Aquifer) PGMA.
The Brazos G regional water plan reports that Eastland County had a total water shortage of 9,140 acft in 2000 for the irrigation water user group. The report also projects an annual shortage of about 9,200 acft/yr through 2030 when the shortage is projected to be 9,224 acft. Strategies to meet these needs are conservation, weather modification, and brush control. There do not appear to be any long-term water level declines in the Trinity Aquifer in Eastland County, which indicates that there has been no significant mining of the aquifer. Therefore, Eastland County is not being designated as part of the recommended Central Texas (Trinity Aquifer) PGMA.
One or more GCDs created within Bosque, Coryell, Hill, McLennan, and Somervell counties would have the necessary authority to address the groundwater problems identified in the area. Financing groundwater management activities through a combination of well production fees and ad valorem taxes is concluded to be the most viable alternative. A regional GCD for these counties would include the greatest areal extent of the Trinity Aquifer experiencing supply problems and would be the most cost effective. From a resource protection perspective, this option would be the most efficient by allowing for a single groundwater management program that would assure consistency across the area, providing a central groundwater management entity for decision-making purposes and simplifying groundwater management planning responsibilities related to Groundwater Management Area #8.
The remote rural water suppliers; individual businesses, industries, or homeowners; and, small municipalities of these counties would benefit from groundwater management programs for the Trinity, Brazos River Alluvium, and Woodbine Aquifers. GCD programs with the following goals would benefit groundwater users in the area: manage groundwater withdrawals; quantify groundwater availability and quality; identify groundwater problems that should be addressed through aquifer and area-specific research, monitoring, data collection, assessment, and education programs; quantify aquifer impacts from pumpage; establish a comprehensive water well inventory, registration, and permitting program; and evaluate and understand aquifer characteristics sufficiently to establish spacing regulations to minimize drawdown of water levels and to prevent interference among neighboring wells.
It is recommended that a regional, combination fee, and ad valorem tax funded GCD for the preservation of the Trinity, the Brazos River Alluvium, and the Woodbine Aquifers in Bosque, Coryell, Hill, McLennan, and Somervell counties represents the most feasible, economic, and practicable option for protection and management of groundwater resources.
Alternatively, it is recommended that two multi-county GCDs could be created based on local actions taken independently to create, subject to a confirmation election, the Tablerock GCD, Coryell County and the McLennan County GCD. Each newly created district must add at least one adjacent county to their district before September 1, 2011.
It is also suggested that the landowners in Eastland County living and relying heavily on the Trinity Aquifer would find it beneficial to join the existing Middle Trinity GCD.
The use and application of the permissive authority granted to municipal and county platting authorities to require groundwater availability certification under the Local Government Code can be an effective tool to help ensure that residents of new subdivisions with homes that will rely on individual wells will have adequate groundwater resources. It is recommended that local governments consider using this groundwater management tool to address water supply concerns in rapidly developing areas.
REPORT AVAILABILITY
The executive director's report was filed on January 9, 2008, with TCEQ's Office of the Chief Clerk, located at 12100 Park 35 Circle, Building F, Room 1104, Austin, Texas. The report is available for public inspection at the following county clerk office locations: 104 West Morgan St., Meridian; 620 E. Main, Gatesville; County Courthouse, Hillsboro; 215 N. 5th St., Rm. 223, Waco; and County Courthouse, Glen Rose. The report is also available for inspection at the following libraries and locations: Tarleton State University, Dick Smith Library, Special Services, 201 Saint Felix, Stephenville; Baylor University, Texas Collection, 1429 S. Fifth St. Waco; Temple Public Library, 100 W Adams Ave, Temple; Meridian Public Library, 105 N Erath, Meridian; Brownwood Public Library, 600 Carnegie Blvd., Brownwood; Callahan County Library, 100 West 4th B1, Baird; Comanche Public Library, 311 N. Austin Street, Comanche; Gatesville Public Library, 111 N. 8th Street, Gatesville; Ranger Public Library, 718 Pine Street, Ranger; The City Of Stephenville Library, 174 North Columbia Street, Stephenville; Marlin Public Library, 301 Winter St., Marlin; Hamilton Public Library, 201 North Pecan, Hamilton; Hillsboro City Library, 118 South Waco Street, Hillsboro; Lampasas Public Library, 201 S. Main Street, Lampasas; Moffat Memorial Library, 601 W Yeagua St., Groesbeck; Jennie Trent Dew Library, 1101 Hutchings St., Goldthwaite; Waco-McLennan County Library, P.O. Box 2570, Waco; Somervell County Library, 108 Allen Dr., Glen Rose; Legislative Reference Library, Texas State Capitol Building, 1100 Congress Ave., Rm 2N.3, Austin; Texas State Library, 1201 Brazos, Austin; Brazos Valley GCD, 112 W. 3rd Street, Hearne; Central Texas GCD, 225 S. Pierce, Burnet; Clearwater UWCD, 2180 North Main, Belton; Fox Crossing Water District, 1011 4th St., Goldthwaite; McLennan County GCD, 4900 Sanger Ave., Waco; Middle Trinity GCD, 150 N. Harbin St., Ste. 434, Stephenville; Post Oak Savannah GCD, 310 E Ave. C, Milano; Saratoga UWCD, 501 E. 4th Street, Lampasas; Tablerock GCD, 620 East Main St., Gatesville; Region F Water Planning Group - Freese and Nichols, Inc., 10814 Jollyville Road, Building 4, Suite 100, Austin; Brazos G Water Planning Group - Brazos River Authority, 4600 Cobbs Dr., Waco; Lower Colorado Regional Water Planning Group - Turner Collie & Braden, 400 W. 15th Street Suite 500, Austin; TCEQ Region 3 Office, 1977 Industrial Blvd., Abilene; TCEQ Region 4 Office, 2309 Gravel Dr., Fort Worth; TCEQ Region 9 Office, 6801 Sanger Ave Ste 2500, Waco; and on the commission's Web site at http://www.tceq.state.tx.us/permitting/water_supply/groundwater/pgma.html . Copies of the report may be obtained by contacting Mr. Leon Byrd at (512) 239-0540, by email at cbyrd@tceq.state.tx.us , or in writing to Mr. Leon Byrd, Texas Commission on Environmental Quality, Groundwater Planning and Assessment, MC 147, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200800170
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 15, 2008
The following notices were issued during the period of January 9, 2008 through January 14, 2008.
