Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out

In Addition Texas Secretary of State

VIEWS: 13 PAGES: 43

									Texas State Affordable Housing Corporation                                   Visit www.tsahc.org to view the current maximum purchase prices al­
                                                                             lowed. Two-family, three-family and four-family residences are also
Notice of the Implementation of a 2012A Qualified Mortgage                    eligible, provided that one of the units will be occupied by the mort­
Credit Certificate Program                                                    gagor as his or her principal residence and that the residence was first
The Texas State Affordable Housing Corporation (the "Corporation"),          occupied for residential purposes at least five years prior to the closing
a nonprofit corporation organized under the laws of the State of Texas        of the mortgage.
(the "Program Area"), is implementing a qualified mortgage credit cer­        Anyone receiving an MCC and selling his or her residence within nine
tificate program (the "Program") within the Program Area to assist eli­       years of the issuance of the MCC may be required to return all or a
gible purchasers. A Mortgage Credit Certificate ("MCC") is an instru­         portion of the tax credit received in connection therewith to the Internal
ment designed to assist persons to better afford home ownership. The         Revenue Service.
MCC Program allows first-time homebuyers an annual federal income
tax credit equal to the lesser of $2,000 or the credit rate for the MCC      To defray the costs of implementing the Program, the Corporation will
multiplied by the amount of interest paid by the holder on a home mort­      charge applicants a $100 application fee, a $250 closing package re­
gage loan during each year that they occupy the home as their principal      view fee, plus an MCC issuance fee equal to one percent of the amount
residence.                                                                   of such person’s loan.
An eligible purchaser of a residence located within a Program Area may       The Corporation strongly encourages anyone who believes that he
apply to the Corporation for an MCC through a participating lender of        or she qualifies for an MCC to apply at the offices of a participat­
his or her choice at the time of purchasing a principal residence and        ing lender. For more information regarding the Program and its
obtaining a mortgage loan from a participating lender.                       restrictions, including a list of current participating lenders, please
                                                                             contact Paige McGilloway, Single Family Programs Manager, at (888)
To be an eligible purchaser to receive an MCC, a purchaser must meet         638-3555 or by email at pmcgilloway@tsahc.org.
the following criteria:
                                                                             TRD-201104413
(1) Be one of the following:                                                 David Long
(a) A person living in Texas whose annual household income does not          President
exceed 80% Area Median Family Income (AMFI); or                              Texas State Affordable Housing Corporation
                                                                             Filed: October 18, 2011
(b) A full-time Texas classroom teacher, teacher’s aide, school librar­
ian, school nurse, school counselor, or an allied health or nursing fac­                           ♦             ♦            ♦
ulty member whose annual family income does not exceed 115% of
AMFI (for families of three or more persons) or 100% of AMFI (for            Office of the Attorney General
families of two persons or less); or                                         Notice of Amendment and Extension to a Major Consulting
(c) A full-time paid fire fighter, peace officer, corrections officer, juve­     Contract
nile corrections officer, county jailer, EMS personnel, or public security    The Office of the Attorney General of Texas (OAG) announces the
officer, working in the State of Texas whose annual family income does        amendment and extension of contract #08-C0074 with Deloitte Con­
not exceed 115% of AMFI (for families of three or more persons) or           sulting, LLP, an entity with a principal place of business at 400 West
100% of AMFI (for families of two persons or less).                          15th Street, Suite 1700, Austin, Texas 78701. Under the amended and
Visit www.tsahc.org for a more complete description of the maximum           extended contract, the contractor will provide "Development and Con­
income limits.                                                               tinuity Assurance" by:
(2) The applicant for the MCC cannot have had an ownership interest          (1) Reviewing solutions and work products produced by an implemen­
in his or her principal residence during the three-year period ending on     tation vendor for quality, completeness, adherence to standards, and
the date the mortgage loan is obtained.                                      alignment with the T2 end-state architecture.
(3) The applicant must intend to occupy the residence with respect to        (2) Building out the necessary technical environments for system test­
which the MCC is obtained as his or her principal residence within 60        ing, training, and production environments for the Phase 1 renewal.
days after the MCC is issued. The MCC issued to an applicant will be         (3) Implementing changes to the system development lifecycle pro­
revoked if the residence to which the MCC relates ceases to be occupied      cesses and tools as approved by CSD.
by the applicant as his or her principal residence.
