Comptroller of Public Accounts
Certification of the Average Taxable Price of Gas and Oil
The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period November 2008, as required by Tax Code, §202.058, is $82.35 per barrel for the three-month period beginning on August 1, 2008, and ending October 31, 2008. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of November 2008, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.
The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period November 2008, as required by Tax Code, §201.059, is $5.91 per mcf for the three-month period beginning on August 1, 2008, and ending October 31, 2008. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of November 2008, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
TRD-200900037
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: January 6, 2009
The Comptroller of Public Accounts (Comptroller) announces the amendment and renewal of the overpayment recovery audit services contract with Horn & Associates, Inc., 3690 E. Ft. Union Blvd., Suite 202, Salt Lake City, Utah 84121 (Contractor). The Contractor provides overpayment recovery audit services to the Comptroller.
The term of the contract was March 13, 2006 through December 31, 2008. This renewal extends the term of the contract from January 1, 2009 through December 31, 2009.
The total amount of the contract is based on 13.5% of all funds actually recovered and reimbursed back to the State.
The notice of request for proposals (RFP #172m) was originally published in the October 21, 2005, issue of the Texas Register (30 TexReg 6951). The notice of award was published in the March 31, 2006, issue of the Texas Register (31 TexReg 2897).
TRD-200806720
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: December 29, 2008
The Comptroller of Public Accounts (Comptroller) announces the amendment of the Texas College Savings Plan Management Services contract with OFI Private Investments, Inc., Two World Financial Center, 225 Liberty Street, 11th Floor, New York, New York 10281 (Contractor). The Contractor provides Texas 529 Plan management services to the Texas Prepaid Higher Education Tuition Board. The Amendment revises the fees and other provisions of Exhibit D, "Authorized Personnel; Compensation and Marketing Plan."
The term of the contract is November 6, 2007 through August 31, 2012, with option for two additional 1-year renewals.
The total amount of the contract is based on the fair market value of assets under management.
The notice of request for proposals (RFP #177c) was originally published in the April 27, 2007, issue of the Texas Register (32 TexReg 2389). The notice of award was published in the November 23, 2007, issue of the Texas Register (32 TexReg 8593).
TRD-200806721
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: December 29, 2008
Pursuant to Chapter 403, Texas Government Code, and Chapter 2254, Subchapter A, Texas Government Code; and Chapters 72-75, Property Code, the Comptroller of Public Accounts (Comptroller) announces the following notice of contract awards for providing professional unclaimed property audit services.
The Notice of Request for Proposals (RFP #190c) was published in the August 29, 2008, issue of the Texas Register (33 TexReg 7340).
A contract was awarded to Verus Financial LLC, 500 Chase Parkway, Waterbury, Connecticut 06708.
The total amount of the contract is based on a percentage of the cash value of the net unclaimed property received by Comptroller as a result of an audit. The term of the contract is October 22, 2008 through August 31, 2009.
TRD-200806722
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: December 29, 2008
Pursuant to Sections 403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapters F and H, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the issuance of its Request for Proposals (RFP #191c) for Actuarial Services for the Board. The selected actuary will advise and assist the Comptroller and the Board in administering the Board's actuarial activities related to the Texas Guaranteed Tuition Fund ("TTF I") and the new Texas Tuition Promise Fund ("TTPF"), as more fully described in this RFP and the contract, if any resulting from it ("Contract"). The prepaid tuition program (TTFI) currently has approximately $1.3 billion dollars in invested assets managed by individual investment managers and held by one custodian bank. The Texas Tuition Promise Fund is a new program, launched on September 10, 2008, and accepting new enrollments currently. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP in order that the Board may move forward with retaining the necessary actuary. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the successful respondent(s) will be expected to begin performance of the contract on or about June 1, 2009, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room 201, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address after 10:00 a.m. on Friday, January 16, 2009, Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily (ESBD) after Friday, January 16, 2009, at 10:00 a.m. CZT. The ESBD address is http://esbd.cpa.state.tx.us
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Monday, January 26, 2009. Prospective respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or before Friday, January 30, 2009, the Comptroller expects to post responses to questions as a revision to the notice on the ESBD of the issuance of this RFP, located at: http://esbd.cpa.state.tx.us . Non-mandatory Letters of Intent and Questions received after the deadline will not be considered; respondents are solely responsible for ensuring timely receipt of non-mandatory letters of intent and questions.
Closing Date: Proposals must be delivered to the Office of the Deputy General Counsel for Contracts, at the location specified above in Room 201 no later than 2:00 p.m. (CZT), on Friday, February 6, 2009. Proposals received after this time and date will not be considered regardless of the reason for the late delivery and receipt; all respondents are solely responsible for ensuring timely receipt of all proposals in the Issuing Office.
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board shall make the final decision on any contract award or awards resulting from this RFP. The Comptroller and the Board each reserve the right, in their sole discretion, to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - January 16, 2009, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - January 26, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - January 30, 2009; Proposals Due - February 6, 2009, 2:00 p.m. CZT; Contract Execution - June 1, 2009, or as soon thereafter as practical; Commencement of Project Activities - June 1, 2009, or as soon thereafter as practical.
TRD-200900051
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: January 7, 2009
Pursuant to Chapter 54, Subchapters F, G, and H, Texas Education Code, the Comptroller of Public Accounts (Comptroller), as Chair and Executive Director of the Texas Prepaid Higher Education Tuition Board (Board), on behalf of the Board announces the issuance of a Request for Proposals (RFP #191d) for the purpose of obtaining professional accounting services in the form of a financial audit of the Board's prepaid tuition program, college savings plans, and new prepaid unit tuition plan (Texas Tuition Promise Fund), all of which are qualified tuition programs under Internal Revenue Code Section 529. The successful respondent, if any, will be expected to begin performance of the contract on or about June 1, 2009, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel for Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room 201, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on January 16, 2009, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller also made the RFP available electronically on the Electronic State Business Daily (ESBD) after 10:00 a.m. (CZT) on January 16, 2009, at: (http://esbd.cpa.state.tx.us).
Non-Mandatory Letters of Intent and Questions: Letters of Intent are non-mandatory. All written inquiries, questions and non-mandatory Letters of Intent must be received at the above-referenced address no later than 2:00 p.m. (CZT) on Tuesday, January 27, 2009. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must be signed by an authorized representative of that entity. Comptroller anticipates that responses to questions received by the deadline will be posted electronically on Monday, February 2, 2009, on the ESBD at: http://esbd.cpa.state.tx.us Non-Mandatory Letters of Intent and Questions received after the deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be received in the Assistant General Counsel for Contracts' Office at the location specified above in Room 201 no later than 2:00 p.m. (CZT), on Monday, February 9, 2009. Proposals received after this time and date will not be considered; respondents shall be solely responsible for verifying timely receipt of proposals and all required copies in the Issuing Office by the deadline.
Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Board will make the final decision. The Comptroller and the Board each reserve the right to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - Friday, January 16, 2009, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - Tuesday, January 27, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - Monday, February 2, 2009; Proposals Due - Monday, February 9, 2009, 2:00 p.m. CZT; Contract Execution - June 1, 2009, or as soon thereafter as practical; Commencement of Contract Activities - June 1, 2009.
TRD-200900052
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: January 7, 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 01/05/09 - 01/11/09 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 01/05/09 - 01/11/09 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200806724
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: December 30, 2008
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 01/12/09 - 01/18/09 is 18% for Consumer 1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/12/09 - 01/18/09 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.0053 for the period of 01/01/09 - 01/31/09 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The monthly ceiling as prescribed by §303.005 for the period of 01/01/09 - 01/31/09 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
3For variable rate commercial transactions only.
TRD-200900033
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 5, 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 February 16, 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 February 16, 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: Clarkson Energy Homes, Inc. dba Sun Valley Mobile Home Park; DOCKET NUMBER: 2008-1376-PWS-E; IDENTIFIER: RN101176915; LOCATION: Erath County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 Texas Administrative Code (TAC) §290.46(b) and §290.109(c)(4)(E), by failing to conduct monthly source assessment raw water monitoring of the well; 30 TAC §290.46(f)(1), (3)(A)(i)(III) and (iv), and (B)(iii), by failing to maintain public water system operating records in an organized manner, with copies kept on file or stored electronically and made accessible for review during inspections; 30 TAC §290.46(m)(1)(B), by failing to inspect the facility's pressure tank annually; 30 TAC §290.45(b)(1)(F)(ii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.46(n)(2), by failing to maintain an up-to-date map of the distribution system; and 30 TAC §290.45(b)(1)(F)(iii), by failing to provide two or more service pumps having a capacity of two gallons per minute per connection; PENALTY: $5,146; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Eagle Disposal Company, Inc.; DOCKET NUMBER: 2008-1372-MSW-E; IDENTIFIER: RN105163950; LOCATION: Hearne, Robertson County; TYPE OF FACILITY: solid waste hauling business; RULE VIOLATED: 30 TAC §330.15(a) and §330.103(b), and the Code, §26.121(a)(1), by failing to dispose of waste at a facility authorized to receive the waste; PENALTY: $3,888; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: Frontera Generation Limited Partnership; DOCKET NUMBER: 2008-1625-AIR-E; IDENTIFIER: RN102344645; LOCATION: Mission, Hidalgo County; TYPE OF FACILITY: power station; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2)(B) and (C), and 122.146(1) and (2), Federal Operating Permit (FOP) Number O-01888, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to timely submit a complete permit compliance certification (PCC) and semi-annual deviation report; PENALTY: $5,450; ENFORCEMENT COORDINATOR: Jeremy Escobar, (512) 239-1460; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(4) COMPANY: HCN MANAGEMENT, LLC; DOCKET NUMBER: 2008-1666-WQ-E; IDENTIFIER: RN105431985; LOCATION: Copperas Cove, Coryell County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), 40 Code of Federal Regulations §122.26(c), Texas Pollutant Discharge Elimination System General Permit Number TXR15IX45, Part III Section F.2., and the Code, §26.121(a)(1), by failing to maintain best management practices (BMPs) and structural controls in an effective operating condition to prevent the unauthorized discharge of sediment; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(5) COMPANY: KMCO, L.P.; DOCKET NUMBER: 2008-1543-AIR-E; IDENTIFIER: RN101613511; LOCATION: Crosby, Harris County; TYPE OF FACILITY: batch chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), Permit Number 9383, Special Condition (SC) Number 6, and THSC, §382.085(b), by failing to control unauthorized emissions during an emission event; and 30 TAC §101.201(f) and THSC, §382.085(b), by failing to provide additional information requested by the TCEQ Houston Regional Office regarding the January 24, 2008, emissions event; PENALTY: $10,222; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(6) COMPANY: Ata Ur Rahman Khawaja dba M & R Food Market; DOCKET NUMBER: 2008-1387-PST-E; IDENTIFIER: RN102783495; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $3,097; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(7) COMPANY: Merisol USA LLC; DOCKET NUMBER: 2008-1458-AIR-E; IDENTIFIER: RN100214576; LOCATION: Houston, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number O-01254, GTC, and THSC, §382.085(b), by failing to submit the annual PCC; PENALTY: $3,425; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: NEPTUNE INTERNATIONAL, INC. and PARKVIEW PROPERTIES, INC. dba Sugar Land Food Mart; DOCKET NUMBER: 2008-1438-PST-E; IDENTIFIER: RN101794782; LOCATION: Sugar Land, Fort Bend County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by timely and proper submission of a complete UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate; 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump equipped with Stage II equipment; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $13,846; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(9) COMPANY: Permian Enterprises, Ltd.; DOCKET NUMBER: 2008-1701-AIR-E; IDENTIFIER: RN105088629; LOCATION: Odessa, Ector County; TYPE OF FACILITY: internal pipe coating company; RULE VIOLATED: 30 TAC §§106.433, 106.495, and 116.110(a), and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization prior to operating a heat cleaning and surface coating operation; PENALTY: $1,000; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.
