Texas State Affordable Housing Corporation
Notice of the Implementation of a 2009 Qualified Mortgage Credit Certificate Program
The Texas State Affordable Housing Corporation (the "Corporation"), a nonprofit corporation organized under the laws of the State of Texas (the "Program Area"), is implementing a qualified mortgage credit certificate program (the "Program") within the Program Area to assist eligible purchasers. A Mortgage Credit Certificate ("MCC") is an instrument designed to assist persons better afford home ownership. The MCC Program allows first-time homebuyers an annual federal income tax credit equal to the lesser of $2,000 or the credit rate for the MCC multiplied by the amount of interest paid by the holder on a home mortgage loan during each year that they occupy the home as their principal residence.
An eligible purchaser of a residence located within a Program Area may apply to the Corporation for an MCC through a participating lender of his or her choice at the time of purchasing a principal residence and obtaining a mortgage loan from a participating lender. To be an eligible purchaser to receive an MCC, a purchaser must meet the following criteria:
(1) Be one of the following:
(a) A household whose annual income does not exceed 80% Area Median Family Income (AMFI); or
(b) A full-time Texas classroom teacher, teacher's aide, school librarian, school nurse, school counselor, or an allied health or nursing faculty member; or
(c) A full-time paid fire fighter, peace officer, corrections officer, juvenile corrections officer, county jailer, EMS personnel, or public security officer, working in the State of Texas.
(2) The applicant for the MCC cannot have had an ownership interest in his or her principal residence during the three-year period ending on the date the mortgage loan is obtained.
(3) The applicant must intend to occupy the residence with respect to which the MCC is obtained as his or her principal residence within 60 days after the MCC is issued. The MCC issued to an applicant will be revoked if the residence to which the MCC relates ceases to be occupied by the applicant as his or her principal residence.
(4) The MCC cannot be issued to an applicant in conjunction with the replacement or refinancing of an existing mortgage loan. The MCC can, however, be obtained in conjunction with the replacement of a construction period or bridge loan having a term of less than 24 months.
(5) Federal law imposes limitations on the purchase price of homes financed under the program. The current maximum purchase price for a one-family home in a non-targeted area is $237,031 and for a one-family home in a targeted area is $289,705. These limitations are periodically adjusted. Two-family, three-family and four-family residences are also eligible, provided that one of the units will be occupied by the mortgagor as his or her principal residence and that the residence was first occupied for residential purposes at least five years prior to the closing of the mortgage. The cost of the residence must not exceed the maximum purchase price limits. The purchase price limitation does not apply to qualified home improvement loans. There are special rules that apply to qualified rehabilitation loans.
(6) Additionally, an applicant's current annualized family income may not exceed 80% of the AMFI if the eligible purchaser is a purchaser listed under (1)(a) above or the greater of 115% of the AMFI adjusted for family size or the maximum amount permitted by Section 143(f) of the Internal Revenue Code of 1986 if the purchaser is a purchaser listed under (1)(b) or (1)(c) above. Visit www.tsahc.org to view the maximum incomes allowed.
Anyone receiving an MCC and selling his or her residence within nine years of the issuance of the MCC may be required to return all or a portion of the tax credit received in connection therewith to the Internal Revenue Service.
To defray the costs of implementing the Program, the Corporation will charge applicants a $100 application fee, a $250 closing package review fee, plus an MCC issuance fee equal to one percent of the amount of such person's loan.
The Corporation strongly encourages anyone who believes that he or she qualifies for an MCC to apply at the offices of a participating lender. For more information regarding the Program and its restrictions, including a list of current participating lenders, please contact the Paige McGilloway, Single Family Programs Manager, at (888) 638-3555 or by email at pmcgilloway@tsahc.org.
TRD-200900235
David Long
President
Texas State Affordable Housing Corporation
Filed: January 20, 2009
Notice of Amendment and Extension to a Major Consulting Contract
The Office of the Attorney General of Texas (OAG) announces the amendment and extension of contract #08-C0074 with Deloitte Consulting, LLP, an entity with a principal place of business at 400 West 15th Street, Suite 1700, Austin, Texas 78701. Under the amended and extended contract, the contractor will provide "Development and Continuity Assurance" by creating detailed project plans and requirements for the OAG approved projects, as well as the continuity necessary from the previous contract terms to enable the OAG to achieve its vision. The contractor will also establish the technical and procedural infrastructure necessary to implement the approved recommendations.
The total value of the contract amendment will not exceed $7,318,325. The contract has been extended to August 31, 2009, unless extended or terminated sooner by the OAG. The contractor must complete and submit all deliverables under the contract to the OAG by August 31, 2009. The contract includes an OAG option for up to a four calendar month extension that can be exercised at OAG's sole discretion.
For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.
TRD-200900264
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: January 21, 2009
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/26/09 - 02/01/09 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 01/26/09 - 02/01/09 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 02/01/09 - 02/28/09 is 5.00% for Consumer/Agricultural/Commercial/credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 02/01/09 - 02/28/09 is 5.00% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200900244
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 21, 2009
Application to Amend Articles of Incorporation
Notice is given that the following application has been filed with the Credit Union Department and is under consideration:
An application for a name change was received from Corpus Christi City Employees Credit Union, Corpus Christi, Texas. The credit union is proposing to change its name to Corpus Christi Community Credit Union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200900237
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 21, 2009
Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration:
An application was received from First Service Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of Rodriguez Chavez Corporation dba RCH Industries who work in or are paid from Houston, Texas, to be eligible for membership in the credit union.
An application was received from Associated Credit Union of Texas, Deer Park, Texas to expand its field of membership. The proposal would permit persons who work or reside within a 10-mile radius of the following ACUTX branch location: 3550 Spencer Highway, Pasadena, TX 77505, to be eligible for membership in the credit union.
An application was received from Pioneer Muslim Credit Union, Houston, Texas to amend its field of membership. The proposal would permit any Ismaili Muslim who can demonstrate heritage as a Momin originating in Sidhpur, Gujarat, India, and its surrounding areas, and is a member of the Shia Imami Ismaili Muslims Jamatkhana in Houston, Texas or who lives, works, worships or attends school within ten (10) miles of the credit union office at 5555 North Lamar, Austin, Texas 78751, including all other members who are not a Momin as of the date of this amendment; any business or organization whose owners or employees are within this field of membership; and members of the family of such persons as specified by the Board of Directors in written policy, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200900238
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 21, 2009
In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following application:
Application to Expand Field of Membership--Approved
Auto Parts Employees Credit Union, Fort Worth, Texas--See Texas Register issue dated October 31, 2008.
