In Addition

Cancer Prevention and Research Institute of Texas

Request For Applications R-10-RML-1

Recruitment of Missing Links

The Cancer Prevention and Research Institute of Texas (CPRIT) seeks grant applications from qualified organizations located in the State of Texas for to support the recruitment of critically important researchers who are needed to complete existing, excellent teams ("missing links"). Institutions must apply for a specific candidate who must hold an appropriate appointment at an accredited academic or research institution. The candidate must not reside in Texas at the time the application is submitted. Successful applicants would be eligible for a grant award of up to $2,000,000 for a period not to exceed four years. A request for applications is available online at www.cprit.state.tx.us. Applications will be accepted beginning at 7:00 a.m. Central Time on April 12, 2010, and must be submitted via the CPRIT Application Receipt System (www.CPRITGrants.org). Only applications submitted at this portal will be considered eligible for evaluation. This is an ongoing grant opportunity with no deadline for applications.

TRD-201001660

William "Bill" Gimson

Executive Director

Cancer Prevention and Research Institute of Texas

Filed: April 8, 2010


Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of April 2, 2010, through April 8, 2010. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on April 14, 2010. The public comment period for this project will close at 5:00 p.m. on May 14, 2010.

FEDERAL AGENCY ACTIONS:

Applicant: South Texas Nuclear Operating Company; Location: The project is located at the existing South Texas Nuclear Power Plant, on FM 521 approximately 8 miles west of Wadsworth, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Blessing SE, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 14; Easting: 787732; Northing: 3189480. Project Description: The applicant proposes to construct and operate two new nuclear units at the South Texas Project site. The U.S. Nuclear Regulatory Commission (NRC) has completed the "Draft Environmental Impact Statement for the Combined Licenses for South Texas Project Electric Generating Station Units 3 and 4" (NUREG-1973). The U.S. Army Corps of Engineers, Galveston District (Corps), is a cooperating agency on the Draft Environmental Impact Statement (DEIS). A Department of the Army Permit is required for the applicant to conduct maintenance dredging and expansion of two existing barge slips located on the Colorado River and to construct a heavy-haul road from the barge-slip to the construction site by placing 6 culverts into waters of the United States. Dredged material will be placed in an existing confined dredge material placement area with no return water. CCC Project No.: 10-0090-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-00786 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Suemaur Exploration and Production, LLC; Location: The project is located approximately 17.4 miles southeast of Winnie, Texas, and partially on the McFaddin National Wildlife Refuge (MNWR) in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled High Island, TX and Mud Lake, TX. Approximate UTM coordinates in NAD 27 (meters): Zone 15; Easting: 368602.732; Northing: 3272290.844. Project Description: The applicant proposes to impact a total of 9.28 acres of herbaceous wetlands during the construction of a boarded drill site (Pieces of Eight Prospect), boarded access road, installation of structures and three 10-inch pipelines which lead to a tank battery site. Such activities will result in long term impacts to approximately 6.6 acres of herbaceous wetlands as a result of the construction of a drill site, access road and tank battery and temporary impacts to approximately 2.68 acres of herbaceous wetlands during pipeline installation. CCC Project No.: 10-0092-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00268 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Harris County Public Infrastructure Department; Location: The project site is located in wetlands and Spring Gully, between Genoa-Red Bluff Road/Red Bluff Road intersection and the Fairmont Parkway/Canada Street intersection in LaPorte, Pasadena, and unincorporated areas, in Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: LaPorte, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 296796.10; Northing: 3281086.11. Project Description: The applicant proposes to fill 2.54 acres of waters of the U.S., including 2.53 acres of wetlands, for the construction of a road extension (Genoa-Red Bluff) and associated stormwater management facilities. The proposed extension includes a 2-lane northbound/2-lane southbound median separated roadway within a project right-of-way that varies from 150 feet wide at the southern portion to 255 feet wide at the northern portion. The proposed improvements are approximately 1.28 miles in length and include open drainage ditches along the northern portion and curbs along the southern portion of the project. CCC Project No.: 10-0098-F1. Type of Application: U.S.A.C.E. permit application #SWG-2009-01007 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344).

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above, including a copy of the consistency certifications for inspection, may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-201001778

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: April 13, 2010


Comptroller of Public Accounts

Notice of Award

Pursuant to Chapters 403, 2305, and Chapter 2254, Subchapter A, Texas Government Code, the Comptroller of Public Accounts (Comptroller) State Energy Conservation Office (SECO) announces the following contract awards:

The notice of request for proposals (RFP 194c) was published in the July 17, 2009, issue of the Texas Register (34 TexReg 4750).

The contractors will provide energy engineering services for the Local Government Program.

Three contracts were awarded as follows:

1. Texas Energy Engineering Services, Inc., 1301 S. Capital of Texas Hwy., #B325, Austin, Texas 78746. The total amount of this contract is not to exceed $177,779.00. The term of the contract is March 22, 2010 through December 31, 2010, with option to renew for up to two (2) additional one (1) year terms, one (1) year at a time;

2. Energy Systems Associates, Inc., 105 E. Main, Suite 201, Round Rock, Texas 78664. The total amount of this contract is not to exceed $215,000.00. The term of the contract is March 22, 2010 through December 30, 2010, with option to renew for up to two (2) additional one (1) year terms, one (1) year at a time; and

3. Jacobs Engineering Group, Inc., 777 Main Street, Fort Worth, Texas 76102. The total amount of this contract is not to exceed $310,000.00. The term of the contract is April 9, 2010 through December 31, 2010, with option to renew for up to two (2) additional one (1) year terms, one (1) year at a time.

TRD-201001789

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: April 14, 2010


Notice of Contract Award

Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter B, Texas Government Code; and Chapter 404, Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the award of the following contract:

A contract is awarded to Raymond James & Associates, Inc., 2001 Ross Avenue, Suite 4500, Dallas, Texas 75201. The total amount for the contract is a $41,550 fee and $7,500 in expenses plus reasonable and approved out of state travel expenses at cost for each Tax Revenue Anticipation Note issue during the term of the contract. The term of the contract is April 9, 2010 through August 31, 2011.

The Comptroller's Request for Proposals #196a related to this contract award was published in the December 25, 2009, issue of the Texas Register (34 TexReg 9503).

TRD-201001786

Pamela G. Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: April 13, 2010


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/19/10 - 04/25/10 is 18% for Consumer 1/Agricultural/Commercial2/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/19/10 - 04/25/10 is 18% for Commercial over $250,000.

1Credit for personal, family or household use.

2Credit for business, commercial, investment or other similar purpose.

TRD-201001775

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 13, 2010


East Texas Council of Governments

Notice of Request for Proposals

Notice of Request for Proposals for operating plans for programs under Title III of the Older Americans Act to provide senior nutrition services in the East Texas Council of Governments' planning region.

Notice is given that the East Texas Area Agency on Aging, a program of the East Texas Council of Governments (ETCOG) is soliciting information, in the form of this Request for Proposals (RFP), to provide senior nutrition services. The East Texas Area Agency on Aging is designated by the Texas Department of Aging and Disability Services to coordinate services, in fourteen counties, for persons in East Texas who are 60 or older, with an emphasis on frail, minority, rural, and low-income elderly.

It is anticipated services rendered will take place over a three-year period (2011, 2012, and 2013).

Persons or organizations wanting to receive a Request for Proposal document should inquire by letter, fax, or email to the East Texas Council of Governments, 3800 Stone Road, Kilgore, Texas 75662, Attn: Claude Andrews. The fax number for ETCOG is (903) 984-4482. The email address is claude.andrews@etcog.org. Questions regarding the RFP process can be addressed by calling (903) 984-8641 ext. 214.

If you wish to respond, the due date for this RFP is June 25, 2010.

TRD-201001790

David Cleveland

Public Information Officer

East Texas Council of Governments

Filed: April 14, 2010


Texas Commission on Environmental Quality

Agreed Orders

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 May 24, 2010. 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 May 24, 2010. 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: ALVIN VENTURES, INC. dba Alvin Food Mart; DOCKET NUMBER: 2009-0030-PST-E; IDENTIFIER: RN101909968; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §334.10(b), by failing to maintain underground storage tank (UST) records and make them immediately available for inspection; 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 §115.226(1) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain copies or records of product transfer documents for a minimum of two years; and 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review upon request; PENALTY: $3,380; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77024-1452, (713) 767-3500.