(10) COMPANY: Union Tank Car Company; DOCKET NUMBER: 2008-1023-AIR-E; IDENTIFIER: RN100224575; LOCATION: Cleveland, Liberty County; TYPE OF FACILITY: railcar refurbishing plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), Air Permit Number 6370, SC Number 8C(2), FOP Number O-01539, SC Number 6, and THSC, §382.085(b), by failing to conduct quarterly accuracy audits; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 6370B, SC Number 12D, FOP Number O-01539, SC Number 6, and THSC, §382.085(b), by failing to install a continuous flow monitor on the flare; 30 TAC §122.143(4) and §122.145(2)(B) and (C), FOP Number O-01539, GTC, and THSC, §382.085(b), by failing to submit semi-annual deviation reports; and 30 TAC §111.111(a)(4)(A)(ii) and §122.143(4), FOP Number O-1539, SC Number 3, and THSC, §382.085(b), by failing to maintain adequate records to demonstrate compliance with visible emission observations; PENALTY: $11,530; Supplemental Environmental Project offset amount of $4,612 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
TRD-200900043
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 6, 2009
The following notices were issued during the period of December 9, 2008 through January 6, 2008.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
INFORMATION SECTION
AIR LIQUIDE LARGE INDUSTRIES US LP which operates Air Liquide Freeport Facility, has applied for a renewal of TPDES Permit No. WQ0001954000, which authorizes the discharge of cooling tower blowdown, air compressor condensate, and miscellaneous wash water at a daily average flow not to exceed 460,000 gallons per day via Outfall 001. The facility is located on the west side of Farm-to-Market Road 523, north of the intersection of Farm-to-Market Road 523 and State Highway 332, approximately two miles north of the City of Freeport, Brazoria County, Texas.
ALTURA POWER LP which operates a lignite fired steam electric generating station, has applied for a major amendment to TPDES Permit No. WQ0002877000 to increase the daily maximum flow at Outfall 002 to 3,000,000 gallons per day. The current permit authorizes the discharge of coal pile runoff and storm water from the coal facility on an intermittent and flow variable basis via Outfall 001; low volume waste, cooling tower blowdown and storm water runoff at a daily maximum dry weather flow not to exceed 1,500,000 gallons per day via Outfall 002; and storm water runoff from the ash storage area on an intermittent and flow variable basis via Outfall 003. The facility is located approximately one (1) mile east of the Town of Hammond and approximately eight (8) miles north (via State Highway 6) of the City of Calvert, Robertson County, Texas.
BROCK INDEPENDENT SCHOOL DISTRICT has applied for a new permit, Proposed Permit No. WQ0013798002, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day via surface irrigation of 2.3 acres of non-public access pastureland. The draft permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day via surface irrigation of 10 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located approximately 6,000 feet southeast of the intersection of Farm-to-Market Road 1189 and Grindstone Road, in the Brock Community, in Parker County, Texas.
CHEVRON PHILLIPS CHEMICAL COMPANY LP which operates Chevron Phillips Chemical Company Borger Plant, a chemical manufacturing plant, has applied to amend TPDES Permit No. WQ0002484000 to authorize the replacement of Biochemical Oxygen Demand (BOD) limits via Outfalls 001 and 002 with Chemical Oxygen Demand (COD) limits; and to authorize the discharge of firewater containing reverse osmosis reject water at multiple locations. The current permit authorizes the discharge of storm water commingled with deminimus quantities of process wastewater and cooling tower blowdown at an intermittent and flow-variable basis via Outfalls 001 and 002; and the discharge of reverse osmosis reject water at a daily average flow not to exceed 72,000 gallons per day via Outfall 003. The facility is located approximately two (2) miles northeast of the City of Borger on State Highway Spur 119, Hutchinson County, Texas.
CITY OF ANDERSON has applied for a renewal of TPDES Permit No. WQ0013931001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 65,000 gallons per day. The facility is located 0.5 mile south of the intersection of Farm-to-Market Road 1774 and State Highway 90 in Grimes County, Texas.
CITY OF ASPERMONT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of Permit No. WQ0010141001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day via surface irrigation of 46.7 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 0.75 mile west of the intersection of Vivian Avenue and North Second Street, north of the City of Aspermont in Stonewall County, Texas. The wastewater treatment facility and disposal site are located in the drainage basin of the Salt Fork Brazos River in Segment No. 1238 of the Brazos River Basin.
CITY OF BAIRD has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010037001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located immediately east of the TP Lake dam and immediately south of the Texas-Pacific Railroad right-of-way in Callahan County, Texas
CITY OF BERTRAM has applied for a renewal of Permit No. WQ0011669001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 144,000 gallons per day via evaporation and surface irrigation of 50.8 acres of non-public access land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located west of the City of Bertram on the south side of State Highway 29, approximately 1.7 miles west of the intersection of State Highway 29 and Farm-to-Market Road 1174 North in Burnet County, Texas.
CITY OF BRECKENRIDGE has applied for a renewal of TPDES Permit No. WQ0010040001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located approximately 6,000 feet north-northeast of the intersection of U.S. Highway 180 and U.S. Highway 183, approximately 1,000 feet east of U.S. Highway 183 in Stephens County, Texas.
CITY OF COLLINSVILLE has applied for a major amendment to TPDES Permit No. WQ0010151001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 246,000 gallons per day to a daily average flow not to exceed 500,000 gallons per day. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 246,000 gallons per day. The facility is located approximately 0.5 mile southeast of the intersection of U.S. Highway 377 and Farm-to-Market Road 902 in Grayson County, Texas.
CITY OF IREDELL has applied for a renewal of TPDES Permit No. WQ0011565001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 49,000 gallons per day. The facility is located approximately 700 feet east of the intersection of Kidd Street and Meridian Street, approximately 1000 feet south of the North Bosque River on the east side of the City of Iredell in Bosque County, Texas.
CITY OF MARION has applied for a renewal of TPDES Permit No. WQ0010048001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 1,400 feet west of Farm-to-Market Road 465 and 1,800 feet south of Farm-to-Market Road 78 in southwest Marion in Guadalupe County, Texas.
CITY OF MERIDIAN has applied for a renewal of TPDES Permit No. WQ0010113002 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The facility is located north of the North Bosque River, approximately 2900 feet east-northeast of the intersection of State Highway 6 and State Highway 22, and approximately 1800 feet south of the intersection of State Highway 22 and State Highway 144 in Bosque County, Texas.
CITY OF MOODY has applied for a renewal of TPDES Permit No. WQ0010225001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located at 501 5th Street, approximately 1,500 feet northwest of the intersection of State Highway 317 and Farm-to-Market Road 107 in the City of Moody in McLennan County, Texas.
CITY OF TOLAR has applied for a renewal of TPDES Permit No. WQ0014233001, 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 1/5 mile west of Farm-to-Market Road 201 (Farm-to-Market Road 56) and 1/4 mile south of U.S. Highway 377 on the south side of Squaw Creek in the City of Tolar in Hood County, Texas.
CREDIT SHELTER TRUST has applied for a Renewal of and conversion to an individual Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0003322000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing dairy cattle facility at a maximum capacity of 990 head, of which 990 head are milking cows. The facility is located on the east side of US Highway 281, approximately 3.75 miles south of the intersection with US Highway 67 in Stephenville in Erath County, Texas.
DOWDELL PUBLIC UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011404001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located in the northwest quadrant of the intersection of Kuykendahl Road and Dowdell Road, approximately one mile east of Farm-to-Market Road 2920 and approximately seven miles west of Interstate Highway 45 in Harris County, Texas.
ELG METALS INC which operates a scrap metal processing facility, has applied for a renewal of TPDES Permit No. WQ0003324000, which authorizes the discharge of storm water on an intermittent and variable basis via Outfall 001. The facility is located at 15135 Jacintoport Blvd., Houston, Texas.
EVONIK DEGUSSA CORPORATION which operates Orange Carbon Black Plant, has applied for a major amendment with renewal to TPDES Permit No. WQ0000814000 to authorize the removal of boiler blowdown, cooling tower blowdown and treated domestic wastewater from the wastestream at Outfall 001; to remove effluent limitations and monitoring requirements for chemical oxygen demand, total suspended solids, fecal coliform, total residual chlorine, total cadmium and total zinc at Outfall 001; to replace existing chemical oxygen demand limitations and monitoring requirements with total organic carbon limitations and monitoring requirements at Outfall 001; and to relocate Outfall 001. The current permit authorizes the discharge of process washwater, boiler blowdown, cooling tower blowdown, treated domestic wastewater, and storm water on an intermittent and flow variable basis via Outfall 001. The proposed permit will authorize the discharge of process washwater, boiler blowdown, cooling tower blowdown, treated domestic wastewater, and storm water on an intermittent and flow variable basis via Outfall 001 (interim), storm water runoff and de minimis amounts of process washwater on an intermittent and flow variable basis via Outfall 001 (final). The facility is located adjacent to Farm-to-Market Road 736, approximately two miles east of the intersection of State Highway 87 and Farm-to-Market Road 3247, and three miles northeast of the City of Orange, Orange County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
GEORGE AIVAZIAN has applied for a renewal of TPDES Permit No. WQ0012427001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,000 gallons per day. TCEQ received this application on September 12, 2008. The facility is located at 1910 Highway 6 South in the City of Houston in Harris County, Texas.
GEORGE TED DEVRIES has applied for a major amendment of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0003061000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to expand an existing dairy cattle facility from 1,250 head to a maximum capacity of 2,800 head of which 2,000 head are milking cows and increase land application acres from 273 acres to 561.5 acres. The facility is located approximately 0.8 miles east and 0.6 miles north of the intersection of Erath County Road 385 and Erath County Road 382, said intersection is located approximatley 0.13 miles north of the intersection of County Road 385 and County Road 242, said intersection is approximately 1.0 mile west of the intersection of County Road 242 and County Road 378 and said intersection is approximatley 0.34 miles north of US Highway 67 in Erath County, Texas.
GREIF PACKAGING LLC has applied for a renewal of TPDES Permit No. WQ0013949001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,000 gallons per day. The facility is located at 10700 Strang Road in the City of La Porte in Harris County, Texas.