TRD-200900236
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 21, 2009
Request for Applications Concerning Texas 21st Century Community Learning Centers, Cycle 6, Year 1, Grant Application
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-09-103 from local educational agencies (LEAs), including public school districts, open-enrollment charter schools, and regional education service centers; community-based organizations (CBOs); and other public or private entities, nonprofit or for profit, or a consortium of two or more agencies, organizations, or entities to establish or expand community learning centers. Examples of agencies and organizations eligible under the Texas 21st Century Community Learning Centers Grant Program include, but are not limited to, nonprofit agencies, city or county government agencies, faith-based organizations, institutions of higher education, and for-profit corporations. A shared services arrangement (SSA) of two or more LEAs is also eligible to apply.
Description. The purpose of the Texas 21st Century Community Learning Centers Grant Program, Cycle 6, Year 1, is to provide opportunities beyond the normal school day for communities to establish or expand activities in community learning centers that (1) provide opportunities for academic enrichment, including providing tutorial services to help children, particularly students who attend low-performing schools, meet state and local student academic achievement standards in core academic subjects such as reading and mathematics; (2) offer students a broad array of additional services, programs, and activities such as youth development activities; drug and violence prevention programs; counseling programs; art, music, and physical education and fitness programs; and technology education programs that are designed to reinforce and complement the regular academic program of participating students; and (3) offer families of students served by community learning centers opportunities for literacy and related educational development. Program services must be offered only when schools are not in session (before or after school, during holidays, or during summer recess). The program must be carried out in active collaboration with the schools the students attend. Applications must provide for partnerships between an LEA, a CBO, and other public or private organizations, if appropriate.
Dates of Project. The Texas 21st Century Community Learning Centers Grant Program, Cycle 6, Year 1, will be implemented during the 2009-2010 school year. Applicants should plan for a starting date of no earlier than August 1, 2009, and an ending date of no later than July 31, 2010.
Project Amount. Funding will be provided for approximately 25-30 projects. Each project will receive a maximum of $200,000 for the 2009-2010 project period. This project is funded 100 percent from 21st Century Community Learning Center federal funds.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Applicant's Conference. Prospective applicants will be provided an opportunity to receive general and clarifying information from the TEA about the scope of this RFA on Monday, March 2, 2009, from 1:00 p.m. until 3:00 p.m. on the Texas Education Telecommunication Network (TETN). This applicant's conference/TETN session will be the only opportunity, in a group setting, to ask clarifying questions of TEA staff to assist potential applicants in clarifying their understanding of the scope and nature of the work required in this application. The conference will be open to all potential applicants, and all questions asked and answered will be in the presence of all attending. Pre-conference questions may be sent to james.connolly@tea.state.tx.us prior to Friday, February 27, 2009. Each person attending will be required to sign a register setting out the representative's name and the name, address, and telephone number of the applicant organization represented. The entire applicant's conference will be digitally recorded and streamed over the Internet. Prospective applicants who are not able to attend the applicant's conference may request a password and procedures to download the video stream from the TETN site manager at their local education service center (ESC). A complete list of ESCs, including contact information, is available on the TEA website at http://ritter.tea.state.tx.us/ESC/.
Requesting the Application. Due to the high cost of printing and mailing RFAs, they will no longer be available in print. The announcement letter and complete RFA will be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms for viewing and downloading. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, contact James Connolly, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, April 14, 2009, to be eligible to be considered for funding.
TRD-200900242
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 21, 2009
Description. The Texas Education Agency (TEA) is notifying assessment publishers that proficiency assessments and/or achievement tests may be submitted for review for the List of State Approved Tests for the Assessment of Limited English Proficient Students. Texas Education Code (TEC), §29.056(a)(2), authorizes TEA to compile a list of approved assessments for the purposes of identifying students as limited English proficient for entry into or exit (when appropriate) from bilingual education and/or English as a second language (ESL) programs; annually assessing oral language proficiency in English and Spanish when required; and measuring reading and writing proficiency in English and Spanish for program placement. The state-approved tests placed on the list must be based on scientific research and must measure oral language proficiency in listening and speaking in English and Spanish from Prekindergarten (PK)-Grade 12. Assessments must also measure reading and writing in English and Spanish from PK-Grade 12. Reading and writing assessments indicate placement in the bilingual/ESL program and are not for entry purposes.
Norm-referenced standardized achievement tests in English will be used for identification, entry into, and exit (only for Grades 1 and 2) from programs and may be used for formative assessments.
Norm-referenced standardized achievement tests in Spanish may be used for placement purposes only. All tests to be included on the List of State Approved Tests for the Assessment of Limited English Proficient Students must be re-normed every six years to meet the criteria specified in TEC, §39.032, which requires that standardization norms not be more than six years old at the time the test is administered. The 2009-2010 List of State Approved Tests for the Assessment of Limited English Proficient Students will be in effect only for the 2009-2010 school year. Assessments currently on the list of approved tests must be resubmitted only if they contain the stipulation on the current list that they cannot be used after 2008-2009. New assessments that meet the specified criteria must be submitted for evaluation at this time.
The Assessment Committee, comprised of stakeholders from throughout the state and TEA staff, will review and approve the 2009-2010 List of State Approved Tests for the Assessment of Limited English Proficient Students. The Assessment Committee may choose to change the criteria and/or effective dates at a future time.
Selection Criteria. Assessment publishers will be responsible for submitting tests that they wish to be reviewed for consideration for inclusion on the 2009-2010 List of State Approved Tests for the Assessment of Limited English Proficient Students. All tests submitted for review must be based on scientific research and must measure oral language proficiency in listening and speaking in English and Spanish from PK-Grade 12. Assessments must measure reading and writing in English and Spanish from PK-Grade 12 and must meet the state criteria for reliability and validity. Therefore, technical manuals must also be submitted and must be available for the review of assessments to be held on February 27, 2009. Assessments must also measure specific proficiency levels in oral language, reading, and writing in both English and Spanish. Assessment instruments (English and Spanish) submitted for review will be grouped in the following categories: (1) Oral Language Proficiency Tests in English in Listening and Speaking domains; (2) Oral Language Proficiency Tests in Spanish in Listening and Speaking domains; (3) Reading and Writing Proficiency in English; (4) Reading and Writing Proficiency in Spanish; and (5) Ability Tests/Gifted and Talented. Publishers are not required to submit proposals for all categories.
Proposals must be submitted and presented on February 27, 2009, to be considered for inclusion on the List of State Approved Tests for the Assessment of Limited English Proficient Students. Assessment publishers will be required to attend the review of the assessments on February 27, 2009, which will be held at the William B. Travis Building, Room G-100, PDC7, 1701 North Congress Avenue, Austin, Texas. Complete official sample test copies in English and Spanish with comprehensive explanations, including (1) scoring information; (2) norming data information, including ethnicity, gender, grade level, and geographic region; and (3) technical manuals with validity and reliability information, must be presented at that time. Only materials presented on February 27, 2009, will be considered for approval. Publishers must be available all day at the request of the committee, and must make arrangements to pick up all materials at the end of the day. Any materials and/or revisions submitted after the deadline cannot be reviewed until the following year.