                                                                             (4) Gathering requirements for additional functionality included within
(4) The MCC cannot be issued to an applicant in conjunction with the         the scope of the Child Support Enforcement System renewals.
replacement or refinancing of an existing mortgage loan. The MCC
can, however, be obtained in conjunction with the replacement of a           The total value of the contract amendment will not exceed $7,059,662.
construction period or bridge loan having a term of less than 24 months.     The contract has been extended to August 31, 2012, unless extended
                                                                             or terminated sooner by the OAG. The contractor must complete and
(5) Federal law imposes limitations on the purchase price of homes fi­        submit all deliverables under the contract to the OAG by August 31,
nanced under the program. These limitations are periodically adjusted.



                                                                            IN ADDITION            October 28, 2011            36 TexReg 7373
2012. The contract includes an OAG option for up to a four calendar         Contact Charles Caldwell, ABTPA Director, Texas Automobile Bur­
month extension that can be exercised at OAG’s sole discretion.             glary and Theft Prevention Authority, (512) 374-5101.
For information regarding this publication, contact Zindia Thomas,          Detailed specifications, including selection process and schedule for
Agency Liaison, at (512) 936-9901.                                          workshops for applicants will be made available through ABTPA.
TRD-201104416
                                                                            Copies of the Administrative Guide and the application can be found
                                                                            at www.txwatchyourcar.com.
Jay Dyer
Deputy Attorney General                                                     Application Workshops: A mandatory workshop for all applicants
Office of the Attorney General                                               that wish to apply for the Texas Automobile Burglary and Theft Preven­
Filed: October 18, 2011                                                     tion Grant funds with at least one (1) representative has been selected
                                                                            to be held:
                       ♦           ♦            ♦                           Monday - Tuesday, March 19 - 20, 2012, Austin, Texas, 1:00: p.m. ­
Automobile Burglary and Theft Prevention Au-                                5:00 p.m., Doubletree Hotel Austin, 6505 IH-35 North, Austin, Texas
thority                                                                     78752, (800) 347-0330, Group Code: Texas Department of Motor Ve-
                                                                            hicles.
Request for Applications Under the Automobile Burglary and
Theft Prevention Authority Fund                                             Attendees are responsible for making individual hotel reservations.
                                                                            Registration for the workshops must be done on the ABTPA website
Notice of Invitation for Applications:                                      at www.txwatchyourcar.com.
The Automobile Burglary and Theft Prevention Authority is soliciting        Application Deadline and Submission Requirements: The Author­
applications for grants to be awarded for projects under the Automo­        ity must receive applications by 5:00 p.m., Friday, May 4, 2012 or post­
bile Burglary and Theft Prevention Authority (ABTPA) Fund. This             marked by May 4, 2012. Each Application must:
grant cycle will be one year in duration, and will begin on Septem­
ber 1, 2012. One or more of the following types of projects may be          1. Include all signed certifications and signature pages.
awarded, depending on the availability of funds:                            2. If submitting hardcopy, application can be mailed or delivered to:
Law Enforcement/Detection/Apprehension Projects, to establish               Texas Automobile Burglary and Theft Prevention Authority, 4000
motor vehicle burglary and theft enforcement teams and other de­            Jackson Avenue Austin, Texas 78731.
tection/apprehension programs. Priority funding may be provided             3. Submit the original copy of the proposal.
to state, county, precinct commissioner, general or home rule cities
for enforcement programs in particular areas of the state where the         4. Facsimile transmissions will not be accepted. If mailed, applica­
problem is assessed as significant. Enforcement efforts covering             tions must be marked "Personal and Confidential" and addressed to the
multiple jurisdictional boundaries may receive priority for funding.        contact person listed above. If delivered, please leave application with
                                                                            the contact person (or designee) at the address listed.
Prosecution/Adjudication/Conviction Projects, to provide for pros­
ecutorial and judicial programs designed to assist with the prosecution     Selection Process:
of persons charged with motor vehicle burglary and theft offenses.          Applications will be selected according to rules, §§57.2, 57.4, 57.7, and
Prevention, Anti-Theft Devices and Automobile Registration                  57.14, as published in Texas Administrative Code, Title 43, Chapter 57.
Projects, to test experimental equipment which is considered to be          Grant award decisions by ABTPA are final and not subject to judicial
designed for auto theft deterrence and registration of vehicles in the      review. Grants will be awarded on or before September 1, 2012.