GULF SULPHUR SERVICES LTD LLLP which operates Galveston Terminal, a sulphur storage and shipping facility, has applied for a major amendment to TPDES Permit No. WQ0001634000 to authorize the discharge of treated process wastewater at a daily average flow not to exceed1,230 gallons per day from a proposed Priller Unit, via existing Outfall 001. The existing permit authorizes the discharge of utility wastewater, washwater, and storm water runoff on an intermittent and flow variable basis via Outfall 001. The facility is located in the 4500 block of Port Industrial Boulevard, one fourth of a mile west of the Galveston Island/Pelican Island Causeway, on the south side of the Galveston Ship Channel, in the City of Galveston, Galveston County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT 383 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit WQ0013875002 to authorize the inclusion of an additional interim discharge phase not to exceed a daily average flow of 990,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located approximately 2.3 miles northeast of the intersection of State Highway 249 and Spring Cypress Road, 1.8 miles west of the intersection of Stuebner-Airline Road and Spring Cypress Road at 9060 Gleannloch Forest in Harris County, Texas.
HERMANUS AART VAN KRANENBURG has applied for a Renewal of, and conversion to an individual permit, Texas Pollutant Discharge Elimination System (TPDES) Registration No. WQ0003185000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing Dairy facility at a maximum capacity of 750 head, of which 750 head are milking cows. The facility is located on the west side of County Road 428, approximately one mile south of its intersection with Farm-to-Market Road 219 in Erath County, Texas.
HUFFSMITH KOHRVILLE INC has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014923001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0014044001 which expired February 1, 2008. The facility is located approximately 1,300 feet east of Farm-to-Market Road 149 and 3,500 feet north of the intersection of Farm-to-Market Road 149 and Spring Cypress Road in Harris County, Texas.
ISP TECHNOLOGIES INC which operates ISP Technologies Plant, has applied for a renewal of TPDES Permit No. WQ0001263000, which authorizes the discharge of utility wastewater and storm water at a daily average flow not to exceed 1,580,000 gallons per day via Outfall 001, and storm water on an intermittent and flow variable basis via Outfall 003. The facility is located south of Attwater Avenue and west of State Highway 146, across from the Galveston County Industrial Water Reservoir and extending south the Moses Bayou in the City of Texas City, Galveston County, Texas.
J B GRAND CANYON DAIRY LP has applied for a Renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0002950000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing Dairy cattle facility at a maximum capacity of 1,950 head of which 1,450 head are milking cows. The facility is located on the east side of Farm to Market Road 219, approximately 5 miles south of the intersection of Farm to Market Road 219 and Highway 1702, approximately 7 miles southeast of Dublin, in Erath County, Texas.
JACK EDWIN VANDEN BERGE has applied for a Renewal of, and conversion to an individual permit, State Registration No. WQ0003184000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing Dairy Cattle facility at a maximum capacity of 500 head, of which 500 head are milking cows. The facility is located on the north side of County Road 177, approximately 1.5 miles east of the intersection of U.S. Highway 281 and County Road 177, said intersection being 3/4 of a mile north of the intersection of U.S. Highway 281 and U.S. Highway 377 in Stephenville, in Erath County, Texas.
LAVACA NAVIDAD RIVER AUTHORITY has applied for a renewal of TPDES Permit No. WQ0012084001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located at the Brackenridge Plantation Campgrounds, approximately 3200 feet south of State Highway 111 and approximately 7.0 miles east of the City of Edna in Jackson County, Texas.
LINDE GAS NORTH AMERICA LLC which operates Linde Gas La Port Syngas Facility, has applied for a renewal of TPDES Permit No. WQ0004092000, which authorizes the discharge of cooling tower blowdown, boiler blowdown, utility wastewater (condensate, demineralizer regenerant streams, and belt press wash water), wash down water from process areas and non-process areas, sample cooler water, and storm water at a daily average flow not to exceed 1,000,000 gallons per day via Outfall 001, and storm water on a flow variable basis via Outfall 002. The facility is located on Strang Road approximately one-half mile east of the intersection of Strang Road and Miller Cut-off Road, Harris County, Texas.
NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 5 has applied for a renewal of TPDES Permit No. WQ0011583001, 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 at the crossing of Banquete Creek and County Road 40, which is approximately 1.25 miles east of Farm-to-Market Road 666 and 0.5 mile south of State Highway 44 near Banquete in Nueces County, Texas.
OHMSTEDE LTD which operates Ohmstede La Porte Plant, has applied for a major amendment to TPDES Permit No. WQ0001318000 to authorize the removal of the copper limit and to reduce the monitoring frequency for all constituents via Outfall 001. The current permit authorizes the discharge of hydrostatic test water, domestic wastewater, process wastewater, and storm water at a daily maximum flow not to exceed 45,000 gallons per day via Outfall 001. The facility is located at 12415 La Porte Road on the north side of State Highway 225, approximately 0.5 miles west of the intersection of State Highway 225 and State Highway 146, in the City of La Porte, Harris County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
PETER WILFRIDUS DERIDDER has applied for a Major Amendment of, and conversion to an individual permit, Texas Pollutant Discharge Elimination System (TPDES)Registration No. WQ0003290000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to expand an existing dairy cattle facility from 650 head to a maximum capacity of 990 head of which 990 head are milking cows. The facility is located at the intersection of County Road 199 and County Road 202. This intersection is approximately 0.42 mile southeast of the intersection of County Road 199 and State Highway 220, which is approximately 0.48 mile southwest of the intersection of State Highway 220 and U.S. Highway 67, which is about 13.8 miles northeast of the intersection of State Highway 220 and State Highway 6 in Hico in Erath County, Texas.
PORT OF HOUSTON AUTHORITY which operates the Port of Houston Authority Municipal Separate Storm Sewer System, has applied to renew Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ00004421000, to authorize storm water point source discharges to surface water in the state from the Port of Houston Authority Municipal Separate Storm Sewer System. The municipal separate storm sewer system is located in the cities of Houston, Galena Park, La Porte, Morgan's Point, Pasadena and Seabrook; Harris County, Texas.
RESORT RANCH OF LAKE TRAVIS INC has applied for a renewal of Permit No. WQ0012958001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 17,000 gallons per day via surface irrigation of 19.7 acres of non-public access grassland. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located four miles northeast of the intersection of State Highway 71 and Ranch Road 2322 and south of Pace Bend Park in Travis County, Texas.
SYNAGRO OF TEXAS CDR INC has applied for renewal of Permit No. WQ0004505000 to authorize the land application of wastewater treatment plant sewage sludge for beneficial use on 56.37 acres. The land application site is located one mile south of Brownsboro on County Road 3600 in Henderson County, Texas. This permit will not authorize a discharge of pollutants into waters in the State.
SYNAGRO OF TEXAS CDR INC has applied for a renewal of Permit No. WQ0004507000, which authorizes the land application of sewage sludge for beneficial use. The current permit authorizes land application of sewage sludge for beneficial use on 171.5 acres. The land application site is located approximately 3/4 mile west of the intersection of Farm-to-Market Road 2171 and Farm-to-Market Road 2172, south of the City of White House in Smith County, Texas
TEXAS DEPARTMENT OF TRANSPORTATION HOUSTON DISTRICT has applied for a renewal of TPDES Permit No. TXS001701. The draft permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004520000, would authorize storm water point source discharges to surface water in the state from the Texas Department of Transportation - Houston District (Pasadena) Municipal Separate Storm Sewer System. This permit will be reissued as TPDES Permit No. WQ0004520000 (TXS001702). The municipal separate storm sewer system is located within the corporate boundary of the City of Pasadena, Harris County, Texas.
TEXAS PARKS AND WILDLIFE DEPARTMENT has applied to the TCEQ for a renewal of TPDES Permit No. WQ0011692001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 14,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at a reduced daily average flow not to exceed 5,000 gallons per day as requested by the applicant. The facility is located adjacent to State Highway 87, approximately 12 miles west of the intersection of Farm-to-Market Road 3322 and State Highway 87 in Jefferson County, Texas.
THE COLONY MUNICIPAL UTILITY DISTRIST NO 1A has applied for a renewal of TPDES Permit No. WQ0014427001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located west of Farm-to-Market Road 969, 1.15 miles northwest of the intersection of State Highway 71 and Farm-to-Market Road 969 in Bastrop County, Texas.
THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY has initiated a minor amendment of the TCEQ permit WQ0014358001 issued to Hays County Municipal Utility District No. 5, to replace Attachment A of the permit. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day via subsurface drip irrigation of 68.87 acres of public access land, which will remain the same. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 2.3 miles south of U.S. Highway 290 and approximately 6,500 feet east of Sawyer Ranch Road. The disposal sites are located throughout the Highpointe Subdivision. The entrance to the subdivision is located on the east side of Sawyer Ranch Road, approximately 1.7 miles along Sawyer Ranch Road, south of the intersection of U.S. Highway 290 and Sawyer Ranch Road. Sawyer Ranch Road is located 8.2 miles west of the intersection of U.S. Highway 290 and Texas Highway 71 (the "Y" in Oak Hill), and 5.5 miles east of Dripping Springs in Hays County, Texas.
TIMBERCREST PARTNERS LLC has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014912001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 172,000 gallons per day. The facility was previously permitted under TPDES Permit No. 13487-001 which expired March 1, 2008. The facility is located at 25903 Elmfield Drive, Spring in Harris County, Texas.
TOWN OF OPDYKE WEST has applied for a renewal of Permit No. WQ0012615001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 24,000 gallons per day via surface irrigation of 5 acres of non-public access land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located 2.5 miles east of the intersection of State Highway 114 and Farm-to-Market Road 3261 in Hockley County, Texas.
VANDER HORST ENTERPRISES LLC AND MILKY WAY DAIRY has applied for a Renewal of, and conversion to an individual permit, Texas Pollutant Discharge Elimination System (TPDES) Registration No. WQ0003094000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing dairy cattle facility at a maximum capacity of 1,225 head of which all are milking cows. The facility is located on the north side of County Road 258 approximately six tenths (0.60) mile north of its intersecton with Farm-to-Market Road 847. This intersection is located approximately three and nine tenths (3.9) miles southwest of the intersection of Farm-to-Market Road 847 and Farm-to-Market Road 914. The intersection of Farm-to-Market Road 914 and Farm-to-Market Road 847 is located approximately two and six tenths (2.6) miles south of the intersection of Farm-to-Market Road 914 and US Highway 67 in Stephenville, Erath County, Texas.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200900058
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 7, 2009
The State Office of Administrative Hearings (SOAH) issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (TCEQ or commission) on January 5, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. MPR Investments, L.L.C. dba Oakridge Square Mobile Home Park; SOAH Docket No. 582-08-2652; TCEQ Docket No. 2007-1935-PWS-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against MPR Investments, L.L.C. dba Oakridge Square Mobile Home Park on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200900059
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 7, 2009
Request for Proposals #303-9-10404-B
The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission, Department of Aging and Rehabilitative Services and Department of State Health Services, announces the issuance of Request for Proposals (RFP) #303-9-10404-B. TFC seeks a ten (10) year lease of approximately 42,071 sq. ft. of office space, 2,700 sq. ft. of warehouse space and 6,000 sq. ft. of vehicle compound space for a total of 50,771 square feet in Lubbock, Lubbock County, Texas.
The deadline for questions is January 23, 2009 and the deadline for proposals is January 30, 2009 at 3:00 p.m. The anticipated award date is February 18, 2009. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=80458.
