Texas Department of Agriculture
Request for Information: Feral Hog Damage Abatement Program
Statement of Purpose. The Texas Department of Agriculture (TDA) requests information for a long-term statewide feral hog abatement strategy. TDA has been appropriated $1 million in the State 2010-2011 biennium for feral hog abatement research, landowner education and outreach, and/or cooperative funding projects with local, county, or regional organizations.
Eligibility. Responses will be accepted from all interested parties including, but not limited to, private organizations, public non-profit institutions, organizations of higher education and governmental agencies.
The information should focus on all regions in the state experiencing negative impacts to agricultural enterprises, public safety and the economy due to feral hog populations. Region specific strategies are encouraged and should include strategies that will yield the maximum economic net return to agricultural production, public safety, and the overall state economy for the effort and expense invested.
Response to RFI. Please include the following information:
1. Contact Information. Primary contact person's name, name of organization or affiliated group, phone number, mailing address and email address.
2. Approach. Explain briefly the proposed approach for feral hog abatement. Include benefits of the method, potential objectives and program goals. Additionally, information about possible obstacles or drawbacks should be included.
3. Budget. Provide budget estimates for the proposed project.
4. Additional Comments. Provide any other additional comments regarding a long-term statewide feral hog abatement strategy.
Responses are limited to 2 pages. Text should be no less than 10-point font type size (Times New Roman or Arial) and margins should be set at 1 inch.
The Next Steps. This Request for Information (RFI) is issued solely to assist TDA in its planning processes and for data collection purposes. It does not constitute a Request for Proposals (RFP), or other solicitation document, nor does it represent a definite intention to issue an RFP in the future.
TDA will review all responses that are timely submitted, determine the best plan of action and pursue developing it. As the next step, all persons who are interested in developing the chosen strategy for feral hog abatement in Texas would be requested to submit their proposal for this project. TDA will award up to $1 million for projects that are selected in the RFP process to implement the Texas feral hog abatement strategy.
Deadline for Submission of Responses. Responses to this request should be submitted to Ms. Lindsay Dickens, Grants Specialist, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. The street address is 1700 North Congress, 11th Floor, Austin, Texas 78701. Fax: (888) 223-9048, e-mail: Lindsay.Dickens@TexasAgriculture.gov. Submissions must be received no later than 5:00 p.m. on September 11, 2009.
Assistance and Questions. Please contact Lindsay Dickens at (512) 463-6695 or by email at Lindsay.Dickens@TexasAgriculture.gov with any questions you may have.
TRD-200903488
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: August 11, 2009
Notice of Settlement of a Texas Water Code Enforcement Action
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code. Before the State may settle a judicial enforcement action, pursuant to the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.
Case Title and Court: Settlement Agreement in State of Texas v. Abdullah Ahmedi d/b/a Country Boy Store 2; Cause No. D-1-GV-08-001621 in the 250th Judicial District, Travis County District Court.
Background: This suit alleges violations of the rules promulgated by the Texas Commission on Environmental Quality under the Texas Water Code related to the use of underground storage tanks. The Defendant is Abdullah Ahmedi. The suit seeks administrative penalties, civil penalties, injunctive relief, attorney's fees, pre-judgment interest, and court costs.
Nature of the Settlement: The settlement awards $40,000.00 in civil penalties, $14,700 in past due administrative penalties, $253.00 in court costs, $551.00 in pre-judgment interest, and $13,800.00 in attorney's fees for the State. The Judgment also requires the Defendant to comply with rules related to the use of underground storage tanks.
For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Mark Steinbach, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.
For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.
TRD-200903486
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 10, 2009
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Health and Safety Code, and Texas Water Code. Before the State may settle a judicial enforcement action under the Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.
Case Title: State of Texas v. The Premcor Refining Group, Inc.
Nature of Defendant's Operations: Defendant owns and operates a petroleum refinery in Port Arthur, Texas. Defendant's operations discharged air contaminants in excess of permit levels for many different materials.
Proposed Agreed Judgment: The Agreed Final Judgment orders the Defendant to pay a cash penalty and fund a supplemental environmental project, totaling $1,900,000. Defendant agrees to pay the State $950,000 in cash penalty, with the remaining $950,000 deferred upon completion of the supplemental environmental project. Defendant will pay the State $100,000 in attorneys fees plus all court costs.
For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Anthony W. Benedict, Assistant Attorney General, Environmental Protection and Administrative Law Division, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.
For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.
TRD-200903491
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 11, 2009
Pursuant to Chapters 403 and 404 Texas Government Code; the Comptroller of Public Accounts (Comptroller) announces under its Request for Proposals (RFP #175h) the amendment of the following contract:
The contract awarded to JPMorgan Chase Bank, N.A., 221 West 6th St., Austin, Texas 78701 (Contractor) has been amended by Amendment No. 1 (Amendment). The total contract amount is dependent on usage of automated clearing house services by state agencies. The Amendment extends the contract until August 31, 2010 by the exercise of the Comptroller's sole option under the current contract to extend the contract term.
The Comptroller's Request for Proposals (RFP #175h) related to this contract was published in the April 7, 2006, issue of the Texas Register (31 TexReg. 3077).
The term of the contract, as extended by the Amendment is September 1, 2006 through August 31, 2010 with no further options to extend the term.
TRD-200903386
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: August 6, 2009
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/17/09 - 08/23/09 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/17/09 - 08/23/09 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200903503
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: August 11, 2009
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 September 21, 2009. 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) 239-2545 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 September 21, 2009. 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: Homer V. Beltran; DOCKET NUMBER: 2009-0648-LII-E; IDENTIFIER: RN103397188; LOCATION: Orange Grove and Alice, Jim Wells County; TYPE OF FACILITY: landscape irrigation company; RULE VIOLATED: 30 Texas Administrative Code (TAC) §30.5(a) and §344.30, Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system; PENALTY: $1,456; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(2) COMPANY: CUSA KBC, LLC dba Cusa; DOCKET NUMBER: 2009-0936-PST-E; IDENTIFIER: RN100644947; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: commercial bus maintenance and fueling; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide adequate corrosion protection to all underground metal components of an underground storage tank (UST) system; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection for the UST system; and 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; PENALTY: $6,096; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: Defense Energy Support Center and the United States Department of the Army; DOCKET NUMBER: 2008-1265-WQ-E; IDENTIFIER: RN1029800768; LOCATION: Fort Hood, Bell County; TYPE OF FACILITY: base fueling station; RULE VIOLATED: the Code, §26.121(a)(1), by failing to prevent an unauthorized discharge of waste; PENALTY: $2,444; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: City of Edmonson; DOCKET NUMBER: 2009-0495-PWS-E; IDENTIFIER: RN101205375; LOCATION: Edmonson, Hale County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(3)(A)(i)(III), (ii)(III), (B)(iii), and (D)(i), by failing to compile, maintain on file at the facility, and make available to the commission upon request, a thorough and up-to-date record of water works operation and maintenance activities; and 30 TAC §290.121(a) and (b), by failing to compile, maintain on file at the facility, and make available to the commission upon request, a thorough and up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use; PENALTY: $210; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.