Texas Help End Auto Theft (H.E.A.T.) Program.                               TRD-201104421
Reduction of the Sale of Stolen Vehicles or Parts Projects, to pro­         Charles Caldwell
vide vehicle identification number labeling, including component part        Director
labeling and etching methods designed to deter the sale of stolen vehi­     Automobile Burglary and Theft Prevention Authority
cles or parts.                                                              Filed: October 18, 2011
Public Awareness and Crime Prevention/Education/Information                                       ♦             ♦             ♦
Projects, to provide education and specialized training to law enforce­
ment officers in auto burglary and theft prevention procedures, provide      Capital Area Rural Transportation System
information linkages between state law enforcement agencies on auto         Request for Proposals
theft crimes, and develop a public information and education program
on theft prevention measures.                                               CARTS is accepting proposals from qualified and experienced firms
                                                                            to provide a fixed route scheduling software application, including op­
Eligible Applicants:                                                        tional trip planner, that displays the data in schedules, route informa­
State agencies, local general-purpose units of government, indepen­         tion, or interagency transit itineraries on websites and at CARTS bus
dent school districts, nonprofit, and for profit organizations are eligible   stations and integrates the CARTS electronic fare media card, and in­
to apply for grants for automobile burglary and theft prevention assis­     corporates a real-time communications system to connect the public
tance projects. Nonprofit and profit organizations shall be required to       and transit agencies to the software programs via the CARTS website.
provide with their grant applications sufficient documentation to eval­      CARTS hereby notifies all bidders that in regard to any contract en­
uate the credibility and the community support of the organization and      tered into pursuant to this advertisement; Disadvantaged business En­
the viability of the organization’s existing activities in the context of   terprises (as defined 49 C.F.R. part 26) will not be subject to discrimi­
providing automobile burglary and theft prevention assistance.              nation on the basis of race, color, sex or national origin in consideration
                                                                            for an award. CARTS reserves the right to reject any and all proposals
Contact Person:                                                             and to re-advertise for proposals. Response deadline is November 14,
                                                                            2011 at 2:00 p.m. (CDT.)



36 TexReg 7374             October 28, 2011           Texas Register
RFP documents will be available via e-mail only beginning on October                              ♦           ♦               ♦
17, 2011 from:                                                            Office of Consumer Credit Commissioner
Kristi Urkuski, Office Manager
                                                                          Notice of Rate Ceilings
CARTS
                                                                          The Consumer Credit Commissioner of Texas has ascertained the fol­
P.O. Box 6050                                                             lowing rate ceilings by use of the formulas and methods described in
                                                                          §§303.003, 303.009, and 304.003, Texas Finance Code.
Austin, Texas 78762
                                                                          The weekly ceiling as prescribed by §303.003 and §303.009
Email: Kristi@RideCARTS.com
                                                                          for the period of 10/24/11 - 10/30/11 is 18% for Con­
TRD-201104337                                                             sumer1/Agricultural/Commercial2 credit through $250,000.
Michelle Maronde
                                                                          The weekly ceiling as prescribed by §303.003 and §303.009 for the
Assistant General Manager, Finance & Administration
                                                                          period of 10/24/11 - 10/30/11 is 18% for Commercial over $250,000.
Capital Area Rural Transportation System
Filed: October 13, 2011                                                   The judgment ceiling as prescribed by §304.003 for the period of
                                                                          11/01/11 - 11/30/11 is 5.00% for Consumer/Agricultural/Commer­
                      ♦           ♦           ♦                           cial/credit through $250,000.
Comptroller of Public Accounts                                            The judgment ceiling as prescribed by §304.003 for the period of
Certification of the Average Taxable Price of Gas and Oil ­                11/01/11 - 11/30/11 is 5.00% for Commercial over $250,000.
September 2011                                                            1   Credit for personal, family or household use.
The Comptroller of Public Accounts, administering agency for the col­     2   Credit for business, commercial, investment or other similar purpose.
lection of the Crude Oil Production Tax, has determined that the av­      TRD-201104412
erage taxable price of crude oil for reporting period September 2011,
                                                                          Leslie L. Pettijohn
as required by Tax Code, §202.058, is $72.57 per barrel for the three-
                                                                          Commissioner
month period beginning on June 1, 2011, and ending August 31, 2011.