TRD-200900061
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 7, 2009
Notice of Implementation of Interstate Compact for Juveniles
Pursuant to Acts 2005, 79th Leg., Ch. 1007, §3.01, the Office of the Governor hereby provides notice that the Interstate Compact for Juveniles (the Compact) has been implemented. Under Article IX of the Compact, the Compact becomes effective and binding upon legislative enactment by 35 states. On August 26, 2008, the Compact was ratified by the 35th state, thereby making it effective in Texas and all other compacting states.
TRD-200806725
David Zimmerman
Assistant General Counsel
Office of the Governor
Filed: December 30, 2008
The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications to provide grants to certified Crime Stoppers organizations in Texas during the state fiscal year 2010 grant cycle.
Purpose: The purpose of the Crime Stoppers Assistance Fund is to enhance and assist the community's efforts in solving serious crimes.
Available Funding: State funding is authorized for these projects under Article 102.013, Texas Code of Criminal Procedure, which designates CJD as the funds administering agency. The source of funding is a biennial appropriation by the Texas Legislature from funds collected through court costs and fees.
Funding Levels:
(1) Minimum grant award - $1,500.
(2) Maximum grant award - $10,000.
Standards: Grantees will comply with the standards applicable to this funding source contained in the Texas Administrative Code (1 TAC Chapter 3), and all statutes, requirements, and guidelines applicable to this funding.
Prohibitions: Grant funds may not be used to support the following services, activities, and costs:
(1) admission fees or tickets to any amusement park, recreational activity or sporting event;
(2) attorney fees;
(3) construction;
(4) extended equipment services arrangements;
(5) food, meals, beverages, or other refreshments unless the expense is for a working event where full participation by participants mandates the provision of food and beverages and the event is not related to amusement and/or social activities in any way;
(6) fundraising;
(7) legal services for adult offenders;
(8) lobbying;
(9) membership dues for individuals;
(10) office space rental;
(11) overtime pay;
(12) promotional advertisements of any kind;
(13) promotional gifts;
(14) proselytizing or sectarian worship;
(15) purchase or improvement of real estate;
(16) rewards, except for statewide projects;
(17) subscription fees;
(18) vehicles or equipment for government agencies that are for general agency use;
(19) weapons, ammunition, explosives or military vehicles;
(20) any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state or local funds (e.g., supplanting); and
(21) any portion of the salary of, or any other compensation for an elected or appointed government official, except in the case of a juvenile court or drug court.
Eligible Applicants: Eligible applicants are Crime Stoppers organizations as defined by §414.001 of the Texas Government Code that are certified by the Crime Stoppers Advisory Council to receive repayments under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Article 42.12 of the Texas Code of Criminal Procedure. Section 414.001 of the Texas Government Code defines a "crime stoppers organization" as follows:
(1) a private, nonprofit organization that is operated on a local or statewide level, that accepts and expends donations for rewards to persons who report to the organization information about criminal activity and that forwards the information to the appropriate law enforcement agency; or
(2) a public organization that is operated on a local or statewide level, that pays rewards to persons who report to the organization information about criminal activity, and that forwards the information to the appropriate law enforcement agency.
Requirements: Crime Stoppers programs must focus on reducing crime through the operation of a hotline that receives information about criminal activities and fugitives from members of the public, guarantees anonymity, forwards the information to the appropriate law enforcement agency, and pays rewards.
Project Period: Grant-funded projects must begin on or after September 1, 2009, and will expire on or before August 31, 2010.
Application Process: Applicants must access CJD's grant management website at https://cjdonline.governor.state.tx.us to register and apply for funding.
Closing Date for Receipt of Applications: All applications must be certified via CJD's eGrants website on or before March 6, 2009.
Selection Process: Applications are reviewed by CJD staff members or a review group selected by the executive director of CJD. CJD will make all final funding decisions based on eligibility, reasonableness of the project, availability of funding, and cost-effectiveness.
Contact Person: If additional information is needed, contact Byron Bullock at byron.bullock@governor.state.tx.us or (512) 463-1824.
TRD-200900055
Kevin Green
Assistant General Counsel
Office of the Governor
Filed: January 7, 2009
The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for projects that support juvenile justice and delinquency prevention during the state fiscal year 2010 grant cycle.
Purpose: The purpose of the JJDP Act Program is to improve the juvenile justice system and develop effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency.
Available Funding: Federal funding is authorized under the Juvenile Justice and Delinquency Prevention Act of 2002, Public Law 107-273, 42 U.S.C 5601 et seq. All grants awarded from this fund must comply with the requirements contained therein. As of the date of the issuance of this RFA, the U.S. Congress has not finalized federal appropriations for federal fiscal year 2009. All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law.
Standards: Grantees must comply with the standards applicable to this funding source contained in the Texas Administrative Code (1 TAC Chapter 3), and all statutes, requirements, and guidelines applicable to this funding. In addition, grantees must comply with the federal regulations at 28 C.F.R. §31.
Prohibitions: Grant funds may not be used to support the following services, activities, and costs:
(1) proselytizing or sectarian worship;
(2) lobbying;
(3) any portion of the salary of, or any other compensation for, an elected or appointed government official;
(4) vehicles or equipment for government agencies that are for general agency use;
(5) weapons, ammunition, explosives or military vehicles;
(6) admission fees or tickets to any amusement park, recreational activity or sporting event;
(7) promotional gifts;
(8) food, meals, beverages, or other refreshments unless the expense is for a working event where full participation by participants mandates the provision of food and beverages and the event is not related to amusement and/or social activities in any way;
(9) membership dues for individuals;
(10) any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state or local funds (i.e., supplanting);
(11) fundraising;
(12) construction;
(13) medical services;
(14) transportation, lodging, per diem or any related costs for participants, when grant funds are used to develop and conduct training;
(15) legal services for adult offenders; and
(16) overtime pay.
Eligible Applicants:
(1) State agencies;
(2) Units of local government;
(3) Independent school districts;
(4) Nonprofit corporations;
(5) Indian tribes performing law enforcement functions;
(6) Crime control and prevention districts;
(7) Universities;
(8) Colleges; and
(9) Faith-based organizations. Faith-based organizations must be tax-exempt nonprofit entities as certified by the Internal Revenue Service.
Eligible Activities:
(1) Alternatives to Detention;
(2) Community Assessment Center;
(3) Community Assessment Center;
(4) Data Information/Sharing Systems;
(5) Delinquency Prevention;
(6) Diversion;
(7) Gangs - Juvenile;
(8) Jail Removal;
(9) Juvenile Probation;
(10) Juvenile Sex Offender Programs;
(11) Mentoring;
(12) Professional Therapy and Counseling;
(13) Reentry of Offender into the Community;
(14) Removal of Juvenile Status Offenders from Secure Facilities;
(15) School Based Delinquency Prevention;
(16) Services to Children of Incarcerated Parents;
(17) Substance Abuse;
(18) Training and Technology;
(19) Youth Advocacy; and
(20) Youth Courts/Teen Courts;
Project Period: Grant-funded projects must begin on or after September 1, 2009, and expire on or before August 31, 2010.
Application Process: Applicants must access CJD's grant management website at https://cjdonline.governor.state.tx.us to register and apply for funding.
Preferences: Preference will be given to those applicants that demonstrate cost effective programs focused on proven or promising approaches to services provision.
Closing Date for Receipt of Applications: All applications must be certified via CJD's eGrants website on or before March 13, 2009.
Selection Process:
(1) For eligible local and regional projects:
(a) Applications will be forwarded by CJD to the appropriate regional council of governments (COG).
(b) The COG's criminal justice advisory committee will prioritize all eligible applications based on identified community and/or comprehensive planning, cost and program effectiveness.
(c) CJD will accept priority listings that are approved by the COG's executive committee.
(d) CJD will make all final funding decisions based on approved COG priorities, reasonableness of the project, availability of funding, and cost-effectiveness.
(2) For state discretionary projects, applications will be reviewed by CJD staff members or a group selected by the executive director of CJD. CJD will make all final funding decisions based on eligibility, reasonableness of the project, availability of funding, and cost effectiveness.
Contact Person: If additional information is needed, contact Angie Martin at amartin@governor.state.tx.us or (512) 463-1919.
TRD-200900054
Kevin Green
Assistant General Counsel
Office of the Governor
Filed: January 7, 2009
Notice of Public Hearing on Proposed Medicaid Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on January 30, 2009, at 10:00 a.m. to receive public comment on the proposed interim per diem Medicaid reimbursement rate for small, state-operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) operated by the Texas Department of Aging and Disability Services (DADS).
The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Piney Woods Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Josie Wheatfall by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. As the single state agency for the state Medicaid program, HHSC proposes the following interim daily reimbursement rate for small, state-operated ICF/MR facilities operated by DADS: $394.49.
HHSC is proposing these interim rates so that adequate funds will be available to serve clients in these facilities. The proposed interim rate accounts for actual and projected increases in costs to operate these facilities. The proposed interim rates will be effective September 1, 2008, if approved.
Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies codified at Texas Administrative Code (TAC) Title 1 Chapter 355, Subchapter D, §355.456(e), relating to Reimbursement determination for state-operated facilities.
Briefing Package. A briefing package describing the proposed payment rates will be available on January 16, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at josie.wheatfall@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 Josie Wheatfall, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Josie Wheatfall at (512) 491-1998; or by e-mail to Josie.Wheatfall@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Josie Wheatfall, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200806723
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: December 30, 2008
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the intent to extend the existing contract, by an amendment, for consultant services to assist the State in assuring the effective performance of the Medicaid Claims/Primary Care Case Management (PCCM) Administrator vendor via Independent Verification and Validation Services (RFP #529-06-0376). The current contractor is Software Engineering Services, 112 North Central Avenue, Phoenix, Arizona 86004, for a sum not to exceed $1,522,856. HHSC intends to amend the existing contract to add an additional year to its term and increase amount of the contract by $740,000 unless a better offer is received.
The primary objectives for this contract are to assist HHSC in administering the Medicaid Claims/PCCM Administrator by:
1. Assuring the accurate, complete and timely delivery of technology services;
2. Monitoring and reporting on the Medicaid Claims/PCCM Administrator vendor performance, specifically related to quality, risk management and issues resolution on specified technology projects; and
3. Exploring opportunities to maximize efficiency and reduce costs in the administration of the affected State programs.
The RFP for the original contract is located in full on HHSC's Business Opportunities Page under "Contracting Opportunities" link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.asp HHSC also posted notice of the procurement on the Texas Marketplace on January 9, 2009. Parties interested in submitting alternative proposals should prepare them as described and directed in the original RFP documents.
The successful Vendor will demonstrate the ability to meet these objectives and will be evaluated, in part, by the degree to which the respondent shows how it will achieve them.
The Health and Human Services Commission's Sole Point-Of-Contact for this procurement is:
Max Mrasek, Contract Manager
Texas Health and Human Services Commission
P.O. Box 85200-5200
Austin, Texas 78708-5200
(512) 491-1316
max.mrasek@hhsc.state.tx.us
All proposals must be received at the above-referenced address on or before 3:00 p.m. Central Time on January 30, 2009. Proposals received after this time and date will not be considered.
All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.