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.
INFORMATION SECTION
ALDINE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. WQ0013609001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 42,000 gallons per day. The facility is located approximately 700 feet southeast of the intersection of Frick Road and Ann Louise Road, approximately 1,200 feet southeast of Halls Bayou, and approximately 6,500 feet southwest of Beltway 8 and Veterans Memorial Drive in Harris County, Texas.
BARI INVESTMENTS, LLLP has applied for a new permit, proposed TPDES Permit No. WQ0014835001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,200,000 gallons per day. The facility will be located south of the City of Gunter, approximately 1 1/2 miles west of the intersection of Highway 289 and Marilee Road, and approximately 3/4 mile north of Marilee Road in Grayson County, Texas.
CHAMP'S WATER COMPANY has applied for a renewal of TPDES Permit No. WQ0012730001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,400 gallons per day. The facility is located at 10717 Country Meadow Lane, approximately 150 feet west of the intersection of Country Meadow Lane and Huffsmith-Kohrville and 2.3 miles south-southeast of the City of Tomball in Northwest Harris County, Texas.
Consideration of the application by DENNIS JAMES SCHOUTEN, CORNELIUS THOMAS SCHOUTEN, AND NICHOLAS SCHOUTEN for a major amendment of Permit No. WQ0004133000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to expand an existing Dairy facility from 650 head to a maximum capacity of 999 head, of which 999 head are milking cows. The facility is located on the west side of State Highway 108, approximately 1.25 miles south of the intersection of State Highway 108 and Farm-to-Market Road 219 in Erath County, Texas
CITY OF DENTON has applied for a major amendment to TPDES Permit No. WQ0010027004 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 250,000 gallons per day to an annual average flow not to exceed 1,600,000 gallons per day. The facility is located 14,800 feet southeast of the intersection of Highway 2449 and Highway 156 at Ponder and 14,600 feet northeast of the intersection of Highway 1384 and Highway 156 in Denton County, Texas.
FAIRBANKS PLAZA SHOPPING CENTER, L.P. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014827001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. This facility was previously permitted under TPDES Permit No. WQ0012139001, which expired March 01, 2007. The facility is located approximately 600 feet southwest of the intersection of U.S. Highway 290 and Fairbanks-North Houston Road in Harris County, Texas.
THE FORT WORTH BOAT CLUB has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014840001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 15,800 gallons per day. This facility was previously authorized under permit No. WQ0011123001 which was allowed to expire December 1, 2006. The facility is located approximately two miles west of Farm-to-Market Road 1220 on Boat Club Road and on the east side of Eagle Mountain Reservoir in Tarrant County, Texas.
HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 61 has applied for a renewal of TPDES Permit No. WQ0010876001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,600,000 gallons per day. The facility is located approximately 3,500 feet south of Cypress-North Houston Road and 3,000 feet east of Huffmeister Road in Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 has applied for a renewal of TPDES Permit No. WQ0011406001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located approximately 3,500 feet east of the confluence of Spring Creek and Cypress Creek, and 9,400 feet north of Farm-to-Market Road 1960 in Harris County, Texas.
HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 110 has applied for a renewal of TPDES Permit No. WQ0011964001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,000,000 gallons per day. The facility is located at 627 Cypress Oaks Drive, Spring, Texas, 1,200 feet north of Cypress Creek and approximately 1,400 feet west of Interstate Highway 45 and U.S. Highway 75 in Harris County, Texas.
IS ZEN CENTER has applied for a renewal of TPDES Permit No. WQ0014491001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day. The facility is located at 9550 Carraway Lane, 850 feet northeast of the northeast corner of the intersection of Dobbin-Hufsmith Road and Carraway Lane in Montgomery County, Texas.
JEREMIAH VENTURE, LP has applied for a new permit, Proposed Permit No. WQ0014785001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 330,000 gallons per day via surface irrigation of 122.37 acres of public access land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located at 6327 Farm-to-Market Road 967, Buda, in Hays County, Texas.
JIMMIE WAYNE MASSEY has applied to the TCEQ for a renewal of TPDES Permit No. WQ0011768001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The existing wastewater treatment facility receives wastewater from a liquid waste dewatering facility (dewatering unit for domestic sewage, domestic septage and grease trap wastes from other facilities), a chemical toilet pretreatment unit, and domestic wastewater from a washateria and an office building. The liquid wastes from the liquid waste dewatering facility and pretreatment unit are routed to the headworks of the wastewater treatment facility and commingled with the domestic wastewater for treatment under this permit. The applicant is requesting changes to the existing permit to include authorization for the liquid waste dewatering facility in the domestic wastewater permit instead of obtaining authorization via a Municipal Solid Waste (MSW) Type V Grease and Grit Trap Waste authorization. The facility is located approximately 3/4 mile southeast of the intersection of Farm-to-Market Road 2540 and State Highway 35 in Matagorda County, Texas.
KINGS MANOR MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ13526001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located at 27000 Greenberry Drive, 0.6 mile northeast of the intersection of State Highway Loop 494 and Kingwood Drive in Harris County, Texas.
LAND TEJAS PARK LAKES 1023, L.P. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014812001 to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,000,000 gallons per day. The facility will be located on the east bank of Williams Gully, about 6,000 feet north of the intersection of Beltway 8 and Lockwood Road in Harris County, Texas.
CITY OF MCALLEN has applied for a major amendment to TPDES Permit No. WQ0010633004 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 8,000,000 gallons per day to an annual average flow not to exceed 18,000,000 gallons per day. The facility is located on Sprague Road approximately 1.5 miles southwest of the intersection of Farm-to-Market Road 2061 and State Highway 107 in Hidalgo County, Texas.