(5) COMPANY: EL MODENO GARDENS, INC., P&E Groot Family Trust, and SEVILLE FARMS, INC.; DOCKET NUMBER: 2009-0459-WQ-E; IDENTIFIER: RN103777488; LOCATION: Smith County; TYPE OF FACILITY: nursery; RULE VIOLATED: the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of sediment; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(6) COMPANY: GUERRA & REYNA INVESTMENTS, LP; DOCKET NUMBER: 2009-0921-EAQ-E; IDENTIFIER: RN105332563; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: land development construction site; RULE VIOLATED: 30 TAC §213.4(j)(4), by failing to obtain approval of a modification to an Edwards Aquifer Protection Plan prior to initiating construction; PENALTY: $750; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(7) COMPANY: Harris County Municipal Utility District Number 148; DOCKET NUMBER: 2009-0575-MWD-E; IDENTIFIER: RN102180882; LOCATION: Harris County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(4), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0011818001, 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), TPDES Permit Number WQ0011818001, Effluent Limitations and Monitoring Requirements Number 1, by failing to maintain compliance with the permit effluent limits for total suspended solids (TSS), ammonia nitrogen (NH3 ), carbonaceous biochemical oxygen demand, and chlorine residual; 30 TAC §305.125(1) and TPDES Permit Number WQ0011818001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of treatment are properly operated and maintained; 30 TAC §305.125(5) and TPDES Permit Number WQ0011818001, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are properly operated and maintained; and 30 TAC §305.125(1) and §319.5(a) and TPDES Permit Number WQ0011818001, Effluent Limitations and Monitoring Requirements Number 2, by failing to collect total chlorine residual samples at the proper locations; PENALTY: $21,650; Supplemental Environmental Project (SEP) offset amount of $17,320 applied to Texas Association of Resource Conservation and Development Areas, Inc. - Water or Wastewater Treatment; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: Hudspeth County; DOCKET NUMBER: 2009-1218-WQ-E; IDENTIFIER: RN105749394; LOCATION: Hudspeth County; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(9) COMPANY: Kopperl Independent School District; DOCKET NUMBER: 2009-0535-MWD-E; IDENTIFIER: RN101279396; LOCATION: Bosque County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013982001, Interim Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with the permit effluent limits for biochemical oxygen demand, TSS, dissolved oxygen, and chlorine; PENALTY: $6,600; ENFORCEMENT COORDINATOR: Jeremy Escobar, (512) 239-1460; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(10) COMPANY: Joseph M. Meyers; DOCKET NUMBER: 2009-1217-OSI-E; IDENTIFIER: RN103385639; LOCATION: Huntsville, San Jacinto County; TYPE OF FACILITY: licensing; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(11) COMPANY: Rainbow Painting, L.L.C.; DOCKET NUMBER: 2009-0353-AIR-E; IDENTIFIER: RN104858535; LOCATION: Vidor, Orange County; TYPE OF FACILITY: sandblasting and painting; RULE VIOLATED: 30 TAC §106.8(c)(2)(B) and Texas Health and Safety Code, §382.085(b), by failing to maintain records sufficient to demonstrate compliance with all applicable permit by rule conditions; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(12) COMPANY: Gilbert O. Reyes, Jr. dba Party Time II; DOCKET NUMBER: 2009-1205-PST-E; IDENTIFIER: RN104759568; LOCATION: El Paso County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 401 E. Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(13) COMPANY: Richter-Land, LLC; DOCKET NUMBER: 2009-0303-MLM-E; IDENTIFIER: RN105645634; LOCATION: Comal County; TYPE OF FACILITY: commercial development site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a water pollution abatement plan prior to beginning a regulated activity over the Edwards Aquifer Recharge Zone; and 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(14) COMPANY: Balbir Singh; DOCKET NUMBER: 2009-0708-LII-E; IDENTIFIER: RN105235964; LOCATION: near Murphy, Dallas County; TYPE OF FACILITY: landscaping business; RULE VIOLATED: 30 TAC §30.5(b) and §344.30(a)(2), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to refrain from advertising or representing himself to the public as a person who can perform services for which a license or registration is required when not possessing a current license or registration; and 30 TAC §344.30 and §344.34(b), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to refrain from using or attempting to use the license number of a licensed irrigator; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(15) COMPANY: Skidmore Water Supply Corporation; DOCKET NUMBER: 2009-0694-MWD-E; IDENTIFIER: RN102342201; LOCATION: Bee County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014112001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for NH3; and 30 TAC §305.125(17) and TPDES Permit Number WQ0014112001, Sludge Provisions, by failing to submit monitoring results at the intervals specified in the permit; PENALTY: $3,090; SEP offset amount of $2,472 applied to Keep Texas Beautiful - Texas Waterways Cleanup Program; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
TRD-200903495
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 11, 2009
Notice issued August 4, 2009.
TCEQ Internal Control No. 05142009-D01; Polk County Fresh Water Supply District No. 2 has applied to the Texas Commission on Environmental Quality (TCEQ) for authority to adopt and impose an annual uniform operations and maintenance standby fee of $24 per equivalent single family connection for a period of three (3) years, on unimproved property within the District. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code Chapter 293, and the procedural rules of the TCEQ.
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 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-200903530
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 12, 2009
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 September 21, 2009. 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 September 21, 2009. 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: CITGO Refining and Chemicals Company, L.P.; DOCKET NUMBER: 2008-0837-AIR-E; TCEQ ID NUMBER: RN102555166; LOCATION: 1801 Nueces Bay Boulevard, Corpus Christi, Nueces County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.4 and §116.115(b)(2)(F), Texas Health and Safety Code (THSC), §382.085(a) and (b), and Air New Source Review Permit Number 2695A, General Condition Number 8, by failing to prevent the release of air contaminants in such concentration and such duration as to interfere with the normal use and enjoyment of property; PENALTY: $10,000; STAFF ATTORNEY: Anna Treadwell, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(2) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2009-0153-AIR-E; TCEQ ID NUMBER: RN102450756; LOCATION: 1795 Burt Street, Beaumont, Jefferson County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.201(a)(2)(F), (G), (b)(7), and (9), and THSC, §382.085(b), by failing to properly report on a September 28, 2003, shut down requiring two reports and seven other reports on emissions events beginning on September 4 - December 22, 2003 as documented during investigations conducted on August 16 and November 30, 2004; 30 TAC §116.110(a)(1) and THSC, §382.085(b), by failing to prevent unauthorized emissions during an emissions event in the Catalyst HydroDesulfurization - 1 Flare that began on September 23, 2003 and lasted 2 hours 23 minutes, releasing 1,113.40 pounds (lbs) of hydrogen sulfide (H2 S) as documented during an investigation conducted on August 16, 2004; 30 TAC §116.110(a)(1) and THSC, §382.085(b), by failing to prevent unauthorized emissions during an emissions event in the Gas Plant 5 East Unit Debutanizer Tower that began on October 8, 2003 and lasted 2 hours 51 minutes, releasing 162,511.4 lbs of butane, 165,029.5 lbs of n-isobutene, and 89.62 lbs of nitrogen oxide (NOx) as documented during an investigation conducted on August 16, 2004; 30 TAC §101.201(a)(1)(B) and (c) and THSC, §382.085(b), by failing to properly report within 24 hours of an emissions event at the Fluid Cracking Catalytic Unit discovered on November 11, 2003 at 19:10 hours, but not reported to the TCEQ until November 14, 2003 at 21:01 hours, an emissions event at the Flare Gas Recovery (FGR) Unit discovered on February 11, 2004 at 09:10 hours, but not reported until February 12, 2004 at 14:24 hours, and failing to submit a copy of the final report to the TCEQ no later than within two weeks after the end of the emissions event at the FCC Unit which ended on November 11, 2003 at 23:04 hours, but was not finally reported until November 26, 2003 at 13:27, as documented during an investigation conducted on November 30, 2004; 30 TAC §101.20(3) and §116.116(a)(1), TCEQ Air Permit Number 18425 (application representation), and THSC, §382.085(b), by failing to prevent unauthorized emissions from the FGR Unit that began on February 11, 2004 at 09:10 hours and lasted until 16:40 hours (7 hours and 30 minutes) releasing 28.18 lbs of H2S as documented during an investigation conducted on November 30, 2004; 30 TAC §112.3(c) and THSC, §382.085(b), by failing to prevent unauthorized emissions during an emissions event at the Sulfur Plant 3 that began on March 9, 2004 and lasted 1 hour and 23 minutes, releasing 50.00 lbs of carbon monoxide (CO), 516.47 lbs of H2S, 6.95 lbs of NOx, 49,374.20 lbs of sulfur dioxide (SO2), and 19.98 lbs of volatile organic compound (VOC); 30 TAC §§101.20(3), 116.115(c), 122.143(4), THSC, §382.085(b), Permit Number 46534/PSD-TX-992, Special Condition Number 1 and Permit Number O-02044, Special Terms and Conditions Number 11, by failing to prevent unauthorized emissions; PENALTY: $38,494; STAFF ATTORNEY: Anna Treadwell, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(3) COMPANY: KBL Management, Inc.; DOCKET NUMBER: 2009-0126-PWS-E; TCEQ ID NUMBER: RN102320991; LOCATION: 2701 Prairie Creek Road, Marble Falls, Burnet County; TYPE OF FACILITY: public water supply system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect routine coliform samples for the months of October, November, and December 2007, and January - December 2008, and by failing to provide public notice of the failure to collect those samples; PENALTY: $7,018; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(4) COMPANY: Mike Wiley; DOCKET NUMBER: 2008-0155-PST-E; TCEQ ID NUMBER: RN105381370; LOCATION: 1211 North Margaret Street, Kirbyville, Jasper County; TYPE OF FACILITY: formerly used as a gasoline service station; RULES VIOLATED: 30 TAC §334.7(a)(1), by failing to register with the commission an underground storage tank (UST) in existence on or after September 1, 1987; 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, one UST for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.48(a), by failing to prevent an unauthorized discharge of gasoline; PENALTY: $11,000; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(5) COMPANY: Nguyen and Quang Huynh, aka Quinn Huynh, dba Discount Grocery Store; DOCKET NUMBER: 2008-0527-PST-E; TCEQ ID NUMBER: RN102226750; LOCATION: 4244 Wilbarger, Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system for the petroleum storage tanks; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one facility representative received training and instruction in the operation and maintenance of the Stage II vapor recovery system by completing a training course approved by the executive director and by failing to ensure that current employees are aware of the purposes and correct operating procedures of the Stage II system; 30 TAC §115.242(1)(C), (3)(A), and (E) and THSC, §382.085(b), by failing to ensure that the Stage II vapor recovery system is onboard refueling vapor recovery compatible, by failing to replace missing vapor guards on pump nozzles number 1 Regular Unleaded, number 3 Plus and Super Unleaded, and number 4 Super Unleaded, by failing to replace missing vapor guards on pump nozzles number 2 Plus and Super Unleaded, thereby failing to maintain the Stage II vapor recovery system in proper operating condition, as specified by the manufacturer and/or any applicable California Air Resources Board Executive Order; 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding underground storage tank fees and associated late fees for TCEQ Financial Assurance Account Number 0056738U for Fiscal Years 2006 - 2007; 30 TAC §334.7(d)(3) and §334.8(c)(4)(A)(vii) and (B)(ii), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition, and by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 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 USTs; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; and 30 TAC §334.50(b)(1)(A), (d)(1)(B)(ii), and (iii)(I) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons, and by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; PENALTY: $15,783; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Raymond Windham dba Deer Run Water System; DOCKET NUMBER: 2009-0039-PWS-E; TCEQ ID NUMBER: RN101439867; LOCATION: 100 County Road 198, two and 1/2 miles southeast of Bangs, Brown County; TYPE OF FACILITY: public water supply system; RULES VIOLATED: 30 TAC §290.45(f)(1) and (5), by failing to provide a purchase water contract in order to properly evaluate the facility's production, storage, service pump or pressure maintenance capacity; 30 TAC §290.46(f), by failing to develop and maintain records of water works operation and maintenance activities for operator reference and commission review during investigations; 30 TAC §290.42(1), by failing to develop and maintain a complete and up-to-date operations manual for operator review and reference; 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; and 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfection residuals at representative locations in the distribution system at least once every seven days; PENALTY: $2,030; STAFF ATTORNEY: Mike Fishburn, Litigation Division, MC 175, (512) 239-0635; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(7) COMPANY: Windwood Water System, Inc.; DOCKET NUMBER: 2008-0968-PWS-E; TCEQ ID NUMBER: RN101456168; LOCATION: 13526 Creekway Drive, Cypress, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c) and TCEQ Default Order Number 2005-1069-PWS-E, Ordering Provision Number 2, by failing to mail or directly deliver one copy of the Customer Consumer Report (CCR) to each bill paying customer by July 1st of each year and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; PENALTY: $637; STAFF ATTORNEY: Sharesa Y. Alexander, Litigation Division, MC 175, (512) 239-3503; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200903498
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 11, 2009
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 September 21, 2009. 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 September 21, 2009. 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: Andre C. Cormier; DOCKET NUMBER: 2009-0270-LII-E; TCEQ ID NUMBER: RN103507133; LOCATION: 5305 Murrieta Way, Keller, Tarrant County; TYPE OF FACILITY: installed an irrigation system; RULES VIOLATED: 30 TAC §334.70, by failing to comply with local requirements, ordinances, and regulations designed to protect the public water supply by installing an irrigation system at the site without obtaining a permit and backflow prevention device inspection as required by the City of Keller, Texas; PENALTY: $341; STAFF ATTORNEY: Mike Fishburn, Litigation Division, MC 175, (512) 239-0635; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: David Parker; DOCKET NUMBER: 2008-1868-MLM-E; TCEQ ID NUMBER: RN105610273; LOCATION: 3549 North United States Highway 59, Jefferson, Marion County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) transfer facility; RULES VIOLATED: 30 TAC §111.201 and §330.15(a)(1) and TWC, §26.121(a), by failing to comply with the general prohibition on outdoor burning, by failing to prevent the unauthorized disposal of MSW, and by failing to prevent the discharge of MSW into or adjacent to any water in the state; 30 TAC §330.9(a), by failing to register as a MSW transfer station; 30 TAC §330.103(b) and (c), by failing, as a transporter of MSW, to ensure that all MSW collected is unloaded only at authorized facilities, and by failing to maintain records that all wastes were taken to an authorized MSW facility; and 30 TAC §330.107(b) and §330.105(a), by failing, as a transporter of MSW, to prevent the discharge of solid waste from the vehicle on the way to an authorized disposal facility and by failing to properly maintain MSW collection vehicles to prevent the loss of solid wastes during collection; PENALTY: $10,941; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0635; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(3) COMPANY: Mattie Novosad; DOCKET NUMBER: 2008-1068-PST-E; TCEQ ID NUMBER: RN101662013; LOCATION: 203 West Mesquite Avenue, Rogers, Bell County; TYPE OF FACILITY: two underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $7,875; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: Ryan Bullard; DOCKET NUMBER: 2009-0842-MLM-E; TCEQ ID NUMBER: RN105610273; LOCATION: 3549 North US Highway 59, Jefferson, Marion County; TYPE OF FACILITY: unauthorized MSW transfer facility; RULES VIOLATED: 30 TAC §111.201 and §330.15(a)(1) and TWC, §26.121(a), by failing to comply with the general prohibition on outdoor burning, by failing to prevent the unauthorized disposal of MSW, and by failing to prevent the discharge of MSW into or adjacent to any water in the state; 30 TAC §330.9(a), by failing to register as a MSW transfer station; 30 TAC §330.103(b) and (c), by failing as a transporter of MSW, to ensure that all MSW collected is unloaded only at authorized facilities and by failing to maintain records that all wastes were taken to an authorized MSW facility; and 30 TAC §330.107(b) and §330.105(a), by failing, as a transporter of MSW, to prevent the discharge of solid waste from the vehicle on the way to an authorized disposal facility and by failing to properly maintain MSW collection vehicles to prevent the loss of solid wastes during collection; PENALTY: $10,941; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(5) COMPANY: Salzgitter Mannesmann Stainless Tubes USA, Inc.; DOCKET NUMBER: 2008-1774-AIR-E; TCEQ ID NUMBER: RN100210962; LOCATION: 12050 West Little York Road, Houston, Harris County; TYPE OF FACILITY: steel pipe and tube manufacturing plant; RULES VIOLATED: 30 TAC §101.10(e) and Texas Health and Safety Code, §382.085(b), by failing to submit Annual Emissions Inventory Updates for calendar years 2006 and 2007; PENALTY: $7,350; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200903497
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: August 11, 2009
The following notices were issued on July 21, 2009 through July 30, 2009.