TRD-200900060
David Brown
Assistant General Counsel
Texas Health and Human Services Commission
Filed: January 7, 2009
Licensing Actions for Radioactive Materials
TRD-200900028
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: January 5, 2009
Housing Trust Fund (HTF) 2009 Texas Veterans Housing Support Program Notice of Funding Availability (NOFA)
1) Summary.
a) The Texas Department of Housing and Community Affairs ("the Department") announces the availability of $1,000,000 in funding from the Housing Trust Fund (HTF) 2009 appropriation to fund housing assistance programs for veterans. Funds will be made available for Veteran Homebuyer Assistance (VHA), Veteran Homebuyer Assistance with Rehabilitation (VHAR), and Veteran Rental Assistance (VRA).
b) The availability and use of these funds is subject to the Department's Housing Trust Fund Rule at 10 TAC Chapter 51 ("HTF Program Rule") and Chapter 2306, Texas Government Code in effect at the time an application is submitted. Other regulations may also apply such as, but not limited to, 24 CFR §84.36 and §2306.5545, Texas Government Code, for conflict of interest, 24 CFR §5.609 for income qualification, 24 CFR Part 5, Subpart A for fair housing, and Chapter 2156, Texas Government Code and the Uniform Grant Management Act (Chapter 783, Texas Government Code and 1 TAC Chapter 5) for procurement. Applicants are encouraged to familiarize themselves with all of the applicable rules that govern the program.
c) Veteran--A veteran is a person who:
i) Served no fewer than ninety (90) continuous days on active duty (including active duty for training) in the Army, Navy, Air Force, Marines, Coast Guard or United States Public Health Service (unless discharged sooner by reason of a service-connected disability), or a reserve component of one of the listed branches of service, or have enlisted or received an appointment in the Texas National Guard after completing all initial active duty training requirements as a condition of enlistment or appointment, or have completed twenty (20) years in a reserve component so as to be eligible for retirement as a condition of enlistment or appointment, or, if currently an active duty member of a listed service or a full-time reservist, have completed the initial service obligation;
ii) Served after September 16, 1940 (for Texas veterans who entered the armed services before January 1, 1977, and who have been discharged from active duty less than thirty (30) years); and/or
iii) Been honorably discharged.
2) Appropriation of Housing Trust Funds.
a) Funds are made available through the Housing Trust Fund and are not subject to the Regional Allocation Formula. All funds released under this NOFA shall be used for the creation of affordable housing for Texas veterans earning 80% or less of the Area Median Family Income (AMFI) as defined by the U.S. Department of Housing and Urban Development (HUD). Priority will be given to veterans with disabilities.
b) This NOFA will be an Open Application Cycle and funding will be available on a first-come, first-served statewide basis. Applications will be accepted by the Department on regular business days until 5:00 p.m., Friday, May 1, 2009, regardless of method of delivery. Applicants are encouraged to review the application process cited in 10 TAC §51.8 and §51.12 and as described herein. Applications that do not meet minimum threshold criteria will not be considered for funding.
3) Limitation on Funds.
a) The Department awards Veterans Housing Support Program funds to eligible organizations. The maximum award amount may not exceed $250,000, including project, administrative, and soft costs, per Program Activity.
b) Applicants may be eligible to receive up to 4% of project costs for funding for Administrative Costs. Administrative Costs may include:
i) Application intake and processing;
ii) Affirmative marketing and brochures;
iii) Travel costs for administration and contract training;
iv) Professional Services;
v) Construction and disbursement documentation preparation;
vi) Information services;
vii) Procurement of Contractor;
viii) Project document preparation;
ix) Schedule of values; and
x) Work write-up summary.
c) Soft costs are limited to 10% of project costs. Soft Costs may include:
i) Application intake and processing;
ii) Inspections;
iii) Procurement of Contractor;
iv) Schedule of values; and
v) Work write-up summary.
4) Activity and Applicant Eligibility.
a) Eligible and Prohibited Activities are specified in the Department's Housing Trust Fund Rule. Eligible Activities will include those permissible in 10 TAC §51.6. Prohibited Activities include those in 10 TAC §51.7.
b) Eligible Applicants are Units of General Local Government, Nonprofit Organizations, and Public Housing Agencies Authorities (PHA's). Applicants may be ineligible for funding if they meet any of the criteria listed in 10 TAC §51.8(d).
c) Applicants are encouraged to familiarize themselves with the Department's certification and debarment policies prior to application submission.
5) Affordability Requirements.
a) All Housing Trust Fund-assisted housing must follow the income qualification guidelines in 24 CFR §5.609 for VHA, VRA and VHAR and adjusted income guidelines in 24 CFR §5.611 for VRA.
b) Awarded organizations will provide the VHA and VHAR assistance to the homebuyer in the form of a loan. Each loan will be in the form of a 0% interest, 10-year deferred forgivable loan with a term based on the Households AMFI and as further described in §9 of this NOFA. All loans to assisted homebuyers must be evidenced by loan documents provided by the Department and must be payable to the Department.
c) If at any time prior to the full loan period there occurs a resale of the property, a refinance of any superior lien, a repayment of any superior lien, or if the unit ceases to be the assisted Household's principal residence, the remaining loan balance shall become due and payable.
d) Forgiveness of the loan balance is calculated based on a pro-rata annual share of the loan term. The anniversary date of the loan shall constitute completion of the year. Any partial year shall not be waived. The amount due will be based on the pro-rata share number of years of the remaining loan term.
e) In the event the home is sold (voluntary or involuntary), the assisted Household will pay the loan balance from the shared net proceeds of the sale. The shared net proceeds are the sales price minus superior loan repayment (other than Veterans Housing Support Program funds) and any closing costs. A copy of the HUD closing statement must be provided.
6) Construction Standards and Requirements.
a) Housing that is constructed or rehabilitated with HTF funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for new construction or rehabilitation, HTF-assisted new construction or rehabilitation must meet, as applicable, the International Residential Code, the HOME Program Texas Minimum Construction Standards (TMCS) and be in compliance with the basic access standards in new construction, established by §2306.514, Texas Government Code. In addition, housing that is rehabilitated with funds awarded under this NOFA must meet all applicable energy efficiency standards established by §2306.187, Texas Government Code, and energy standards as verified by RESCHECK.
b) At the completion of the assistance, all properties must meet the International Residential Code and local building codes. If a home is reconstructed, the applicant must also ensure compliance with the universal design features in new construction, established by §2306.514, Texas Government Code, required for any applicant utilizing federal or state funds administered by Texas Department of Housing and Community Affairs in the construction of single family homes.
c) All other HTF-assisted housing (e.g., acquisition) must meet all applicable State and local housing quality standards and code requirements and if there are no such standards or code requirements, the housing must meet the Housing Quality Standards in 24 CFR §982.401. When HTF funds are used for a rehabilitation development, the entire unit must be brought up to the applicable property standards.
d) Housing that is assisted with HTF funds must comply with the Lead-Based Paint Poisoning Prevention Act (42 USC §§4821 - 4846) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 USC §§4851 - 4856).
e) Awarded organizations must comply with the requirements of §2156.062, Texas Government Code and the rules promulgated by the Office of the Governor under the Uniform Grant Management Act, Chapter 783, Texas Government Code and 1 TAC Chapter 5 for applicable procurement laws and procedures.
f) Rental units secured through VRA must be inspected prior to occupancy and must comply with the Housing Quality Standards in 24 CFR §982.401.
g) Awarded organizations must ensure that the demolition and removal of all dilapidated units on the lot occurs prior to the Household's occupancy of the Newly Constructed or Rehabilitated housing unit.
h) Awarded organizations must ensure and verify that each building construction contractor performing activities in the amount of $10,000 or more under the Contract is registered and maintains good standing with the Texas Residential Construction Commission in accordance with Chapters 401 and 416 of the Texas Property Code.
i) Awarded organizations must ensure and verify that each housing unit being rehabilitated in the amount of $10,000 or more under the Contract is registered with the Texas Residential Construction Commission in accordance with §426.003 of the Texas Property Code.
j) Awarded organizations must provide building construction contractor oversight and ensure builder's risk coverage is provided.
k) Awarded organizations must ensure that the demolition of any housing unit does not occur less than six (6) months prior to the Contract end date.
l) Awarded organizations must ensure a Certificate of Construction Completion must be submitted to the Department upon completion of construction-related activities.
7) Affirmative Marketing Program Requirements.
a) Recipients of Housing Trust Funds must adopt affirmative marketing policies and procedures in furtherance of Texas' commitment to non-discrimination and equal opportunity in housing Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status or disability.
b) The affirmative marketing requirements and procedures adopted must include:
i) Methods for informing the public, owners, and potential tenants about Federal Fair Housing Laws and the awarded applicant's affirmative marketing policy (e.g., the use of the Equal Housing Opportunity logotype or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups);
ii) Requirements and practices each awarded applicants must adhere to in order to carry out the Department's affirmative marketing procedures and requirements (e.g., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster);
iii) Procedures to be used by awarded applicants to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, places of worship, employment centers, fair housing groups, or housing counseling agencies);
iv) Records that will be kept describing actions taken by the awarded applicants and by owners to affirmatively market units and records to assess the results of these actions; and
v) A description of how the awarded applicants will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met.
8) Conflict of Interest.
a) In the procurement of property and services by recipients of Housing Trust Funds, the conflict of interest provisions in 24 CFR §85.36 and §2306.5545, Texas Government Code, apply.
b) No persons who exercise or have exercised any functions or responsibilities with respect to activities assisted with HTF funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HTF-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds hereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.
c) The conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient which is receiving HTF funds.
9) Veterans Homebuyer Assistance (VHA) and Homebuyer Assistance with Rehabilitation (VHAR) Program Details.
a) Funds released under this NOFA can be allocated to administer a Veterans Homebuyer Assistance Program (VHA) and Veterans Housing Assistance with Rehabilitation (VHAR), including downpayment and closing cost assistance to eligible veteran homebuyers for the acquisition, or acquisition and rehabilitation, of affordable and accessible single family housing. Eligible veteran homebuyers must not have owned a home in the three (3) years prior to the receipt of assistance.
b) Eligible veteran homebuyers may receive loans up to $35,000 for down payment, closing costs and rehabilitation. A maximum of $15,000 of the $35,000 loan can be used for down payment and closing costs. The balance of the assistance can be used for needed accessibility modifications.
i) If the assisted household has an income that is less than 60% of the area median family income or if the head or co-head of the household is an income-qualified up to 80% AMFI disabled veteran, the assistance will be in the form of a 0% interest five (5) year deferred, forgivable loan creating a 2nd or 3rd lien.
ii) If the household income is below 80% of the AMFI, but more than 60% of the AMFI, then the homebuyer assistance will be in the form of a 0% interest ten (10) year deferred, forgivable loan creating a 2nd or 3rd lien.
c) The following first lien purchase loan requirements are imposed for households receiving Veteran Homebuyer Assistance:
i) No adjustable rate mortgage loans (ARMs) are allowed.
ii) No mortgages with a loan to value equal to or greater than 100% are allowed;
iii) No subprime mortgage loans are allowed;
iv) An origination fee and any other fee associated with the mortgage loan may not exceed 2% of the loan amount; and
v) The income ratio (back-end ratio) may not exceed 45%.
d) The contract term for the VHA and VHAR Program Activity shall not exceed twenty-four (24) months and performance under the contract will be evaluated according to the following benchmarks:
i) Six (6) months, 25% of funds must be committed;
ii) Twelve (12) months, 50% of funds must be committed, 25% of funds drawn;
iii) Eighteen (18) months, 75% of funds must be committed, 50% of funds drawn; and
iv) Twenty-four (24) months, 100% of funds must be committed and 100% of funds drawn.