(2) COMPANY: Robert Buck; DOCKET NUMBER: 2010-0050-LII-E; IDENTIFIER: RN105831697; LOCATION: Allen, Dallas County; TYPE OF FACILITY: landscaping business; RULE VIOLATED: 30 TAC §30.5(b) and §344.30(a)(2) and the Code, §37.003, by failing to refrain from advertising or representing himself to the public as a person who can perform services for which a license or registration is required; PENALTY: $225; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Childress Creek Water Supply Corporation; DOCKET NUMBER: 2010-0040-PWS-E; IDENTIFIER: RN101248904; LOCATION: Bosque County; TYPE OF FACILITY: public water supply (PWS); RULE VIOLATED: 30 TAC §290.46(f)(2), (3)(B)(v), (D)(ii), and (E)(ix), by failing to keep on file and make available for review an up-to-date record of water works operations and maintenance activities for operator review and reference; 30 TAC §290.42(l), by failing to compile and maintain a thorough plant operations manual; 30 TAC §290.44(h)(1)(A), by failing to ensure that a backflow prevention assembly or an air gap is installed at all residences and establishments where an actual or potential contamination hazards exists; 30 TAC §290.46(j) and TCEQ Agreed Order Docket Number 2006-0336-PWS-E, Ordering Provision Number 2.c.ii, by failing to complete customer service inspection reports prior to providing continuous water service to new construction; 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; 30 TAC §290.43(c)(3), by failing to maintain the overflow on the facility's standpipe in strict accordance with American Water Works Association (AWWA) standards; 30 TAC §290.44(d)(1), by failing to properly install all air release devices at all points where topography or other factors may create air locks in the lines; 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 facility and its equipment; PENALTY: $6,340; Supplemental Environmental Project (SEP) offset amount of $6,340 applied to Texas Association of Resource Conservation and Development Areas, Inc. (RC&D) - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: CNBG Cleaning, Limited dba Pilgrim Cleaners of San Antonio; DOCKET NUMBER: 2009-2038-DCL-E; IDENTIFIER: RN105833446; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: dry cleaning drop station; RULE VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to register a new dry cleaning facility and/or dry cleaning drop station prior to operation; PENALTY: $1,174; ENFORCEMENT COORDINATOR: Philip Aldridge, (512) 239-0855; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Copperas Cove MHC, L.L.C. dba Cedar Grove Mobile Home Park; DOCKET NUMBER: 2009-1980-MLM-E; IDENTIFIER: RN101186724; LOCATION: Coryell County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.110(b)(4), by failing to maintain a residual disinfectant concentration in the water within the distribution system of at least 0.2 milligrams per liter (mg/L) free chlorine or 0.5 mg/L total chlorine; 30 TAC §290.46(e)(3)(A), by failing to ensure that the facility is at all times operated under the direct supervision of a water works operator that holds a valid class "D" or higher license; 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system; 30 TAC §290.46(f)(2), (3)(A)(ii)(III), and (E)(i), by failing to keep on file and make available for review an up-to-date record of water works operations and maintenance activities for operator review and reference; 30 TAC §290.42(l), by failing to compile and maintain a thorough plant operations manual for operator review and reference; 30 TAC §290.45(f)(5), by failing to obtain a purchase water contract that authorizes a maximum hourly production rate plus the actual service pump capacity of at least two gallons per minute (gpm) per connection; 30 TAC §290.45(f)(4), by failing to obtain a purchase water contract that authorizes a maximum authorized daily purchase rate plus the actual production capacity of at least 0.6 gpm per connection; and 30 TAC §288.20(a) and §288.30(5)(B), by failing to adopt a drought contingency plan which includes all elements for municipal use by a retail public water supplier; PENALTY: $5,207; SEP offset amount of $2,083 applied to RC&D - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(6) COMPANY: James D. Satterwhite dba Dannys Automotive; DOCKET NUMBER: 2009-1881-PST-E; IDENTIFIER: RN104488648; LOCATION: Ferris, Ellis County; TYPE OF FACILITY: automobile repair shop and hardware retail store; RULE VIOLATED: 30 TAC §334.55(a)(6), by failing to conduct the required release determination in conjunction with permanent removal of the UST system from service; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding UST fees and associated late fees; PENALTY: $2,675; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Dover Fluid Management, Inc.; DOCKET NUMBER: 2010-0495-WQ-E; IDENTIFIER: RN103219242; LOCATION: Tyler, Smith County; TYPE OF FACILITY: compressor components; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(8) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2009-2024-AIR-E; IDENTIFIER: RN100210319; LOCATION: La Porte, Harris County; TYPE OF FACILITY: polymer manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 18978, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $30,000; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: FIKES WHOLESALE, INC. dba CEFCO 10; DOCKET NUMBER: 2009-1917-PST-E; IDENTIFIER: RN102450533; LOCATION: Waco, McLennan County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(d)(1)(D) and the Code, §26.3475(d), by failing to take required actions within 60 days of a determination by a qualified corrosion protection specialist that components are not protected from corrosion; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube for each regulated UST; 30 TAC §334.72(3), by failing to maintain the required UST records and make them immediately available for inspection; 30 TAC §334.72(3), by failing to report a suspected release; and 30 TAC §334.74, by failing to investigate a suspected release within 30 days of discovery; PENALTY: $14,725; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: Flint Hills Resources, LP; DOCKET NUMBER: 2009-1999-AIR-E; IDENTIFIER: RN100217389; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(3), 116.715(a), and 122.143(4), Flexible Air Permit Number 16989 and PSD-TX-794, SC Number 1, Federal Operating Permit (FOP) Number O-01317, SC Number 22, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $17,550; SEP offset amount of $7,020 applied to South East Texas Regional Planning Commission - West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(11) COMPANY: City of Franklin; DOCKET NUMBER: 2009-0852-MWD-E; IDENTIFIER: RN101917425; LOCATION: Franklin, Robertson County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010440001, Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, TCEQ Agreed Order Docket Number 2005-0968-MWD-E, Ordering Provision Number 2, and the Code, §26.121(a)(1), by failing to comply with permitted effluent limits; PENALTY: $47,310; SEP offset amount of $47,310 applied to RC&D - Household Hazardous Waste Clean-Up; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: Hunter Road Investments, LLC dba Blue Agave Mobile Home Park; DOCKET NUMBER: 2009-2008-PWS-E; IDENTIFIER: RN101272581; LOCATION: San Marcos, Hays County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a), by failing to operate the facility under the direct supervision of a water works operator who holds a Class "D" or higher license; 30 TAC §290.46(f)(2), (3)(A)(i)(III) and (ii)(III), and (D)(ii), by failing to provide facility records to commission personnel at time of the investigation; 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the facility's pressure tank; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement that covers the land within 150 feet of the facility's well; 30 TAC §290.41(c)(3)(M), by failing to provide a sampling cock on the facility's well discharge line; 30 TAC §290.43(c)(4), by failing to provide the ground storage tank with a water level indicator; and 30 TAC §290.43(c)(6), by failing to maintain all water storage tanks thoroughly tight against leakage; PENALTY: $2,780; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(13) COMPANY: Ben Ly dba Kwik Stop; DOCKET NUMBER: 2009-2085-PST-E; IDENTIFIER: RN102790003; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the USTs for releases; 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to equip each tank with a valve or other appropriate device designed to automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches a preset level no higher than the 95% capacity level for the tank; and 30 TAC §334.48(b), by failing to operate, maintain, and manage UST systems in accordance with accepted industry practices; PENALTY: $5,770; ENFORCEMENT COORDINATOR: Theresa Hagood, (512) 239-2540; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: Leverett's Chapel Water Supply Corporation; DOCKET NUMBER: 2009-2082-PWS-E; IDENTIFIER: RN101457455; LOCATION: Overton, Rusk County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.43(c)(3), by failing to design the overflow on the ground storage tank in strict accordance with current AWWA standards; and 30 TAC §290.45(b)(1)(C)(iv), by failing to provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; PENALTY: $952; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(15) COMPANY: Lisa Lowery Trust; DOCKET NUMBER: 2009-1817-PWS-E; IDENTIFIER: RN102321486; LOCATION: Comal County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect routine distribution water samples for coliform analysis and by failing to provide notice to persons served by the facility regarding the failure to conduct routine coliform monitoring; 30 TAC §290.109(f)(3) §290.122(b)(2)(B), by exceeding the maximum contaminant level (MCL) for total coliform and by failing to provide notice to persons served by the facility regarding the exceedance of the MCL for total coliform; and 30 TAC §290.109(c)(2)(F), by failing to collect at least five distribution coliform samples the month following a total coliform-positive result; PENALTY: $2,382; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(16) COMPANY: M & F HOLDINGS, INC. dba Gas N More; DOCKET NUMBER: 2009-1971-PST-E; IDENTIFIER: RN101737419; LOCATION: Humble, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(6) and THSC, §382.085(b), by failing to maintain Stage II records at the station; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $7,268; ENFORCEMENT COORDINATOR: Tate Barrett, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(17) COMPANY: Melrose Water Supply Corporation; DOCKET NUMBER: 2009-2010-PWS-E; IDENTIFIER: RN102689346; LOCATION: Nacogdoches, Nacogdoches County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.46(m)(1)(B), by failing to conduct an inspection of the interior of the pressure tanks at least once every five years; 30 TAC §290.43(c)(8), by failing to maintain the facility's storage tanks so that they are painted, disinfected, and maintained in strict accordance with current AWWA standards; 30 TAC §290.47(e), by failing to issue a boil water notification within 24 hours using the prescribed notification format; 30 TAC §290.46(r), by failing to operate the facility to maintain a minimum pressure of 35 pounds per square inch throughout the distribution system; 30 TAC §290.41(c)(3)(K), by failing to provide a 16-mesh or finer corrosion-resistant screen on the casing vent; 30 TAC §290.43(c)(4), by failing to provide all water storage tanks with a water level indicator located at the tank site; 30 TAC §290.43(d)(2), by failing to provide the 2,000 gallon pressure tank with a pressure release device; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices at the facility to ensure the good working condition and general appearance of the facility and its equipment; 30 TAC §290.43(c)(2), by failing to ensure that the roof hatch on the ground storage tank remains locked except during inspections and maintenance; 30 TAC §290.46(m)(4), by failing to maintain all treatment units, storage, pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition; 30 TAC §290.46(f)(2), by failing to provide facility records to commission personnel at the time of the investigation; 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meters at least once every three years; 30 TAC §290.39(j)(1)(A) and THSC, §341.0351, by failing to notify the commission prior to making any significant change or addition where the change in the existing distribution system results in an increase or decrease in production, treatment, storage, or pressure maintenance capacity; 30 TAC §290.44(h)(1)(A), by failing to ensure that a backflow prevention assembly or an air gap is installed at all residences and establishments; 30 TAC §290.46(u), by failing to plug and seal an abandoned PWS or return the well to a non-deteriorated condition; and 30 TAC §290.43(c)(6), by failing to maintain all treatment units, storage, pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition; PENALTY: $20,348; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(18) COMPANY: MST Lumberton Properties, Limited; DOCKET NUMBER: 2010-0066-WQ-E; IDENTIFIER: RN105518153; LOCATION: Lumberton, Hardin County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §305.125(1) and TPDES General Permit Number TXR15KP16, Part III Section D.2., by failing to post a construction site notice containing all required information; 30 TAC §305.125(1) and TPDES General Permit Number TXR15KP16, Part III Section B.2(b), F.1(g)(iii), and F.3., by failing to include all required information in the storm water pollution plan; 30 TAC §305.125(1), TPDES General Permit Number TXR15KP16, Part III Section F.2(a) and F.6., and the Code, §26.121(a), by failing to properly design and maintain sediment controls to retain sediment on-site and prevent the discharge of sediment to any water in the state; and 30 TAC §305.125(1) and TPDES General Permit Number TXR15KP16, Part III Section F.7(e), by failing include certification language in inspection reports when no incidents of noncompliance are identified; PENALTY: $1,530; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(19) COMPANY: Pinak Corporation dba Korner Food Mart 4; DOCKET NUMBER: 2009-1983-PST-E; IDENTIFIER: RN102233046; LOCATION: Dickinson, Galveston County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $3,076; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(20) COMPANY: Post Acute Medical at San Antonio, LLC dba Warm Springs Rehabilitation Hospital of San Antonio, LLC; DOCKET NUMBER: 2009-1825-PST-E; IDENTIFIER: RN103046702; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: rehabilitation; RULE VIOLATED: 30 TAC §334.10(b), by failing to have the required UST records maintained, readily accessible, and made available for inspection; 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the UST; 30 TAC §334.8(c)(4)(B) 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 delivery certificate; 30 TAC §334.42(i), by failing to conduct the required inspections on the UST system's sumps to assure that they were liquid tight and free from liquids or debris; 30 TAC §334.45(c)(3)(B), by failing to provide flexible connectors at both ends of each pressurized product or delivery line to provide flexibility and to allow for vertical and horizontal movement in the piping; 30 TAC §334.46(g), by failing to ensure that the observation well access vault or manhole is equipped with a liquid-tight cover and the observation well is properly capped, labeled, and secured or locked to prevent unauthorized access, tampering, and any deliberate or accidental depositing of unauthorized substances; and 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide corrosion protection to all underground metal components of a UST system; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(21) COMPANY: City of Rose City; DOCKET NUMBER: 2010-0202-PWS-E; IDENTIFIER: RN102676269; LOCATION: Rose City, Orange County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the MCL for total trihalomethanes; PENALTY: $457; ENFORCEMENT COORDINATOR: Anna Meier, (512) 239-1370; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(22) COMPANY: Round Rock Independent School District; DOCKET NUMBER: 2010-0151-EAQ-E; IDENTIFIER: RN105569248; LOCATION: Austin, Williamson County; TYPE OF FACILITY: Westwood High School baseball fields; RULE VIOLATED: 30 TAC §213.4(j)(1) and water pollution abatement plan (WPAP) Number 11-08061801, Standard Condition Number 6, by failing to obtain approval for a modification of a previously approved Edwards Aquifer WPAP prior to construction of the modification; 30 TAC §213.5(f)(1)(A)(i) and WPAP Number 11-08061801, Standard Condition Number 7, by failing to comply with the terms of the approved WPAP; PENALTY: $9,375; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(23) COMPANY: S & A LEE CORPORATION dba Comet Cleaners; DOCKET NUMBER: 2009-1974-DCL-E; IDENTIFIER: RN103970257; LOCATION: Sherman, Grayson County; TYPE OF FACILITY: dry cleaning; RULE VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form for a dry cleaning facility and/or dry cleaning drop station; PENALTY: $950; ENFORCEMENT COORDINATOR: Philip Aldridge, (512) 239-0855; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: SADA BAHAR, INC.; DOCKET NUMBER: 2009-1988-PST-E; IDENTIFIER: RN102966447; LOCATION: Ennis, Ennis County; TYPE OF FACILITY: USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system; and 30 TAC §334.54(b), by failing to maintain all piping, pumps, manways, and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $4,750; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(25) COMPANY: City of Santa Rosa; DOCKET NUMBER: 2009-1899-MWD-E; IDENTIFIER: RN101918696; LOCATION: Santa Rosa, Cameron County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number WQ0010330001, Operational Requirements Number 4, by failing to maintain adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures; PENALTY: $3,125; SEP offset amount of $2,500 applied to RC&D - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-44980; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(26) COMPANY: Terra Southwest, Inc.; DOCKET NUMBER: 2010-0099-PWS-E; IDENTIFIER: RN101265882; LOCATION: Denton County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i) and THSC, §341.0315(c), by failing to provide a well capacity of 0.6 gpm per connection; 30 TAC §290.46(f)(2), (3)(D)(ii) and (E)(i), by failing to maintain records of water works operation and maintenance activities and make them available to commission personnel at the time of the investigation; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement; 30 TAC §290.46(t), by failing to post a legible sign at the facility that contains the name of the water supply and emergency telephone numbers; and 30 TAC §290.42(l), by failing to maintain a plant operations manual for operator review and reference at the facility and make it available to commission personnel at the time of the investigation; PENALTY: $392; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(27) COMPANY: Texas Department of Criminal Justice; DOCKET NUMBER: 2009-2041-PWS-E; IDENTIFIER: RN105614580; LOCATION: Burleson County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.46(n)(2), by failing to provide an accurate and up-to-date map of the distribution system; 30 TAC §290.46(f)(2) and (3)(D)(ii), by failing to keep on file and make available for review an up-to-date record of water works operations and maintenance activities; 30 TAC §290.44(h)(1)(A), by failing to install a backflow prevention assembly or an air gap where an actual or potential contamination hazards exist; 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; 30 TAC §290.110(c)(4)(A), by failing to monitor the residual disinfectant concentration at representative locations in the distribution system; 30 TAC §290.110(b)(4), by failing to maintain a residual disinfectant concentration in the water within the distribution system of at least 0.2 mg/L total chlorine; 30 TAC §290.46(q)(1), by failing to issue a boil water notice; 30 TAC §290.45(d)(2)(B)(v), by failing to provide a minimum pressure tank capacity of 220 gallons; 30 TAC §290.43(e), by failing to provide an intruder-resistant fence or lockable building to protect the ground storage tanks; 30 TAC §290.41(c)(3)(A), by failing to obtain approval by the executive director prior to placing a well into service as a public drinking water source; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block that extends at least three feet from the exterior well casing in all directions; 30 TAC §290.41(c)(3)(K), by failing to properly seal the wellhead with the use of gaskets or a pliable crack-resistant caulking compound; and 30 TAC §290.41(c)(3)(N), by failing to provide a flow measuring device for the facility's well; PENALTY: $3,425; SEP offset amount of $2,740 applied to RC&D - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(28) COMPANY: Total Petrochemicals USA, Inc.; DOCKET NUMBER: 2009-1921-AIR-E; IDENTIFIER: RN102457520; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical refinery; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP Number O-01267, General Condition and SC Number 28, Air Permit Numbers 54026, 9195A, and 54026, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $38,300; SEP offset amount of $15,320 applied to Southeast Texas Regional Planning Commission - Southeast Texas Regional Air Monitoring Network Ambient Air Monitoring Station; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(29) COMPANY: Total Petrochemicals USA, Inc.; DOCKET NUMBER: 2009-2089-AIR-E; IDENTIFIER: RN102457520; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical refinery; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP Number O-02222, SC Number 14, Air Permit Number 20381, SC Number 1, and THSC, §382.085(b), by failing to maintain allowable emission rates; PENALTY: $38,800; SEP offset amount of $15,520 applied to Southeast Texas Regional Planning Commission - Southeast Texas Regional Air Monitoring Network Ambient Air Monitoring Station; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(30) COMPANY: Tyler County; DOCKET NUMBER: 2009-1989-MLM-E; IDENTIFIER: RN105693725; LOCATION: Chester, Tyler County; TYPE OF FACILITY: maintenance and storage yard; RULE VIOLATED: 30 TAC §324.6 and 40 Code of Federal Regulations §279.22(d), by failing to perform cleanup actions upon detection of a release of used oil to the environment; and 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $2,315; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

TRD-201001772

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 13, 2010


Enforcement Orders

An agreed order was entered regarding Inara Convenience Inc. dba Rosedale Texaco and dba Flip In Market, Docket No. 2008-0094-PST-E on March 30, 2010 assessing $23,450 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Sallans, Staff Attorney at (512) 239-2053, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Arnold J. Garcia, Docket No. 2008-0716PST-E on March 30, 2010 assessing $7,350 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tammy Mitchell, Staff Attorney at (512) 239-0736, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mooney Airplane Company, Inc., Docket No. 2008-0882-MLM-E on March 30, 2010 assessing $5,450 in administrative penalties with $1,090 deferred.

Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2008-1123-AIR-E on March 30, 2010 assessing $5,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Farhan Memon dba Peachtree, Docket No. 2008-1564-PST-E on March 30, 2010 assessing $5,046 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hina Enterprises, Inc. dba OJS Mobil Mart, Docket No. 2008-1667-PST-E on March 30, 2010 assessing $10,297 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Phillip Goodwin, P.G., Staff Attorney at (512) 239-0675, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sook Park dba Park & Buy, Docket No. 2008-1945-PST-E on March 30, 2010 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding D & K Development Corp., Docket No. 2009-0143-MWD-E on March 30, 2010 assessing $62,400 in administrative penalties with $19,212 deferred.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Herlinda Deleon Enterprises, Inc., Docket No. 2009-0614-IWD-E on March 30, 2010 assessing $2,279 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tammy Mitchell, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Blanca Cruz dba Las Mananitas Mexican Restaurant, Docket No. 2009-0695-PWS-E on March 30, 2010 assessing $2,535 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Stephanie Frazee, Staff Attorney at (512) 239-3693, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Glen L. Grandy, Jr. dba S & M Vacuum & Liquid Waste Processing Facility, Docket No. 2009-0716-MLM-E on March 30, 2010 assessing $17,706 in administrative penalties with $3,541 deferred.

Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2602, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding John L. Moore, Docket No. 2009-0905-WOC-E on March 30, 2010 assessing $718 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Stephanie Frazee, Staff Attorney at (512) 239-3693, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Knife River Corporation - South, Docket No. 2009-1006-IWD-E on March 30, 2010 assessing $13,707 in administrative penalties with $2,741 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding INEOS USA LLC, Docket No. 2009-1084-AIR-E on March 30, 2010 assessing $40,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kirk Schoppe, Enforcement Coordinator at (512) 239-0489, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Gilbert Rodriguez, Sr., Docket No. 2009-1085-MLM-E on March 30, 2010 assessing $9,386 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Sallans, Staff Attorney at (512) 239-2053, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Custom Water Co., L.L.C., Docket No. 2009-1092-PWS-E on March 30, 2010 assessing $2,373 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-0629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Susan Richter, Docket No. 2009-1094-WOC-E on March 30, 2010 assessing $1,367 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Combs, Staff Attorney at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ella L. Lind, Docket No. 2009-1102-PST-E on March 30, 2010 assessing $3,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Magnum Blue Ribbon Feeds, Inc. Docket No. 2009-1113-AIR-E on March 30, 2010 assessing $1,550 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Coston & Son, Inc., Docket No. 2009-1220-IWD-E on March 30, 2010 assessing $10,440 in administrative penalties with $2,088 deferred.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2009-1221-IHW-E on March 30, 2010 assessing $40,550 in administrative penalties with $8,110 deferred.

Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Franciscus Berdine Gerrits dba Gerrits Dairy, Docket No. 2009-1249-AGR-E on March 30, 2010 assessing $19,093 in administrative penalties with $3,818 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding The Dow Chemical Company, Docket No. 2009-1251-AIR-E on March 30, 2010 assessing $146,917 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Buffalo, Docket No. 2009-1267-MWD-E on March 30, 2010 assessing $3,425 in administrative penalties with $685 deferred.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Mart, Docket No. 2009-1302-MWD-E on March 30, 2010 assessing $3,725 in administrative penalties with $745 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of McGregor, Docket No. 2009-1303-MWD-E on March 30, 2010 assessing $3,825 in administrative penalties with $765 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding L. Guerrero & Sons Ready-Mix Company, Docket No. 2009-1307-WQ-E on March 30, 2010 assessing $2,100 in administrative penalties with $420 deferred.

Information concerning any aspect of this order may be obtained by contacting Steve Villatoro, Enforcement Coordinator at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding V D N Enterprises, Inc. dba Ridgewood Mart, Docket No. 2009-1311-PST-E on March 30, 2010 assessing $7,721 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sharesa Alexander, Staff Attorney at (512) 239-3503, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gary Blackwood, Docket No. 2009-1330-LII-E on March 30, 2010 assessing $188 in administrative penalties with $37 deferred.

Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Randy Buxton, Docket No. 2009-1332-MSW-E on March 30, 2010 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Phillip Goodwin, P.G., Staff Attorney at (512) 239-0675, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PREMIER RECYCLERS, L.L.C. Docket No. 2009-1336-MLM-E on March 30, 2010 assessing $5,246 in administrative penalties with $1,049 deferred.

Information concerning any aspect of this order may be obtained by contacting Theresa Hagood, Enforcement Coordinator at (512) 239-2540, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding West Body Shop, Inc., Docket No. 2009-1339-MLM-E on March 30, 2010 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Helena Chemical Company, Docket No. 2009-1341-AIR-E on March 30, 2010 assessing $2000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TARPLEY, INC. dba Texaco Distributing of SW Texas, Docket No. 2009-1349-PST-E on March 30, 2010 assessing $12,584 in administrative penalties with $2,516 deferred.

Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tom Green County Fresh Water Supply District 2, Docket No. 2009-1374-PWS-E on March 30, 2010 assessing $2,534 in administrative penalties with $506 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Eagle Rock Field Services, L.P., Docket No. 2009-1396-AIR-E on March 30, 2010 assessing $1,976 in administrative penalties with $395 deferred.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Hempstead, Docket No. 2009-1401-MWD-E on March 30, 2010 assessing $15,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GTE Southwest Incorporated, Docket No. 2009-1411-PST-E on March 30, 2010 assessing $3,314 in administrative penalties with $662 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Leading Edge Aviation Services, Inc., Docket No. 2009-1427-AIR-E on March 30, 2010 assessing $27,520 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Eagle Rock Field Services, L.P., Docket No. 2009-1432-AIR-E on March 30, 2010 assessing $2,730 in administrative penalties with $546 deferred.

Information concerning any aspect of this order may be obtained by contacting Kirk Schoppe, Enforcement Coordinator at (512) 239-0489, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2009-1466-AIR-E on March 30, 2010 assessing $2,650 in administrative penalties with $530 deferred.

Information concerning any aspect of this order may be obtained by contacting Raymond Marlow, Enforcement Coordinator at (409) 899-8785, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Orange County Container Group LLC, Docket No. 2009-1501-AIR-E on March 30, 2010 assessing $5,162 in administrative penalties with $1,032 deferred.

Information concerning any aspect of this order may be obtained by contacting Kirk Schoppe, Enforcement Coordinator at (512) 239-0489, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Juan Loya dba The Weekenders Complete Lawn Service, Docket No. 2009-1530-LII-E on March 30, 2010 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Philip Aldridge, Enforcement Coordinator at (512) 239-0855, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sac-N-Pac Stores, Inc. dba Sac-N-Pac 108, Docket No. 2009-1537-PST-E on March 30, 2010 assessing $6,900 in administrative penalties with $1,380 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael Pace, Enforcement Coordinator at (817) 588-5933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2009-1549-AIR-E on March 30, 2010 assessing $6,150 in administrative penalties with $1,230 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (361) 825-3420, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ellinger Sewer and Water Supply Corporation, Docket No. 2009-1569-MWD-E on March 30, 2010 assessing $4,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jordan Jones, Enforcement Coordinator at (512) 239-2569, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Capital One, National Association, Docket No. 2009-1578-WQ-E on March 30, 2010 assessing $10,500 in administrative penalties with $2,100 deferred.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lyondell Chemical Company, Docket No. 2009-1581-AIR-E on March 30, 2010.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TIN Inc. dba Temple-Inland, Docket No. 2009-1582-AIR-E on March 30, 2010 assessing $5,877 in administrative penalties with $1,175 deferred.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lee A. Walker and T-MC LLC, Docket No. 2009-1588-PST-E on March 30, 2010 assessing $2,625 in administrative penalties with $525 deferred.

Information concerning any aspect of this order may be obtained by contacting Theresa Hagood, Enforcement Coordinator at (512) 239-2540, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Trinidad, Docket No. 2009-1628-PWS-E on March 30, 2010 assessing $1,776 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2558, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TORI ROSE LAND, INC. dba Millen Oil Company, Docket No. 2009-1630-PST-E on March 30, 2010 assessing $2,683 in administrative penalties with $539 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael Pace, Enforcement Coordinator at (817) 588-5933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Maypearl, Docket No. 2009-1641-MWD-E on March 30, 2010 assessing $17,730 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AVAIS ENTERPRISES, INC. dba New Shop-N-Drive, Docket No. 2009-1645-PST-E on March 30, 2010 assessing $2,418 in administrative penalties with $483 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator at (512) 239-2563, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THE MACHI CORPORATION, Docket No. 2009-1655-PST-E on March 30, 2010 assessing $2,625 in administrative penalties with $525 deferred.

Information concerning any aspect of this order may be obtained by contacting Tate Barrett, Enforcement Coordinator at (713) 422-8968, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Al's Investments, Inc., Docket No. 2009-1658-PWS-E on March 30, 2010 assessing $535 in administrative penalties with $107 deferred.

Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DCP Midstream, LP, Docket No. 2009-1718-AIR-E on March 30, 2010 assessing $5,355 in administrative penalties with $1,071 deferred.

Information concerning any aspect of this order may be obtained by contacting Kirk Schoppe, Enforcement Coordinator at (512) 239-0489, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Norit Americas, Inc., Docket No. 2009-1722-AIR-E on March 30, 2010 assessing $3,456 in administrative penalties with $691 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Podlipny, Enforcement Coordinator at (512) 239-2603, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding B & Y Enterprise Inc dba B & Y Grocery, Docket No. 2009-1723-PST-E on March 30, 2010 assessing $2,870 in administrative penalties with $574 deferred.

Information concerning any aspect of this order may be obtained by contacting Philip Aldridge, Enforcement Coordinator at (512) 239-0855 Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Berryville, Docket No. 2009-1728-PWS-E on March 30, 2010 assessing $305 in administrative penalties with $61 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Wallace Allen Raynor dba Sun Acres Mobile Home Park, Docket No. 2009-1732-PWS-E on March 30, 2010 assessing $405 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding The Consolidated Water Supply Corporation, Docket No. 2009-1746-PWS-E on March 30, 2010 assessing $1,210 in administrative penalties with $242 deferred.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2558, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Guillermo Romero, Docket No. 2009-1768-LII-E on March 30, 2010 assessing $564 in administrative penalties with $112 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator at (512) 239-2563, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Henrietta, Docket No. 2009-1774-MWD-E on March 30, 2010 assessing $5,074 in administrative penalties with $1,014 deferred.

Information concerning any aspect of this order may be obtained by contacting Lanae Foard, Enforcement Coordinator at (512) 239-2554, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Gonzales, Docket No. 2009-1814-MWD-E on March 30, 2010 assessing $3,525 in administrative penalties with $705 deferred.

Information concerning any aspect of this order may be obtained by contacting Carlie Konkol, Enforcement Coordinator at (512) 239-0735, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Beaumont, Docket No. 2009-1850-WQ-E on March 30, 2010 assessing $1,500 in administrative penalties with $300 deferred.

Information concerning any aspect of this order may be obtained by contacting Lanae Foard, Enforcement Coordinator at (512) 239-2554, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Comal County, Docket No. 2009-1908-EAQ-E on March 30, 2010 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding DECOTY COFFEE COMPANY, Docket No. 2009-1873-WQ-E on March 30, 2010 assessing $700 in administrative penalties.

Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, Field Citation Coordinator at (512) 239-1769, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding David Besser Homes, LLC, Docket No. 2009-1874-WQ-E on March 30, 2010 assessing $700 in administrative penalties.

Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, Field Citation Coordinator at (512) 239-1769, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding Scott Passmore, Docket No. 2009-2044-WOC-E on March 30, 2010 assessing $210 in administrative penalties.

Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, Field Citation Coordinator at (512) 239-1769, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201001804

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 14, 2010


Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 24, 2010. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 24, 2010. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: City of Crowell and Foard County; DOCKET NUMBER: 2007-1857-MSW-E; TCEQ ID NUMBER: RN101478261; LOCATION: Highway 7045 and Farm to Market Road 267, Foard County; TYPE OF FACILITY: municipal solid waste landfill; RULES VIOLATED: 30 TAC §37.111 (formerly 30 TAC §330.9, effective December 30, 1996; amended to be effective March 21, 2000) and TCEQ AO Docket Number 1998-0666-MSW-E, Ordering Provision 5.b.1.A., by failing to provide financial assurance; 30 TAC §330.165(c), (d), (e), (f), (g), and (h) and §330.219(a) (formerly 30 TAC §330.113(a) and §330.133(e) - (g), effective March 27, 2006), by failing to maintain records at the facility showing the daily, intermediate, and final cover within the landfill; 30 TAC §330.127 (formerly 30 TAC §330.114, effective March 27, 2006), by failing to have an approved Site Operating Plan (SOP) for type 1 landfill; and 30 TAC §330.143(a) (formerly 30 TAC §330.122, effective March 27, 2006), by failing to have grid, buffer, and boundary markers within the type 1 landfill; PENALTY: $11,500; Supplemental Environmental Project offset amount of $17,250 applied to Foard County; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(2) COMPANY: Downstream Environmental, L.L.C.; DOCKET NUMBER: 2008-1660-WQ-E; TCEQ ID NUMBER: RN101662617; LOCATION: 3737 Walnut Bend Lane, Houston, Harris County; TYPE OF FACILITY: septic waste disposal facility; RULES VIOLATED: 40 Code of Federal Regulations §122.26(c) and 30 TAC §281.25(a)(4), by failing to obtain an appropriate wastewater discharge permit; PENALTY: $3,210; STAFF ATTORNEY: Anna Treadwell, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: James Benefield; DOCKET NUMBER: 2009-0081-WR-E; TCEQ ID NUMBER: RN105659197; LOCATION: approximately 800 feet north of the intersection of Bear Creek Road and County Road 268, Burnet County; TYPE OF FACILITY: concrete embankment that serves as a bridge; RULES VIOLATED: 30 TAC §297.11 and TWC, §11.121, by failing to obtain a water rights permit prior to diverting, impounding, storing, taking or using state water; PENALTY: $1,000; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(4) COMPANY: Kea Investments, Inc.; DOCKET NUMBER: 2007-1997-PST-E; TCEQ ID NUMBER: RN101781615; LOCATION: 4632 State Highway 198, Malakoff, Henderson County; TYPE OF FACILITY: three inactive underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.47(a)(2) and §334.54(b), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $3,125; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(5) COMPANY: R.C. McBryde Oil Company; DOCKET NUMBER: 2009-0514-PST-E; TCEQ ID NUMBER: RN101617074; LOCATION: 115 South Segovia Access Road, Junction, Kimble County; TYPE OF FACILITY: five USTs; RULES VIOLATED: 30 TAC §334.51(b)(2)(B)(i) and TWC, §26.3475(c)(2), by failing to equip the UST system with a spill containment device designed to prevent the release of regulated substances into the environment when the transfer hose or line is detached from the fill pipe; 30 TAC §334.48(a) and TWC, §26.121, by failing to prevent an unauthorized discharge of diesel fuel into or adjacent to any water in the state; 30 TAC §334.48(a), by failing to prevent an unauthorized discharge of petroleum substances; 30 TAC §334.72(2), by failing to report a suspected release to the TCEQ within 24 hours of the discovery; and 30 TAC §334.74(1), by failing to investigate a suspected release of regulated substances within 30 days of discovery; PENALTY: $67,600; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (325) 655-9479.