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
ALCOA INC. which operates the Rockdale Plant, a complex for the primary production of aluminum, electric power generation, and lignite mining, has applied for a major amendment to TPDES Permit No. WQ0000395000 to increase the maximum effluent limitation for pH at Outfalls 001/001a from 9.0 SU to 10.0 SU; remove Outfalls 106, 010, and 110; and authorize the use of Alcoa Lake Treatment System water (water from the cooling pond) for dust suppression in the power plant, atomizer, smelter, and mining areas. The current permit authorizes the discharge of previously monitored effluent (including domestic wastewater, recirculated cooling water, process wastewater from the aluminum smelting operation, power plant low volume waste sources, utility wastewater, air conditioning condensate, bottom ash transport water, metal cleaning wastes, storm water runoff, and storm water and utility wastewater from the smelter) from the cooling pond (Alcoa Lake) at a total volume not to exceed 326,000,000 gallons per month via Outfalls 001 and 001a; plant area storm water runoff on an intermittent and flow variable basis via Outfall 002; wastewater from the active mining area on an intermittent and flow variable basis via Outfalls 003, 004, 005, 006, 007, 009, and 010; and wastewater from the post-mining area on an intermittent and flow variable basis via Outfalls 103, 104, 105, 106, 107, 109, and 110. The facility is located between Farm-to-Market Roads 1786 and 2116, approximately 7.5 miles southwest of the City of Rockdale, Milam County, Texas 76567.
LUMINANT GENERATION COMPANY LLC which operates Graham Steam Electric Station, has applied for a renewal of TPDES Permit No. WQ0000551000, which authorizes the discharge of once-through cooling water via Outfall 001; low volume waste sources, storm water runoff, and previously monitored effluent (consisting of metal cleaning waste via internal Outfall 102) via Outfall 002. The facility is located on the shores of Lakes Eddleman and Graham adjacent to U.S. Highway 380, approximately 2.5 miles northwest of the City of Graham, Young County, Texas 75201.
OXY VINYLS which operates La Porte VCM Site, a Vinyl Chloride monomer manufacturing facility, has applied for a renewal of TPDES Permit No. WQ0002097000 with minor modifications involving clarification of definition of "utility wastewaters" and the "discharge route for Outfall 003." The existing permit authorizes the discharge of treated wastewater consisting of process, domestic, and utility wastewaters and storm water at a daily average flow not exceeding 1,570,000 million gallons per day via Outfall 001; storm water, steam condensate, air conditioning condensate, and wash down water (and occasional discharges of wastewater diverted from Outfall 001) on an intermittent and flow variable basis via Outfall 002; and storm water, steam condensate, air conditioning condensate, and wash down water on an intermittent and flow variable basis via Outfall 003. The facility is located at 2400 Miller Cut Off Road, approximately 3,000 feet east of the intersection of Miller Cut Off Road and State Highway 134 (Battleground Road), in the City of La Porte, Harris County, Texas.
CITY OF AUSTIN which operates Sandhill Energy Center, a gas-fired/combined cycle electric generating station, has applied for a renewal of TPDES Permit No. WQ0004351000, which authorizes the discharge of cooling tower blowdown and previously monitored effluents (PMEs) (cooling water drained from condensers and other cooling equipment during maintenance periods, metal cleaning wastes, and low volume wastes) at a daily average flow not to exceed 1,300,000 gallons per day via Outfall 001. The facility is located at 13005 Fallwell Lane, approximately two miles east of the intersection of State Highway 71 and Fallwell Lane, Travis County, Texas 78617.
CITY OF BAY CITY has applied for a renewal of TPDES Permit No. WQ0010123004, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,300,000 gallons per day. The facility is located approximately 4,000 feet east of State Highway 60 on the west side of Cottonwood Creek and approximately 9,200 feet south of State Highway 35, Bay City in Matagorda County, Texas.
CITY OF BLANCO has applied for a renewal of TPDES Permit No. WQ0010549002 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 225,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 68 acres of agricultural land. The facility is located approximately 0.8 mile northeast of the intersection of U.S. Highway 281 and Farm-to-Market Road 1623 in Blanco County, Texas 78606.
HORIZON REGIONAL MUNICIPAL UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. WQ0010795001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 1,500,000 gallons per day to an annual average flow not to exceed 3,000,000 gallons per day and addition of Outfall 003. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day via Outfall 001; the disposal of treated wastewater at a volume not to exceed a daily average flow of 1,000,000 gallons per day by irrigation of 320 acres of pastureland via Outfall 002 with provisions for additional irrigation of 145 acres of a golf course. No discharge of pollutants into water of the State is authorized from Outfall 002. The facility is located approximately 0.5 mile west of the intersection of Asford Road and Horizon Boulevard and approximately 2 miles northeast of the intersection of Interstate Highway 10 (U.S. Highway 10) and Farm-to-Market Road 1281 (Horizon Boulevard) in El Paso County, Texas.
CITY OF FREEPORT has applied for a renewal of TPDES Permit No. WQ0010882002 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 67.68 acres of golf course land. The facility is located at 123 Slaughter Road, north of State Highway 36, approximately 1 mile south of the Brazos River in Brazoria County, Texas 77541.
HILL COUNTRY HARBOR, L.P. has applied for a renewal of TPDES Permit No. WQ0014173001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 3,500 feet west of the intersection of Farm-to-Market Road 2951 and Park Road 36 in Palo Pinto County, Texas 76449.
SOBRANTE MANAGEMENT, INC. has applied for a renewal of TCEQ Permit No. WQ0014481001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 9,600 gallons per day via subsurface drip irrigation with a minimum area of 2.2 acres of public access landscape. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 3,000 feet north of the intersection of Morgans Point Road and Sobrante, at the end of Sobrante in the curve adjacent to Lake Belton in Bell County, Texas 76513.
AUC GROUP, L.P. has applied for a renewal of TPDES Permit No. WQ0014566001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 14,300 gallons per day. The facility will be located 160 feet south of the intersection of Little River and State Highway 36 in Milam County, Texas 76502.
MSEC ENTERPRISES, INC. has applied for a renewal of TPDES Permit No. WQ0014638001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located at 16550 Farm-to-Market Road 2854, approximately 11,000 feet west of the intersection of Farm-to-Market Road 2854 and McCaleb Road on the north side of Farm-to-Market Road 2854 in Montgomery County, Texas 77356.
The following do not require publication in a newspaper. Written comments and requests for a public meeting may be submitted to the Office of the Chief Clerk, WITHIN 30 DAYS OF THE DATE THE NOTICE IS ISSUED.
CITY OF MCALLEN has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0010633004 to change the method of disinfection from chlorination to an Ultraviolet Light (UV) system. The existing permit authorizes the discharge of treated domestic wastewater at 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 78503.
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-200903525
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 12, 2009
The Texas Department of Family and Protective Services' (DFPS') Committee on Licensing Standards will conduct a public meeting on September 9, 2009, regarding the current evaluation of minimum standards for both child day care and 24-hour residential child care. At this public meeting, you will have an opportunity to give input into the evaluation of the minimum standards. The meeting will take place at the John H. Winters Building, Public Hearing Room 125E, 701 W. 51st Street, Austin, Texas.
The committee will hear input on the child day care minimum standards from noon to 2:00 p.m. This includes child care centers and all home-based day care. The committee will hear input on the 24-hour residential child care minimum standards from 3:00 to 5:00 p.m. This includes foster care, adoption, and facilities where children live.
Persons with disabilities planning to attend the meeting who may need auxiliary aids or services should contact Amy Chandler (512) 438-3134, by September 3, 2009, so appropriate arrangements can be made.
If you are unable to attend this meeting, regional meetings will also be held in the fall. Details regarding the regional meetings will be posted on our web site at www.dfps.state.tx.us/child_care soon. Thank you in advance for your interest and participation in this important process.
TRD-200903478
Gerry Williams
General Counsel
Department of Family and Protective Services
Filed: August 10, 2009
Notice of Award of a Major Consulting Contract
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the award of contract 529-06-0425-00040 RFQ 26 to Bailit Health Purchasing, Inc., an entity with a principal place of business at 56 Pickering Street, Needham, MA 02492. The contractor will provide the procurement, implementation, and evaluation of the health home pilot project for children on Medicaid.
The total value of the contract with Bailit Health Purchasing, Inc. is $227,599.00. The contract was executed on August 5, 2009, and will expire on December 22, 2011, unless extended or terminated sooner by the parties. Bailit Health Purchasing, Inc. will produce numerous documents and reports during the term of the contract, with the final reporting due by December 22, 2011.