10) VHA and VHAR Threshold Criteria.
The following threshold criteria listed in the subsection are mandatory requirements at the time of application submission unless specifically indicated otherwise and will be included in the written agreement, if awarded funds:
i) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least $35,000 to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short-term deficits that are paid by program funds. Evidence of this commitment and the amount must be included in the Applicant's resolution and budget.
ii) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment and the amount of cash reserves for use during the contract period, naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as childcare, nutrition programs, job training assistance, health services, or human services. The resolution must be signed and dated within the six months preceding the application deadline date.
iii) Description of Demand: It will be a threshold requirement to submit a narrative that describes in detail the demand evidenced for the proposed number of units to be assisted in the proposed service area. Source data, calculations and assumptions must be included.
iv) Homebuyer Counseling: It will be a threshold requirement for each applicant to submit the level of homebuyer counseling that will be provided. A minimum of eight (8) hours of homebuyer counseling must be provided. Evidence must include documentation describing the level of homebuyer counseling proposed, including post purchase counseling. Applicant must state who will provide the homebuyer counseling. A copy of the curriculum and a copy of the proposed written agreement for service provider (if the applicant is not providing the service) must also be provided.
11) Veterans Rental Assistance (VRA) Program Details.
a) Funds released under this NOFA can be allocated toward the Veterans Rental Assistance Program to provide eligible households rental subsidies, including security and utility deposits to tenants earning 80% or less of the Area Median Family Income (AMFI) as defined by HUD.
b) The contract term for VRA shall not exceed forty (40) months; however, individual household assistance is limited to thirty-six (36) months.
c) The Household must comply with the following initial eligibility requirements: participate in an approved self-sufficiency program; maintain principal residency in the rental unit for which the subsidy is being provided; be an income eligible household; reside in a rental unit that is located within the Administrator's Service Area; and meet all other eligibility requirements.
d) Through the VRA program, rental subsidy and security and utility deposit assistance is provided to tenants as a grant, in accordance with written tenant selection policies, for a period not to exceed thirty-six (36) months, which shall include among its objectives the securing of a permanent source of affordable housing on or before the expiration of the rental subsidy. Security deposits and utility deposits may be provided in conjunction with rental assistance. A security deposit cannot exceed two (2) months rent for the unit.
e) The rental standard must not exceed HUD's "Fair Market Rent for the Housing Choice Voucher Program." Rental units must be inspected prior to occupancy and annually by a qualified HQS inspector, and must comply with Housing Quality Standards established by HUD in 24 CFR §982.401.
f) The contract term for the VRA Program shall not exceed forty (40) months and performance under the contract will be evaluated according to the following benchmarks:
i) Six (6) months, application intake complete for 30% for Households to be assisted;
ii) Twelve (12) months, application intake complete for 75% for Households to be assisted;
iii) Eighteen (18) months, 100% of funds must be committed to Households to be assisted and 25% of funds drawn;
iv) Twenty-four (24) months, 100% of funds already committed and 35% of funds drawn;
v) Thirty-six (36) months, 100% of funds already committed and 50% of funds drawn; and
vi) Forty (40) months, 100% of funds already committed and 100% of funds drawn.
12) Veterans Rental Assistance (VRA) Threshold Criteria.
The following threshold criteria listed in the subsection are mandatory requirements at the time of application submission unless specifically indicated otherwise and will be included in the written agreement, if awarded funds:
i) Cash Reserve: Each awarded applicant will be required to expend funds according to program guidelines and request funds from the Department for eligible expenses. Every Applicant must evidence the ability to administer the program and commit adequate cash reserves of at least one month of rent for the number of households proposed to serve as stated in the application to facilitate administration of the program during the Department's disbursement process. Cash reserves are not permanently invested in the project but are used for short term deficits that are reimbursed by program funds. Evidence of this commitment and the amount must be included in the Applicant's resolution and budget.
ii) Resolution: All applications submitted must include an original resolution from the Applicant's direct governing body, authorizing the submission of the Application, commitment and amount of cash reserves for use during the contract period, naming of a person and the person's title authorized to represent the organization and signature authority to execute a contract. If an Applicant that is a nonprofit organization is requesting a waiver of the grant application fee, they must do so in the resolution, and must state that the nonprofit organization offers expanded services such as child care, nutrition programs, job training assistance, health services, or human services. The resolution must be signed and dated within the six months preceding the application deadline date.
iii) Description of Demand: It will be a threshold requirement to submit a narrative that describes in detail the demand evidenced for the proposed number of units to be assisted in the proposed service area. Source data, calculations and assumptions must be included.
iv) VRA Self Sufficiency Program: It will be a threshold requirement for each Applicant to submit a proposed detailed Self Sufficiency Plan and must describe the process for the transition of households to permanent housing by the end of the thirty-six (36) month rental assistance contract term. The documentation must describe the necessary components for the overall plan proposed for transition of potential tenants. This plan, like a case management plan, should detail the need of the tenant, how these needs will be addressed including any agreements with service providers who shall assist the tenant at meeting these needs, and a proposed timeframe for completing those activities. The plan must include:
A) A sample household budget which will utilize existing sources of income such as employment, disability payments and other types of support that details how the assisted household will afford to be self-sufficient by the end of the thirty-six (36) month rental assistance.
B) If additional income is required to attain self-sufficiency, a plan for attaining the required education or training, or a job search plan must be included.
C) Specific housing goals that will be completed on or before the end of the thirty-six (36) month assistance period include: finding permanently subsidized housing, affordable market housing or other permanent housing solutions. The plan should include the required steps such as completing an application, approximate waiting time to get into the type of housing desired and the cost of the housing to the tenant.
13) Application Review Process.
a) The application review process is described in 10 TAC §51.12.
b) Each application will be handled on a first-come, first-served basis as further described in this section. Each application will be assigned a "received date" based on the date and time it is physically received by the Department. Then each application will be reviewed on its own merits as applicable. Applications will continue to be prioritized for funding based on their "received date." Applications will be reviewed for applicant and activity eligibility, and threshold criteria as described in this NOFA.
c) All Applicants will be processed through the Department's Application Evaluation System, and will include a previous award and past performance evaluation. Poor past performance may disqualify an Applicant for a funding recommendation or the recommendation may include conditions.
d) Applicants Must Meet or Exceed Threshold Criteria.
i) The Department will ensure review of materials required under the NOFA and Application Guide and will issue a notice of any Administrative Deficiencies within forty-five (45) days of the received date. Applications with Administrative Deficiencies not cured within five (5) business days, will be terminated and must reapply for consideration of funds. Applications that have completed this Phase will be reviewed for recommendation to the Board.
ii) If a submitted Application has an entire Volume of the application missing; has excessive omissions of documentation from the Threshold Criteria or Uniform Application documentation; or is so unclear, disjointed or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department, will be terminated without being processed as an Administrative Deficiency.
e) Because Applications are processed in the order they are received by the Department, it is possible that the Department will expend all available HTF funds before an Application has been completely reviewed. If on the date an Application is received by the Department, no funds are available under this NOFA, the Applicant will be notified that no funds exist under the NOFA and the Application will not be processed.
f) The Department may decline to consider any Application if the proposed activities do not, in the Department's sole determination, represent a prudent use of the Department's funds. The Department is not obligated to proceed with any action pertaining to any Applications that are received, and may decide it is in the Department's best interest to refrain from pursuing any selection process. The Department reserves the right to negotiate individual elements of any Application.
g) Funding recommendations of eligible Applicants will be presented to the Department's Governing Board of Directors based on eligibility and limited by the total amount of funds available under this NOFA and the maximum award amount.
14) Appeals and Dispute Resolutions.
a) It is the Department's policy to encourage the use of appropriate alternative dispute resolution procedures ("ADR") under the Governmental Dispute Resolution Act, Chapter 2009, Texas Government Code, to assist in resolving disputes under the Department's jurisdiction. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by the Department's ex parte communications policy, the Department encourages informal communications between Department staff and Applicants, and other interested persons, to exchange information and informally resolve disputes. The Department also has administrative appeals processes to fairly and expeditiously resolve disputes. If at anytime an Applicant or other person would like to engage the Department in an ADR procedure, the person may send a proposal to the Department's Dispute Resolution Coordinator.
b) For additional information on the Department's ADR Policy, see the Department's General Administrative Rule on ADR at 10 TAC Chapter 1, Subchapter A, §1.17 and §2306.082, Texas Government Code.
c) An Applicant may appeal decisions made by staff in accordance with 10 TAC Chapter 1, Subchapter A, §1.7.
15) Application Submission.
a) All applications submitted under this NOFA must be received on or before 5:00 p.m. on Friday, May 1, 2009, regardless of method of delivery.
b) The Department will accept applications from 8:00 a.m. to 5:00 p.m. each business day, excluding federal and state holidays from the date this NOFA is published on the Department's website until the deadline. Question regarding this NOFA should be addressed to:
Texas Department of Housing and Community Affairs
Attention: Housing Trust Fund Program Administrator
HOME and Housing Trust Fund Programs Division
221 E. 11th Street
Austin, Texas 78701
Telephone: (512) 463-8921
E-mail: HTF@tdhca.state.tx.us
c) All applications must be submitted, and provide all documentation, as described in this NOFA and associated application materials.
d) Applicants must submit one complete printed copy of all Application materials and one complete scanned copy of the Application materials provided on compact disc (CD-ROM or DVD-ROM).
e) All Application materials including manuals, NOFA, program guidelines, and all applicable HTF rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the Housing Trust Fund Program Rule and threshold requirements in effect at the time of the Application submission. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.
f) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $30 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. Section 2306.147(b), Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee. The Application fee is not an allowable or reimbursable cost under the Veterans Housing Support Program.
g) Application Workshop: the Department will present application workshops in locations throughout the State which will provide an overview of the Veterans Housing Support Program Activities eligible under this NOFA and will also provide Application preparation and submission requirements, evaluation criteria, and state and federal program information. The Application workshop schedule and registration will be posted on the Department's website at www.tdhca.state.tx.us.
h) Audit Requirements: An applicant is not eligible to apply for funds or any other assistance from the Department unless a past audit or Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b). This is a threshold requirement outlined in the application, therefore applications that have outstanding past audits will be disqualified. Staff will not recommend applications for funding to the Department's Governing Board unless all unresolved audit findings, questions or disallowed costs are resolved per 10 TAC §1.3(c).
i) Applications must be sent via overnight delivery to:
Texas Department of Housing and Community Affairs
HOME and Housing Trust Fund Programs Division
Attention: Housing Trust Fund Program Administrator
221 East 11th Street
Austin, Texas 78701-2410
or via the U.S. Postal Service to:
Texas Department of Housing and Community Affairs
HOME and Housing Trust Fund Programs Division
Attention: Housing Trust Fund, Program Administrator
Post Office Box 13941
Austin, Texas 78711-3941
NOTE: This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular Housing Trust Fund Program. For proper completion of the application, the Department strongly encourages potential applicants to review all applicable regulations.
TRD-200900063
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 7, 2009
Instant Game Number 1114 "$500,000,000 Blockbuster"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1114 is "$500,000,000 BLOCKBUSTER". The play style is "key number match with win all".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1114 shall be $20.00 per ticket.