(6) COMPANY: Sid Richardson Carbon, Ltd.; DOCKET NUMBER: 2009-1045-AIR-E; TCEQ ID NUMBER: RN100226026; LOCATION: Midway Road, one-mile north of Interstate Highway 20, Big Spring, Howard County; TYPE OF FACILITY: carbon black production plant; RULES VIOLATED: 30 TAC §101.20(3) and §116.115(c), New Source Review Permit Number 6580/PSD-TX-151, Special Condition (SC) Number 3, and Texas Health Safety Code (THSC), §382.085(b), by failing to record opacity readings three days per week; 30 TAC §101.20(3) and §116.115(c), New Source Review Permit Number 6580/PSD-TX-151, SC Numbers 3 and 11G, and THSC, §382.085(b), by failing to conduct and record three weekly opacity readings as required for each facility authorized by the permit; and 30 TAC §122.145(2)(A) and THSC, §382.085(b), by failing to report each instance of a deviation in the semi-annual deviation reports; PENALTY: $10,602; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5406, (915) 570-1359.

TRD-201001773

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 13, 2010


Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 24, 2010. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 24, 2010. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Devin Borjas; DOCKET NUMBER: 2009-1805-PST-E; TCEQ ID NUMBER: RN101905164; LOCATION: 501 South Main Street, Hale Center, Hale County; TYPE OF FACILITY: four inactive underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition; and 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $3,675; STAFF ATTORNEY: Mike Fishburn, Litigation Division, MC 175, (512) 239-0635; REGIONAL OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421, (806) 796-7092.

(2) COMPANY: Donald Stewart dba Riviera Truck and Auto Service; DOCKET NUMBER: 2009-0816-PST-E; TCEQ ID NUMBER: RN101680528; LOCATION: one-half mile south of the traffic light in Riviera, Kleberg County; TYPE OF FACILITY: auto repair shop with three inactive USTs; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days from the date of the occurrence of the change or addition; 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Account Number 0004416U for Fiscal Years 1988 - 2007; PENALTY: $8,925; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-12, (210) 403-4016; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: Flat Rock Minerals, L.L.C.; DOCKET NUMBER: 2009-0421-WQ-E; TCEQ ID NUMBER: RN105497176; LOCATION: Lafayette Creek Ranch on Farm-to-Market (FM) Road 2796, 3.2 miles west of the intersection of FM Road 2796 and FM Road 557, Upshur County; TYPE OF FACILITY: sand and gravel mining operation; RULES VIOLATED: TWC, §26.121, by failing to prevent the unauthorized discharge of any pollutant into or adjacent to any water in the state; PENALTY: $10,650; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: Fuller Oil Co., Inc.; DOCKET NUMBER: 2009-2055-PST-E; TCEQ ID NUMBER: RN100532803; LOCATION: 535 East Avenue G, Silsbee, Hardin County; TYPE OF FACILITY: former retail gasoline facility; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition; 30 TAC §334.47(a)(2) and §334.54(b)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Account Number 23702731 for Fiscal Years 2006 - 2007; PENALTY: $5,425; STAFF ATTORNEY: Sharesa Y. Alexander, Litigation Division, MC 175, (512) 239-3503; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(5) COMPANY: K & R Holdings, Inc.; DOCKET NUMBER: 2009-1883-PST-E; TCEQ ID NUMBER: RN101772572; LOCATION: 7601 East Houston Road, Houston, Harris County; TYPE OF FACILITY: three inactive USTs; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition; and 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $3,675; STAFF ATTORNEY: Sharesa Y. Alexander, Litigation Division, MC 175, (512) 239-3503; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: Mark William Dailey; DOCKET NUMBER: 2009-0902-LII-E; TCEQ ID NUMBER: RN103281267; LOCATION: 25661 Highway 281 North, Suite 100, San Antonio, Bexar County; TYPE OF FACILITY: landscape irrigation company; RULES VIOLATED: 30 TAC §344.72, by failing to adhere to terms of a warranty for the installation of a new irrigation system; 30 TAC §344.61(b), by failing to note on irrigation plans that the irrigation system did not provide complete coverage of the area to be irrigated; and 30 TAC §344.70(b), by failing to include in all advertisements the irrigator's license number in the form of "LI____"; PENALTY: $852; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(7) COMPANY: Matthew A. Pryor; DOCKET NUMBER: 2009-1495-PST-E; TCEQ ID NUMBER: RN101737393; LOCATION: 500 Reverend Ransom Howard Street, Port Arthur, Jefferson County; TYPE OF FACILITY: former retail gasoline station with three USTs; RULES VIOLATED: 30 TAC §334.47(a)(2) and §334.54(b) and (d)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements, and failing to ensure that any residue from stored regulated substances which remained in a temporarily out of service UST did not exceed 2.5 centimeters at the deepest point and did not exceed 0.3% by weight of the system at full capacity; and 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding USTs, within 30 days from the date of occurrence of the change or addition; PENALTY: $8,925; STAFF ATTORNEY: Sharesa Y. Alexander, Litigation Division, MC 175, (512) 239-3503; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(8) COMPANY: Pedro Sanchez dba Pedro's Lawn Service; DOCKET NUMBER: 2009-1709-LII-E; TCEQ ID NUMBER: RN105558472; LOCATION: 1213 Warrington Drive, Austin, Travis County; TYPE OF FACILITY: landscaping business; RULES VIOLATED: TWC, §37.003, Texas Occupations Code, §1903.251, and 30 TAC §30.5(b) and §344.30(a)(2), by failing to refrain from advertising or representing himself to the public as a holder of a license or registration unless he possessed a current registration or unless he employed an individual who holds a current license; PENALTY: $262; STAFF ATTORNEY: Marshall Coover, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(9) COMPANY: Rodman, L.L.C.; DOCKET NUMBER: 2009-1294-MSW-E; TCEQ ID NUMBER: RN105772016; LOCATION: 1409 FM Road 2931, Aubrey, Denton County; TYPE OF FACILITY: unauthorized mulch and composting facility; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized storage and disposal of municipal solid waste; and 30 TAC §332.8(b)(1), by failing to maintain the set back distance of at least 50 feet from all property boundaries to the edge of the area receiving, processing, or storing feedstock or finished product; PENALTY: $15,500; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201001774

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 13, 2010


Notice of Water Quality Applications

The following notice was issued on March 26, 2010 through April 9, 2010.

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

DRIPPING SPRINGS INDEPENDENT SCHOOL DISTRICT has applied for a minor amendment to the TCEQ permit WQ0013748002 to authorize the addition of a second 9,000 gallons per day (GPD) Wastewater Treatment Plant 'B' to the existing 25,000 GPD Wastewater Treatment Plant 'A'. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 25,000 GPD via subsurface drip irrigation with a minimum area of 166,835 square feet (which will remain the same). This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 3,800 feet north and 8,800 feet west of the intersection of State Highway 12 and U.S. Highway 290 in Hays County, Texas 78620.

SAN MIGUEL ELECTRIC COOPERATIVE INC which operates a lignite-fired steam electric generating power plant, has applied for a renewal of TPDES Permit No. WQ0002601000, which authorizes the discharge of coal pile runoff on an intermittent and flow variable basis via Outfall 001; and low volume wastes, metal cleaning wastes, treated domestic wastewater, and process area storm water runoff via evaporation. The facility is located at 6200 Farm-to-Market Road (FM) 3387, approximately six (6) miles east of State Highway 16, near the City of Christine, Atascosa County, Texas 78026.

CITY OF BAIRD has applied for a renewal of TPDES Permit No. WQ0010037004, which authorizes the discharge of treated filter backwash effluent from a water treatment plant at a daily average flow not to exceed 6,000 gallons per day. The facility is located at the southeast corner of 3rd Street and Walnut Street, approximately 450 feet south and 1,600 feet west of the intersection of State Highway 283 and Business Interstate Highway 20 in Callahan County, Texas 79504.

CITY OF HEARNE has applied for a renewal of TPDES Permit No. WQ0010046002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,200,000 gallons per day. The facility is located at the end of Farm-to-Market Road 50 (Mumford Road), approximately 7,500 feet south-southwest of the intersection of U.S. Highway 190 and U.S. Highway 79 and State Highway 6 in Robertson County, Texas 77859.

CITY OF CUERO has applied for a renewal of TPDES Permit No. WQ0010403002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located at the south end of Stockdale Road, approximately 1.5 miles south of the intersection of Stockdale Road and Morgan Street in DeWitt County, Texas 77954.

SHELDON ROAD MUNICIPAL UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. WQ0010541001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 210,000 gallons per day to a daily average flow not to exceed 230,000 gallons per day. The facility is located approximately 1.25 miles south-southwest of the intersection of U.S. Highway 90 and Sheldon Road in Harris County, Texas 77049.

THE GULF COAST TRADES CENTER has applied for a major amendment to TPDES Permit No. WQ0012159001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 16,000 gallons per day to a daily average flow not to exceed 25,000 gallons per day. The facility is located within the Gulf Coast Trades Center Complex, approximately 3.8 miles west of the intersection of Interstate Highway 45 and Farm-to-Market Road 1375 and northeast of Lake Conroe in Walker County, Texas 77358.

HILL COUNTRY HARBOR LP has applied for a renewal of TPDES Permit No. WQ0014173001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 3,500 feet west of the intersection of Farm-to-Market Road 2951 and Park Road 36 in Palo Pinto County, Texas 76449.

DRIFTWOOD UTILITY COMPANY LLC has applied for a renewal of TCEQ Permit No. WQ0014480001 which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day via public access subsurface drip irrigation system with a minimum area of 11.5 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located approximately 4,000 feet southeast of the intersection of Farm-to-Market Road 1826 and Bear Creek Pass, approximately 4,300 feet south of the intersection of Farm-to-Market Road 1826 and proposed Barrett Boulevard in Hays County, Texas 78737.

CITY OF JARRELL has applied for a renewal of TPDES Permit No. WQ0014594001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility is located at 3600 East Farm-to-Market Road 487 approximately 1,900 feet east of the intersection of Farm-to-Market Road 487 and County Road 304 in Williamson County, Texas 76537.

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO 112 has applied for a renewal of TPDES Permit No. WQ0014671001, 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 4,000 feet north of Farm-to-Market Road 1488 and 10,100 feet west of Interstate Highway 45 in southwest Montgomery County, Texas 77384.

723 FORT BEND PARTNERS LP has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014953001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility will be located approximately 800 feet northeast of the intersection of Highway 723 and Highway 359 (4750 Farm-to-Market Road 723) in Fort Bend County, Texas 77406.

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-201001803

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 14, 2010


Texas Ethics Commission

List of Late Filers

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Douglas at (512) 463-5800 or (800) 325-8506.

Deadline: Semiannual Report due January 15, 2010 for Candidates and Officeholders

Curtis Wayne Hartfield, 1850 E. Houston St., Ste. 2, San Antonio, Texas 78202-2974

Charles W. Randolph, P.O. Box 1660, Boyd, Texas 76023

Deadline: Semiannual Report due January 15, 2010 for Committees

Dwayne E. Adams, Bexar County Democratic party County Executive Committee (CEC), 3010 N. St. Mary's St., Ste. 1101, San Antonio, Texas 78212

Shane J. Howard, Jefferson County Republican Party (P), 550 Fannin, Ste. 510, Beaumont, Texas 77701

Deadline: 8-Day Pre-Election Report due February 22, 2010 for Candidates and Officeholders

Alma Ludivina Aguado, 43 Stonewall Bend, San Antonio, Texas 78256

Daniel Anchondo, Sr., 2509 Montana Ave., El Paso, Texas 79903

Josiah J. Ingalls, 2425 E. Riverside Dr. #633, Austin, Texas 78741

Socorro G. Meza, 13707 Cape Bluff, San Antonio, Texas 78216

Ronald E. Reynolds, 6140 Hwy 6 S. #233, Missouri City, Texas 77459

Deadline: 8-Day Pre-Election Report due February 22, 2010 for Committees

Leslie A. Gower, Hidalgo County Texas Democratic Women, 625 E. Dallas, McAllen, Texas 78501

TRD-201001767

David Reisman

Executive Director

Texas Ethics Commission

Filed: April 12, 2010


Office of the Governor

Correction of Error: Texas Military Defense Preparedness Commission Defence Economic Adjustment Assistance Grant Program RFA

(Editor's Note: This notice appeared in the April 16, 2010, issue of the Texas Register (35 TexReg 3116). The word "capital" should not have been included in the phrase "capital equipment." The corrected version is republished in its entirety and is shown with the word "capital" struck out.)

Defense Economic Adjustment Assistance Grant Solicitation to Retrain Defense Workers

The Texas Military Preparedness Commission (TMPC) is the recipient of $5 million in American Recovery and Reinvestment Act (ARRA) funds appropriated by the Texas Legislature in Senate Bill 1, General Appropriations Act, Article XII, §25 for the 2010-2011 biennium, to be used as part of its Texas Defense Economic Adjustment Assistance Grant Program (DEAAG).

Use of Grant Proceeds:

The retraining of defense workers defined as veterans, disabled veterans, Department of Defense (DoD) uniformed and civilian personnel as well as non-DoD displaced civilian defense workers.