Further Information. For clarifying information, contact Georgina Gonzalez, Director of Bilingual/ESL, or Susie Coultress, Assistant Director of Bilingual/ESL, Texas Education Agency, (512) 463-9581.
TRD-200900240
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 21, 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 March 2, 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 March 2, 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: Adrian Balderas dba AB Builders; DOCKET NUMBER: 2008-1972-WQ-E; IDENTIFIER: RN105629711; LOCATION: Tom Green County; TYPE OF FACILITY: home builder; RULE VIOLATED: 30 Texas Administrative Code (TAC) §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 78903-7035, (325) 655-9479.
(2) COMPANY: Maximino Acuna III; DOCKET NUMBER: 2008-1963-WOC-E; IDENTIFIER: RN103454641; LOCATION: San Patricio County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(3) COMPANY: Allen Keller Company; DOCKET NUMBER: 2008-1965-WQ-E; IDENTIFIER: RN105657522; LOCATION: Gillespie County; TYPE OF FACILITY: construction company; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(4) COMPANY: Brazier Construction Inc.; DOCKET NUMBER: 2008-1962-WQ-E; IDENTIFIER: RN105644439; LOCATION: Jack County; TYPE OF FACILITY: construction company; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(5) COMPANY: Briarwood Lutheran Ministries; DOCKET NUMBER: 2008-1421-MWD-E; IDENTIFIER: RN102362498; LOCATION: Denton County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(17), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012605002, Sludge Provisions, by failing to timely submit the annual sludge reports; 30 TAC §319.7(c) and TPDES Permit Number WQ0012605002, Monitoring and Reporting Requirements Number 1, by failing to timely complete and submit discharge monitoring reports; 30 TAC §305.125(4), TPDES Permit Number WQ0012605002, Permit Conditions Number 2.d., and the Code, §26.121(a), by failing to prevent an unauthorized discharge of sludge; 30 TAC §217.330(a) (formerly 30 TAC §317.4(a)(8)), by failing to provide an approved backflow prevention device between the public drinking water supply and the wastewater treatment facility; and 30 TAC §305.125(1) and TPDES Permit Number WQ0012605002, Monitoring and Reporting Requirements Number 5, by failing to calibrate all flow measuring devices; PENALTY: $6,025; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: City of Bridgeport; DOCKET NUMBER: 2008-1747-MWD-E; IDENTIFIER: RN102740230; LOCATION: Wise County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010389002, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with permitted effluent limitations for ammonia nitrogen, dissolved oxygen, and chlorine; and 30 TAC §305.125(17) and TPDES Permit Number WQ0010389002, Sludge Provisions, by failing to timely submit monitoring results at the intervals specified in the permit; PENALTY: $4,795; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Costco Wholesale Corporation dba Costco Gasoline Station 636; DOCKET NUMBER: 2008-1677-PST-E; IDENTIFIER: RN104959697; LOCATION: Dallas County; TYPE OF FACILITY: wholesale store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $5,601; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: City of Del Rio; DOCKET NUMBER: 2008-1575-MLM-E; IDENTIFIER: RN101264299; LOCATION: Val Verde County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement; 30 TAC §290.46(m), by failing to ensure the good working condition and general appearance of the facility and its equipment; and 30 TAC §288.30(5)(B), by failing to submit a drought contingency plan; PENALTY: $755; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
(9) COMPANY: E. E. Hood & Sons, Inc.; DOCKET NUMBER: 2008-1746-EAQ-E; IDENTIFIER: RN105522668; LOCATION: Uvalde County; TYPE OF FACILITY: limestone quarry; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a Edwards Aquifer water pollution abatement plant; PENALTY: $33,750; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(10) COMPANY: Elvan Management, Inc. dba Elvan's Granbury Chevron; DOCKET NUMBER: 2008-1443-PST-E; IDENTIFIER: RN102445491; LOCATION: Hood County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to provide an amended underground storage tank (UST) registration; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed 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 TCEQ delivery certificate; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the USTs; and 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; PENALTY: $6,498; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Extrusion Plus LLC; DOCKET NUMBER: 2008-1493-AIR-E; IDENTIFIER: RN105558878; LOCATION: Harris County; TYPE OF FACILITY: plant that extrudes high-performance polymer tubing; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization before operation of facilities which may emit air contaminants into the atmosphere; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Carlie Konkol, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(12) COMPANY: Formosa Plastics Corporation, Texas; DOCKET NUMBER: 2008-1412-AIR-E; IDENTIFIER: RN100218973; LOCATION: Calhoun County; TYPE OF FACILITY: inorganic chemical plant; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(c), Air Permit Numbers 19871 and PSD-TX-760M7, Special Condition (SC) Numbers 1 and 7, and THSC, §382.085(b), by failing to route displaced vapors from the marine loading of ethylene dichloride to the dock incinerator/scrubber; PENALTY: $7,425; Supplemental Environmental Project (SEP) offset amount of $2,970 applied to City of Point Comfort-Wastewater Treatment Plant Repair Assistance; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100
(13) COMPANY: City of Kirbyville; DOCKET NUMBER: 2007-1599-MLM-E; IDENTIFIER: RN102186053; LOCATION: Jasper County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(5) and TPDES Permit Number WQ0014384001, Operational Requirements Number 1, by failing to properly operate and maintain all systems of treatment and control; 30 TAC §319.1 and TPDES Permit Number WQ0014384001, Monitoring and Reporting Requirements Number 1, by failing to correctly report analytical data on discharge monitoring reports; 30 TAC §319.11(a) and TPDES Permit Number WQ0014384001, Monitoring and Reporting Requirements Number 2, by failing to comply with test procedures for analyses of pollutants; 30 TAC §305.125(9) and TPDES Permit Number WQ0014384001, Monitoring and Reporting Requirements Number 7.a., by failing to provide noncompliance notification to the TCEQ for unauthorized discharges; 30 TAC §305.125(4), TPDES Permit Number WQ0014384001, Permit Conditions Number 2(g), and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; 30 TAC §330.15, by failing to prevent the unauthorized discharge of wastewater generated from washing out garbage trucks; the Code, §26.121(a) and TPDES Permit Number WQ0014384001, Permit Conditions Number 2(g), by failing to prevent the unauthorized discharge of wastewater into or adjacent to water in the state; and 30 TAC §305.125(5) and TPDES Permit Number WQ0014384001, Operational Requirements Number 1, by failing to properly operate and maintain all systems of treatment and control; PENALTY: $29,470; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(14) COMPANY: City of Magnolia; DOCKET NUMBER: 2008-1289-MWD-E; IDENTIFIER: RN101919769: LOCATION: Montgomery County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a)(1), by failing to maintain authorization for the discharge of wastewater; PENALTY: $8,520; ENFORCEMENT COORDINATOR: Lanae Foard, (512) 239-2554; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(15) COMPANY: Gerard Ortiz dba River Oaks Water System; DOCKET NUMBER: 2008-1287-PWS-E; IDENTIFIER: RN101189348; LOCATION: Burnet County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(s), by failing to provide accurate testing equipment; 30 TAC §290.46(m)(1)(A), by failing to perform annual inspection of the system's ground storage tanks; 30 TAC §290.46(m)(1)(B), by failing to perform annual inspection of the