MONARCH UTILITIES I L.P. has applied for a renewal of TPDES Permit No. WQ0012587001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 460,000 gallons per day. The facility is located approximately 1.3 miles west of the intersection of Huffsmith-Dobbin Road and Hardin-Store Road in Montgomery County, Texas.
NORTHLAND JOINT VENTURE has applied for a renewal of TPDES Permit No. WQ0011572001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located approximately 700 feet east of Interstate Highway 45, adjacent to Northland Shopping Center and approximately 1000 feet south-southeast of the intersection of Interstate Highway 45 and Spring Cypress Road (Farm-to-Market Road 2920) in Harris County, Texas.
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 has applied for a renewal of TPDES Permit No. WQ0014030001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located at 11023 Regency Green Drive, approximately 1/4 mile west of Jones Road and 1/3 mile south of Grant Road in Harris County, Texas.
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 20 has applied for a renewal of TPDES Permit No. WQ0013625001 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,700,000 gallons per day. The facility is located approximately 6,500 feet north and 8,700 feet east of the intersection of Farm-to-Market Road 1960 and Stuebner Airline Road, approximately 2 1/4 miles northeast of the same intersection in Harris County, Texas.
CITY OF PASADENA has applied for a renewal of TPDES Permit No. WQ0010053009, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 14,000,000 gallons per day. The facility is located at 209 North Main Street, on the north side of Little Vince Bayou in the City of Pasadena in Harris County, Texas.
RAYFORD ROAD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0012030001, 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 north of Rayford Road, approximately 2.1 miles east of the intersection of Rayford Road and Interstate Highway 45 in Montgomery County, Texas.
SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a major amendment to TPDES Permit No. WQ0014612001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 600,000 gallons per day to an annual average flow not to exceed 3,500,000 gallons per day. The facility is located approximately 500 feet south of Sienna Parkway, 465 feet east of Channel 2 and west of the pipeline easement in Fort Bend County, Texas.
SKINNER LANDS TURKEY CREEK, LLC which operates the Skinner Lands Turkey Creek facility, a 120-acre woody ornamental plant nursery, has applied for a renewal of TPDES Permit No. WQ0003076000, which authorizes the discharge of excess water from a recycle irrigation system on an intermittent and flow variable basis via Outfalls 001 and 002. The facility is located at the intersection of Broze Road and Farm-to-Market Road 1960, approximately 5.5 miles east of Interstate Highway 45, Harris County, Texas.
SPRING CREEK UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011574001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 930,000 gallons per day. The facility is located at 2300 Leichester Drive, approximately one mile west of the intersection of Riley Fuzzel Road and Rayford Road in Spring, Montgomery County, Texas.
TIMBERLAKE IMPROVEMENT DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0011267001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 400,000 gallons per day to a daily average flow not to exceed 500,000 gallons per day. The facility is located at 12702 Jarvis Drive, Cypress, Texas, south of Cypress Creek, approximately 3.2 miles north of the intersection of U.S. Highway 290 and Farm-to-Market Road 1960 and approximately 1.4 miles north of the intersection of Cypress-North Houston Road and Huffmeister Road in Harris County, Texas.
TRESCHWIG JOINT POWERS BOARD has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0011141001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located at 4414 Treschwig Road, Spring, Texas, on the north bank of Cypress Creek approximately one mile north of Farm-to-Market Road 1960 and 2.5 miles east of the Missouri Pacific Railroad in Harris County, Texas.
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-200800183
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 16, 2008
Notice issued January 14, 2008.
APPLICATION NO. 12247; Kinder Morgan Tejas Pipeline, L.P., Applicant, 500 Dallas Street, Suite 1000, Houston, Texas 77002, has applied for a Temporary Water Use Permit to divert and use not to exceed 24 acre-feet of water from Kickapoo Creek, Trinity River Basin, within a period of one year for industrial purposes in Polk County. More information on the application and how to participate in the permitting process is given below. The application and fees were received on September 6, 2007, and additional information and fees were received on November 7, 2007. The application was declared administratively complete and filed with the Office of the Chief Clerk on November 16, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by February 4, 2008.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment, and is not a contested case hearing.
The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Texas Commission on Environmental Quality (TCEQ) Office of the Chief Clerk at the address provided below.
If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200800184
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 16, 2008
The Texas Commission on Environmental Quality (TCEQ) is requesting nominations for three individuals to serve on the Irrigator Advisory Council (council). Two of the individuals must be an irrigator licensed to work in Texas and the third individual represents the public. Council members will be asked to serve a six-year term beginning in 2009.
The Texas Occupations Code, Title 12, Chapter 1903, Subchapter D (see 30 TAC §344.10) provides the structure of the nine-member council appointed by the TCEQ. The council is comprised of nine members appointed by the TCEQ: six licensed irrigators who are residents of Texas, experienced in the irrigation business, and familiar with irrigation methods and techniques; and three public members.
The council provides valuable feedback and suggestions to improve landscape irrigation in Texas. The council members are required to attend half of the annual meetings. The council members generally meet for one day in Austin in March, July, and November of each year. Council members are not paid for their services but are eligible for reimbursement of travel expenses at state rates as appropriated by the legislature.
To nominate an individual: 1) ensure the individual is qualified for the position for which he/she is being considered; 2) submit a brief biographical summary which includes work experience; and 3) provide the nominee a copy of this request. The nominee must submit a letter indicating his/her agreement to serve, if appointed.
Written nominations and letters from nominees must be received by 5:00 p.m. on May 31, 2008. The appointment will be considered by the TCEQ at a future agenda. Please mail all correspondence to Candice Garrett, Texas Commission on Environmental Quality, Compliance Support Division, MC 178, P.O. Box 13087, Austin, Texas 78711-3087 or fax to (512) 239-6390. Questions regarding the council can be directed to Ms. Garrett at (512) 239-1451, or e-mail: cgarrett@tceq.state.tx.us. Additional information regarding the council is available on the web site: http://www.tceq.state.tx.us/compliance/compliance_support/regulatory/irrigation/irr_advisory.html.