TRD-200903366
David Brown
Assistant General Counsel
Texas Health and Human Services Commission
Filed: August 6, 2009
Proposed Rates. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) proposes the following per diem reimbursement rates for non-state operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR). The public hearing notice was published in the July 17, 2009, issue of the Texas Register (34 TexReg 4768).
Payment rates are proposed to be effective September 1, 2009, as follows:
Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodology codified at Texas Administrative Code (TAC) Title 1, Chapter 355, Subchapter D, §355.456, Rate Setting Methodology. These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101 (relating to Introduction) and §355.109 (relating to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs). These changes are being made in accordance with the 2010-11 General Appropriations Act (Article II, S.B. 1, 81st Legislature, Regular Session, 2009), which appropriated $4.5 million general revenue funds for the State Fiscal Year 2008 - 2009 biennium for Medicaid rate increases for the DADS' ICF/MR program.
TRD-200903524
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 12, 2009
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on September 1, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for Physician-Administered Drugs. The public hearing will be held in the Lone Star Conference Room of 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 Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice of and hearings on proposed Medicaid reimbursements.
Proposal. The payment rates for Physician-Administered Drugs are proposed to be effective September 1, 2009.
Methodology and Justification. The proposed payment rate was calculated in accordance with 1 TAC §355.8085, which address the reimbursement methodology for physicians and certain other practitioners.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after August 17, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Rate Analysis by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Rate Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Rate Analysis at (512) 491-1998; or by e-mail to meisha.scott@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to HHSC Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) 491-1445 at least 72 hours in advance, so appropriate arrangements can be made.
TRD-200903542
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 12, 2009
The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments are effective September 1, 2009.
The amendment updates and clarifies the reimbursement methodology for inpatient hospital services. The amendment will modify the new hospital and hospital merger rates section of the State Plan.
The proposed amendment is estimated to result in an annual aggregate savings of $660,540 for the remainder of federal fiscal year (FFY) 2009, with approximately $454,187 in federal funds and $206,353 in state funds. For FFY 2010, the estimated additional aggregate savings is $7,926,475, with approximately $5,410,612 in federal funds and $2,515,863 in state funds. For FFY 2011, the estimated additional aggregate savings is $7,926,475, with approximately $4,828,016 in federal funds and $3,098,459 in state funds.
Interested parties may obtain copies of the proposed amendment by contacting Chris Dockal, Hospital Reimbursement, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1467; by facsimile at (512) 491-1998; or by e-mail at chris.dockal@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200903494
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 11, 2009
The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2009.
The amendment will modify the reimbursement methodology in the Texas Medicaid State Plan as a result of Medicaid fee changes for the following service: Physicians and Certain Other Practitioners
The proposed amendment is estimated to result in an additional annual aggregate expenditure of $42,561 for the remainder of federal fiscal year (FFY) 2009, with approximately $29,265 in federal funds and $13,296 in State General Revenue (GR). For FFY 2010, the estimated additional aggregate expenditure is $467,810, with approximately $319,327 in federal funds and $148,483 in GR. For FFY 2011, the estimated additional aggregate expenditure is $528,306, with approximately $321,792 in federal funds and $206,514 in GR.
Interested parties may obtain copies of the proposed amendment by contacting Dan Huggins, Director of Rate Analysis for Acute Care Services, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1432; by facsimile at (512) 491-1998; or by e-mail at Dan.Huggins@hhsc.state.tx.us. Copies of the proposals will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200903532
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: August 12, 2009
Licensing Actions for Radioactive Materials
TRD-200903367
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: August 6, 2009
Houston-Galveston Area Council
The Houston-Galveston Area Council solicits proposals from qualified organizations to provide quality child care initiatives and activities. A proposal package will be available for download at www.h-gac.com or www.wrksolutions.com beginning at 12:00 noon Central Standard Time on Monday, August 10, 2009. Hard copies of the proposal package will also be available at that time. A bidder's conference is scheduled for Monday, August 17, 2009 starting at 2:00 p.m. at the Houston-Galveston Area Council offices, 3555 Timmons Lane, 2nd floor, Conference Room A, Houston, Texas.
Proposals are due at H-GAC offices on or before 12:00 noon Central Daylight Time on Friday, August 28, 2009. Mailed proposals must be postmarked no later than Tuesday, August 25, 2009. H-GAC will not accept late proposals; we will make no exceptions. Prospective bidders may contact Carol Kimmick at (713) 627-3200 or carol.kimmick@h-gac.com or visit the web site to request a proposal package.
TRD-200903407
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: August 6, 2009
Application to change the name of AIG CASUALTY COMPANY to CHARTIS PROPERTY CASUALTY COMPANY, a foreign fire and casualty company. The home office is in Harrisburg, Pennsylvania.
Application for admission to the State of Texas by FIRST MORTGAGE INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Greensboro, North Carolina.
Application to change the name of MEDICO LIFE INSURANCE COMPANY to ABILITY INSURANCE COMPANY, a foreign life company. The home office is in Omaha, Nebraska.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200903527
Gene C. Jarmon
General Counsel and Chief Counsel
Texas Department of Insurance
Filed: August 12, 2009
Instant Game Number 1209 "Super Deuces"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1209 is "SUPER DEUCES". The play style is "other".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1209 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1209.
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: 3 CARD SYMBOL, 4 CARD SYMBOL, 5 CARD SYMBOL, 6 CARD SYMBOL, 7 CARD SYMBOL, 8 CARD SYMBOL, 9 CARD SYMBOL, 10 CARD SYMBOL, J CARD SYMBOL, Q CARD SYMBOL, K CARD SYMBOL, A CARD SYMBOL, 2 CARD SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000 and $20,000. The possible red play symbols are: 3 CARD SYMBOL, 4 CARD SYMBOL, 5 CARD SYMBOL, 6 CARD SYMBOL, 7 CARD SYMBOL, 8 CARD SYMBOL, 9 CARD SYMBOL, 10 CARD SYMBOL, J CARD SYMBOL, Q CARD SYMBOL, K CARD SYMBOL, A CARD SYMBOL and 2 CARD 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. 1209 - 1.2D
E. 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.
F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00 or $200.
H. High-Tier Prize - A prize of $2,000 or $20,000.
I. 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.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1209), 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: 1209-0000001-001.
K. Pack - A pack of "SUPER DEUCES" 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.
L. 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.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SUPER DEUCES" Instant Game No. 1209 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 "SUPER DEUCES" Instant Game is determined once the latex on the ticket is scratched off to expose 20 (twenty) Play Symbols. If the player reveals a BLACK "2"card symbol, the player wins the PRIZE shown for that symbol. If the player reveals a RED "2" card 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 20 (twenty) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 20 (twenty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 20 (twenty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 20 (twenty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The "RED DEUCE" (doubler) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. The "BLACK DEUCE" (win) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
D. No more than two (2) matching non-winning prize symbols will appear on a ticket.
E. Non-winning prize symbols will never be the same as the winning prize symbol(s).
F. The top prize symbol will appear on every ticket unless otherwise restricted.
G. No duplicate non-winning play symbols, regardless of color, on a ticket.
H. The prize symbols will only appear in black imaging.
2.3 Procedure for Claiming Prizes.
A. To claim a "SUPER DEUCES" 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 "SUPER DEUCES" 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 "SUPER DEUCES" 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 "SUPER DEUCES" 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 "SUPER DEUCES" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 1209. 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. 1209 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
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. 1209, 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-200903423
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 7, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1215 is "$50,000 PAYOUT". The play style is "multiple games".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1215 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1215.
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, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000, $50,000, 1 DICE SYMBOL, 2 DICE SYMBOL, 3 DICE SYMBOL, 4 DICE SYMBOL, 5 DICE SYMBOL, 6 DICE SYMBOL, APPLE SYMBOL, BANANA SYMBOL, GOLD BAR SYMBOL, BELL SYMBOL, CHERRY SYMBOL, CLOVER SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, LEMON SYMBOL, MELON SYMBOL, ORANGE SYMBOL, HORSESHOE SYMBOL, STAR SYMBOL, SEVEN SYMBOL, WISHBONE SYMBOL and DOLLAR BILL 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. 1215 - 1.2D
E. 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.
F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
H. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
I. 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.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1215), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1215-0000001-001.
K. Pack - A pack of "$50,000 PAYOUT" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). 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 075.