Therefore, pursuant to Tax Code, §202.058, crude oil produced dur­        Office of Consumer Credit Commissioner
ing the month of September 2011, from a qualified Low-Producing Oil        Filed: October 18, 2011
Lease, is not eligible for exemption from the crude oil production tax                            ♦           ♦               ♦
imposed by Tax Code, Chapter 202.
                                                                          Request for Interpretation of Subtitle A, Title 4
The Comptroller of Public Accounts, administering agency for the col­
lection of the Natural Gas Production Tax, has determined that the av­    Under Texas Finance Code, §14.108, the Consumer Credit Commis­
erage taxable price of gas for reporting period September 2011, as re­    sioner may issue interpretations of Subtitle A or B, Title 4, after ap­
quired by Tax Code, §201.059, is $3.26 per mcf for the three-month        proval of the interpretation by the Finance Commission. The provi­
period beginning on June 1, 2011, and ending August 31, 2011. There­      sions of Texas Government Code, Chapter 2001 that relate to the adop­
fore, pursuant to Tax Code, §201.059, gas produced during the month       tion of an administrative rule do not apply to the issuance of an inter­
of September 2011, from a qualified Low-Producing Well, is eligible        pretation under this section.
for 25% credit on the natural gas production tax imposed by Tax Code,
                                                                          The Consumer Credit Commissioner has received the following re­
Chapter 201.
                                                                          quest for an interpretation:
The Comptroller of Public Accounts, administering agency for the col­
                                                                          Request Number 2011-01. Request from Brian C. Potter, of Austin,
lection of the Franchise Tax, has determined, as required by Tax Code,
                                                                          Texas regarding the following questions:
§171.1011(s), that the average closing price of West Texas Intermedi­
ate crude oil for the month of September 2011, is $85.61 per barrel.      1) Is a debit card that can trigger access to an "open-end" account such
Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall     as a line of credit, or a "margin" account considered a "credit card" as
not exclude total revenue received from oil produced during the month     contemplated by §339.001 of the Texas Finance Code?
of September 2011, from a qualified low-producing oil well.
                                                                          2) If a retailer places a surcharge on a transaction on a card that can
The Comptroller of Public Accounts, administering agency for the col­     trigger access to an "open-end" account, regardless of whether it is pro­
lection of the Franchise Tax, has determined, as required by Tax Code,    cessed as "debit" or "credit" card transaction, is the retailer in violation
§171.1011(s), that the average closing price of gas for the month of      of §339.001 of the Texas Finance Code, and subject to penalties?
September 2011, is $3.85 per MMBtu. Therefore, pursuant to Tax
                                                                          Interested parties may submit briefs and proposals pertaining to
Code, §171.1011(r), a taxable entity shall exclude total revenue re­
                                                                          the issues under consideration to Laurie Hobbs, Assistant General
ceived from gas produced during the month of September 2011, from
                                                                          Counsel, Office of Consumer Credit Commissioner, 2601 North
a qualified low-producing gas well.
                                                                          Lamar Boulevard, Austin, Texas 78705-4207 or by email to lau­
Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy      rie.hobbs@occc.state.tx.us. To be considered, briefs and proposals
Division, P.O. Box 13528, Austin, Texas 78711-3528.                       must be received on or before the 31st day after the date this request
TRD-201104379                                                             for interpretation is published in the Texas Register.
Ashley Harden                                                             TRD-201104440
General Counsel                                                           Leslie L. Pettijohn
Comptroller of Public Accounts                                            Commissioner
Filed: October 17, 2011                                                   Office of Consumer Credit Commissioner
                                                                          Filed: October 19, 2011




                                                                         IN ADDITION              October 28, 2011            36 TexReg 7375
                      ♦             ♦            ♦                           Cathy Cochran, Judge
Court of Criminal Appeals                                                    ____________________
IN THE COURT OF CRIMINAL APPEALS OF TEXAS                                    Elsa Alcala, Judge
Misc. Docket No. 11-006                                                      31.4. Stay of Mandate
APPROVAL OF REVISIONS TO THE TEXAS RULES OF APPEL­                           (a) When Motion for Stay Required. Despite Rule 18 or any other of
LATE PROCEDURE                                                               these rules, in the following circumstances a party who in good faith in­
                                                                             tends to seek discretionary review must--within 15 days after the court
ORDERED that:
                                                                             of appeals renders judgment--file with the court of appeals clerk a mo­
1. The Texas Rules of Appellate Procedure, Rule 31.4(b) & (c) and            tion for stay of mandate, to which is appended the party’s petition for
Appendix: Certification of Defendant’s Right of Appeal are amended.           discretionary review showing reasons why the Court of Criminal Ap­
                                                                             peals should review the appellate court judgment:
2. These amendments take effect immediately.
                                                                             (1) when a court of appeals affirms the judgment of the trial court in an
3. The Clerk of the Court of Criminal Appeals is directed to file an
                                                                             extradition matter and thereby sanctions a defendant’s extradition; or
original of this Order with the Secretary of State forthwith, and to cause
a copy of this Order to be mailed to each registered member of the State     (2) when a court of appeals reverses the trial court’s judgment in a bail
Bar of Texas by publication in the Texas Bar Journal.                        matter--including bail pending appeal under Code of Criminal Proce­
                                                                             dure article 44.04(g)--and thereby grants or reduces the amount of bail.
SIGNED AND ENTERED October 17, 2011.
                                                                             (b) Determination of the Motion. The clerk must promptly submit the
____________________
                                                                             motion and appendix to the court of appeals, or to one or more judges
Sharon Keller, Presiding Judge                                               as the court deems appropriate, for immediate consideration and deter­
                                                                             mination.
____________________
                                                                             (1) If the motion for stay is granted, the clerk will file the petition for
Lawrence E. Meyers, Judge
                                                                             discretionary review and process the case in accordance with Rule 68.7
____________________                                                         immediately forward the petition for discretionary review to the clerk
                                                                             of the Court of Criminal Appeals.
Tom Price, Judge
                                                                             (2) If the motion is denied, the clerk will issue a mandate in accordance
____________________
                                                                             with the court of appeals’ judgment.
Paul Womack, Judge
                                                                             (c) Denial of Stay. If the motion for stay is denied under 31.4(b)(2),
____________________                                                         the losing party may then present the motion and appendix to the clerk
                                                                             of the Court of Criminal Appeals, who will promptly submit them to
Cheryl Johnson, Judge
                                                                             the Court, or to one or more judges as the Court deems appropriate,
____________________                                                         for immediate consideration and determination. The Court of Criminal
                                                                             Appeals may deny the motion or stay or recall the mandate. If the man­
Michael Keasler, Judge
                                                                             date is stayed or recalled, the clerk of the Court of Criminal Appeals
____________________                                                         court of appeals clerk will file the petition for discretionary review and
                                                                             process the case in accordance with Rule 68.7.
Barbara Hervey, Judge
____________________




36 TexReg 7376            October 28, 2011            Texas Register
IN ADDITION   October 28, 2011   36 TexReg 7377
TRD-201104380                                                             TRD-201104426
Louise Pearson                                                            Harold E. Feeney
Clerk of the Court                                                        Commissioner
Court of Criminal Appeals                                                 Credit Union Department
Filed: October 17, 2011                                                   Filed: October 19, 2011

                     ♦            ♦            ♦                                                 ♦            ♦             ♦
Credit Union Department                                                   Notice of Final Action Taken
Application to Expand Field of Membership                                 In accordance with the provisions of 7 TAC §91.103, the Credit Union
Notice is given that the following applications have been filed with the   Department provides notice of the final action taken on the following
Credit Union Department (Department) and are under consideration:         applications:

An application was received from Navy Army Community Credit               Applications to Expand Field of Membership - Approved
Union (#1), Corpus Christi, Texas to expand its field of membership.       First Service Credit Union, Houston, Texas - See Texas Register issue,
The proposal would permit persons who live, work, worship or attend       dated May 27, 2011.
school in, and businesses and other legal entities located within Hi­
dalgo County, Texas, to be eligible for membership in the credit union.   Tarrant County Credit Union, Fort Worth, Texas - See Texas Register
                                                                          issue, dated July 29, 2011.
An application was received from Navy Army Community Credit
Union (#2), Corpus Christi, Texas to expand its field of membership.       Cabot & NOI Employees Credit Union, Pampa, Texas - See Texas Reg-
The proposal would permit persons who live, work, worship or attend       ister issue, dated August 26, 2011.
school in, and businesses and other legal entities located within         Qualtrust Credit Union, Irving, Texas - See Texas Register issue, dated
Cameron County, Texas, to be eligible for membership in the credit        August 26, 2011.
union.