system's pressure tank; 30 TAC §290.42(1), by failing to compile and maintain a complete and up-to-date operations manual for operator review and reference; 30 TAC §290.46(f)(3), (3)(A)(i)(III), (ii)(III), (iii) - (vi), by failing to develop and maintain a record of water works activities and maintenance activities; 30 TAC §290.46(u), by failing to plug abandoned public water supply wells with cement; 30 TAC §290.43(d)(3), by failing to provide the pressure tank with facilities for maintaining the air-water-volume at the design water level and working pressure and by failing to equip the air injection line with filters or other devices to prevent compressor lubricants and other contaminants from entering the pressure tank; 30 TAC §290.41(c)(3)(N), by failing to provide an operational flow measuring device for the water system's well; 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a), by failing to operate the water system under the direct supervision of a water works operator who holds a Class "D" or higher license; and 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; PENALTY: $3,119; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(16) COMPANY: Thomas V. Rodriquez; DOCKET NUMBER: 2008-1961-WOC-E; IDENTIFIER: RN103414322; LOCATION: Haskell County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(17) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2008-0391-AIR-E; IDENTIFIER: RN100219526; LOCATION: Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 46307, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(b)(1)(H) and THSC, §382.085(b), by failing to include the permit number on the incident report; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit an initial notification; PENALTY: $62,369; SEP offset amount of $24,948 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red Project; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(18) COMPANY: Tiger Glenn Apartments, Inc.; DOCKET NUMBER: 2008-1498-PST-E; IDENTIFIER: RN101759371; LOCATION: Nueces County; TYPE OF FACILITY: inactive UST; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, one UST; and 30 TAC §334.54(b)(2), by failing to maintain all piping, pumps, manways, tank access points, and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(19) COMPANY: John D. Walden, Jr.; DOCKET NUMBER: 2008-1960-WOC-E; IDENTIFIER: RN103516266; LOCATION: Jack County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(20) COMPANY: Westphalia Water & Sewer Supply Corporation; DOCKET NUMBER: 2008-0598-MWD-E; IDENTIFIER: RN103930061; LOCATION: Falls County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 14382001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the daily average concentration of 30 milligrams per liter and the daily average loading limit of five pounds per day for biochemical oxygen demand; PENALTY: $7,245; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
TRD-200900223
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 20, 2009
APPLICATION. City of Kerrville, 800 Junction Highway, Kerrville, Texas 78028, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40240, to construct and operate a Type V municipal solid waste transfer station. The proposed facility, Kerrville Transfer Station will be located approximately 2.5 miles southeast of the intersection of State Highways 27 and 16, in Kerr County. This facility is requesting authorization to transfer municipal solid waste which includes municipal solid waste, construction and demolition waste, commercial waste, industrial Class 2 and Class 3 waste, yard waste, brush and similar materials, rubbish, incidental amounts of special wastes, and tires. The registration application is available for viewing and copying at the TCEQ Region 13 Office, 14250 Judson Road, San Antonio, Texas 78233-4480 and may be viewed online at http://www.kerrville.org/index.asp?nid=78.
PUBLIC COMMENT/PUBLIC MEETING. Written public comments or written requests for a public meeting must be submitted to the Office of Chief Clerk at the address included in the information section below. Comments may also be received if a public meeting is held on the facility. A public meeting will be held by the executive director if requested by a member of the legislature who represents the general area where the development is to be located, or if there is a substantial public interest in the proposed development. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing. The executive director will review and consider public comments and written requests for a public meeting submitted prior to the notice of final determination. The executive director is not required to file a response to comments.
EXECUTIVE DIRECTOR ACTION. The executive director shall, after review of an application for registration, determine if the application will be approved or denied in whole or in part. If the executive director acts on an application, the chief clerk shall mail or otherwise transmit notice of the action and an explanation of the opportunity to file a motion to reconsider the executive director's decision. The chief clerk shall mail this notice to the owner and operator, the public interest counsel, to adjacent landowners as shown on the required land ownership map and landowners list, and to other persons who timely filed public comment in response to public notice. Not all persons on the mailing list for this notice will receive the notice letter from the Office of the Chief Clerk.
INFORMATION. Written public comments or requests to be placed on the permanent mailing list for this application should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-30887 or electronically submitted to http://www5.tceq.state.tx.us/rules/ecomments/. Individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Further information may also be obtained from the City of Kerrville at the address stated above or by calling Mr. Gregory J. Lewis, P.E., Vice President, Associated Consulting Engineers, Inc. at (512) 329-0006.
TRD-200900263
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 21, 2009
The following notices were issued during the period of December 11, 2008 through January 16, 2009.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
INFORMATION SECTION
3 B AND J WASTEWATER COMPANY INC has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014911001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility will be located approximately 2,400 feet northwest of the intersection of County Road 248 and Westridge Lane in Williamson County, Texas.
AQUA WATER SUPPLY CORPORATION has applied for a major amendment to TPDES Permit No. WQ0014225001 to authorize an increase in the discharge of water treatment filter backwash wastewater from a daily average flow not to exceed 8,850 gallons per day to a daily average flow not to exceed 27,000 gallons per day. The facility is located on State Highway 95, approximately 2.8 miles south of the US Highway 290 and State Highway 95 intersection in the City of Elgin in Bastrop County, Texas.
AUC GROUP LP has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014909001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility will be located approximately 500 feet west of the intersection of Miller Road and Farm-to-Market Road 2978 in Montgomery County, Texas.
BROWNSVILLE PUBLIC UTILITIES BOARD has applied for a major amendment to TPDES Permit No. WQ0010397003 to remove: restrictions on sludge disposal during wet conditions, the minimum required solids content of 15% prior to sludge disposal and the sludge disposal limit of 20 dry tons/acre/year from the permit. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 12,800,000 gallons per day. The current permit also authorizes the disposal of sewage sludge at Brownsville Public Utilities Board Sludge Only Dedicated Land Disposal (DLD) site, TPDES Permit No. WQ0010397003, in Cameron County. The facility is located at 2800 East Avenue, north of the 2800 block of East Avenue, approximately 1/2 mile west of 30th Street in southeast Brownsville in Cameron County, Texas.