L. 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.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$50,000 PAYOUT" Instant Game No. 1215 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 "$50,000 PAYOUT" Instant Game is determined once the latex on the ticket is scratched off to expose 46 (forty-six) Play Symbols. For Game 1, if a player matches YOUR NUMBER to any of the ROULETTE WHEEL NUMBERS, the player wins the PRIZE shown for that number. For game 2, the player adds the dice in each ROLL. If the total of the ROLL equals 7 or 11, the player wins the PRIZE shown for that roll. For game 3, if the player reveals 3 matching symbols within a SPIN, the player wins the PRIZE shown for that spin. For game 4, if the player matches any of YOUR NUMBERS to either of the WINNING NUMBERS, the player wins the PRIZE shown for that number. If the player reveals a "dollar bill" 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 46 (forty-six) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 46 (forty-six) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 46 (forty six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 46 (forty-six) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The top prize will appear on every ticket unless otherwise restricted.
C. GAME 1: No matching non-winning prize symbols in this game.
D. GAME 1: No matching non-winning ROULETTE NUMBER play symbols on a ticket.
E. GAME 1: Non-winning prize symbols will never be the same as the winning prize symbol(s) in this game.
F. GAME 1: No prize amount in a non-winning spot will correspond with the ROULETTE NUMBER play symbol (i.e. 5 and $5).
G. GAME 2: No matching non-winning prize symbols in this game.
H. GAME 2: No matching non-winning ROLLS in any order.
I. GAME 2: Non-winning prize symbols will never be the same as the winning prize symbol(s) in this game.
J. GAME 2: No ROLL will contain two 1 play symbols creating "snake eyes".
K. GAME 3: No matching non-winning prize symbols in this game.
L. GAME 3: No matching non-winning SPINS in any order.
M. GAME 3: Non-winning prize symbols will never be the same as the winning prize symbol(s) in this game.
N. GAME 3: There will be many near wins, defined as two matching play symbols within a SPIN.
O. GAME 4: No matching WINNING NUMBER play symbols on a ticket.
P. GAME 4: No matching non-winning YOUR NUMBER play symbols on a ticket.
Q. GAME 4: Non-winning prize symbols will never be the same as the winning prize symbol(s) in this game.
R. GAME 4: No prize amount in a non-winning spot will correspond with the WINNING NUMBER play symbol (i.e. 5 and $5).
S. GAME 4: The "DOLLAR BILL" (doubler) play symbol will only appear as dictated by the prize structure.
T. GAME 4: No matching non-winning prize symbols within this game.
2.3 Procedure for Claiming Prizes.
A. To claim a "$50,000 PAYOUT" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$50,000 PAYOUT" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "$50,000 PAYOUT" 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 "$50,000 PAYOUT" 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 "$50,000 PAYOUT" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 7,080,000 tickets in the Instant Game No. 1215. 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. 1215 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
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. 1215, 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-200903528
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 12, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1216 is "POT O' GOLD TRIPLER". The play style is "match 3 of 9 with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1216 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 1216.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $100, $1,000 and SHAMROCK 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. 1216 - 1.2D
E. 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.
F. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $6.00, $9.00, $10.00 $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $30.00, $60.00, $100 and $300.
H. High-Tier Prize - A prize of $1,000 or $3,000.
I. 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.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1216), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1216-0000001-001.
K. Pack - A pack of "POT O' GOLD TRIPLER" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.
L. 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.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "POT O' GOLD TRIPLER" Instant Game No. 1216 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 "POT O' GOLD TRIPLER" Instant Game is determined once the latex on the ticket is scratched off to expose 9 (nine) Play Symbols. If a player reveals 3 matching prize amounts play symbols, the player wins that amount. If a player reveals 2 matching prize amounts play symbols and a "shamrock" play symbol, the player wins TRIPLE that amount instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 9 (nine) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 9 (nine) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 9 (nine) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 9 (nine) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. No more than two pairs of matching play symbols on a ticket.
C. No more than three matching play symbols on a ticket.
D. A ticket may only win once.
E. No more than one pair of matching play symbols on a ticket that contains the "SHAMROCK" (tripler) play symbol.
F. The "SHAMROCK" (tripler) play symbol will only appear as dictated by the prize structure.
G. No more than two matching play symbols on a ticket that contains the "SHAMROCK" (tripler) play symbol.
2.3 Procedure for Claiming Prizes.
A. To claim a "POT O' GOLD TRIPLER" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $6.00, $9.00, $10.00, $15.00, $20.00, $30.00, $60.00, $100 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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, $60.00, $100 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "POT O' GOLD TRIPLER" Instant Game prize of $1,000 or $3,000, 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 "POT O' GOLD TRIPLER" 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 "POT O' GOLD TRIPLER" 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 "POT O' GOLD TRIPLER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,160,000 tickets in the Instant Game No. 1216. 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. 1216 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
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. 1216, 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-200903424
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 7, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1218 is "VETERANS CASH". The play style is "key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1218 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1218.
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, STAR 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. 1218 - 1.2D
E. 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.
F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00 or $100.
H. High-Tier Prize - A prize of $1,000 or $20,000.
I. 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.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1218), 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: 1218-0000001-001.
K. Pack - A pack of "VETERANS CASH" 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.
L. 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.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "VETERANS CASH" Instant Game No. 1218 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 "VETERANS CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a "star" 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 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 in a pack will not have identical play data, spot for spot.
B. The "STAR" (doubler) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. No more than two (2) matching non-winning prize symbols will appear 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. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
H. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "VETERANS CASH" 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 "VETERANS CASH" 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 "VETERANS CASH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
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 "VETERANS CASH" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "VETERANS CASH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §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. 1218. 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. 1218 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
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. 1218, 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-200903425
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 7, 2009
-1.0 Name and Style of Game.
A. The name of Instant Game No. 1220 is "MATCH 3 TRIPLER". The play style is "key number match with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1220 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 1220.
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, 4, 5, 6, 7, 8, 9, 10, 11, 12, 3X SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500 and $1,000.
D. Play Symbol Caption- The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1220 - 1.2D
E. 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.
F. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $4.00, $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 and $500.
H. High-Tier Prize - A prize of $1,000.
I. 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.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1220), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1220-0000001-001.
K. Pack - A pack of "MATCH 3 TRIPLER" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.
L. 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.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MATCH 3 TRIPLER" Instant Game No. 1220 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 "MATCH 3 TRIPLER" Instant Game is determined once the latex on the ticket is scratched off to expose 11 (eleven) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to the WINNING NUMBER play symbol, the player wins the PRIZE shown for that number. If the player reveals a "3X" play symbol, the player wins TRIPLE 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 11 (eleven) 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 11 (eleven) 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 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 11 (eleven) 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 in a pack will not have identical play data, spot for spot.
B. No matching non-winning YOUR NUMBERS play symbols on a ticket.
C. The "3X" (tripler) play symbol will only appear on winning tickets as dictated by the prize structure.
D. No matching non-winning prize symbols.
E. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. The top prize will appear on every ticket unless otherwise restricted by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "MATCH 3 TRIPLER" Instant Game prize of $1.00, $2.00, $3.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "MATCH 3 TRIPLER" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "MATCH 3 TRIPLER" 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 "MATCH 3 TRIPLER" 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 "MATCH 3 TRIPLER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 1220. 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. 1220 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).
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. 1220, 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-200903489
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: August 11, 2009
Change of Date and Location of Workshop
The staff of the Public Utility Commission of Texas (commission) will hold a workshop to discuss issues related to the Commission's present protections for disconnections and issues raised in previous proceedings related to disconnections, on Monday, August 31, 2009, at 10:00 a.m. in Room 1-100, located on the 1st floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 36131, Rulemaking Relating to Disconnection of Electric Service and Deferred Payment Plans has been established for this proceeding.
This notice is not a formal notice of proposed rulemaking; however, the comments of persons participating in the workshop will assist the commission in developing policy changes or determining the necessity for amending existing rules or adopting new rules to address severe weather.
Ten days prior to the workshop the commission shall make available in Central Records under Project Number 36131, an agenda for the format of the workshop.