For the purchase or lease of [capital]* equipment to be used to retrain defense workers.

Qualifying Entities:

A public junior college district all or part of which is located in a defense community in Texas.

A campus or extension center for education purposes of the Texas State Technical College System located in a defense community in Texas.

Targeted Population:

A veteran or disabled veteran.

Uniformed or civilian employee of the United States Department of Defense (DoD).

An employee of a government agency or private business, or entity providing a DoD related function, who is employed on a defense facility.

An employee of a business that provides contracted direct services or products to the DoD and whose job is directly dependent on defense expenditures.

Award amount: The minimum award is $50,000. The maximum award is $2 million. A maximum of $4 million will be awarded for this posting.

Program Coverage: ARRA funds provided under the Defense Economic Adjustment Assistance Grant Program must be expended in full no later than February 28, 2011. Leased [capital]* equipment will not be funded through ARRA after February 28, 2011.

Documentation and Verification:

Applicants will be required to provide adequate documentation that ARRA grant awards are used in the retraining of defense workers through the purchase or leasing of related training equipment as defined above.

Awards are subject to all relevant federal and state monthly, quarterly and annual reporting requirements concerning the use of ARRA funds.

Application Process: Applicants will need to access TMPC's application at the Office of the Governor's eGrants website at https://egrants.governor.state.tx.us to register and apply for funding.

Closing Date for Receipt of Applications: All applications must be certified by the Authorized Official via eGrants website on or before 5:00 p.m., May 10, 2010.

Contact the Texas Military Preparedness Commission at tmpc@governor.state.tx.us with any questions concerning this application. Questions must be received no later than April 20, 2010. Answers will be posted no later than May 3, 2010.

The scoring of the Competitive Grant Solicitation will consider the following factors.

Basis of Eligibility

Adversely Affected Defense Community: The defense community in which the qualifying entity is located meets the requirements of an Adversely Affected Community, as defined in Texas Government Code §486.003(b), with consideration given to the size, scope and significance of any downturn in military mission or defense related economic business, OR

Positively Affected Defense Community: The defense community in which the qualifying entity is located meets the requirements of a Positively Affected Community, as defined in Texas Government Code §486.003(c), with consideration given to the size, scope and significance of any increase in military mission or defense related economic business

Area Impact--the impact of the United States DoD base realignment on the community as measured by the applicant's employment/unemployment information, considering community population and statewide unemployment figures

Target Population--the applicant's projected enrollment of targeted students in classes where DEAAG funds are to be used, with consideration given to the likelihood of achieving the projection as demonstrated by community demographics and applicant's recruitment strategy

***Definition of Targeted Students

i. A veteran or disabled veteran;

ii. Uniformed member of the Armed Services;

iii. A United States Department of Defense (DoD) civilian employee; and

iv. An employee of a business that provides contracted direct services or products to the DoD and whose job is directly dependent on defense expenditures.***

Alignment with DEAAG Program Goals--the likelihood of achieving DEAAG Program Goals with favorable consideration for projects with the greatest impact toward achieving those goals

***DEAAG Program Goals

The purpose of the Texas program is to assist Public Junior Colleges or a campus or extension of the Texas State Technical College System in the retraining of defense workers, including veterans, disabled veterans, DoD uniformed and civilian personnel and non-DoD displaced workers through the purchase or leasing of [capital]* equipment for instructional purposes. Funding can be used to purchase or lease [capital]* equipment for the purpose of (re)training displaced defense workers.***

Project Funding Sources--the applicant's efforts to secure additional state or federal funding sources or efforts to secure financial partners, such as a local defense contractor, favoring schools that have acquired additional financial backing or secured a local partnership to support the class/project

Project Milestones--Dates for the purchase occurring before February 28, 2011 and the corresponding dates classes will start, with preference given to grants with earlier expenditures and those supporting classes already in progress or earlier start date.

* The word "capital" was removed on April 8, 2010.

TRD-201001703

Martin Fox

Director, Texas Military Preparedness Commission

Office of the Governor

Filed: April 9, 2010


Request for Grant Applications for the Crime Stoppers Assistance Fund Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting grant applications to support certified Crime Stoppers organizations in Texas during the state fiscal year 2011 grant cycle.

Purpose: The purpose of the Crime Stoppers Assistance funding is to enhance and assist the community's efforts in solving serious crimes.

Available Funding: State funding is authorized for these projects under Article 102.013, Texas Code of Criminal Procedure, which designated CJD as the funds administering agency. The source of funding is a biennial appropriation by the Texas Legislature from funds collected through court costs and fees.

Funding Levels:

(1) Minimum grant award - $1,500.

(2) Maximum grant award - $10,000.

Required Match: None.

Standards: Grantees must comply with the standards applicable to this funding source cited in the Texas Administrative Code (1 TAC Chapter 3) and all statutes, requirements and guidelines applicable to this funding.

Prohibitions: Grant funds may not be used to support the following services, activities, and costs:

(1) proselytizing or sectarian worship;

(2) lobbying and administrative advocacy;

(3) promotional advertisements of any kind;

(4) entertainment or refreshments;

(5) subscription fees or dues;

(6) fundraising activities;

(7) office space rental;

(8) extended equipment services arrangements;

(9) contributions;

(10) purchase or improvement of real estate;

(11) rewards, except for statewide projects; and

(12) attorney fees.

Eligible Applicants: Crime Stoppers organizations as defined by §414.001(2) of the Texas Government Code that are certified by the Texas Crime Stoppers Council to receive repayments under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Article 42.12 of the Texas Code of Criminal Procedure. Section 414.001(2) of the Texas Government Code defines a "crime stoppers organization" as follows:

(1) a private, nonprofit organization that is operated on a local or statewide level, that accepts and expends donations for rewards to persons who report to the organization information about criminal activity and that forwards the information to the appropriate law enforcement agency; or

(2) a public organization that is operated on a local or statewide level, that pays rewards to persons who report to the organization information about criminal activity, and that forwards the information to the appropriate law enforcement agency.

Requirements: Crime Stoppers programs must focus on reducing crime through the operation of a hotline that receives information about criminal activities and fugitives from members of the public, guarantees anonymity, forwards the information to the appropriate law enforcement agency, and pays rewards.

Project Period: Grant-funded projects must begin on or after September 1, 2010, and expire on or before September 30, 2011.

Application Process: Applicants can access CJD's eGrants website at https://egrants.governor.state.tx.us to register and apply for funding.

Preferences: Preference will be given to projects that support information systems such as 24-hour tip hotlines, technology upgrades, and participation in the annual campus conference.

Closing Date for Receipt of Applications: All applications must be certified via CJD's eGrants website on or before June 18, 2010.

Selection Process: Applications will be reviewed by CJD staff members or a group selected by the executive director of CJD. CJD will make all final funding decisions based on eligibility, reasonableness of the project, availability of funding, and cost-effectiveness.

Contact Person: If additional information is needed, contact Betty Bosarge at betty.bosarge@governor.state.tx.us or (512) 463-1784.

TRD-201001797

Kate Fite

Assistant General Counsel

Office of the Governor

Filed: April 14, 2010


Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 12, 2010, at 9:00 a.m. to receive public comment on rates for Levels 1 through 25 under the Attendant Compensation Rate Enhancement in the Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR), Home and Community-based Services (HCS), and Texas Home Living (TxHmL) programs operated by the Department of Aging and Disability Services (DADS). For ICF/MR, rates for Levels 1 through 25 will be proposed for residential services and day habilitation services; for HCS and TxHmL, rates for Levels 1 through 25 will be proposed for non-day habilitation services and day habilitation services. For HCS and TxHmL, non-day habilitation services include supervised living/residential support services, supported home living/community supports, respite, supported employment and employment assistance. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Meisha Scott by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. HHSC proposes to adopt rates for Levels 1 through 25 under the Attendant Compensation Rate Enhancement in the ICF/MR, HCS, and TxHmL programs. For ICF/MR, rates for Levels 1 through 25 will be proposed for residential services and day habilitation services; for HCS and TxHmL, rates for Levels 1 through 25 will be proposed for non-day habilitation services and day habilitation services. The proposed rates will be effective September 1, 2010, and were determined in accordance with the rate setting methodologies listed below under "Methodology and Justification."

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodology at Texas Administrative Code (TAC) Title 1, Chapter 355, Subchapter A, §355.112, Attendant Compensation Rate Enhancement, as proposed to be amended. The proposed amendment of §355.112, which appeared in the March 26, 2010, issue of the Texas Register, updates the rule to describe how attendant compensation rate enhancements are determined for the ICF/MR, HCS and TxHmL programs. These changes are being made in accordance with the General Appropriations Act (Article II, Health and Human Services Commission, S.B. 1, Rider 67, 81st Legislature, Regular Session, 2009), which authorized HHSC to discontinue fiscal accountability spending requirements contingent upon the implementation of a rate enhancement system or other appropriate financial performance standards.

Briefing Package. A briefing package describing the proposed payment rates will be available on April 28, 2010. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Meisha Scott by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Meisha Scott, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Meisha Scott at (512) 491-1998; or by e-mail to meisha.scott@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Meisha Scott, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-201001770

Steve Aragon

Chief Counsel

Texas Health and Human Services Commission

Filed: April 12, 2010


Public Notice

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 10-018, Amendment Number 911, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

The purpose of this amendment is to add external breast prosthesis to the prosthetics section of the state plan. The benefit will be covered when medically necessary for all Medicaid recipients who have a history of medically necessary mastectomy procedure(s). The proposed amendment is effective June 1, 2010.

The proposed amendment is estimated to result in an additional annual aggregate expenditure of $40,450 for the remainder of federal fiscal year (FFY) 2010, consisting of $28,698 in federal funds and $11,752 in state general revenue. For FFY 2011, the estimated additional annual expenditure is $156,199 consisting of $106,870 in federal funds and $49,329 in state general revenue. For FFY 2012, the estimated additional annual expenditure is $159,355 consisting of $106,910 in federal funds and $52,445 in state general revenue.

To obtain copies of the proposed amendment, interested parties may contact Marianna Gomez by mail at P.O. Box 13247, MC: H-310, Austin, TX 78711; by telephone at (512) 491-1881; by facsimile at (512) 491-1953; or by e-mail at marianna.gomez@hhsc.state.tx.us.

TRD-201001670

Steve Aragon

Chief Counsel

Texas Health and Human Services Commission

Filed: April 8, 2010


Public Notice

The Texas Health and Human Services Commission (HHSC) announces the submission of Amendment 22 to the Texas State Plan for the Children's Health Insurance Program (CHIP) under Title XXI of the Social Security Act. The proposed amendment modifies the Texas CHIP Perinatal Program effective September 1, 2010.

Currently, the CHIP Perinatal Program provides 12 months of continuous CHIP coverage to unborn children at or below 200 percent of the federal poverty level (FPL). The CHIP Perinatal Program covers prenatal care, labor with delivery for a woman above 185 percent of FPL, and full CHIP benefits for the newborn after the initial hospital stay. Emergency Medicaid covers labor with delivery for a woman at or below 185 percent of FPL, and the CHIP Perinatal Program provides full CHIP benefits for the newborn after the initial hospital stay.

The federal Centers for Medicare and Medicaid Services (CMS) has directed HHSC to make changes to the CHIP Perinatal Program. Specifically, CMS has directed HHSC to provide 12 months of continuous Medicaid coverage, instead of CHIP Perinatal Program coverage, to the newborns of emergency Medicaid recipients.

Under the proposed State Plan Amendment (SPA), HHSC proposes to continue providing women, statewide, between 186 - 200 percent of FPL with prenatal care, labor with delivery, and CHIP coverage to their newborns for the remainder of the 12 months of coverage. To comply with CMS guidance, HHSC will provide women at or below 185 percent of FPL with prenatal care under CHIP Perinatal, emergency Medicaid for labor with delivery, and 12 months of continuous Medicaid coverage to their newborns.

For fiscal year 2011, HHSC estimates an all funds cost of $17,141,570; a general revenue cost of $15,758,258; and a federal funds savings of ($1,383,312) to implement the proposed SPA. For fiscal year 2012, HHSC estimates an all funds cost of ($25,372,555); a general revenue cost of $28,051,083; and a federal funds savings of ($2,678,528) to implement the proposed SPA.

For additional information or a copy of the amendment, please contact Kimberly Davis, Acute Care Policy Manager, Medicaid and CHIP Division, by telephone at (512) 491-1335 or by e-mail at Kimberly.Davis@hhsc.state.tx.us.

TRD-201001779

Steve Aragon

Chief Counsel

Texas Health and Human Services Commission

Filed: April 13, 2010


Texas Department of Housing and Community Affairs

Housing Trust Fund Program

2010-2011 HTF Rural Housing Expansion Program

Notice of Funding Availability (NOFA)

I. Source of Housing Trust Funds.

The Housing Trust Fund was established by the 72nd Legislature, Senate Bill 546, §2306.201 of the Texas Government Code, to create affordable housing for low and very low income individuals and families. Funding sources consist of appropriations or transfers made to the fund, unencumbered fund balances, and public or private gifts, grants, or donations.

II. Notice of Funding Availability (NOFA).

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of $1,750,000 in funding from the 2010-2011 Housing Trust Fund (HTF) appropriation to further the Department's goal of building capacity in tandem with actual production of affordable housing in rural Texas. The Rural Housing Expansion Program ("Program") will simultaneously provide capacity building resources and funds for direct housing delivery. The Program is designed with the understanding that having a commitment of direct delivery funds will allow a recipient entity to fully develop capacity through training, technical assistance and hands-on experience.

The Program includes three (3) activities for which an application may qualify:

Direct Housing Delivery. A minimum of $1,000,000 may be awarded in the form of zero-interest, deferred, repayable loans or grants, depending on the activity, for the purpose of direct housing delivery, with the requirement that other financial resources be leveraged.

USDA §502 Direct Loan Application Assistance. $450,000 in funding will be set aside and awarded in the form of grants to rural municipalities, rural counties, and Nonprofit Organizations packaging and submitting §502 Rural Housing Direct Loan Applications through the United States Department of Agriculture (USDA).