                                                                          Southside Credit Union, San Antonio, Texas (Amended) - Members of
An application was received from YOUR Community Credit Union              Los Compadres de San Antonio Missions National Historic Park who
(#1), Irving, Texas to expand its field of membership. The proposal        live or work in Atascosa, Bexar or Wilson Counties, Texas.
would permit persons who live, worship, attend school, or work within
a 15-mile radius of the YOUR Community Credit union branch located        Application for a Merger or Consolidation - Approved
at 9143 Boulevard 26, Suite 660, N. Richland Hill, Texas 76180, to be     Members Credit Union (Cleburne) and H-F Employees Federal Credit
eligible for membership in the credit union.                              Union, (Crowley) - See Texas Register issue, dated June 3, 2011.
An application was received from YOUR Community Credit Union              Articles of Incorporation - 50 Years to Perpetuity - Approved
(#2), Irving, Texas to expand its field of membership. The proposal
would permit persons who live, worship, attend school, or work in Dal­    Matagorda County Credit Union, Bay City, Texas
las County, Texas, to be eligible for membership in the credit union.     TRD-201104427
                                                                          Harold E. Feeney
An application was received from YOUR Community Credit Union
(#3), Irving, Texas to expand its field of membership. The proposal        Commissioner
would permit persons who live, worship, attend school, or work in Har­    Credit Union Department
ris County, Texas, to be eligible for membership in the credit union.     Filed: October 19, 2011

An application was received from First Service Credit Union, Houston,                            ♦             ♦            ♦
Texas to expand its field of membership. The proposal would permit         Texas Education Agency
employees of Saxon Drilling L.P. located at 9303 New Trails, Suite
300, The Woodlands, Texas 77381, and its wholly or majority owned         Notice of Correction
subsidiaries, to be eligible for membership in the credit union.
                                                                          The Texas Education Agency (TEA) published Request for Applica­
An application was received from Anheuser-Busch Employees’ Credit         tions (RFA) Concerning the Texas Literacy Initiative (TLI) Grant in
Union, St. Louis, Missouri to expand its field of membership. The pro­     the October 7, 2011, issue of the Texas Register (36 TexReg 6796).
posal would permit individuals, organizations and associations who are
                                                                          The TEA is amending part of the eligibility criteria to reflect the data
located, reside, or work within a ten mile radius of our branch located
                                                                          available at the time of the RFA posting as follows. All applicants
at 775 Gellhorn Dr., Houston, Texas 77029, to be eligible for member­
                                                                          must have a student population whose passing rate is below 90 percent
ship in the credit union.
                                                                          on the English language arts/reading portion of the 2011 Texas As­
Comments or a request for a meeting by any interested party relating      sessment of Knowledge and Skills (TAKS) for Grades 3-11 according
to an application must be submitted in writing within 30 days from the    to the TEA 2011 District Accountability Data Tables, which may be
date of this publication. Credit unions that wish to comment on any       generated online by following the District Data Table link at http://rit­
application must also complete a Notice of Protest form. The form         ter.tea.state.tx.us/perfreport/account/2011/index.html. For applicants
may be obtained by contacting the Department at (512) 837-9236 or         evaluated under the alternative education accountability procedures in
downloading the form at http://www.tcud.state.tx.us/applications.html.    the state accountability system, applicants must have a student pop­
Any written comments must provide all information that the interested     ulation whose passing rate is below 90 percent on the English lan­
party wishes the Department to consider in evaluating the application.    guage arts/reading portion of the TAKS Met 2010 Standard (Sum of All
All information received will be weighed during consideration of the      Grades Tested) (Standard Accountability Indicator) of the 2009-2010
merits of an application. Comments or a request for a meeting should      Academic Excellence Indicator System district report, which may be
be addressed to the Credit Union Department, 914 East Anderson Lane,      generated online by following the link at http://ritter.tea.state.tx.us/per­
Austin, Texas 78752-1699.                                                 freport/aeis/2010/index.html.



36 TexReg 7378           October 28, 2011           Texas Register
The TEA is also amending the ending date of the project and the date         FORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492;
from which pre-award costs are allowed as follows. Applicants should         REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
plan for a starting date of no earlier than March 8, 2012, and an ending     77023-1486, (713) 767-3500.
date for first-year funding of no later than September 30, 2012, with a
                                                                             (2) COMPANY: 471 LAND, INCORPORATED; DOCKET NUM­
possible extension to August 31, 2013, based on funding availability.