Questions concerning the workshop or this notice should be referred to Christine Wright, Competitive Markets Division, at (512) 936-7376. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200903385
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 6, 2009
Notice is given to the public of an application filed on August 4, 2009 with the Public Utility Commission of Texas (commission) for an amendment to a certificate of convenience and necessity for a name change.
Docket Style and Number: Application of United Telephone Company of Texas, Inc. for an Amendment to its Certificate of Convenience and Necessity for Name Change. Docket Number 37333.
The Application: United Telephone Company of Texas, Inc. (United) filed an application for an amendment to its Certificate of Convenience and Necessity Number 40039 for name change only. Applicant stated that United's parent, Embarq Corporation, became a wholly-owned subsidiary of CenturyTel, Inc. on July 1, 2009. With the merger, CenturyTel, Inc. has registered the name "CenturyLink" as the trade name and service mark of the merged company. United seeks to change its name to United Telephone Company of Texas, Inc. d/b/a CenturyLink.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by August 28, 2009, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 37333.
TRD-200903470
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 10, 2009
Notice is given to the public of an application filed on August 4, 2009 with the Public Utility Commission of Texas (commission) for an amendment to a certificate of convenience and necessity for a name change.
Docket Style and Number: Application of Central Telephone Company of Texas, Inc. for an Amendment to its Certificate of Convenience and Necessity for Name Change. Docket Number 37334.
The Application: Central Telephone Company of Texas, Inc. (Central Telephone) filed an application for an amendment to its Certificate of Convenience and Necessity Number 40096 for name change only. Applicant stated that Central Telephone's parent, Embarq Corporation, became a wholly-owned subsidiary of CenturyTel, Inc. on July 1, 2009. With the merger, CenturyTel, Inc. has registered the name "CenturyLink" as the trade name and service mark of the merged company. Central Telephone seeks to change its name to Central Telephone Company of Texas, Inc. d/b/a CenturyLink.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by August 28, 2009, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 37334.
TRD-200903473
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 10, 2009
On August 4, 2009, Embarq filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60791. Applicant intends to amend its application to reflect a change in ownership/control, resulting in a change in name and change in service area.
The Application: Application of Embarq for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 37335.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 26, 2009. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 37335.
TRD-200903474
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 10, 2009
On August 7, 2009, dPi Teleconnect, LLC filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60215. Applicant intends to amend its certificate to reflect a change in ownership of the shares from Rent-A-Center, Inc., to Amvensys Telecom Holding, LLC and Aasthi Holdings, Inc.
The Application: Application of dPi Teleconnect, LLC for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 37341.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 26, 2009. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 37341.
TRD-200903506
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 11, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on August 3, 2009, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of PRIDE Network, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 37331 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, optical services, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than August 26, 2009. 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 37331.
TRD-200903472
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 10, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on August 7, 2009, to amend a certificate of convenience and necessity for a proposed transmission line in Collin County, Texas.
Docket Style and Number: Application of Oncor Electric Delivery Company LLC to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line within Collin County, Texas. Docket Number 37232.
The Application: The application of Oncor Electric Delivery Company LLC (Oncor) for a proposed transmission line is designated the Parker Maxwell Creek 138-kV Transmission Line Project. The proposed transmission line project is a new 138-kV double-circuit transmission line connecting the new Oncor Parker Maxwell Creek Substation located east of the City of Parker to the existing Allen Switching Station - Ben Davis 138-kV transmission line. Oncor stated that the proposed transmission line is needed to address load growth in the area. The miles of right-of-way for this project will be approximately 3.5 miles (preferred route). The estimated date to energize facilities is May 2011.
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 September 21, 2009. 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 37232.
TRD-200903504
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 11, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on August 7, 2009, to amend a certificate of convenience and necessity for a proposed transmission line in Wheeler County, 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 Wheeler County, Texas. Docket Number 37260.
The Application: The application of Southwestern Public Service Company (SPS) for a proposed transmission line is designated the Wheeler to Howard Transmission Line Project. SPS stated the proposed 115-kV transmission line project is needed to provide reliable transmission service to existing customers and the growing oil field industry in the eastern Texas Panhandle area. The miles of right-of-way for this project will be approximately seven miles (preferred route). The estimated date to energize facilities is nine months after approval.
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 September 21, 2009. 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 37260.
TRD-200903505
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 11, 2009
Notice is given to the public of Community Telephone Company, Inc. (Community Telephone) application filed with the Public Utility Commission of Texas (commission) on July 31, 2009, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Application of Community Telephone Company, Inc. for Approval of a Minor Rate Change Pursuant to Substantive Rule §26.171; Tariff Control Number 37318.
The Application: Community Telephone filed an application to implement a minor rate change for access line, key system and PBX rates by 10% for residential and business customers in the Joy, Bluegrove and Windthorst exchanges. The Company is also proposing to increase the Primary Service Order Charge, Line Connection Charge and Returned Check Charge for all residential and business customers. The proposed effective date for the proposed rate changes is December 1, 2009. The estimated annual revenue increase recognized by Community Telephone is $11,685 or less than 5% of Community Telephone's gross annual intrastate revenues. Community Telephone has 1,556 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by October 12, 2009, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by October 12, 2009. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 37318.
TRD-200903507
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 11, 2009
Notice is given to the public of Eastex Telephone Cooperative, Inc. (Eastex Telephone) application filed with the Public Utility Commission of Texas (commission) on July 31, 2009, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Application of Eastex Telephone Cooperative, Inc. for Approval of a Minor Rate Change Pursuant to Substantive Rule §26.171; Tariff Control Number 37319.
The Application: Eastex Telephone filed an application to increase rates associated with access lines, key systems, and PBX trunks by 10% for business and residential customers. The proposed effective date for the proposed rate changes is December 1, 2009. The estimated annual revenue increase recognized by Eastex Telephone is $274,004 or less than 5% of Eastex Telephone's gross annual intrastate revenues. Eastex Telephone has 27,596 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by October 12, 2009, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by October 12, 2009. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 37319.
TRD-200903508
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 11, 2009
Notice is given to the public of Hill Country Telephone Cooperative, Inc. (Hill Country Telephone) application filed with the Public Utility Commission of Texas (commission) on July 31, 2009, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Application of Hill Country Telephone Cooperative, Inc. for Approval of a Minor Rate Change Pursuant to Substantive Rule §26.171; Tariff Control Number 37320.
The Application: Hill Country Telephone filed an application to increase rates associated with Directory Assistance Service for all residential and business customers. The proposed effective date for the proposed rate changes is December 1, 2009. The estimated annual revenue increase recognized by Hill Country Telephone is $97,359 or less than 5% of Hill Country Telephone's gross annual intrastate revenues. Hill Country Telephone has 15,786 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by October 12, 2009, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by October 12, 2009. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 37320.
TRD-200903509
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 11, 2009
Notice is given to the public of an application filed on July 31, 2009, with the Public Utility Commission of Texas (commission) for an amendment to a certificated service area boundary in Gaines and Terry Counties, Texas.
Docket Style and Number: Application of Poka Lambro Telephone Cooperative, Inc. (Poka Lambro) to Amend a Certificate of Convenience and Necessity to Modify the Service Area Boundaries of the Loop Exchange and Union Exchange. Docket Number 37321.
The Application: The minor boundary amendment is being filed to realign the common serving boundary between the Loop exchange and the Union exchange of Poka Lambro. The amendment will transfer a portion of service area in the Union exchange to the Loop exchange to accommodate a customer currently located in the Union exchange who has asked to receive service from the Loop exchange.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by August 21, 2009, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 37321.
TRD-200903471
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 10, 2009
Demographic and Model Input Data Development and On-Call Transportation Planning Assistance
Background
Since 2004, the Jefferson-Orange-Hardin Regional Transportation Study (JOHRTS) Area has been classified as a "marginal" nonattainment area under the eight hour standard for precursors to ozone formation. As a nonattainment area, the JOHRTS Metropolitan Transportation Plan (MTP) and Transportation Improvement Program (TIP) are required to demonstrate conformity with the National Ambient Air Quality Standards (NAAQS) established by the Clean Air Act Amendments (CAAA). The conformity process ensures that transportation plans and programs are consistent with federal, state, and local air quality plans for attaining the NAAQS. The current 2007 JOHRTS MTP-2030 will be updated to the 2010 JOHRTS MTP-2035 and is scheduled to undergo conformity analysis during the year 2010.