Capacity Building Grants. Up to $300,000 may be awarded as capacity building grants, with up to $50,000 of this amount of this amount reserved for Applicants to the USDA §502 Direct Loan Application Assistance activity. Capacity building program requirements and funding for each component are further outlined in §2 of the NOFA.

For Applicants who provide evidence of areas of need regarding organizational capacity to complete Direct Housing Delivery and/or USDA §502 Direct Loan Application Assistance activities, the Program includes Organizational Capacity Assessment, Training, and Technical Assistance. Administrators participating in this activity will undergo an assessment to determine the capacity needs of the Administrator for the purpose of identifying and delivering actions and training needed to increase the Applicant's long-term capacity to provide affordable housing services in their community. The capacity assessment, training and technical assistance will be provided by a separately procured Technical Assistance Provider.

Persons served by the proposed activities will be limited to those whose incomes do not exceed 80% of the Area Median Family Income (AMFI), as defined by the Department.

III. Applicant Eligibility.

Applicants responding to the NOFA must meet the qualifications of the NOFA and must be rural municipalities and rural counties, Nonprofit Organizations that serve rural communities, or consortia of several such municipalities, counties and/or Nonprofit Organizations.

IV. Proposed Contract Period.

Contracts will be required for funds awarded under this Program. The Contract Period and requirements shall be based upon the timeline of the proposed activity.

V. Maximum Award Per Applicant and Application.

The maximum award amount per Application for the Direct Housing Delivery component of this program may not exceed $550,000. The maximum Capacity Building award per Applicant for the USDA §502 Direct Loan Application Assistance component is $5,000.

VI. Application Deadline and Availability.

The HTF Rural Housing Expansion Program NOFA is posted on the Department's website: http://www.tdhca.state.tx.us/htf/index.htm and organizations on the Department's list serve will receive an e-mail notification that the NOFA is available on the Department's web-site.

VI. Deadline for Receipt.

Funds for the Direct Housing Delivery component under the NOFA will be awarded through a Competitive Application Cycle. The Application Acceptance Period will open on Wednesday, March 31, 2010, and Applications will be accepted by the Department on regular business days until 5:00 p.m., Central Time, on Friday, May 28, 2010, regardless of method of delivery.

Funds for the USDA §502 Direct Loan Application Assistance component under the NOFA will be awarded through an Open Application Cycle. The Application Acceptance Period will open on Wednesday, March 31, 2010, and Applications will be accepted by the Department on regular business days until all funds have been exhausted, or Friday, December 3, 2010, regardless of method of delivery.

Mailing Address:

Mr. Mark Leonard, Housing Trust Fund Program Specialist

Housing Trust Fund Division

Texas Department of Housing and Community Affairs

P.O. Box 13941

Austin, Texas 78711-3941

(All U.S. Postal Service including Express)

Courier Delivery:

221 East 11th Street, 1st Floor

Austin, Texas 78701

(FedEx, UPS, Overnight, etc.)

Hand Delivery: If you are hand delivering the application, contact Mark Leonard at (512) 936-7799 (Mark.Leonard@tdhca.state.tx.us) or Dee Copeland Patience at (512) 475-2567 (Dee.Copeland@tdhca.state.tx.us) when you arrive at the lobby of our building for application acceptance.

Questions. Questions pertaining to the content of the HTF Rural Housing Expansion Program NOFA may only be directed to Mark Leonard at (512) 936-7799 (Mark.Leonard@tdhca.state.tx.us) or Dee Copeland Patience at (512) 475-2567 (Dee.Copeland@tdhca.state.tx.us).

TRD-201001788

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 14, 2010


Texas Department of Insurance

Company Licensing

Application for incorporation in the State of Texas by ASI CORP., assumed name of AMERICAN CAPITAL ASSURANCE CORP., a foreign fire and casualty company. The home office is in St. Petersburg, Florida.

Application to change the name of HCC INSURANCE COMPANY to JOHN DEERE INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Indianapolis, Indiana.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-201001795

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 14, 2010


Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application of KELLY & ASSOCIATES INSURANCE GROUP, INC., a foreign third party administrator. The home office is HUNT VALLEY, MARYLAND.

Application of EMERALD CLAIMS MANAGEMENT, INC., a domestic third party administrator. The home office is PORTER, TEXAS.

Application of NBFSA, LLC, a foreign third party administrator. The home office is WINSTON-SALEM, NORTH CAROLINA.

Application of DKJ GROUP, INC., a domestic third party administrator. The home office is DALLAS, TEXAS.

Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.

TRD-201001796

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 14, 2010


Texas Lottery Commission

Instant Game Number 1242 "Casino Bingo"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1242 is "CASINO BINGO". The play style for the game INSTANT BONUS is "auto win" The play style for the game BINGO is "bingo".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1242 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 1242.

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 B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, FREE, TWO DOLLARS SYMBOL, THREE DOLLARS SYMBOL, THREE DOLLARS SYMBOL, FIVE DOLLARS SYMBOL, TEN DOLLARS SYMBOL, TWENTY DOLLARS SYMBOL, FIFTY DOLLARS SYMBOL, ONE HUN DOLLARS SYMBOL, TRYAGAIN SYMBOL and MAYBE NEXT TIME SYMBOL.

D. Play Symbol Caption - the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 1242 - 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, $3.00, $5.00, $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $30.00, $50.00, $100 or $500.

H. High-Tier Prize - A prize of $1,000 or $30,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1242), 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: 1242-0000001-001.

K. Pack - A pack of "CASINO BINGO" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 125 will be revealed on the back of the pack. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack. Every other book will reverse i.e., reverse order will be: the back of ticket 001 will be shown on the back front of the pack and front of ticket 125 will be shown on the back of the pack.

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 "CASINO BINGO" Instant Game No. 1242 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 "CASINO BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 131 (one hundred thirty one) play symbols. For the game INSTANT BONUS, if a player reveals a prize amount play symbol, the player wins that amount instantly. For the game BINGO, the player must scratch off the CALLER'S CARD area to reveal 30 (thirty) Bingo Numbers. The player must scratch all the Bingo Numbers on CARDS 1 through 4 that match the Bingo Numbers on the CALLER'S CARD. Each "CARD" has a corresponding prize box. Players win by matching those same numbers on the four Player's Cards. If the player finds a diagonal, vertical or horizontal straight line, the four corners of the grid, or an X pattern, the player wins a prize according to the legend of the respective playing grid. Examples of play: If a player matches all bingo numbers plus the Free Space in a complete horizontal, vertical or diagonal line pattern in any one card, the player wins prize according to the legend of the respective playing card. If the player matches all bingo numbers in all four (4) corners pattern in any one card, the player wins prize according to the legend of the respective playing card. If the player matches all bingo numbers plus Free Space to make a complete "X" pattern in any one card, the player wins prize according to the legend of the respective playing card. 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 131 (one hundred thirty one) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 131 (one hundred thirty one) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 131 (one hundred thirty one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 131 (one hundred thirty one) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. A ticket will win as indicated by the prize structure.

B. A ticket can win up to four times and only once per Card.

C. There will never be more than one win on a single BINGO CARD.

D. No duplicate numbers will appear on the CALLER'S CARD and BONUS NUMBERS.

E. No duplicate numbers will appear on each individual BINGO CARD.

F. Consecutive non-winning tickets within a pack will not have identical patterns.

G. The highest prize won per card will be paid.

H. Each CALLER'S CARD will have a minimum of four (4) and a maximum of six (6) numbers from each range per letter. The BONUS NUMBERS will have a minimum of one (1) and a maximum of two (2) numbers for each range per letter.

I. The number range used for each letter will be as follows: B (01-15), I (16-30), N (31-45), G (46-60), O (61-75).

J. Each BINGO CARD on the same ticket must be unique.

K. The 24 CALLER'S CARD numbers and 6 BONUS NUMBERS will match 39 to 59 numbers per ticket (not including the FREE spaces).

L. A ‘near win' is a winner less one number except the "X" where there are two numbers less, one in each diagonal line (one of which must be a corner).

M. INSTANT BONUS: The Play area consists of one (1) Play Symbol.

N. INSTANT BONUS: Winning tickets will display a prize amount: TWO DOLLARS, THREE DOLLARS, FIVE DOLLARS, TEN DOLLARS, TWENTY DOLLARS, FIFTY DOLLARS, OR ONE HUN DOLLARS.

2.3 Procedure for Claiming Prizes.

A. To claim a "CASINO BINGO" Instant Game prize of $2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $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 $30.00, $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 "CASINO BINGO" Instant Game prize of $1,000 or $30,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "CASINO BINGO" 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; or

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 "CASINO BINGO" 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 "CASINO BINGO" 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 30,000,000 tickets in the Instant Game No. 1242. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1242 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1242 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. 1242, 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-201001606

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 7, 2010


Instant Game Number 1252 "Cash Vault"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1252 is "CASH VAULT". The play style is "key number match with multiplier".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1252 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1252.

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, 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, 10X SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $200, $2,000 and $50,000.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 1252 - 1.2D

E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.

F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $200.

H. High-Tier Prize - A prize of $2,000 or $50,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1252), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1252-0000001-001.

K Pack - A pack of "CASH VAULT" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CASH VAULT" Instant Game No. 1252 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 "CASH VAULT" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a 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 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. No four or more matching non-winning prize symbols on a ticket.

C. The 10X (win x 10) play symbol will only appear on intended winning tickets as dictated by the prize structure.

D. No duplicate WINNING NUMBERS play symbols on a ticket.

E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

F. Non-winning prize symbols will never be the same as the winning prize symbol(s).

G. The top prize will appear on every ticket unless otherwise restricted.

H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "CASH VAULT" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $50.00, $100 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "CASH VAULT" Instant Game prize of $2,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "CASH VAULT" 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 "CASH VAULT" 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 "CASH VAULT" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 1252. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1252 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1252 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1252, 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-201001607

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 7, 2010


Instant Game Number 1253 "Spicy Hot 7's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1253 is "SPICY HOT 7'S". The play style for this game is "key symbol match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1253 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 1253.

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 red play symbols are: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20 and 7 RED SYMBOL. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 7 BLACK SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $1,000 and $20,000.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 1253 - 1.2D

E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.

F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.

G. Mid-Tier Prize - A prize of $50.00 or $100.

H. High-Tier Prize - A prize of $1,000 or $20,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1253), 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: 1253-0000001-001.

K. Pack - A pack of "SPICY HOT 7'S" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B. C and D configuration.

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 "SPICY HOT 7'S" Instant Game No. 1253 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 "SPICY HOT 7'S" Instant Game is determined once the latex on the ticket is scratched off to expose 20 (twenty) Play Symbols. If a player reveals a "BLACK 7" play symbol, the player wins PRIZE shown for that symbol. If a player reveals a "RED 7" play symbol, the player wins DOUBLE the PRIZE shown for that symbol! No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 20 (twenty) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 20 (twenty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 20 (twenty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 20 (twenty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. No three or more matching non-winning prize symbols will appear on a ticket.

C. No duplicate non-winning play symbols on a ticket regardless of color.

D. Non-winning prize symbols will never be the same as the winning prize symbol(s).

E. No prize amount in a non-winning spot will correspond with the play symbol (i.e. 5 and $5).

F. Non-winning play symbols and captions will appear in both black and red imaging.

G. Winning play symbols will only appear in the color designated by the prize structure.

H. There will be a minimum of 4 red play symbols and a maximum of 7 red play symbols on a ticket unless otherwise indicated by the prize structure.

I. The "BLACK 7" (auto win) play symbol will only appear as dictated by the prize structure.

J. The "RED 7" (doubler) play symbol will only appear as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "SPICY HOT 7'S" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "SPICY HOT 7'S" Instant Game prize of $1,000 or $20,000 the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "SPICY HOT 7'S" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General;

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

D. 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 "SPICY HOT 7'S" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "SPICY HOT 7'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 7,080,000 tickets in the Instant Game No. 1253. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1253 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1253 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. 1253, 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-201001793

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 14, 2010


Instant Game Number 1272 "Veterans Cash"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1272 is "VETERANS CASH". The play style is "row/column/diagonal with tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1272 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 1272.

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, EAGLE SYMBOL, STAR SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $50.00, $100, $500, $1,000 and $20,000.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 1272 - 1.2D

E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.

F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.

G. Mid-Tier Prize - A prize of $50.00 or $100.

H. High-Tier Prize - A prize of $1,000 or $20,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1272), 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: 1272-0000001-001.

K. Pack - A pack of "VETERANS CASH" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B, C and D configuration.

L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "VETERANS CASH" Instant Game No. 1272 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "VETERANS CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 20 (twenty) Play Symbols. For each GAME, if a player reveals three (3) "STAR" play symbols in any one row, column or diagonal, the player wins the PRIZE shown for that GAME. If a player reveals three (3) "EAGLE" play symbols in any one row, column or diagonal, the player wins TRIPLE the PRIZE shown for that GAME. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 20 (twenty) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 20 (twenty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 20 (twenty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 20 (twenty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.

B. No matching non-winning prize symbol(s) on a ticket.

C. The "EAGLE" (tripler) play symbol will create a win within a row, column or diagonal on intended winning tickets as dictated by the prize structure.

D. No ticket will contain three or more of a kind other than the "STAR" (win) or "EAGLE" (tripler) play symbols.

E. Each GAME may only win once.

2.3 Procedure for Claiming Prizes.

A. To claim a "VETERANS CASH" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "VETERANS CASH" Instant Game prize of $1,000 or $20,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "VETERANS CASH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General;

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "VETERANS CASH" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "VETERANS CASH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 1272. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1272 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1272 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1272, 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-201001794

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 14, 2010


North Central Texas Council of Governments

Request for Proposals

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from consultant firms to develop a Transit Oriented Development (TOD) plan in the City of Burleson West TOD District. An analysis will be conducted of current and future market conditions and development opportunities for the Burleson West TOD District and the historic downtown, Old Town Overlay District. The project will include the identification of short- and long-term strategies that can be implemented in Burleson with initial bus service and a station that has the flexibility to be converted to a commuter rail station when demand and demographic thresholds are met and funding is available. The project will include recommendations to encourage pedestrian and bicycle access in addition to vehicle travel to the station.