TRD-200800132
Robert Martinez
irector, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 11, 2008
The Texas Facilities Commission (TFC), on behalf of the Texas Department of Criminal Justice, announces the issuance of Request for Proposals (RFP) #303-8-10589A. TFC seeks a five or a ten year lease of approximately 7,871 square feet of office space in Pasadena, Harris County, Texas.
The deadline for questions is February 1, 2008 and the deadline for proposals is February 13, 2008 at 3:00 p.m. The award date is March 21, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=74674.
TRD-200800180
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 16, 2008
The Texas Facilities Commission (TFC), on behalf of the Department of Family and Protective Services (DFPS), announces the issuance of Request for Proposals (RFP) # 303-8-10891. TFC seeks a 5 or 10 year lease of approximately 10,859 square feet of office space in Houston, Harris, Texas.
The deadline for questions is February 8, 2008 and the deadline for proposals is February 22, 2008 at 3:00 p.m. The award date is March 21, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=74702.
TRD-200800190
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 16, 2008
Notice of Hearing on Proposed Provider Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 11, 2008, at 9:00 a.m., to receive public comment on proposed payment rates for the Residential Care (RC) program, assisted living/residential care services under the Community Based Alternatives (CBA AL/RC) program, assisted living/residential care services under the Consolidated Waiver (CW) program and Community Based Alternatives Personal Care III services (PCIII). The Department of Aging and Disability Services (DADS) operates these programs. The payment rates are proposed to be effective March 1, 2008.
The public hearing will be held in compliance with Human Resources Code §32.0282 and Title 1 of the Texas Administrative Code (TAC) §355.105(g), which require public notice and hearings on proposed reimbursement rates. 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 Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring American with Disabilities 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. HHSC proposes to decrease the facility cost area rates for the RC, CBA AL/RC, CW and PCIII programs to reflect the most recent increase in Federal Supplemental Security Income (SSI) payments in accordance with the rate setting methodologies listed below under Methodology and Justification. The methodologies require that when SSI is increased, the per diem reimbursement be decreased by an amount equal to that increase.
Methodology and justification. The proposed rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.509(c)(2) for the RC program, 1 TAC §355.503(d)(2)(B) for the CBA AL/RC program, and 1 TAC §355.506(a) for the CW program.
Briefing package. A briefing package describing the proposed reimbursement rates will be available on January 28, 2008. 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 and oral comments. Written comments regarding the 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-200800158
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: January 15, 2008
Hearing. The Texas Health and Human Services Commission (HHSC) published a public notice regarding the proposed Medicaid payment rates for bariatric surgery procedure codes in the January 11, 2008, issue of the Texas Register (33 TexReg 439). The notice listed incorrect rates. The correct notice should be as follows:
The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on January 30, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for bariatric surgery procedure codes listed below. These changes are associated with Medicaid medical policy changes. 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 payment rates will be effective March 1, 2008. The proposed rates are as follows:
Proposed Medicaid Payment Rates
Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners, and 1 TAC §355.8121, which addresses the reimbursement methodology for ASCs/HASCs.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after January 14, 2008. 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-200800153
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: January 14, 2008
The Texas Department of Housing and Community Affairs adopted new §§53.80 - 53.86, concerning HOME Rules in the January 4, 2008, issue of the Texas Register (33 TexReg 95).
Due to a submittal error, the text in the first paragraph of the preamble is incorrect. The first paragraph stated that §53.80 was adopted without changes. Section 53.80 should have been adopted with changes, because it was changed from the proposal due to comments received. The first paragraph is corrected to read as follows:
The Texas Department of Housing and Community Affairs (the Department) adopts new Chapter 53, Subchapter G, §§53.80 - 53.86, concerning HOME Rules as published in the October 5, 2007, issue of the Texas Register (32 TexReg 6950). Sections 53.80, 53.81 and 53.85 are adopted with changes. Sections 53.82 - 53.84 and §53.86 are adopted without changes and will not be republished.
Please refer to the Texas Administrative Code 10 TAC §53.80 for the text of the rule.
TRD-200800133
Third Party Administrator Applications
The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.
Application of MARRIOTT CLAIM SERVICES CORPORATION, a domestic third party administrator. The home office is DALLAS, TEXAS.
Application of STREAMLINE ADMINISTRATORS, LLC, a domestic third party administrator. The home office is ALLEN, TEXAS.
Application of THE FRANK GATES SERVICE COMPANY, a foreign third party administrator. The home office is DUBLIN, OHIO.
Application of SABINE-NECHES ADMINISTRATORS, LC (using the assumed name of GREENTREE ADMINISTRATORS), a domestic third party administrator. The home office is BEAUMONT, TEXAS.
Application of USI INSURANCE SERVICES LLC, a foreign third party administrator. The home office is WILMINGTON, DELAWARE.
Application of CHESTERFIELD SERVICES, INC., a foreign third party administrator. The home office is AKRON, OHIO.
Application of MONTLAKE HOLDINGS LLC, a foreign third party administrator. The home office is SEATTLE, WASHINGTON.
Application of NAVITUS HEALTH SOLUTIONS, LLC, a foreign third party administrator. The home office is APPLETON, WISCONSIN.
Application to change the name of VALIC RETIREMENT SERVICES COMPANY to AIG RETIREMENT SERVICES COMPANY, a domestic third party administrator. The home office is HOUSTON, TEXAS.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.
TRD-200800181
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: January 16, 2008
The Texas Department of Insurance, Division of Workers' Compensation adopted amendments to 28 TAC §134.1 and new §§134.2, 134.203 and 134.204, concerning Medical Fee Guideline, in the January 11, 2008, issue of the Texas Register (33 TexReg 364). The following errors occurred in the rule adoption preamble:
Page 370, left column, fourth paragraph. The word "guidelines" should be "guideline".
The sentence should read as follows: "New §134.203 and §134.204 are based on and address the same subject matter as the current §134.202 medical fee guideline;..."