1.2 Definitions in Instant Game No. 1114.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, STAR SYMBOL, CHIP SYMBOL, $5.00, $10.00, $20.00, $25.00, $30.00, $40.00, $50.00, $100, $200, $500, $1,000, $10,000, $25,000, $ONE MILL and $2.5 MILL.
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. 1114 - 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 $20.00.
G. Mid-Tier Prize - A prize of $25.00, $30.00, $50.00, $100, $200 or $500.
H. High-Tier Prize - A prize of $1,000, $10,000, $25,000, $1,000,000 or $2,500,000.
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 (1114), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 025 within each pack. The format will be: 1114-0000001-001.
K. Pack - A pack of "$500,000,000 BLOCKBUSTER" Instant Game tickets contains 025 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 025 while the other fold will show the back of ticket 001 and front of 025.
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 "$500,000,000 BLOCKBUSTER" Instant Game No. 1114 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 "$500,000,000 BLOCKBUSTER" Instant Game is determined once the latex on the ticket is scratched off to expose 44 (forty-four) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins PRIZE shown for that number. If a player reveals a "star" play symbol, the player wins 5 TIMES the PRIZE shown for that symbol. If a player reveals a "chip" play symbol, the player wins all 20 PRIZES 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 44 (forty-four) 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 44 (forty-four) 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 44 (forty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 44 (forty-four) 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" (5 times multiplier) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. The "CHIP" (win all) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
D. When the "CHIP" (win all) play symbol appears, there will be no occurrence of any YOUR NUMBERS play symbols matching any WINNING NUMBERS play symbols.
E. No more than three matching non-winning prize symbols on a ticket.
F. No duplicate WINNING NUMBERS play symbols on a ticket.
G. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
H. Non-winning prize symbols will never be the same as the winning prize symbol(s).
I. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 20 and $20).
J. The $5 and $10 prize symbols will only appear when they are used to create a win on winning tickets.
K. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "$500,000,000 BLOCKBUSTER" Instant Game prize of $20.00, $25.00, $30.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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 $25.00, $30.00, $50.00, $100, $200 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$500,000,000 BLOCKBUSTER" Instant Game prize of $1,000, $10,000, $25,000 or $1,000,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. To claim a "$500,000,000 BLOCKBUSTER" top level prize of $2,500,000, the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. As an alternative method of claiming a "$500,000,000 BLOCKBUSTER" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
E. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
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 "$500,000,000 BLOCKBUSTER" 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 "$500,000,000 BLOCKBUSTER" 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 33,600,000 tickets in the Instant Game No. 1114. 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. 1114 without advance notice, at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1114, 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-200900029
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 5, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1154 is "FAST BUCKS". The play style is "key number match with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1154 shall be $3.00 per ticket.
1.2 Definitions in Instant Game No. 1154.
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, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 3X SYMBOL, $3.00, $6.00, $9.00, $10.00, $15.00, $18.00, $24.00, $30.00, $60.00, $90.00, $300, $3,000 and $30,000.
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. 1154 - 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 $3.00, $6.00, $9.00, $15.00, $18.00 or $24.00.
G. Mid-Tier Prize - A prize of $30.00, $60.00, $90.00 or $300.
H. High-Tier Prize - A prize of $3,000 or $30,000.
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 (1154), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 0125 within each pack. The format will be: 1154-0000001-001.
K. Pack - A pack of "FAST BUCKS" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be 2 fanfold configurations for this game. Configuration A will show the front of ticket 001 and the back of ticket 125. Configuration B will show the back of ticket 001 and the front of ticket 125.
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 "FAST BUCKS" Instant Game No. 1154 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 "FAST BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose 35 (thirty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins PRIZE shown for that number. If a 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 35 (thirty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 35 (thirty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 35 (thirty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 35 (thirty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. No more than four (4) matching non-winning prize symbols will appear on a ticket.
C. The "3X" (tripler) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
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. 10 and $10).
H. The top prize symbol will appear on every ticket unless otherwise restricted.
I. The top prizes will be approximately evenly distributed throughout the delivered game.
2.3 Procedure for Claiming Prizes.
A. To claim a "FAST BUCKS" Instant Game prize of $3.00, $6.00, $9.00, $15.00, $18.00, $24.00, $30.00, $60.00, $90.00 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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, $90.00 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "FAST BUCKS" Instant Game prize of $3,000 or $30,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "FAST BUCKS" 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 "FAST BUCKS" 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 "FAST BUCKS" 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 6,000,000 tickets in the Instant Game No. 1154. 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. 1154 without advance notice, at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1154, 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-200900030
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 5, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1178 is "TAKE 5". The play style is "add up with tripler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1178 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1178.
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, 6, 7, 8, 9, 5, STAR SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000 and $50,000.
D. Play Symbol CaptionvThe 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. 1178 - 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 (1178), 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: 1178-0000001-001.
K. Pack - A pack of "TAKE 5" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
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 "TAKE 5" Instant Game No. 1178 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 "TAKE 5" Instant Game is determined once the latex on the ticket is scratched off to expose 48 (forty-eight) Play Symbols. If a player reveals a "5" play symbol within a GAME, the player wins the PRIZE shown for that game. If a player reveals three "5" play symbols within a GAME, the player wins TRIPLE the PRIZE shown for that game. If a player reveals a "STAR" play symbol, the player WINS ALL 12 PRIZES 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 48 (forty-eight) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 48 (forty-eight) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 48 (forty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 48 (forty eight) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. No more than two (2) matching non-winning prize symbols will appear on a ticket.
C. No duplicate non-winning GAMES in the same order.
D. Only one "5" (win) play symbol will appear within a winning game that is not designated as a triple win or win all.
E. No GAME will contain only two "5" play symbols.
F. Three "5" symbol (tripler) will always appear in a single game on intended winning tickets where the prizes are tripled as dictated by the prize structure.
G. The "STAR" (win all) play symbol will never appear on a ticket that contains a "5" (win) or a "5" (tripler) play symbol.
H. The "STAR" (win all) play symbol will only appear on intended winning tickets as dictated by the prize structure.
I. Non-winning prize symbols will never be the same as the winning prize symbol(s).
J. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "TAKE 5" 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 "TAKE 5" 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 "TAKE 5" 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 "TAKE 5" 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 "TAKE 5" 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 6,000,000 tickets in the Instant Game No. 1178. 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. 1178 without advance notice, at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1178, 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-200900031
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 5, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1180 is "BLACKJACK SHOWDOWN". The play style is "poker".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1180 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1180.
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: 16, 17, 18, 19, 20, BUSTS 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, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000 and $50,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1180 - 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 20 (twenty) digit number consisting of the four (4) digit game number (1180), 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: 1180-0000001-001.
K. Pack - A pack of "BLACKJACK SHOWDOWN" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
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 "BLACKJACK SHOWDOWN" Instant Game No. 1180 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 "BLACKJACK SHOWDOWN" Instant Game is determined once the latex on the ticket is scratched off to expose 48 (forty-eight) Play Symbols. For each TABLE: If the total of the cards within a HAND is higher than the DEALER'S HAND, the player wins the PRIZE shown for that hand. If the player reveals a BlackJack (21), the player wins DOUBLE the PRIZE shown for that hand. If the DEALER "Busts", the player wins all 5 PRIZES for that TABLE. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 48 (forty-eight) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 48 (forty-eight) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 48 (forty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 48 (forty-eight) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. No more than three (3) matching non-winning prize symbols will appear on a ticket.
C. Non-winning prize symbols will never be the same as the winning prize symbol(s).
D. No duplicate non-winning prize symbols within a TABLE.
E. No duplicate TABLES on a ticket.
F. The top prize symbol will appear on every ticket unless otherwise restricted.
G. No duplicate non-winning HANDS in the same order on a TABLE.
H. No HAND will contain two aces.
I. There will be no ties between the DEALER'S HAND total and any HAND's total on the same TABLE.
J. The "BUST" (win all) play symbol will only appear as dictated by the prize structure.
K. When the "BUST" (win all) play symbol appears, there will be no occurrence of any HAND's total on the same TABLE being "21" (doubler).
L. A HAND will total "21" (doubler) only as dictated by the prize structure.
M. HANDS 1-5 will never total less than 14.
2.3 Procedure for Claiming Prizes.
A. To claim a "BLACKJACK SHOWDOWN" 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 "BLACKJACK SHOWDOWN" 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 "BLACKJACK SHOWDOWN" 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 "BLACKJACK SHOWDOWN" 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 "BLACKJACK SHOWDOWN" 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 5,040,000 tickets in the Instant Game No. 1180. 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. 1180 without advance notice, at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1180, 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-200900032
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 5, 2009
Amended Notice of Application for Designation as an Eligible Telecommunications Carrier
Notice is given to the public of an application filed with the Public Utility Commission of Texas on November 3, 2008, and amended on December 10, 2008, for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.
Docket Title and Number: Application of New Cingular Wireless PCS, LLC for Designation as an Eligible Telecommunications Carrier (ETC) in Lieu of Dobson Cellular Systems, Inc. Pursuant to 47 U.S.C. §214(e) and P.U.C. Substantive Rule §26.418. Docket Number 36346.
The Application: New Cingular Wireless PCS, LLC (AT&T Mobility) is requesting ETC designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e), the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs for service areas set forth by the commission. AT&T Mobility seeks ETC designation in the non-rural exchanges served by Verizon and AT&T Texas and the entire study areas of four rural incumbent local exchange carriers, Colorado Valley Telephone Cooperative, Inc., Comanche County Telephone Company, Inc., Ganado Telephone Company, Inc., and Industry Telephone Company.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by January 14, 2009. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 36346.
TRD-200900046
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2009
The Public Utility Commission of Texas received an application on December 29, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Comcast of Houston, LLC for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36540 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the municipalities of Hillcrest Village, Lake Jackson, and Clute, Texas, including any future annexations.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 36540.
TRD-200900044
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2009
The Public Utility Commission of Texas received an application on December 29, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable San Antonio, L.P. for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36541 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the municipalities of Terrell Hills and Floresville, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 36541.
TRD-200900045
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 6, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 31, 2008, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Ambit Texas LLC for Retail Electric Provider (REP) Certification, Docket Number 36551 before the Public Utility Commission of Texas.
Applicant's requested service area is unspecified in its application.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than January 23, 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 36551.
TRD-200900056
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 7, 2009
Notice is given to the public of the filing on December 23, 2008, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215. The Applicant will file the LRIC study on or after January 3, 2009.
Docket Title and Number: Application of Verizon Southwest, Inc. for Approval of LRIC Study for Transparent LAN Service (Premier) 10G Pursuant to P.U.C. Substantive Rule §26.215, Docket Number 36531.
Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 36531. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 36531.
TRD-200806719
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: December 29, 2008
The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to conduct the Traffic Signal Re-timing Study IV.
A copy of the Request for Proposals (RFP) may be requested by downloading the RFP and attachments from the MPO's website at www.sametroplan.org or calling Jeanne Geiger, Deputy Director, at (210) 227-8651. Anyone wishing to submit a proposal must do so by 12:00 p.m. (CST), Friday, February 6, 2009 at the MPO office:
Isidro "Sid" Martinez
Director
San Antonio-Bexar County Metropolitan Planning Organization
825 South Saint Mary's
San Antonio, Texas 78205
The contract award will be made by the MPO's Transportation Policy Board based on the recommendation of the project's oversight committee. The Traffic Signal Re-timing Study IV oversight committee will review the proposals based on the evaluation criteria listed in the RFP.