Objectives
The SETRPC periodically requires consultant assistance to supplement its in-house planning activities. The SETRPC is requesting written proposals for a Consultant to prepare demographic and travel model inputs to the JOHRTS travel model, to assist SETRPC- Metropolitan Planning Organization (MPO) technical staff with the revision and creation of text for various components of the 2010 JOHRTS MTP-2035 including conformity documentation, and to provide services on an as-needed basis to support transportation planning efforts at SETRPC. It is anticipated that the requested work would be performed between January 2010 and September 2011. Proposals are being requested from qualified firms or individuals with specific experience to perform the entire study.
If your firm is interested and qualified to complete this Demographic and Model Input Data Development and On-Call Transportation Planning Assistance, please contact our office to express your interest:
Bob Dickinson, Director, Transportation and Environmental Resources
South East Texas Regional Planning Commission
2210 Eastex Freeway, Beaumont, Texas 77703
Fax: (409) 729-6511
Email: bdickinson@setrpc.org
All responding firms will receive a complete Request for Proposal package.
Final proposals will be due by 12 noon CST on Friday, October 2, 2009.
TRD-200903492
Bob Dickinson
Director
South East Texas Regional Planning Commission
Filed: August 11, 2009
Aviation Division - Request for Proposal for Aviation Engineering Services
The City of Georgetown, 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 Georgetown Municipal Airport during the course of the next five years through multiple grants.
Current Project: City of Georgetown. TxDOT CSJ No.: 0914GRGTN. Current Scope: provide engineering/design services to improve Runway Safety Areas (RSA); rehabilitate corporate taxiway; widen taxilane to T-hangars E, F, & G; rehabilitate north hangar and mid-hangar access areas; and install obstruction lighting on NW RSA Runway 18 and near utility poles adjacent to RSA Runway 36 at Georgetown Municipal Airport.
The DBE Goal is 5%. TxDOT Project Manager is Dale Wright.
Future scope work items for engineering/design services within the next five years may include but are not necessarily limited to the following:
1. Rehabilitate aprons
2. Rehabilitate taxiways
3. Rehabilitate and mark Runway 18-36
4. Install PAPI-2 Runway 11-29
5. Install MITL
6. Rehabilitate hangar access areas
7. Rehabilitate Runway 18-36 edge lighting and threshold lights
8. Rehabilitate segmented circle
9. Rehabilitate lighted taxiway exit signs
10. Rehabilitate and light runway and taxiway identification signs and runway hold short signs.
The City of Georgetown 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.txdot.gov/avn/avninfo/notice/consult/index.htm
by selecting "Georgetown 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
http://www.txdot.gov/business/projects/aviation.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 September 15, 2009, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.
The consultant selection committee will be composed of Aviation Division staff members and one local government member. 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 of engineering proposals can be found at
http://www.txdot.gov/business/projects/aviation.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 Edie Stimach, Grant Manager. For technical questions, please contact Dale Wright, Project Manager.
TRD-200903408
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: August 7, 2009
Notice of Award of Major Consulting Contract
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the University of North Texas Health Science Center at Fort Worth (UNTHSC) announces this notice of consultant contract award.
The invitation for consultants to provide proposals of consulting services (RFP) was published in the June 19, 2009, issue of the Texas Register (34 TexReg 4229).
The consultant will assist UNTHSC with the development of an academic and business plan for a potential new academic degree program accredited by the Liaison Committee on Medical Education (LME).
The contract is awarded to PricewaterhouseCoopers, LLP, 10 Tenth Street NW, Suite 1400, Atlanta, Georgia 30309. UNTHSC will pay an amount not to exceed $120,000. The term of the contract is August 3, 2009 through November 30, 2009. The consultant must submit documents, films, recordings, or reports that consultant is required to provide under the contract to UNTHSC no later than November 30, 2009.
TRD-200903479
Carolyn Cross
Associate Director of Purchasing
University of North Texas Health Science Center at Fort Worth
Filed: August 10, 2009
Notice of Consultant Contract Renewal
In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, Stephen F. Austin State University furnishes this notice of renewal of the University's contract with consultant Charles H. Warlick, Ph.D. 4306 Oak Creek Dr., Nacogdoches, Texas 75965. The original contract was in the sum of $20,720 plus expenses. The first renewal was published in the August 27, 2004, issues of the Texas Register (29 TexReg 8451). The second renewal was published in the July 1, 2005, issue of the Texas Register (30 TexReg 3913). The third renewal was published in the September 8, 2006, issue of the Texas Register (31 TexReg 7763). The fourth renewal was published in the July 4, 2008, issue of the Texas Register (33 TexReg 5425). The contract will be renewed beginning September 1, 2009 and continue through August 31, 2010 with a total amount not to exceed $10,000.
No documents, films, recording, or reports of intangible results will be required to be presented by the outside consultant.
For further information, please call David Justus at (936) 468-4101.
TRD-200903368
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: August 6, 2009
Public Hearing Notice for Fiscal Year 2010 Clean Water State Revolving Fund Intended Use Plan
The Texas Water Development Board (Board) will hold a public hearing on the draft Fiscal Year 2010 Clean Water State Revolving Fund (CWSRF) Intended Use Plan (IUP). The hearing will begin at 2:00 p.m. on September 8, 2009, in Room 170 of the Stephen F. Austin Building at 1700 N. Congress Ave., Austin, Texas 78701.
The IUP contains a list of wastewater projects in prioritized order which will be considered for funding in Fiscal Year 2010 through the CWSRF loan program. The draft Fiscal Year 2010 CWSRF IUP has been prepared pursuant to rules adopted by the TWDB in 31 Texas Administrative Code Chapter 375.
Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the draft IUP. In addition, persons may submit written comments to General Counsel, Texas Water Development Board, P.O. Box, 13231, Austin, Texas 78711, or may file comments at rulescomments@twdb.state.tx.us. Comments and supplemental information provided outside of electronic submission at the address stated, written comments to the Board's General Counsel, or at the public hearing on September 8, 2009, will not be considered. Any comments and supplemental information received after 5:00 p.m. central standard time, October 8, 2009, will not be considered. Interested persons also may review the draft CWSRF IUP at the Board's website at: www.twdb.state.tx.us.
Please note that time limits on public comments may be imposed to allow all members of the public to be heard.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact Leslie Anderson at (512) 463-7855 two (2) working days prior to the hearing so that appropriate arrangements can be made.
TRD-200903405
Ingrid K. Hansen
Deputy General Counsel
Texas Water Development Board
Filed: August 6, 2009
The Texas Water Development Board (Board) will hold a public hearing on the draft Fiscal Year 2010 Drinking Water State Revolving Fund (DWSRF) Intended Use Plan (IUP). The hearing will begin at 2:00 p.m. on September 8, 2009, in Room 170 of the Stephen F. Austin Building at 1700 N. Congress Ave., Austin, Texas 78701.
The IUP contains a list of water projects in prioritized order which will be considered for funding in Fiscal Year 2010 through the DWSRF loan program. The draft Fiscal Year 2010 DWSRF IUP has been prepared pursuant to rules adopted by the TWDB in 31 Texas Administrative Code Chapter 371.
Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the draft IUP. In addition, persons may submit written comments to General Counsel, Texas Water Development Board, P.O. Box, 13231, Austin, Texas 78711, or may file comments at rulescomments@twdb.state.tx.us. Comments and supplemental information provided outside of electronic submission at the address stated, written comments to the Board's General Counsel, or at the public hearing on September 8, 2009, will not be considered. Any comments and supplemental information received after 5:00 p.m. central standard time, October 8, 2009, will not be considered. Interested persons also may review the draft DWSRF IUP at the Board's website at: www.twdb.state.tx.us.
Please note that time limits on public comments may be imposed to allow all members of the public to be heard.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact Leslie Anderson at (512) 463-7855 two (2) working days prior to the hearing so that appropriate arrangements can be made.
TRD-200903502
Ingrid K. Hansen
Deputy General Counsel
Texas Water Development Board
Filed: August 11, 2009