Page 382, left column, fourth line from the bottom. The word "achieve" should be "achieved".
The full sentence should read as follows: "All internal coherence between medical service categories in a medical fee guideline is achieved only if the guideline has a relative based RVU scale such as RBRVS which values every unique medical procedure or service."
Page 385, left column, second paragraph, first sentence. The word "commission" should be "Division".
The full sentence should read as follows: "Agency Response: The Division disagrees with the commenters' statement that Division rules and regulations tie up the healthcare providers' time, and that the energy and commitment to care for a workers' compensation patient is approximately 250 percent of the overhead as compared to Medicare."
Page 387, left column, fifth paragraph, third line. The reference to "HCPCPS" should be "HCPCS".
The sentence should read as follows: "Comment: Commenters recommend rules be further modified, with suggested draft language, to make the MEI applicable to fees for the services and/or supplies rendered via HCPCS Level II codes and pathology and laboratory services not addressed in the CPT Code service categories, as well as all services identified in §134.204."
TRD-200800189
The Texas Department of Insurance, Division of Workers' Compensation (TDI) will hold a public hearing on Monday, February 4, 2008 in the Tippy Foster Room at the Metro Center Location, 7551 Metro Center Drive in Austin.
The public hearing will begin at 1:00 p.m. and TDI will take testimony on the following rules:
Chapter 133. General Medical Provisions
Subchapter D. Dispute of Medical Bills
§133.305. MDR--General.
§133.307. MDR of Fee Disputes.
§133.308. MDR by Independent Review Organizations.
The proposed rules were published in the December 14, 2007, issue of the Texas Register (32 TexReg 9257), and may be viewed on the TDI website at http://www.tdi.state.tx.us/wc/rules/proposedrules/toc.html.
TDI offers reasonable accommodations for persons attending meetings, hearings, or educational events, as required by the Americans with Disabilities Act. If you require special accommodations, contact Idalia Cantu at (512) 804-4403 at least two days prior to the hearing date.
For further information regarding this notice, contact Blanca Guardiola at (512) 804-4716.
TRD-200800165
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: January 15, 2008
Instant Game Number 1035 "2 Times Lucky"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1035 is "2 TIMES LUCKY". The play style for this game is "key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1035 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1035.
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, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 2X, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000 and $20,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1035 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Figure 2: GAME NO. 1035 - 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 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) 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: 00000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00 or $200.
I. High-Tier Prize - A prize of $2,000 or $20,000.
J. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1035), 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: 1035-0000001-001.
L. Pack - A pack of "2 TIMES LUCKY" 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 "2 TIMES LUCKY" Instant Game No. 1035 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 "2 TIMES LUCKY" Instant Game is determined once the latex on the ticket is scratched off to expose 21 (twenty-one) Play Symbols. If a player reveals the LUCKY NUMBER in any game, the player wins prize for that game. If a player reveals a "2X", the player wins DOUBLE the prize 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 21 (twenty-one) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 21 (twenty-one) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 21 (twenty-one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 21 (twenty-one) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. No duplicate non-winning prize symbols.
C. No duplicate non-winning GAME 1 through 5 play symbols on a ticket.
D. Non-winning prize symbols will never be the same as the winning prize symbol(s).
E. Each GAME, other than GAME 5, may win more than once, but there will be no more than 10 wins per ticket.
F. The "2X" (doubler) play symbol will appear only on intended winning tickets as dictated by the prize structure.
G. No prize amount in a non-winning spot will correspond with the corresponding GAME 1 through 5 play symbol (i.e. 5 play symbol in GAME 3 and $5 prize symbol in GAME 3).
2.3 Procedure for Claiming Prizes.
A. To claim a "2 TIMES LUCKY" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "2 TIMES LUCKY" Instant Game prize of $2,000 or $20,000, 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 "2 TIMES LUCKY" 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 "2 TIMES LUCKY" 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 "2 TIMES LUCKY" 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 7,080,000 tickets in the Instant Game No. 1035. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1035 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. 1035, 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-200800125
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 10, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1037 is "MAJESTIC JEWELS". The play style is "coordinate with prize legend".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1037 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 1037.
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: A1, A2, A3, A4, A5, A6, B1, B2, B3, B4, B5, B6, C1, C2, C3, C4, C5, C6, D1, D2, D3, D4, D5, D6, E1, E2, E3, E4, E5, E6, F1, F2, F3, F4, F5 and F6.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1037 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Figure 2: GAME NO. 1037 - 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 14 (fourteen) 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 (10) 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: 00000000000000.
G. Low-Tier Prize - A prize of $3.00, $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $30.00, $40.00, $50.00, $60.00, $75.00, $100, $150, $300 or $500.
I. High-Tier Prize - A prize of $3,000 or $30,000.
J. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1037), 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: 1037-0000001-001.
L. Pack - A pack of "MAJESTIC JEWELS" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be 2 fanfold configurations for this game. Configuration A will show the front of ticket 001 and the back of ticket 125. Configuration B will show the back of ticket 001 and the front of ticket 125.
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 "MAJESTIC JEWELS" Instant Game No. 1037 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 "MAJESTIC JEWELS" Instant Game is determined once the latex on the ticket is scratched off to expose 48 (forty-eight) Play Symbols. The player will scratch the "CROWN GRID COORDINATES" play symbols. The player will then scratch only the boxes on the CROWN GRID whose letters and numbers match the "CROWN GRID COORDINATES". If a player reveals 3 matching play symbols, the player wins the prize according to the prize legend. 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 48 (forty-eight) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 48 (forty-eight) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 48 (forty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 48 (forty-eight) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. A ticket may win up to four (4) times per the prize structure.