                                                                             BER: 2011-1259-EAQ-E; IDENTIFIER: RN106154263; LOCA­
Pre-award costs are allowed from award announcement date.
                                                                             TION: Medina County; TYPE OF FACILITY: sand and top soil
The TEA is also amending the number of grantees for which funding            mining; RULE VIOLATED: 30 TAC §213.5(a)(4), by failing to
will be provided as follows. Funding will be provided for approxi­           obtain approval of an aboveground storage tank facility plan prior to
mately 10 to 30 grantees.                                                    beginning a regulated activity over the Edwards Aquifer Transition
                                                                             Zone; PENALTY: $750; ENFORCEMENT COORDINATOR: Jeremy
Further Information. For clarifying information about the RFA, con­
                                                                             Escobar, (361) 825-3422; REGIONAL OFFICE: 14250 Judson Road,
tact Iris Adams, Division of Grants Administration, Texas Education
                                                                             San Antonio, Texas 78233-4480, (210) 490-3096.
Agency, (512) 463-8525.
TRD-201104414
                                                                             (3) COMPANY: AL-IMRAN ENTERPRISES, INCORPORATED dba
                                                                             Vargas Food Mart 2; DOCKET NUMBER: 2011-0788-PST-E; IDEN­
Cristina De La Fuente-Valadez
                                                                             TIFIER: RN102284767; LOCATION: Houston, Harris County; TYPE
Director, Rulemaking
                                                                             OF FACILITY: convenience store with retail sales of gasoline; RULE
Texas Education Agency                                                       VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by
Filed: October 18, 2011                                                      failing to monitor the underground storage tank for releases at a fre­
                      ♦            ♦            ♦                            quency of at least once every month (not to exceed 35 days between
                                                                             each monitoring); PENALTY: $2,650; ENFORCEMENT COORDI­
Texas Commission on Environmental Quality                                    NATOR: Lanae Foard, (512) 239-2554; REGIONAL OFFICE: 5425
Agreed Orders                                                                Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

The Texas Commission on Environmental Quality (TCEQ or commis­               (4) COMPANY: City of Carrollton; DOCKET NUMBER:
sion) staff is providing an opportunity for written public comment on        2010-1619-WQ-E; IDENTIFIER: RN101391456 and RN101384535;
the listed Agreed Orders (AOs) in accordance with Texas Water Code           LOCATION: Carrollton, Dallas County; TYPE OF FACILITY: public
(TWC), §7.075. TWC, §7.075 requires that before the commission               water system and a collection system; RULE VIOLATED: TWC,
may approve the AOs, the commission shall allow the public an op­            §26.121(a)(3), by failing to prevent the unauthorized discharge of a
portunity to submit written comments on the proposed AOs. TWC,               pollutant into or adjacent to water in the state; TWC, §26.039(b), by
§7.075 requires that notice of the proposed orders and the opportunity       failing to provide notification to the TCEQ of accidental discharges
to comment must be published in the Texas Register no later than the         which cause pollution; and TWC, §26.121(a)(1), by failing to prevent
30th day before the date on which the public comment period closes,          an unauthorized discharge of wastewater; PENALTY: $23,600; Sup­
which in this case is November 28, 2011. TWC, §7.075 also requires           plemental Environmental Project offset amount of $23,600 applied to
that the commission promptly consider any written comments received          Capture Net on Josey Lake Inlet; ENFORCEMENT COORDINA­
and that the commission may withdraw or withhold approval of an AO           TOR: Heather Brister, (254) 761-3034; REGIONAL OFFICE: 2309
if a comment discloses facts or considerations that indicate that con­       Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
sent is inappropriate, improper, inadequate, or inconsistent with the re­    (5) COMPANY: City of Liberty; DOCKET NUMBER: 2011-1103­
quirements of the statutes and rules within the commission’s jurisdic­       PWS-E; IDENTIFIER: RN101401040; LOCATION: Liberty, Liberty
tion or the commission’s orders and permits issued in accordance with        County; TYPE OF FACILITY: public water system; RULE VIO­
the commission’s regulatory authority. Additional notice of changes          LATED: 30 TAC §290.109(f)(3) and §290.122(b)(2)(A) and Texas
to a proposed AO is not required to be published if those changes are        Health and Safety Code, §341.031(a), by failing to comply with the
made in response to written comments.                                        Maximum Contaminant Level (MCL) for total coliform during the