CEMEX CONSTRUCTION MATERIALS SOUTH LLC, has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ00004636000 (EPA I.D. No. TXL005012) which authorizes the surface disposal of wastewater and water treatment plant sludge on approximately 192.84 acres of land used as a monofill area. The sludge disposal site is located approximately 30 miles east of the City of El Paso, approximately 5 1/4 miles northeast of the intersection of Hueco Ranch Road and U.S. Highway 62/180 in Hudspeth County, Texas.
CITY OF COLDSPRING has applied for a renewal of TPDES Permit No. WQ0013291001, 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 1,500 feet south of the intersection of State Highway 150 and Farm-to-Market Road 2973 and approximately 2,600 feet west of the intersection of State Highway 150 and Farm-to-Market Road 222 in San Jacinto County, Texas.
CITY OF FLATONIA has applied for a major amendment to TPDES Permit No. WQ0010101001, to increase the maximum pH level from 9.0 standard units to 10.0 standard units. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located at 341 East I-10 Frontage Road approximately 500 feet north of Interstate Highway 10 and 1300 feet east of State Highway 95 on the north side of the City of Flatonia in Fayette County, Texas.
CITY OF GEORGETOWN has applied to the TCEQ for a renewal of TPDES Permit No. WQ0010489003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located at 400 Rock Dove Lane, approximately 1000 feet west of County Road 102; 4000 feet south of the intersection of State Highway 29 and County Road 102; and 2.75 miles east of the intersection of State Highway 29 and State Highway Spur 418 (South Austin Avenue) in the City of Georgetown in Williamson County, Texas.
CITY OF LULING has applied for a renewal of TPDES Permit No. WQ00110582001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located approximately one-half (0.5) mile east of State Highway 80 and approximately one and one-half (1.5) miles south of the intersection of U.S. Highway 90 and State Highway 80 in Caldwell County, Texas.
CITY OF MEXIA has applied for a renewal of TPDES Permit No. WQ0010222001 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located approximately 0.5 mile south of the intersection of Travis Street and Bonham Street and approximately 1.25 miles southeast of the intersection of State Highway 14 and Farm-to-Market Road 39 in the City of Mexia in Limestone County, Texas.
CITY OF ROBINSON which operates the Robinson Water Treatment Plant, a potable water treatment facility, has applied for a major amendment to TPDES Permit No. WQ0003466000 to authorize less stringent effluent limits for total dissolved solids, chlorides, and sulfates at Outfall 001. The current permit authorizes the discharge of reverse osmosis unit reject stream at a daily average flow not to exceed 1,000,000 gallons per day via outfall 001. The facility is located at the southeast corner of intersection of 12th Street and Newland Drive in the extraterritorial jurisdiction of the City of Robinson, McLennan County, Texas.
COLETO CREEK POWER LP which operates the Coleto Creek Power Station, has applied for a major amendment without renewal to TPDES Permit No. WQ0002159000 to authorize an increase in the discharge of once-through cooling water from a daily average flow not to exceed 557,000,000 gallons per day to a daily average flow not to exceed 1,155,000,000 gallons per day via Outfall 001; an increase in the daily maximum flow not to exceed 560,000,000 gallons per day to a daily maximum flow not to exceed 1,210,000,000 gallons per day via Outfall 001; an increase in the effluent limitations for temperature at Outfall 001; recalculate mass loading effluent limitations for free available chlorine and total residual chlorine at Outfall 001; revision of the discharge description of once-through cooling water at Outfall 001; addition of new wastestreams via Outfall 003; addition of a new combustion byproduct storage leachate pond and to remove Other Requirements, Item 23 which references to an Aquaponics and a greenhouse. The current permit authorizes the discharge of once through cooling water at a daily average flow not to exceed 557,000,000 gallons per day via Outfall 001, treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day via Outfall 002, and ash transport water commingled with low volume waste and metal cleaning wastes on an intermittent and flow variable basis via Outfall 003. The facility is located adjacent to Coleto Creek Reservoir approximately 2.5 miles northeast of the Town of Fannin, Goliad County, Texas.
CW SCOA WEST LP has applied to the Texas Commission on Environmental Quality (TCEQ) for a minor amendment to TPDES Permit No. WQ0014740001, to revise the location description for the proposed facility. The existing permit shows the facility located 2,300 feet north of West Road and 600 feet west of Barker-Cypress Road in Harris County, Texas. The proposed revision will locate the facility 1,600 feet north of West Road and 3,100 feet west of Barker-Cypress Road in Northwest Harris County. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 320,000 gallons per day.
FEDERAL EMERGENCY MANAGEMENT AGENCY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014934001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 33,750 gallons per day. The facility will be located approximately 4,000 feet north/northwest of the intersection of State Highway 124 and State Highway 87 in 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.
HERITAGE FINANCIAL GROUP INC has applied for a renewal of TPDES Permit No. WQ0012677001 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 0.25 mile south of the intersection of Spencer Highway and Canada Street, 0.75 mile southwest of the intersection of Spencer Highway and Underwood Road in Harris County, Texas.
JIMMY DON PACK has applied for a Renewal of State Permit No. WQ0003563000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing dairy cattle facility at a maximum capacity of 450 head of which all are milking cows. The facility is located north of Highway 8, approximately 5 miles northwest of the intersection of State Highway 8 and Farm-to-Market Road 988 in Erath County, Texas.
K C UTILITIES INC has applied for a renewal of TPDES Permit No. WQ0012935001, 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 approximately 3.2 miles north-northwest of the intersection of State Highway 6 and State Highway 35, adjacent to Brazoria County Road 144 to the west and to the east of Atchison, Topeka, and Santa Fe Railroad tracks in Brazoria County, Texas.
ROGER GLENN PACK for a Major Amendment, and conversion to an individual permit, of the Texas Pollutant Discharge Elimination System (TPDES) Registration No. WQ0003584000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing dairy cattle facility at a maximum capacity of 750 head, of which 750 head are milking cows. The applicant is also requesting to add new land application acreage located on the north side of County Road 456, approximately 0.4 mile east of the intersection of County Road 456 and County Road 430, said intersection is approximately 1.2 miles east of the intersection of County Road 430 and State Highway 108, approximately 5 miles south of Huckabay in Erath County, Texas. The facility is located approximately one mile east of the intersection of State Highway 108 and County Road 426, said intersection is located approximately two miles south of the town of Huckabay in Erath County, Texas.
SYNAGRO OF TEXAS CDR INC has applied for a renewal of Permit No. WQ0004506000, which authorizes the land application of sewage sludge for beneficial use. The current permit authorizes land application of sewage sludge for beneficial use on 139 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located 0.5 mile east of the intersection of Farm-to-Market Road 1305 and County Road 4225, approximately 5 miles north of the City of Poynor in Henderson County, Texas.