Due Date

Proposals must be received no later than 5 p.m., Central Daylight Time, on Friday, May 21, 2010, to Karla Weaver, AICP, Principal Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011. For more information regarding the Request for Proposals (RFP), contact Ken Kirkpatrick at (817) 695-9278, or to obtain a copy of the RFP, contact Therese Bergeon at (817) 695-9267. NCTCOG encourages participation by disadvantaged business enterprises and does not discriminate on the basis of age, race, color, religion, sex, national origin, or disability.

Contract Award Procedures

The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.

Regulations

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.

TRD-201001787

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: April 14, 2010


Texas Parks and Wildlife Department

Notice of Hearing and Opportunity for Comment

This is a notice of an opportunity for public comment and a public hearing on an application by the City of Austin Parks and Recreation Department to obtain a Texas Parks and Wildlife Department (TPWD) permit to remove or disturb up to 2,000 cubic yards of sand and gravel from and within the bed of Barton Creek in Travis County. The purpose is to remove accumulated sediments from Barton Springs Pool. The location would be approximately 3.8 miles downstream of the Highway 360 crossing and 1,300 feet upstream of Barton Springs Road. Work would begin no sooner than October 1, 2010.

The hearing will be held on May 28, 2010 at 2:00 p.m. at TPWD Headquarters, 4200 Smith School Road, Austin, Texas 78744.

Written comments must be submitted within 30 days of the publication of this notice in the Texas Register or the newspaper, whichever is later, or at the public hearing. Submit written comments, questions, or requests to review the application to: Tom Heger, TPWD, by mail to the above address; e-mail tom.heger@tpwd.state.tx.us; phone (512) 389-4583.

TRD-201001743

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: April 12, 2010


Notice of Proposed Real Estate Transactions

Purchase of Land

Fanthorp Inn State Historic Site - Grimes County

In a meeting on May 27, 2010, the Texas Parks and Wildlife Commission (the Commission) will consider purchasing approximately six acres of land adjacent to Fanthorp Inn State Historic Site in Grimes County. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Corky Kuhlmann, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at corky.kuhlmann@tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

Granting of Easement

Richland Creek Wildlife Management Area - Harrison County

In a meeting on May 27, 2010, the Texas Parks and Wildlife Commission (the Commission) will consider granting an easement on the Richland Creek Wildlife Management Area in Freestone and Navarro counties to the Tarrant Regional Water District. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth @tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

TRD-201001805

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: April 14, 2010


Public Utility Commission of Texas

Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas (commission) received an application on April 5, 2010, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Cebridge Acquisition, L.P. d/b/a Suddenlink Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 38128 before the Public Utility Commission of Texas.

The requested amendment is to expand the service area footprint to include the unincorporated areas of Travis County, Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll free) (800) 735-2989. All inquiries should reference Project Number 38128.

TRD-201001672

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 8, 2010


Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas received an application on April 9, 2010, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Time Warner Cable for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 38143 before the Public Utility Commission of Texas.

The requested amendment is to expand the service area footprint to include Nederland, Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll free) (800) 735-2989. All inquiries should reference Project Number 38143.

TRD-201001765

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 12, 2010


Announcement of Application for State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas (commission) received an application on April 6, 2010, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Delhart Corporation d/b/a Republic Communications for a State-Issued Certificate of Franchise Authority, Project Number 38129 before the Public Utility Commission of Texas.

The requested CFA service area includes see service area shown on the map attached to application.

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 (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll free) (800) 735-2989. All inquiries should reference Project Number 38129.

TRD-201001673

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 8, 2010


Notice of Application for Retail Electric Provider Certification

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 5, 2010, 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 Endless Power, LLC, for Retail Electric Provider (REP) Certification, Docket Number 38126 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 (888) 782-8477 no later than April 30, 2010. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at (800) 735-2989. All comments should reference Docket Number 38126.

TRD-201001671

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 8, 2010


Public Notice of Workshop

The staff of the Public Utility Commission of Texas (commission) will hold a workshop related to electric vehicles, on Wednesday, May 12, 2010, at 9:30 a.m., in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 37953, Investigation of Issues Relating to Electric Vehicles, has been established for this proceeding. This workshop is intended to be educational and broad in scope. Issues discussed at the workshop will include the development of standards, reliability impacts to the utilities and the state's infrastructure and environment, and competitive market policy issues as they relate to the charging of vehicles. Future workshops are envisioned in this project.

This notice is not a formal notice of proposed rulemaking; however, the comments of persons participating in the workshop will assist the commission in developing a commission policy changes or determining the necessity for amending existing rules or adopting new rules to address electric vehicles. Ten days prior to the workshop the commission shall make available in Central Records under Project Number 37953 an agenda for the format of the workshop. This workshop will be broadcast on http://www.texasadmin.com/.

Questions concerning the workshop or this notice should be referred to David Smithson, Competitive Markets Division, at (512) 936-7376, or Alan Rivaldo, Infrastructure and Reliability Division (512) 936-7162. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-201001764

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 12, 2010


Public Notice of Workshop on Electric Industry Cyber Security

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding Electric Industry Cyber Security on Wednesday, May 5, 2010, at 9:00 a.m. in the Commissioners' Hearing Room (Room 7-100), located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 37944 has been established for this proceeding. Staff members from the Idaho National Labs (INL) will conduct a workshop session on Electric Utility Cyber Security entitled "Introductory SCADA Security." INL will also address advanced meters and smart grid security issues. These topics will all be addressed at a high level for general understanding.

This notice is not a notice of proposed rulemaking; however, the information discussed during the workshop may assist the commission in developing a commission policy or determining the necessity for a related rulemaking. Funding for this workshop was obtained from an American Reinvestment and Recovery Act (ARRA) grant received by the State Energy Conservation Office from the Department of Energy.

Questions concerning the workshop or this notice should be referred to Brian Davison, Infrastructure and Reliability Division (512) 936-7173 or Alan Rivaldo, Infrastructure and Reliability Division (512) 936-7162. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-201001777

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 13, 2010


South East Texas Regional Planning Commission

Request for Qualifications

The South East Texas Regional Planning Commission (SETRPC) is facilitating the solicitation of a consultant to update the Hardin County, Jefferson County, Orange County and SETRPC Mitigation Action Plans to current Federal Emergency Management Agency (FEMA) and Texas Division of Emergency Management (TDEM) approved standards.

For a complete Request for Qualifications package, please contact Sue Landry via mail or e-mail. If by USPS: Sue Landry, SETRPC, 2210 Eastex Freeway, Beaumont, Texas 77703. If by e-mail: slandry@setrpc.org.

Final proposals will be due by 12:00 p.m. CDT on May 14, 2010.

Proposals will be reviewed by a technical sub-committee with selection based on Consultant Selection Criteria included in the Request for Qualifications package.

This RFQ is released in anticipation of Hazard Mitigation Grant Program (HMGP) funding. A contract will only be awarded in the event HMGP funding is granted to SETRPC.

TRD-201001763

Shaun P. Davis

Executive Director

South East Texas Regional Planning Commission

Filed: April 12, 2010


Texas Department of Transportation

Notice of Availability - Final Tier One Environmental Impact Statement

Pursuant to Title 43, Texas Administrative Code, §2.5(e)(8)(B), the Texas Department of Transportation (the department) is advising the public of the availability of the approved Tier One Final Environmental Impact Statement (FEIS) for the proposed Trans-Texas Corridor 35 (TTC-35) (the Oklahoma to Mexico/Gulf Coast Element) corridor program. TTC-35 was originally envisioned as a multi-modal transportation corridor that could be up to 1,200 feet wide (at full build-out) with separate lanes for passenger vehicles (three in each direction) and trucks (two in each direction), six rail lines (separate lines in each direction for high-speed rail, commuter rail, and freight rail), and a 200-foot wide utility corridor. It was proposed to extend from the Texas-Oklahoma state line, north of the Dallas-Fort Worth (DFW) metropolitan area, through Central Texas, and to the Texas-Mexico border near the City of Laredo, generally paralleling existing I-35 throughout its length.

The TTC-35 environmental study process was initiated using a two-phased or "tiered" approach. Tier One of the environmental process evaluates 13 alternatives, including a No Action Alternative and 12 Reasonable Corridor Alternatives (RCAs). The 12 RCAs are four to 18 miles in width and between 486 and 521 miles long. If the Tier One decision results in the selection of a corridor alternative for TTC-35, the selected corridor would become the study area for Tier Two environmental processes. If, however, FHWA selects the recommended alternative (as described below) in the TTC-35 Tier One Record of Decision (ROD), a study area for a TTC-35 facility(ies) would not be chosen and the TTC-35 project would end. Ongoing transportation needs on I-35 would therefore be addressed by other projects. Those projects would be studied through separate and independent planning and environmental processes and associated public involvement activities.

The No Action Alternative is being recommended as the Preferred Alternative in the TTC-35 Tier One FEIS. This recommendation is based on technical comments received during the TTC-35 Tier One Draft Environmental Impact Statement (DEIS), as well as the department's decision to drop the multimodal "one-size fits all" Trans-Texas Corridor approach to addressing transportation challenges in the I-35 corridor.

The TTC-35 Tier One FEIS is available for public review at department district and area offices, public libraries in the study area, and online at www.keeptexasmoving.com. Visit the website for a complete listing of locations to view the FEIS. Copies (paper or CD) of the FEIS can be obtained for the actual cost of reproduction. To order a copy call toll-free at (877) 872-6789.

Comments regarding the TTC-35 Tier One FEIS should be submitted to the Texas Department of Transportation, Mr. Ed Pensock, P.O. Box 14707, Austin, Texas 78761-4707, or via e-mail at www.keeptexasmoving.com. Comments must be received by or postmarked by May 24, 2010. Substantive comments received or postmarked by this date that were not addressed in the TTC-35 Tier One FEIS will be addressed in the Tier One Record of Decision.

Obtener informacion en espanol. Llamada gratis: (877) 872-6789.

TRD-201001659

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: April 8, 2010


Public Notice of Final Environmental Impact Statement (US 290 Corridor from FM 2920 to IH 610, Harris County, Texas)

Pursuant to Title 43, Texas Administrative Code, §2.5(e)(8)(B), the Texas Department of Transportation is advising the public of the availability of the Final Environmental Impact Statement (FEIS) for proposed improvements to the US 290 Corridor, from FM 2920 near the community of Waller, Texas to IH 610 in Houston, Harris County, Texas. Comments regarding the FEIS should be submitted the Director of Project Development at the Texas Department of Transportation's Houston District Office located at 7600 Washington Avenue, Houston, Texas prior to 5:00 p.m. on May 24, 2010. The Texas Department of Transportation's mailing address is P.O. Box 1386, Houston, Texas 77251-1386.

The US 290 study corridor extends approximately 38 miles from Farm-to-Market (FM) 2920 near the community of Waller to the US 290/Interstate Highway (IH) 610/IH 10 interchanges area in Houston, and includes Hempstead Road from approximately Beltway (BW) 8 to IH 610. In general, the proposed project evaluated includes the following roadway improvements: additional general-purpose lanes on US 290 and reconstruction of US 290 frontage roads; managed lane (toll) facility along the US 290 corridor from Bauer Road to BW 8, and continuing along Hempstead Road from BW 8 to IH 610; frontage roads (Hempstead Road) adjacent to managed lanes from BW 8 to IH 610; direct connectors from US 290 and the managed lanes to IH 610 and IH 10 via the Northwest Transit Center; and a reserved high-capacity transit corridor along US 290 from future Grand Parkway/State Highway 99 to BW 8, and along Hempstead Road from BW 8 to IH 610. The purpose of the proposed action is to reduce traffic congestion in the US 290 Corridor within Harris County, improve level of service and mobility on US 290 and Hempstead Road, and bring the roadway facilities up to current design standards, all of which will help to improve safety. The alternatives that were identified and evaluated include various configurations of the locally preferred modal alternative identified in the major investment study (MIS); alternative alignments for proposed improvements along US 290, Hempstead Road, and IH 610 (to provide for direct connectors); and doing nothing beyond what is already planned or programmed. Throughout the development of alternatives, efforts were made to avoid potential impacts to existing residential, commercial, and public properties, and other developed areas. Four alternatives were developed for the US 290 portion of the project. Five alternatives were developed for the Hempstead Road Corridor. Three alternatives were developed for IH 610 to integrate with the US 290 and Hempstead Road alternatives. The US 290, Hempstead Road, and IH 610 alternatives were evaluated at a comparable level of detail in the Draft Environmental Impact Statement (DEIS). Based on environmental, planning, and engineering considerations, and public and agency input, a Recommended alternative was identified for the US 290, Hempstead Road, and IH 610 areas of the project. Subsequent to the DEIS public hearings, the Recommended alternative was modified to incorporate suggestions made by the public and agencies, and revised designs. The FEIS contains the evaluation of the Preferred alternative and the No Build alternative, and provides a summary of the alternatives considered and evaluated during the MIS and DEIS studies.

The Recommended alternative as presented in the DEIS, was selected after careful consideration and assessment of the potential environmental impacts and evaluation of agency and public comments. After consideration of all agency and public comments received on the DEIS, as well as updated environmental data, TxDOT, in coordination with FHWA, selected a Preferred alternative alignment. It was determined after careful review of the DEIS comments that the Recommended alternative as presented in the DEIS be carried forward as the Preferred alternative. The Preferred alternative has the same general configuration as the Recommended alternative, with some changes in the number of proposed main lanes on US 290: 12 lanes from West 34th Street to Pinemont Drive (revised from 10 lanes), 12 lanes from FM 529 to Eldridge Parkway (revised from 10 lanes), and 10 lanes from Eldridge Parkway to Telge Road (revised from eight lanes). Some direct connector and access ramp modifications were also revised. The other major change in the Preferred alternative is the relocation of the transit reserve from north of the managed lanes along Hempstead Road to between the managed lanes and the Union Pacific railroad, from BW 8 to IH 610.