Funding for this study, in the amount of $497,500, is contingent upon the availability of Federal transportation planning funds.
TRD-200900027
Jeanne Geiger
Deputy Director
San Antonio-Bexar County Metropolitan Planning Organization
Filed: January 5, 2009
Request for Proposals (RFP): RFP01 FPC-09-005
This advertisement is a revised posting. There is a new due date and additional information regarding this opportunity.
The Texas A&M University System is seeking proposals from interested Proposers to provide asbestos consulting services in conjunction with the renovation of the Memorial Student Center on the campus of Texas A&M University located in College Station, Texas.
The RFP documentation may be obtained by contacting: Don Barwick, HUB and Procurement Manager, System Office of HUB and Procurement Programs, The Texas A&M University System, 200 Technology Way, Ste 1273, College Station, Texas 77845 or e-mail at dbarwick@tamu.edu.
The A&M System finds it of utmost importance to plan and monitor the removal of any Asbestos Containing Building Materials found in the Texas A&M University's Memorial Student Center.
The A&M System will base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
Proposals must be received on or before 2:00 p.m. CDT on January 30, 2009.
TRD-200900050
Don Barwick
HUB and Procurement Manager
The Texas A&M University System
Filed: January 7, 2009
Tarleton State University
In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, Tarleton State University furnishes this notice of consultant contract award. A notice for request for proposals was published in the October 24, 2008, issue of the Texas Register (33 TexReg 8837).
1) A description of the activities that the consultant will conduct:
Perform an institutional review for the Office of the President. Minimum service requirement involve conducting an objective assessment (institutional review) of the general condition of Tarleton State University to include, but not be limited to, the following:
Providing a list of background materials needed (which may consist of the company's standard template of requested materials).
Providing a team of three or four "experts" in the field of higher education that would conduct the institutional review. It is preferred that at least one of these experts has some working knowledge of Texas public higher education. Each team member's list of qualifications must accompany the proposal response.
Coordinating dates for the campus visit with the President's Office staff, which will include visits with various constituents at the main campus and off-campus location (i.e. Fort Worth, Thurber, Granbury, Waco, and Killeen).
Providing a preliminary interview schedule to the President's Office for review and comments.
Review and assessing campus specific areas that include: (1) academic programs; (2) technology; (3) faculty; (4) students; (5) administration; (6) budget and finance; (7) intercollegiate athletics and auxiliary services; (8) senior officers; (9) private support and outside grants; (10) public relations (including fundraising and alumni relations); (11) institutional governance; and (12) other issues and conditions presented during the course of the view. Particular emphasis will be given to institutional advancement (including alumni and public relations), general organizational structure (with a particular focus on research and enrollment management), financial aid and scholarships, continuing education, and academic programs with the best opportunities for growth.
Identifying opportunities for operational improvements.
Providing regular updates to the President's Cabinet.
Reviewing specific findings and recommendations with the President's Cabinet and provide a draft document to the Cabinet for clarification.
Completing the review and final report within 45 days of campus visit.
Providing a final document to President Dottavio.
2) The name and business address of the consultant:
MGT of America Inc.
P.O. Box 16399
Tallahassee, Florida 32317-6399
3) The total value and the beginning and ending dates of the contract:
Value: $49,450.00
Contract dates: The Agreement shall commence on December 8, 2008 and shall terminate on February 16, 2009.
4) The dates on which documents, films, recordings, or reports that the consultant is required to present to the agency are due.
Tarleton reserves the right to request that Consultant submit documents, films, recordings, or reports at any time during the term of this Agreement. Any such documents, films, recordings, or reports compiled by Consultant under this Agreement, if any, shall be submitted no later than February 16, 2009.
TRD-200900062
Vickie Burt Spillers
Executive Secretary to the Board
The Texas A&M University System
Filed: January 7, 2009
Request for Proposals (RFP): RFP01 VCR-9-007
This advertisement is a revised posting. There is a new due date.
The Texas A&M University System is accepting proposals and intends to enter into an Agreement with a consultant to Perform the duties of assisting with coordination of the development of the Good Manufacturing Practices (GMP) facility and related programs and potential industry partners with the Texas A&M University System.
The RFP documentation may be obtained by contacting: Don Barwick, HUB and Procurement Manager, System Office of HUB and Procurement Programs, The Texas A&M University System, 200 Technology Way, Ste 1273, College Station, Texas 77845 or e-mail at dbarwick@tamu.edu.
The A&M System finds it of utmost importance to provide direction for the development and implementation of a national communications campaign to proactively promote critical research and academic projects to key stake holders in federal agencies as well as potential partners in industry and academia.
The A&M System will base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
Proposals must be received on or before 2:00 p.m. CDT on January 20, 2009.
TRD-200900047
Don Barwick
HUB and Procurement Manager
The Texas A&M University System
Filed: January 6, 2009
Invitation for Consultant Services Proposals
Request for Proposals (RFP) for Consultant/Consulting Firm to Provide Consulting Services Related to Establishing an Effective Center for Research Commercialization Pursuant to the provisions of Texas Government Code, Chapter 2254, Texas State University-San Marcos extends this invitation to a qualified and suitably experienced consultant/consulting firm to assist in the planning and structuring of an effective Center for Research Commercialization at Texas State University-San Marcos.
Scope of Work:
The selected consultant/consulting firm will serve as an advisor to Texas State University-San Marcos in establishing a center for research commercialization. Tasks to be addressed must include (but not limited to):
* Develop the structure and functions of the Center for Research Commercialization;
* Review of faculty and staff and recommend focus into areas of promising commercialization (in conjunction with new superior talent searches);
* Identification of promising innovations for initial commercialization targets with near term results using technology from both inside and outside of Texas State;
* Start towards one or more near-term revenue opportunities such as subcontracts with industry;
* Identify likely funding sources from federal agencies, independent programs, grants, and industry;
* Assist in the pursuit of funds from targeted sources using relationships to increase success rate and accelerate results; and
* Develop IP partnerships with research institutions in selected Tech market sectors with goal of early success opportunity.
Minimum Specifications:
(1) The consultant's legal name, including type of entity (individual, partnership, corporation, etc.) and address;
(2) Background information regarding the consultant, including the number of years in business and the number of employees;
(3) Information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services;
(4) The earliest date by which the consultant/consulting firm could begin providing the services;
(5) A list of five client references, including any complex institutions or systems of higher education for which the consultant/consulting firm has provided similar consulting services;
(6) A statement of the consultant/consulting firm's approach to providing the services described in this Invitation, any unique benefits the consultant/consulting firm offers Texas State University-San Marcos, and any other information the consultant/consulting firm desires Texas State University-San Marcos to consider in connection with the consultant/consulting firm's offer;
(7) Information to assist Texas State University-San Marcos in assessing whether the consultant/consulting firm will have any conflicts of interest in performing the requested services;
(8) Information to assist Texas State University-San Marcos in assessing the overall cost to Texas State University-San Marcos for the requested services to be performed; and
(9) Information to assist Texas State University-San Marcos in assessing the consultant/consulting firm's capability and financial resources to perform the requested services.
Selection Process:
The consulting services sought herein have not been requested previously.
The award for services, if made, will be based on "best value" criteria by the process indicated in the RFP. The University will (1) base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services.
How to Respond; Submittal Deadline:
To respond to this Invitation, consultants/consulting firms must contact Texas State, as indicated below, to request a solicitation package and submit the information requested in the Specifications section of this RFP and any other relevant information, in a clear and concise written format to:
Texas State University-San Marcos
Attn: Dr. Terry Golding, Director
Center for Research Commercialization
601 University Dr., RF Mitte Bldg., RFM # 3209
San Marcos, Texas 78666
Proposals must be submitted in an envelope or other appropriate container clearly stating RFP number 09-0001 CRC "Establishing an Effective Center for Research Commercialization".
All proposals must be received at the above address no later than 3:30 p.m. CST Tuesday, February 17, 2009 (submittal deadline). Submissions received after the submittal deadline will not be considered.
Questions concerning this Invitation or the RFP should be directed in writing via fax or e-mail to:
Dr. Terry Golding
Tg17@txstate.edu and cc: cl23@txstate.edu
(512) 245-3675 fax
Texas State University-San Marcos may in its sole discretion respond in writing to questions concerning this Invitation. Only Texas State University-San Marcos responses made by formal written addenda to the RFP shall be binding. Oral or other written interpretations or clarifications shall be without legal effect.
TRD-200900034
Robert C. Moerke
Director, Contract Compliance
Texas State University-San Marcos
Filed: January 5, 2009
Request for Proposals - Traffic Safety Program
In accordance with 43 TAC §25.901, et seq., the Texas Department of Transportation (department) is requesting project proposals to support the goals and strategies of a traffic safety program to reduce the number of motor vehicle related crashes, injuries and fatalities in Texas. These goals and strategies form the basis for the Fiscal Year 2010 (FY10) Highway Safety Performance Plan (HSPP).
The authority and responsibility of the traffic safety grant program derives from the National Highway Safety Act of 1966 (23 U.S.C. §401, et seq.), and the Texas Traffic Safety Act of 1967 (Transportation Code, Chapter 723). Traffic Safety is an integral part of the Texas Department of Transportation and works through the department's 25 districts for local projects. The program is administered at the state level by the department's Traffic Operations Division. The executive director of the department is the designated Governor's Highway Safety Representative.
The following are the fiscal year 2010 HSPP Program Areas for which projects may be submitted: Planning and Administration; Alcohol and Other Drug Countermeasures; Emergency Medical Services; Motorcycle Safety; Occupant Protection; Pedestrian/Bicycle Safety; Police Traffic Services; Speed Control; Traffic Records; Driver Education and Behavior; Railroad/Highway Crossing; Roadway Safety; Safe Communities; and School Bus. Eligible organizations are state and local governments, educational institutions, and non-profit organizations.
The Request for Proposals for Fiscal Year 2010, as well as the on-line eGrants proposal application system, is available on the department website at the following location:
https://www.txdot.gov/apps/egrants/eGrantsResources/rfp.html
Proposals for fiscal year 2010 must be completed using the eGrants system. New eGrants users will need to submit a request for access to the system through the New User link on the eGrants webpage.
Video conference training on submitting proposals through eGrants will be offered at various department district office locations across the state, as well as the Austin headquarters (Texas Department of Transportation, 200 East Riverside Drive, Room A), on January 23, 2009 from 9:00 a.m. - 4:00 p.m. and on February 4, 2009 from 9:00 a.m. - 4:00 p.m. Please contact the department Traffic Safety Specialist in your area or send a note to eGrants@dot.state.tx.us to learn about locations near you.
Proposals submitted using the eGrants system must be submitted no later than 5:00 p.m., Central Standard Time, February 20, 2009. The eGrants system will not allow proposal submission after this date and time.
If you have questions about the Request for Proposal (RFP) please contact:
TRF_RFP2010@dot.state.tx.us.
TRD-200900057
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: January 7, 2009