C. No duplicate CROWN GRID COORDINATE play symbols on a ticket.
D. No grid will be used consecutively.
2.3 Procedure for Claiming Prizes.
A. To claim a "MAJESTIC JEWELS" Instant Game prize of $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $40.00, $50.00, $60.00, $75.00, $100, $150, $300 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, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, required to pay a $30.00, $40.00, $50.00, $60.00, $75.00, $100, $150, $300 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 "MAJESTIC JEWELS" Instant Game prize of $3,000 or $30,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "MAJESTIC JEWELS" 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 "MAJESTIC JEWELS" 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 "MAJESTIC JEWELS" 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. 1037. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1037 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. 1037, 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-200800126
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 10, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1045 is "TEXAS NBA". The play style is "key number match with doubler.
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1045 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1045.
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, HOOP SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $1,000, $50,000 and MERCH SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1045 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Figure 2: GAME NO. 1045 - 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 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) 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: 00000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100 or MERCH.
I. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
J. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1045), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 75 within each pack. The format will be: 1045-0000001-001.
L. Pack - A pack of "TEXAS NBA" 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 "TEXAS NBA" Instant Game No. 1045 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 "TEXAS NBA" 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 WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a winning PRIZE symbol is "MERCH", the player wins a NBA merchandise PRIZE PACK! If a player reveals a "hoop" play symbol, the player wins DOUBLE the PRIZE shown for that symbol. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. Non-winning prize symbols will not match a winning prize symbol on a ticket.
C. No four or more identical non-winning prize symbols on a ticket.
D. No duplicate WINNING NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. No prize amount in a non-winning spot will correspond with any YOUR NUMBER play symbol (i.e. 20 and $20).
G. The "HOOP" (doubler) play symbol will be used only as dictated by the prize structure.
H. The "HOOP" (doubler) play symbol will appear only once on winning tickets.
I. The top prize will appear on all tickets unless otherwise restricted by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "TEXAS NBA" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00 or $100 a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "TEXAS NBA" Instant Game prize of MERCH, $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 "TEXAS NBA" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "TEXAS NBA" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "TEXAS NBA" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 1045. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1045 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. 1045, 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-200800127
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 10, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1046 is "FUN $50'S". The play style for this game is "key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1046 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1046.
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, STACK OF BILLS SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $1,000 and $20,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1046 - 1.2D
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Figure 2: GAME NO. 1046 - 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 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) 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: 00000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
H. Mid-Tier Prize - A prize of $50.00 or $100.
I. High-Tier Prize - A prize of $1,000 or $20,000.
J. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1046), 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: 1046-0000001-001.
L. Pack - A pack of "FUN $50'S" 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 "FUN $50'S" Instant Game No. 1046 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 "FUN $50'S" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS to either WINNING NUMBER, the player wins PRIZE for that number. If the player reveals a stack of bills symbol, the player WINS ALL 10 PRIZES! No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. Non-winning prize symbols will not match a winning prize symbol on a ticket.
C. No three or more identical non-winning prize symbols on a ticket.
D. No duplicate WINNING NUMBERS play symbols on a ticket.
E. No non-winning prize amounts will correspond with its YOUR NUMBER play symbol (i.e. 20 and $20).
F. The "stack of bills" (win all) play symbol will only appear on winning tickets as dictated by the prize structure.
G. The top prize will appear on all tickets unless otherwise restricted by the prize structure.
H. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
I. When the "stack of bills" (win all) play symbol appears, there will be no occurrence of any YOUR NUMBER play symbol matching a WINNING NUMBER play symbol.
2.3 Procedure for Claiming Prizes.
A. To claim a "FUN $50'S" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "FUN $50'S" Instant Game prize of $1,000 or $20,000, 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 "FUN $50'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "FUN $50'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "FUN $50'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 1046. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1046 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. 1046, 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-200800128
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 10, 2008
Request for Proposals to Manage an Air Quality Public Awareness Campaign through Traffic Messaging and Interactive Media
Consultant Proposal Request
This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.
The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from consultant firm(s) to manage air quality public awareness campaign messages during traffic reports on television and radio, and as part of traffic messages sent through interactive media such as the internet, Personal Digital Assistants (PDAs), text messages, and e-mail. This campaign will be a combination of several air quality programs, such as the Air Quality Public Education and Information Program, AirCheck Texas Program, and the Regional Smoking Vehicle Program. The North Texas region is currently in nonattainment under the U.S. Environmental Protection Agency’s 8-hour standard for ozone. To demonstrate attainment by the end of the 2009 ozone season, it is critical that the general public understand the air quality situation and the programs in place to help them develop routines in their daily lives that positively impact air quality in North Texas. The purpose of this public awareness campaign is to educate the public on how they can positively impact air quality through everyday actions. The budget for this project is approximately $110,000.
Due Date
Proposals must be received no later than 5 p.m., Central Daylight Time, on Friday, February 22, 2008, to Chris Klaus, Senior Program Manager, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the Request for Proposals, contact Therese Bergeon, at (817) 695-9267.
Contract Award Procedures
The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the CSC’s recommendations and, if found acceptable, will issue a contract award.
Regulations
NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.
TRD-200800168
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: January 15, 2008
Amended Notice of Application for Telecommunications Service in Uncertificated Area
Notice is given to the public of an application filed with the Public Utility Commission of Texas on December 13, 2007, for telecommunications service in uncertificated area pursuant to P.U.C. Substantive Rule §26.421, and Offer of DialToneServices, L.P. to Provide Service. The application was previously styled Application of DialToneServices, L.P. for Designation as an Eligible Telecommunications Provider.
Docket Title and Number: Application of Karolena Harris for Telecommunications Service in Uncertificated Area Pursuant to P.U.C. Substantive Rule §26.421 and Offer of DialToneServices, L.P. to Provide Service. Docket Number 35115.
The Application: Mrs. Karolena Harris filed an application requesting that DialToneServices, L.P. be designated to provide telecommunications service for herself and other residents in uncertificated portions of Sabine County. Concurrent with this application, DialToneServices, L.P. states that it is willing to provide the service requested and seeks eligible telecommunications provider status in that area to allow reimbursement for the cost of providing such service.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by February 15, 2008. 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 35115.