The Preferred build alternative that has resulted from the study was proposed on the basis of its ability to best facilitate the project's Need and Purpose, while minimizing impacts to the natural, physical, and social environments. The Preferred build alternative begins at FM 2920 and ends at the US 290/IH 610/IH 10 interchanges area in Houston, and includes Hempstead Road from approximately BW 8 to IH 610. It is approximately 38 miles in length. The Preferred alternative would require the acquisition of new right-of-way (ROW) (approximately 780 acres), the adjustment of utility lines, and the filling of aquatic resources including jurisdictional wetlands (18.63 acres, based on the preliminary determination, to be verified by the U.S. Army Corps of Engineers). The Preferred alternative as presented in the FEIS would displace 87 single-family residences, 225 multi-family residential units, 134 businesses, and 16 mini-storage units along US 290, and 49 single-family residences and 224 businesses along Hempstead Road. Single-family residences that would be displaced are primarily in Oak Forest and White Oak Falls neighborhoods. Several mobile home communities would be impacted. The multi-family units that would be displaced are in Creekwood, Vintage, Wynnewood at Wortham, The Promenade, Carrington Place, and Stonehaven apartment complexes. The US 290 portion of the Preferred alternative would require the relocation of two churches (St. Peter's Anglican and Celebration Lutheran Church), and several areas with pipeline transfer facilities and pipeline equipment. The Hempstead Road portion of the Preferred alternative would require the relocation of the Christ Family Church, a Southwestern Bell facility, and the Precision Emergency Medical Services (EMS) station. The archeological survey is incomplete because right-of-entry (ROE) was denied by several landowners to parcels in the proposed ROW. The archeological survey will remain incomplete until ROE to the remaining proposed ROW has been acquired. TxDOT coordinated the archeological survey report, recommended that the NEPA process be allowed to proceed and the archeological inventory be deferred until ROE or the parcels in question have been acquired. Once ROE or the parcels have been acquired, the archeological survey of the remainder of the area of potential effect will be completed, as well as any coordination/consultation that is required, prior to commencing with construction. If archeological sites are identified within the Selected alternative, additional investigations may be necessary to determine if they are eligible for nomination to the National Register of Historic Places (NRHP). If unanticipated archeological deposits are encountered during construction, work in the immediate area will cease, and TxDOT archeological staff will be contacted to initiate post-review discovery procedures under the provisions of the Programmatic Agreement-Transportation Undertakings (PA-TU) and Memorandum of Understanding (MOU). If any site identified by archeological field survey within the Selected alternative is found to be eligible for the NRHP, actions and consultation will be initiated to avoid, minimize, or mitigate adverse effects to that site. If an NRHP-eligible site cannot be avoided in the final design process, consultation will include development of a mitigation plan. The mitigation plan will be developed and reviewed by TxDOT in consultation with the Texas Historical Commission and FHWA. Design modifications may be sufficient to reduce the severity of the effect to a non-adverse level. Mitigation of unavoidable adverse effects typically includes archeological data recovery and full archival documentation. Section 4(f) coordination will only be performed for archeological sites warranting preservation in place. No historic properties or endangered species are expected to be affected.

Copies of the FEIS and DEIS (both electronic and paper, at cost of reproduction) and other information about the project may be obtained by contacting the Director of Project Development, TxDOT Houston District at 713-802-5243. The FEIS and DEIS may also be reviewed at the following locations: (1) TxDOT District Office, 7600 Washington Avenue, Houston, TX 77007; (2) TxDOT Area Office, 14838 Northwest Freeway, Houston, TX 77040; (3) US 290 Program Office, 2950 North Loop West, Suite 1150, Houston, TX 77092; (4) Spring Branch Library, 930 Corbindale, Houston, TX 77027; (5) Fairbanks Library, 7122 North Gessner Road, Houston, TX 77040; (6) Cy-Fair Library, 9191 Barker-Cypress Road, Cypress, TX 77433; (7) Collier Regional Library, 6200 Pinemont Drive, Houston, TX 77092; (8) Hillendahl Library, 2436 Gessner Road, Houston, TX 77080; (9) M. Smith Memorial Library, 2103 Main Street, Waller, TX 77484; (10) Northwest Library, 11355 Regency Green Drive, Cypress, TX 77429; (11) Hockley Community Center, 28515 Old Washington Road, Hockley, TX 77447; and (12) Houston Library Central Branch, 500 McKinney, Houston, TX 77002. An electronic version of the FEIS and DEIS may be reviewed or downloaded from the US 290 Program Office website at www.my290.com.

TRD-201001806

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: April 14, 2010


Stephen F. Austin State University

Notice of Consultant Contract Availability

This request for consulting services is filed under the provisions of the Government Code, Chapter 2254.

Stephen F. Austin State University, Nacogdoches, Texas, requests responses from individuals to provide consulting and training in the Responsive Classrooms philosophy.

The SFASU Charter School and Department of Elementary Education utilizes the Responsive Classroom philosophy of instruction which correlates with the Early Childhood philosophy upon which the school was founded. Such correlation offers the school consistency of language and expectations.

The consultant will have thorough knowledge of the Responsive Classrooms philosophy, including in depth study of the many Responsive Classrooms publications. Specifically the consultant will have the knowledge and ability to conduct training in Part 2 of the program. The consultant must have obtained all necessary permissions and/or licenses necessary to conduct training in the program. The individual selected to perform this project will be chosen on the basis of competitive responses received.

Proposals must be received in the office of Lysa Hagan, Leader - SFA Charter School, Stephen F. Austin State University, P.O. Box 13017, 2428 Raguet Street, Nacogdoches, Texas 75961 by May 17, 2010 in order to be considered. Please contact Lysa Hagan at (936) 468-5899 for further information.

TRD-201001658

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: April 8, 2010


Sul Ross State University

Request for Proposals

Pursuant to Texas Government Code, Chapter 2254, Sul Ross State University, a member of the Texas State University System, announces the solicitation for consultant services to advise and assist with the management and administration of a minimum of one U.S. Department of Education Grant.

Project Summary: Sul Ross State University is applying for a federally funded U.S. Department of Education grant(s). The university plans to utilize the five-year grant(s) to increase the number of Hispanic and other low-income students attaining degrees. The university may also work with regional community colleges to develop model transfer and articulation agreements in the same fields. The successful vendor will share in the responsibility for assurance of the attainment of the grant objectives, compliance with the terms and conditions of the grant and will provide services such as assistance in budget management, consultations, performance reporting, and review and editing of reports. Similar services have previously been provided by a consultant. Sul Ross State University intends to award the contract for the consulting services to a previously used consultant unless a better offer is received.

In accordance with the provisions of V.C.T.A. Government Code §2254.028(c), the president of Sul Ross State University has approved the use of a private consultant and has determined that the required fact exists.

Proposals are to be received no later than 4:00 p.m., Friday, May 28, 2010. A copy of the request for proposal packet is available upon request from Noe Hernandez, Director of Purchasing, Sul Ross State University, P.O. Box C-116, Alpine, Texas 79832, phone (432) 837-8045, fax (432) 837-8046.

Vendors will be evaluated on credentials for the work to be done, previous successful experience on similar grant projects and interpersonal and written communication skills. Proposals will be evaluated on the fulfillment of the requirements as outlined in the specifications, a fee schedule which is appropriate to the proposed activities, and the quality of performance on previous contracts or experience on similar projects.

The University reserves the right to reject any and all proposals received if it is determined to be in the best interest of the University. All material submitted in response to this request becomes the property of the University and may be reviewed by other vendors after the official review of the proposals.

TRD-201001766

Ricardo Maestas

Executive Director

Sul Ross State University

Filed: April 12, 2010


Workforce Solutions Capital Area

Request for Proposals

Workforce Solutions Capital Area Workforce Board is soliciting proposals from qualified organizations to provide comprehensive, year-round services to eligible youth under the Workforce Investment Act (WIA).

The Request for Proposal (RFP) is available beginning Wednesday, April 7, 2010, 1:00 p.m. (CST). Copies of the RFP are available at the Board office located at 6505 Airport Blvd., Suite 101E, Austin, Texas 78752, during normal business hours (Monday-Friday, 8:00 a.m. to 5:00 p.m.) except for holidays. A copy of the RFP may also be requested via e-mail by sending a request to niki.sanders@twc.state.tx.us with the following information: name of organization, contact person, complete physical address, phone and fax numbers, and e-mail address. You may also download the RFP from our website www.wfscapitalarea.com.

A bidder's conference will be held at the Board office on April 15, 2010, 1:00 p.m. Proposals must be received by Workforce Solutions Capital Area no later than 12:00 p.m. (noon, CST), on Monday, May 10, 2010.

TRD-201001608

Niki Sanders

Executive Assistant/HR

Workforce Solutions Capital Area

Filed: April 7, 2010


Texas Youth Commission

Request for Proposals

RFP Number: 694-0-L107

The Texas Youth Commission (TYC) is advertising this solicitation in accordance with Texas Government Code, §2155.067 and §2254.029. TYC is of the opinion that the requested consulting services are proprietary to one provider and/or to the specifications. Only responses conforming exactly to theses specifications will be considered in determining an award. TYC strongly encourages responses from all qualified providers who may be able to provide the specified services.

TYC is soliciting a proposal from Eugene W. Wang, Ph.D. Dr. Wang will be utilized as a consultant to participate in training the Statewide Positive Behavior Interventions and Support (PBIS) Team, and will train internal evaluation teams in accordance with Attachment A, TYC PBIS Project Evaluation Plan. Attachment A may be viewed by accessing the web address included below. Dr. Wang is considered to be the leading industry expert in this area. He possesses the expertise and specialized technical knowledge of the PBIS Program.

Consultant will establish any new data collection processes in collaboration with TYC, and determine how best to digitize existing hardcopy data needed for evaluation.

Consultant will meet quarterly via videoconference to monitor TYC evaluation teams, and will visit each facility once to observe progress.

Consultant will conduct data analyses for TYC at the facility level and individual youth level to determine PBIS program fidelity.

Consultant will also prepare a report for TYC's review, and indicate factors related to implementation of PBIS that yield the best outcomes in terms of academic achievement and successful transition to the community.

Proposals must be received at TYC prior to April 30, 2010 at 5:00 p.m. CDT.

Proposals must be submitted to: TYC Central Office, 4900 North Lamar Blvd., Austin, Texas 78751. Attn: Shannon Pleasant, Contracts Section.

Proposals must be placed in a sealed envelope/package and correctly identified with RFP number and submittal opening date and time. It is the respondent's responsibility to appropriately mark and deliver the offer to TYC by the specified date.

Respondents to this RFP are responsible for all costs of offer preparation.

TYC anticipates awarding a firm fixed price contract for these services.

To obtain a copy of the RFP, interested bidders may download this RFP from the Texas Electronic State Business Daily (ESBD) at the following address: http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=87923

Please check the ESBD frequently for amendments that may be posted. Amendments will be posted on the ESBD; however, TYC will not be responsible for a respondent's failure to check for any amendments or changes regarding this RFP. Respondents submitting a bid are required to acknowledge all amendments by attaching a signed copy of the amendment to the proposal.

If respondents do not have Internet access, copies may be obtained by submitting a written request noting the RFP number to:

Texas Youth Commission

Attn: Shannon Pleasant

4900 North Lamar Blvd.

Austin, Texas 78751

Telephone: (512) 424-6233

Facsimile: (512) 424-6337

E-mail: shannon.l.pleasant@tyc.state.tx.us

TRD-201001609

Cheryln K. Townsend

Executive Director

Texas Youth Commission

Filed: April 7, 2010


Request for Proposals

RFP Number: 694-0-L109

The Texas Youth Commission (TYC) is advertising this solicitation in accordance with Texas Government Code, §2155.067 and §2254.029. TYC is of the opinion that the requested consulting services are proprietary to one provider and/or to the specifications. Only responses conforming exactly to theses specifications will be considered in determining an award. TYC strongly encourages responses from all qualified providers who may be able to provide the specified services.

TYC is soliciting a proposal from Bray Associates for the purpose of providing training, consultation, and technical assistance. Bray Associates will be utilized as a consultant to help develop and improve reform services to girls at the Ron Jackson State Juvenile Correctional Complex. Bray Associates are considered to be an industry leader for these services. They possess the expertise and specialized technical knowledge required for this consulting contract. The scope of work will include the following outcomes:

a. Strengthen program structure, systems, and accountability to increase compliance with gender responsive principles.

b. Reallocation of staffing resources to increase program effectiveness and therapeutic interventions.

c. Strengthen Gender and Trauma Responsive Care Management.

d. Increase Gender and Trauma Responsive Mental Health Services.

e. Increase level of safety across the six developmental domains.

f. Reduction of acting out behaviors and increase in emotional, relational, and physical safety.

g. Institutionalize behavioral incentives, levels, and value-based teaching model.

h. Increase skill level of staff to reflect a therapeutic, competent, and compassionate approach to girls.

i. Increase institutional capacity to exercise professional judgment consistent with quality assurance standards.

j. Eliminate protocols that re-traumatize girls.

k. Increase alignment of comprehensive individualized needs with care management, safety, and treatment plans.

Proposals must be received at TYC prior to April 30, 2010 at 5:00 p.m. CDT.

Proposals must be submitted to: TYC Central Office, 4900 North Lamar Blvd., Austin, Texas 78751. Attn: Shannon Pleasant, Contracts Section.

Proposals must be placed in a sealed envelope/package and correctly identified with RFP number and submittal opening date and time. It is the respondent's responsibility to appropriately mark and deliver the offer to TYC by the specified date.

Respondents to this RFP are responsible for all costs of offer preparation.

TYC anticipates awarding a firm fixed price contract for these services.

To obtain a copy of the RFP, interested bidders may download this RFP from the Texas Electronic State Business Daily (ESBD) at the following address: http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=87923

Please check the ESBD frequently for amendments that may be posted. Amendments will be posted on the ESBD; however, TYC will not be responsible for a respondent's failure to check for any amendments or changes regarding this RFP. Respondents submitting a bid are required to acknowledge all amendments by attaching a signed copy of the amendment to the proposal.

If respondents do not have Internet access, copies may be obtained by submitting a written request noting the RFP number to:

Texas Youth Commission

Attn: Shannon Pleasant

4900 North Lamar Blvd.

Austin, Texas 78751

Telephone: (512) 424-6233

Facsimile: (512) 424-6337

e-mail: shannon.l.pleasant@tyc.state.tx.us

TRD-201001610

Cheryln K. Townsend

Executive Director

Texas Youth Commission

Filed: April 7, 2010