TEXAS AMERICAN WATER COMPANY has applied for a renewal of TPDES Permit No. WQ0012822001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day. The facility is located approximately 2,300 feet south of County Road 128 and approximately 2,500 feet east of County Road 143 in Brazoria County, Texas.
THE CITY OF LORENA had applied for a major amendment to TPDES Permit No. WQ0012195001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 150,000 gallons per day to an annual average flow not to exceed 1,500,000 gallons per day. Subsequently, the permittee requested that the application be processed as a renewal of the existing permit. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located adjacent to the northern boundary of Lorena Cemetery and immediately west of the Missouri-Kansas-Texas Railroad right-of-way, approximately 3,500 feet south of the intersection of Center Street and Front Street in McLennan 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-200900262
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 21, 2009
Request for Proposals #303-9-10833
The Texas Facilities Commission (TFC), on behalf of the Department of Family and Protective Services (DFPS) and the Department of State Health Services (DSHS), announces the issuance of Request for Proposals (RFP) #303-9-10833. TFC seeks a ten (10) year lease of approximately 5,507 square feet of office space in Northwest Henderson County, Texas.
The deadline for questions is February 6, 2009 and the deadline for proposals is February 13, 2009 at 3:00 p.m. The award date is March 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 an 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=80651.
TRD-200900266
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 21, 2009
Notice of Application and Priorities for the Justice Assistance Grant Program Federal Application
The Governor's Criminal Justice Division (CJD) is preparing its application for the 2009 federal Edward Byrne Justice Assistance Grant Program (JAG). The amount available for this program will be determined after congressional adoption of the federal Fiscal Year 2009 (FFY) appropriation for the U.S. Department of Justice.
CJD received supplemental JAG funds totaling $741,487 in federal Fiscal Year 2008. CJD proposes to use its FFY 2008 supplemental funds and FFY 2009 funds for projects that reduce violent crime.
Comments on the application or the priorities may be submitted in writing to Judy Switzer by email at jswitzer@governor.state.tx.us or mailed to the Criminal Justice Division, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. Comments must be received or postmarked no later than 30 days from the date of publication of this announcement in the Texas Register.
TRD-200900267
Kevin Green
Assistant General Counsel
Office of the Governor
Filed: January 21, 2009
The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective February 1, 2009.
The amendment will modify the reimbursement methodology in the Texas Medicaid State Plan for ambulance services by allowing cost-based reimbursement to Austin-Travis County Emergency Medical Services, a governmental third-party ambulance service provider. The provider will be subject to annual cost-reporting requirements, cost reconciliation, and cost settlement.
The proposed amendment is estimated to result in an additional annual aggregate expenditure of $708,270 for federal fiscal year (FFY) 2009, with approximately $420,996 in federal funds and $287,274 in State General Revenue (GR). For FFY 2010, the estimated additional aggregate expenditure is $1,013,109, with approximately $594,999 in federal funds and $418,110 in GR. For FFY 2011, the estimated additional aggregate expenditure is $1,087,471, with approximately $633,343 in federal funds and $454,128 in GR.
Interested parties may obtain copies of the proposed amendment by contacting Dan Huggins, Director of Rate Analysis for Acute Care Services, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1432; by facsimile at (512) 491-1998; or by e-mail at Dan.Huggins@hhsc.state.tx.us. Copies of the proposals will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200900221
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: January 20, 2009
The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services a request to renew the Texas Disease Management (DM) program. The DM program is a Medicaid waiver program under the authority of Title XIX, §1915(b) of the Social Security Act. The proposed effective date for the renewal is August 1, 2009.
The waiver renewal provides for the continuation of the disease management program, which HHSC developed pursuant to the requirements of H.B. 727, 78th Legislature, Regular Session, 2003. The disease management program is in addition to current Medicaid services provided to Primary Care Case Management and fee-for-service clients.
The program is designed to be an educational and care management service for individuals who receive services through the Texas Medicaid Program and who have one or more of the following conditions: Congestive Heart Failure, Asthma, Diabetes, Chronic Obstructive Pulmonary Disease and Coronary Artery Disease.
HHSC is requesting that the waiver renewal be approved for an additional two year period beginning August 1, 2009 through July 31, 2011. This waiver maintains cost neutrality for waiver years 2009 through 2011.
To obtain copies of the proposed waiver, interested parties may contact Christine Longoria by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-600, Austin, Texas 78708-5200, phone (512) 491-1152, fax (512) 491-1953, or by e-mail at christine.longoria@hhsc.state.tx.us.
TRD-200900224
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: January 20, 2009
Notice of Certification of Nonprofit Hospitals or Hospital Systems for Limited Liability
The Hospital Survey Unit in the Center for Health Statistics, Department of State Health Services (department), has completed its analysis of hospital data for the purpose of certifying nonprofit hospitals or hospital systems for limited liability in accordance with the Health and Safety Code, §311.0456. We received requests for certification from 6 hospitals. We will notify each hospital by mail that is certified and non-certified in accordance with §311.0456. If you have any comments or questions about the following certification results, please contact Mr. Dwayne Collins or Ms. JaNell Jenkins of the department's Center for Health Statistics.
Certified. 2 non-profit hospitals were determined to be eligible for certification based on information (2007 annual survey of hospitals and/or the 2007 annual statement of community benefits) that they provided 8 percent or more of their net patient revenue as charity care and provided 40 percent or more of the charity care in their counties:
1. Shannon West Texas Memorial Hospital in Tom Green County;
2. University Medical Center at Brackenridge Hospital in Travis County.
Not Certified. 4 non-profit hospitals were not certified based on information (2007 annual survey of hospitals and 2007 annual statement of community benefits) that they did not provide 8 percent of their net patient revenue as charity care nor did they provide 40 percent of the charity care in their counties:
1. Memorial Medical Center of East Texas in Angelina County;
2. Memorial Specialty Hospital in Angelina County;
3. Memorial Medical Center - Livingston in Polk County;
4. Memorial Medical Center - San Augustine in San Augustine County.
For further information about this report, please contact Mr. Dwayne Collins or Ms. JaNell Jenkins in the Center for Health Statistics, Department of State Health Services, 1100 West 49th Street, Austin, Texas, telephone (512) 458-7261.
TRD-200900216
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: January 16, 2009
Instant Game Number 1101 "$140,000,000 Extreme Payout"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1101 is "$140,000,000 EXTREME PAYOUT". The play style is "key number match with multipliers".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1101 shall be $50.00 per ticket.
1.2 Definitions in Instant Game No. 1101.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 3, 4, 5, 6, 7, 8, 9, 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, 2X SYMBOL, 10X SYMBOL, $50.00, $70.00, $75.00, $100, $250, $500, $1,000, $2,000, and $10 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. 1101 - 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. Mid-Tier Prize - A prize of $50.00, $70.00, $75.00, $100, $140, $150, $200, $240, $250, $350 or $500.