TRD-200800178
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 16, 2008
The Public Utility Commission of Texas received an application on January 9, 2008, for 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, LP, doing business as Suddenlink Communications, for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35208 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the expansion of the service area footprint to include the City Limits of Mt. Vernon and Floydada, 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 35208.
TRD-200800154
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 14, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 10, 2008, 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 DTE Energy Trading, Inc. for Retail Electric Provider (REP) Certification, Docket Number 35216 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 February 1, 2008. 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 35216.
TRD-200800166
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 15, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on December 18, 2007, for a proposed 230-kV transmission line in Gaines and Yoakum Counties, Texas.
Docket Style and Number: Application of Southwestern Public Service Company to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line within Gaines and Yoakum Counties, Texas. Docket Number 35106.
The Application: The application of Southwestern Public Service Company (SPS) for a proposed transmission line is designated as the Mustang Station to Seminole Interchange Substation 230 kV Transmission Line Project. On January 7, 2008, SPS amended its application to extend the intervention date to February 18, 2008.
Persons wishing to intervene or 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. The deadline for intervention in this proceeding is February 18, 2008. 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 35106.
TRD-200800130
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 10, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on December 4, 2007, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA).
Project Title and Number: Valley Telephone Cooperative, Inc's Petition for Expanded Local Calling Service of the San Miguel Exchange, Project Number 35092.
The petitioners in the San Miguel exchange request ELCS to the exchanges of Charlotte, Dilley, Devine, Jourdanton, and Pleasanton.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 7, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2789. All comments should reference Project Number 35092.
TRD-200800155
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 14, 2008
The staff of the Public Utility Commission of Texas (commission) will hold a workshop on Tuesday, February 5, 2008, at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78711. Project Number 34889, Rulemaking Relating to Allocation of the Administrative Fee of the Electric Reliability Council of Texas , has been established for this proceeding. Ten days prior to the workshop, the commission shall make an agenda for this workshop available in Central Records under Project Number 34889.
Questions concerning the workshop or this notice should be referred to Jonathan Griffin, Rate Regulation Division, at (512) 936-7378. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200800179
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 16, 2008
Aviation Division - Request for Proposal for Aviation Engineering Services
The City of Hillsboro, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below.
The following is a listing of proposed projects at the Hillsboro Municipal Airport during the course of the next five years through multiple grants.
Current Project: City of Hillsboro. TxDOT CSJ No.: 0809HILLS. Rehabilitate and mark runway 16-34, rehabilitate hangar access taxiways, rehabilitate and mark parallel taxiway to runway 16, rehabilitate turnaround runway 34 end, and rehabilitate apron.
There is no DBE goal for the current project. TxDOT Project Manager is Alan Schmidt.
Future scope work items for engineering/design services within the next five years may include but are not necessarily limited to the following:
1. Construct hangar
2. Extend parallel taxiway south to runway 34
The City of Hillsboro reserves the right to determine which of the above scope of services may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services above.
To assist in your proposal preparation the criteria, 5010 drawing, project narrative, and most recent Airport Layout Plan are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Hillsboro Municipal Airport" The proposal should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current and future scope.
Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal". The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at www.dot.state.tx.us/services/aviation/consultant.htm. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.
ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.
Please note:
Six completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than February 15, 2008 at 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Delia L. Molina.
The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluation engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.
Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Delia L. Molina, Grant Manager. For technical questions, please contact Alan Schmidt, Project Manager.
TRD-200800172
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: January 15, 2008
In accordance with 43 TAC §§25.901, et seq., the Texas Department of Transportation (department) is requesting project proposals to support the goals and strategies of a traffic safety program to reduce the number of motor vehicle related crashes, injuries, and fatalities in Texas. These goals and strategies form the basis for the Fiscal Year 2009 (FY09) Highway Safety Performance Plan (HSPP).
The authority and responsibility of the traffic safety grant program derives from the National Highway Safety Act of 1966 (23 USC §§401, et seq.), and the Texas Traffic Safety Act of 1967 (Transportation Code, Chapter 723). Traffic Safety is an integral part of the Texas Department of Transportation and works through the department's 25 districts for local projects. The program is administered at the state level by the department's Traffic Operations Division. The executive director of the department is the designated Governor's Highway Safety Representative.
The following are the 2009 HSPP Program Areas for which projects may be submitted: Planning and Administration; Alcohol and Other Drug Countermeasures; Emergency Medical Services; Motorcycle Safety; Occupant Protection; Pedestrian/Bicycle Safety; Police Traffic Services; Speed Control; Traffic Records; Driver Education and Behavior; Railroad/Highway Crossing; Roadway Safety; Safe Communities; and School Bus. Eligible organizations are state and local governments, educational institutions, and non-profit organizations.
The Request for Proposals for Fiscal Year 2009, as well as the on-line eGrants proposal application system, is available on the department website at the following location: http://www.dot.state.tx.us/services/traffic_operations/traffic_safety.htm . Proposals for FY09 must be completed using the eGrants system. New eGrants users will need to submit a request for access to the system through the New User link on the eGrants webpage.
Proposals submitted using the eGrants system must be submitted no later than 5 p.m., March 7, 2008. The eGrants system will not allow proposal submission after this date and time.
Video Conference training on submitting proposals through eGrants, will be offered at various department locations across the state. Please contact Traffic Safety Specialists in your area or send a note to eGrants@dot.state.tx.us to learn about locations near you.
Potential subgrantees may attend eGrants proposal submittal training on one of these dates:
January 31, 2008
February 1 and 19, 2008
If you have questions please contact Ms. Susan Warren at (512) 416-3177 or at swarre1@dot.state.tx.us in the department's Traffic Operations Division, Traffic Safety Section.
TRD-200800171
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: January 15, 2008
Invitation for Consultants to Provide Offers of Consulting Services Related to Dining Services
Pursuant to the provisions of Texas Government Code, Chapter 2254, the University of North Texas (UNT) extends this invitation (Invitation) to qualified and experienced consultants interested in providing the consulting services described in this Invitation to the University of North Texas and its member institutions.