H. High-Tier Prize - A prize of $1,000, $2,000, $10,000 or $10,000,000.
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 (1101), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 020 within each pack. The format will be: 1101-0000001-001.
K. Pack - A pack of "$140,000,000 EXTREME PAYOUT" Instant Game tickets contains 020 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 020 will both be exposed.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$140,000,000 EXTREME PAYOUT" Instant Game No. 1101 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 "$140,000,000 EXTREME PAYOUT" Instant Game is determined once the latex on the ticket is scratched off to expose 65 (sixty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a "2X" play symbol, the player wins DOUBLE the PRIZE shown for that symbol. If a player reveals a "10X" play symbol, the player wins 10 TIMES 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 65 (sixty-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 65 (sixty-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 65 (sixty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 65 (sixty-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 duplicate non-winning YOUR NUMBERS play symbols on a ticket.
C. No duplicate WINNING NUMBERS play symbols on a ticket.
D. No five or more matching non-winning prize symbols on a ticket.
E. The $10,000,000 prize symbol will appear on every ticket unless otherwise restricted.
F. Non-winning prize symbols will not match winning prize symbols on a ticket.
G. The "2X" (doubler) and "10X" (win x 10) play symbols will only appear on winning tickets as dictated by the prize structure.
H. When breaking the YOUR NUMBERS and WINNING NUMBERS symbols into the individual digits that make up the symbols, there will never be an occurrence of a non-winning YOUR NUMBER play symbol's digit equaling a WINNING NUMBER play symbol's digit with the non-winning YOUR NUMBER play symbol's corresponding prize symbol is equal to the highest valued prize in the game.
2.3 Procedure for Claiming Prizes.
A. To claim a "$140,000,000 EXTREME PAYOUT" Instant Game prize of $50.00, $70.00, $75.00, $100, $140, $150, $200, $240, $250, $350 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, $70.00, $75.00, $100, $140, $150, $200, $240, $250, $350 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 "$140,000,000 EXTREME PAYOUT" Instant Game prize of $1,000, $2,000, $10,000 or $10,000,000, 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 "$140,000,000 EXTREME PAYOUT" top level prize of $10,000,000, the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. As an alternative method of claiming a "$140,000,000 EXTREME PAYOUT" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
E. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$140,000,000 EXTREME PAYOUT" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "$140,000,000 EXTREME PAYOUT" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 3,600,000 tickets in the Instant Game No. 1101. 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. 1101 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. 1101, 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-200900218
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 20, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1175 is "IN THE MONEY". The play style is "key number match with win all".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1175 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1175.
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, MONEYBAG SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $25.00, $50.00, $100, $500, $2,000 and $20,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1175 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
H. High-Tier Prize- A prize of $2,000 or $20,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1175), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1175-0000001-001.
K. Pack - A pack of "IN THE MONEY" 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 "IN THE MONEY" Instant Game No. 1175 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 "IN THE MONEY" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either WINNING NUMBER play symbol, the player wins the PRIZE shown for that number. If a player reveals a "moneybag" play symbol, the player wins ALL 10 PRIZES shown instantly! No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The "MONEY BAG" (win all) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. When the "MONEY BAG" (win all) play symbol appears, there will no occurrence of any YOUR NUMBERS play symbols matching to either WINNING NUMBER play symbol.
D. No more than two (2) matching non-winning prize symbols will appear on a ticket.
E. No duplicate WINNING NUMBERS play symbols on a ticket.
F. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
G. Non-winning prize symbols will never be the same as the winning prize symbol(s).
H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
I. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "IN THE MONEY" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "IN THE MONEY" Instant Game prize of $2,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "IN THE MONEY" 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 "IN THE MONEY" 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 "IN THE MONEY" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 7,080,000 tickets in the Instant Game No. 1175. 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. 1175 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. 1175, 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-200900219
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 20, 2009
1.0 Name and Style of Game.
A. The name of Instant Game No. 1177 is "MONOPOLY™". The play style is "key symbol match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1177 shall be $1.00 per ticket.
1.2 Definitions in Instant Game No. 1177.
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: WATER SYMBOL, HAT SYMBOL, IRON SYMBOL, SHOE SYMBOL, DOG SYMBOL, BULB SYMBOL, THIMBLE SYMBOL, WHEEL BARREL SYMBOL, TRAIN SYMBOL, CAR SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100, and $1,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1177 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00, or $20.00
G. Mid-Tier Prize - A prize of $40.00 or $100.
H. High-Tier Prize - A prize of $1,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number, and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1177), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1177-0000001-001.
K. Pack - A pack of "MONOPOLY™" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B. C, and D configuration.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MONOPOLY™" Instant Game No. 1177 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 "MONOPOLY™" Instant Game is determined once the latex on the ticket is scratched off to expose 11 (eleven) Play Symbols. If a player matches any of YOUR SYMBOLS play symbols to the WINNING SYMBOL play symbol, the player wins the PRIZE shown for that symbol. If the player reveals a "car" play symbol, the player wins the PRIZE shown for that symbol 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 11 (eleven) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted, or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 11 (eleven) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective, or printed or produced in error;
16. Each of the 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 11 (eleven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. No duplicate non-winning prize symbols on a ticket.
C. No duplicate non-winning YOUR SYMBOLS play symbols on a ticket.
D. Non-winning prize symbols will never be the same as the winning prize symbol(s).
E. The "CAR" (auto win) play symbol will never appear more than once on a ticket.
F. The top prize will appear on every ticket unless otherwise restricted by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "MONOPOLY™" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $40.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "MONOPOLY™" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "MONOPOLY™" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Office of the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "MONOPOLY™" 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 "MONOPOLY™" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales, and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 1177. 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. 1177 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. 1177, 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-200900220
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 20, 2009
The Panhandle Regional Planning Commission (PRPC) seeks a vendor or vendors that can supply pre-paid fuel cards usable for the purchase of fuel by workforce development program customers at outlets in the Panhandle Workforce Development Area (PWDA).
Cards must be available pre-loaded in various denominations directly from the vendor and limited to fuel purchases only.
PRPC makes no guarantees of purchases from the selected vendor(s) and reserves the right to use alternative methods to purchase fuel.
Interested vendors may obtain a copy of the solicitation packet by contacting Tony White, at (806) 372-3381/(800) 477-4562 or twhite@theprpc.org. The packet may also be picked up at PRPC's offices located at 415 West Eighth in Amarillo, Texas. The required information should be submitted to PRPC no later than February 11, 2009.
TRD-200900239
Anthony White
Workforce Development Assistant Director
Panhandle Regional Planning Commission
Filed: January 21, 2009
Notice of Availability and Request for Public Comment
Draft Damage Assessment and Restoration Plan
AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Commission on Environmental Quality (TCEQ), Texas General Land Office (GLO), and the United States Department of the Interior represented by the United States Fish and Wildlife Service (USFWS) (collectively, the Trustees).
ACTION: Notice of availability of a Draft Damage Assessment and Restoration Plan (DARP) for natural resource damages resulting from the impacts of the July 14, 2007 Explorer Pipeline Jet A fuel discharge into and adjacent to Turkey Creek in Walker County, Texas and of a 30-day period for public comment on the Draft DARP beginning the date of publication of this notice.
SUMMARY: This notice serves to inform the public that the Natural Resource Trustees have developed a Draft DARP to resolve Natural Resource Damages associated with this incident. The Draft DARP outlines the injuries resulting from the unauthorized discharge of Jet A fuel into Turkey Creek and the adjacent habitats, as well as the proposed restoration project selected to compensate for those injuries.
The opportunity for public review and comment on the Draft DARP announced in this notice is required under the Oil Pollution Act (OPA) 33 U.S.C. §2706(c)(5), and parallels provisions of 15 CFR §990.14(d) and §990.55 of the federal Natural Resource Damage Assessment regulations.
ADDRESSES: A copy of this Draft DARP may be obtained by contacting: Johanna Gregory, Natural Resource Trustee, Environmental Assessment and Restoration Program, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, Phone: (512) 389-8703, e-mail: johanna.gregory@tpwd.state.tx.us.
DATES: Comments must be submitted in writing within 30 days of the publication of this notice to Johanna Gregory of the Texas Parks and Wildlife Department at the address listed in the previous paragraph. The Natural Resource Trustees will consider written comments received during the 30-day comment period prior to finalizing the Draft DARP.
SUPPLEMENTARY INFORMATION: On July 14, 2007, a 5-foot split occurred in a 28-inch, high-pressure transmission line belonging to Explorer Pipeline, resulting in an unauthorized discharge of Jet A fuel just east of the City of Huntsville, in Walker County, Texas (Incident). Approximately 6,568 barrels (275,860 gallons) of jet fuel were discharged onto land and into Turkey Creek and adjacent riparian habitat. Jet fuel was observed at the discharge point and extended about 4.5 miles downstream within Turkey Creek. Fish and wildlife kills, tree mortality, and impacts to terrestrial habitat were observed at the spill site.
Initial response activities included building earthen berms within Turkey Creek, excavating the pipeline, and recovering free product from Turkey Creek with vacuum trucks. Response actions included the use of heavy equipment to excavate and remove the damaged section of line, as well as provide access to Turkey Creek. During secondary response activities, the responders washed the banks of Turkey Creek to remove residual Jet A fuel and consolidated the product into central areas to facilitate collection of the free product. Response actions removed a large portion of the Jet A fuel from Turkey Creek within 8 days of the release. Monitoring and maintenance activities continued through August 2008.
Natural resources or their services impacted as a result of the spill and spill response included riparian and upland wooded habitat, pasture habitat, and aquatic habitat of Turkey Creek. Biota impacted by the spill includes fish, birds, other wildlife species, and benthic communities.
Natural Resource Trustees have the authority under OPA (33 U.S.C. §2701 et seq.) to assess natural resource injuries resulting from this Incident. TCEQ, TPWD, GLO, and USFWS are Trustees of the natural resources injured by the Explorer Pipeline discharge.
The Natural Resource Trustees have determined that resources subject to their trust authority under this Act were exposed to Jet A fuel as a result of the discharge. The quantity and concentration of the material discharged was sufficient to result in the impairment of exposed habitats. Explorer Pipeline, as the designated responsible party, entered into a Memorandum of Agreement with the Trustees to perform a cooperative restoration-based assessment to address potential or actual natural resource injuries and lost services resulting from the spill. The Trustees and Explorer Pipeline jointly performed site investigations on August 20, 2007 and May 28, 2008, to assess lost natural resource services resulting from the discharge and the associated response actions. Results from site investigations and Habitat Equivalency Analysis were used to determine the scale of restoration necessary to compensate for injuries to natural resource services.
In accordance with the OPA regulations, the Trustees evaluated a reasonable range of restoration alternatives to compensate for injuries to natural resources and associated lost services. After examining restoration alternatives and potential restoration sites, the Trustees have identified the acquisition and preservation of existing high quality habitat located along 3.28 miles of the Angelina Riverfront to be incorporated as part of the TPWD Alazan Bayou Wildlife Management Area as the preferred restoration alternative. The Trustees are seeking public input on a proposal to use Natural Resources Damages recovered for the spill as matching funds to preserve a 486-acre tract in Angelina County as compensation for injuries related to the spill.
For further information contact: Johanna Gregory at (512) 389-8703, fax: (512) 389-8160, e-mail: johanna.gregory@tpwd.state.tx.us.
TRD-200900243
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: January 21, 2009
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on January 15, 2009, 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 36600 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the area within the boundaries of the municipality of Richwood, 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 36600.
TRD-200900252
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 21, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 13, 2009, for retail electric provider (REP) certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101 - 39.109.
Docket Title and Number: Application of Iluminar Energy, LLC for Retail Electric Provider (REP) Certification, Docket Number 36583 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire state of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 6, 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 36583.
TRD-200900222
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 20, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 14, 2009, 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 TexRep5 for Retail Electric Provider (REP) Certification, Docket Number 36587 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the geographic area of the Electric Reliability Council of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 6, 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 36587.
TRD-200900255
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 21, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 14, 2009, 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 TexRep6 for Retail Electric Provider (REP) Certification, Docket Number 36588 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the geographic area of the Electric Reliability Council of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 6, 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 36588.
TRD-200900256
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 21, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 14, 2009, 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 TexRep7 for Retail Electric Provider (REP) Certification, Docket Number 36589 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the geographic area of the Electric Reliability Council of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 6, 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 36589.
TRD-200900257
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 21, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 14, 2009, 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 TexRep8 for REP Certification, Docket Number 36590 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the geographic area of the Electric Reliability Council of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 6, 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 36590.
TRD-200900258
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 21, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 14, 2009, 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 TexRep9 for REP Certification, Docket Number 36591 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the geographic area of the Electric Reliability Council of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 6, 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 36591.
TRD-200900259
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 21, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 14, 2009, 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 TexRep10 for REP Certification, Docket Number 36592 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the geographic area of the Electric Reliability Council of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 6, 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 36592.
TRD-200900254
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 21, 2009
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 14, 2009, 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 Telecom Consulting and Services, LLC d/b/a TCS Energy for REP Certification, Docket Number 36593 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the geographic area of the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 6, 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 36593.
TRD-200900253
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 21, 2009