Scope of Work:
The selected consulting firm will be responsible for assisting UNT in providing an assessment of the current dining program relative to industry standards and current trends. UNT is accepting proposals and intends to enter into an agreement with a vendor that specializes in consulting services to evaluate the dining services offered by UNT. Generally, the scope of services supplied by the selected vendor will include the following:
(1) review of UNT financial, student, and operating data; and
(2) site visits to assess the appearance and functionality of operating units, catering and retail operations, and administrative support and management of existing dining services.
Specifications:
Any consultant submitting an offer in response to this Invitation must provide the following:
(1) the consultant's legal name, including type of entity (individual, partnership, corporation, etc.) and address;
(2) background information regarding the consultant, including the number of years in business and the number of employees;
(3) information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services;
(4) the hourly rate to be charged for each team member providing services;
(5) the earliest date by which the consultant could begin providing the services;
(6) a list of five client references, including any complex institutions or systems of higher education for which the consultant has provided similar consulting services;
(7) a statement of the consultant's approach to providing the services described in the Scope of Work section of this Invitation, any unique benefits the consultant offers UNT, and any other information the consultant desires UNT to consider in connection with the consultant's offer;
(8) information to assist UNT in assessing the consultant's demonstrated competence and experience providing consulting services similar to the services requested in this Invitation;
(9) information to assist UNT in assessing the consultant's experience performing the requested services for other complex institutions or systems of higher education;
(10) information to assist UNT in assessing whether the consultant will have any conflicts of interest in performing the requested services;
(11) information to assist UNT in assessing the overall cost to UNT for the requested services to be performed; and
(12) information to assist UNT in assessing the consultant's capability and financial resources to perform the requested services.
Please respond to the Request for Proposal located at http://pps.unt.edu (RFP752-8-54826-CS).
Selection Process:
The consulting services sought herein have not been requested previously.
Selection of the Successful Offer (defined below) submitted in response to this Invitation by the Submittal Deadline (defined below) will be made using the competitive process described below. After the opening of the offers and upon completion of the initial review and evaluation of the offers submitted, selected consultants may be invited to participate in oral presentations. The selection of the Successful Offer may be made by UNT on the basis of the offers initially submitted, without discussion, clarification or modification. In the alternative, selection of the Successful Offer may be made by UNT on the basis of negotiation with any of the consultants. At UNT's sole option and discretion, it may discuss and negotiate all elements of the offers submitted by selected consultants within a specified competitive range. For purposes of negotiation, a competitive range of acceptable or potentially acceptable offers may be established comprising the highest rated offers. UNT will provide each consultant within the competitive range with an equal opportunity for discussion and revision of its offer. UNT will not disclose any information derived from the offers submitted by competing consultants in conducting such discussions. Further action on offers not included within the competitive range will be deferred pending the selection of the Successful Offer, however, UNT reserves the right to include additional offers in the competitive range if deemed to be in its best interest. After the submission of offers but before final selection of the Successful Offer is made, UNT may permit a consultant to revise its offer in order to obtain the consultant's best final offer. UNT is not bound to accept the lowest priced offer if that offer is not in its best interest, as determined by UNT. UNT reserves the right to:
(a) enter into agreements or other contractual arrangements for all or any portion of the Scope of Work set forth in this Request with one or more consultants;
(b) reject any and all offers and re-solicit offers; or
(c) reject any and all offers and temporarily or permanently abandon this procurement, if deemed to be in the best interest of UNT.
For additional selection criteria, please review the Request for Proposal found at http://pps.unt.edu (RFP752-8-54826-CS).
Criteria for Selection:
The successful offer (Successful Offer) must be submitted in response to this Invitation by the Submittal Deadline will be the offer that is the most advantageous to UNT in UNT's sole discretion. Offers will be evaluated by University of North Texas personnel. The evaluation of offers and the selection of the Successful Offer will be based on the information provided to UNT by the consultant in response to the Specifications section of this Request. Consideration may also be given to any additional information and comments if such information or comments increase the benefits to UNT. The successful consultant will be required to enter into a contract acceptable to UNT.
Consultant's Acceptance of Offer:
Submission of an offer by a consultant indicates:
(1) the consultant's acceptance of the Offer Selection Process, the Criteria for Selection, and all other requirements and specifications set forth in this Request; and
(2) the consultant's recognition that some subjective judgments must be made by UNT during this Request for Proposal process.
Finding by President:
The President of the University of North Texas finds that the consulting services are necessary because the University of North Texas does not have the specialized experience or the staff resources available to evaluate the existing department and services. The University of North Texas believes that such expert consulting services will be a cost effective method to evaluate the existing dining services, provide information concerning outsourcing dining services, and provide comparisons and recommendations regarding whether maintaining internal operation of dining services or outsourcing these duties to an external vendor would provide better dining service to UNT students and be more advantageous to the institution.
Submittal Deadline:
To respond to this Invitation, consultants must respond to the Request for Proposal located at http://pps.unt.edu (RFP752-8-54826-CS). The Request for Proposal must be submitted in a clear and concise written format to: Carrie Stoeckert, Assistant Director, University of North Texas, 2310 North Interstate 35-E, Denton, Texas 76205 or P.O. Box 310499, Denton, Texas 76201. Offers must be submitted in an envelope or other appropriate container and the name and return address of the consultant must be clearly visible. All offers must be received at the above address no later than 2:00 p.m., CST, Monday, February 25, 2008 (Submittal Deadline).
Questions:
Questions concerning this Invitation should be directed to: Carrie Stoeckert, Assistant Director, at carries@unt.edu, University of North Texas, 2310 North Interstate 35-E, Denton, Texas 76205 or P.O. Box 310499, Denton, Texas 76201. UNT may in its sole discretion respond in writing to questions concerning this Invitation. Only UNT's responses made by formal written addenda to this Invitation shall be binding. Oral or other written interpretations or clarifications shall be without legal effect.
TRD-200800186
Joey Saxon
Director of Purchasing and Payment Services
University of North Texas
Filed: January 16, 2008