A copy of each proposed AO is available for public inspection at both        months of November 2010 and January 2011, and by failing to provide
the commission’s central office, located at 12100 Park 35 Circle, Build­      public notice for exceeding the MCL for total coliform for the month
ing C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the ap­         of January 2011; 30 TAC §290.109(c)(3)(A)(i) and §290.122(c)(2)(A),
plicable regional office listed as follows. Written comments about an         by failing to collect a set of repeat distribution coliform samples
AO should be sent to the enforcement coordinator designated for each         within 24 hours of being notified of a total coliform-positive result on
AO at the commission’s central office at P.O. Box 13087, Austin, Texas        a routine sample and by failing to provide notice to persons served
78711-3087 and must be received by 5:00 p.m. on November 28, 2011.           by the facility regarding the failure to collect repeat samples during
Written comments may also be sent by facsimile machine to the en­            the month of January 2011; and 30 TAC §290.109(c)(4)(B), by failing
forcement coordinator at (512) 239-2550. The commission enforce­             to collect raw groundwater source Escherichia coli samples from
ment coordinators are available to discuss the AOs and/or the com­           all sources within 24 hours of being notified of the distribution total
ment procedure at the listed phone numbers; however, TWC, §7.075             coliform-positive result during the month of January 2011; PENALTY:
provides that comments on the AOs shall be submitted to the commis­          $2,440; ENFORCEMENT COORDINATOR: Jennifer Graves, (956)
sion in writing.                                                             430-6023; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Hous­
                                                                             ton, Texas 77023-1486, (713) 767-3500.
(1) COMPANY: 2000 IIG INCORPORATED dba Diamond
Smart 2; DOCKET NUMBER: 2011-1193-PST-E; IDENTIFIER:                         (6) COMPANY: City of Madisonville; DOCKET NUMBER:
RN101801157; LOCATION: Houston, Harris County; TYPE OF                       2011-1131-MWD-E; IDENTIFIER: RN101719821; LOCATION:
FACILITY: convenience store with retail sales of gasoline; RULE              Madison County; TYPE OF FACILITY: wastewater treatment;
VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety Code,               RULE VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1),
§382.085(b), by failing to verify proper operation of the Stage II           and Texas Pollutant Discharge Elimination System Permit Number
equipment at least once every 36 months; PENALTY: $2,933; EN­                WQ0010215001, Final Effluent Limitations and Monitoring Re­
                                                                             quirements Number 1, by failing to comply with permitted effluent



                                                                            IN ADDITION           October 28, 2011           36 TexReg 7379
limits; PENALTY: $7,860; Supplemental Environmental Project offset      (11) COMPANY: Golden and Silver Enterprises, Incorporated dba
amount of $6,288 applied to Austin Parks Foundation, Restoration        Stop N Joy; DOCKET NUMBER: 2011-0800-PST-E; IDENTIFIER:
and Rehabilitation of the Barton Springs Bypass Tunnel; ENFORCE­        RN102363231; LOCATION: Houston, Harris County; TYPE OF
MENT COORDINATOR: Lanae Foard, (512) 239-2554; REGIONAL                 FACILITY: convenience store with retail sales of gasoline; RULE
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826,         VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1),
(254) 751-0335.                                                         by failing to monitor the underground storage tanks for releases
                                                                        at a frequency of at least once per month (not to exceed 35 days
(7) COMPANY: COMMERCIAL METALS COMPANY dba CMC
                                                                        between each monitoring); PENALTY: $2,550; ENFORCEMENT
Recycling Commerce; DOCKET NUMBER: 2011-1233-PST-E;
                                                                        COORDINATOR: Roshondra Lowe, (713) 767-3553; REGIONAL
IDENTIFIER: RN103028593; LOCATION: Dallas, Dallas County;
                                                                        OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC
                                                                        (713) 767-3500.
§334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor
the underground storage tank for releases at a frequency of at least    (12) COMPANY: JACK COOPER TRANSPORT COMPANY,
once every month (not to exceed 35 days between each monitoring);       INCORPORATED; DOCKET NUMBER: 2011-1038-PST-E; IDEN­
PENALTY: $1,875; ENFORCEMENT COORDINATOR: Charles                       TIFIER: RN100592765; LOCATION: Arlington, Tarrant County;
Lockwood, (512) 239-1653; REGIONAL OFFICE: 2309 Gravel                  TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.                    §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a
                                                                        previously issued underground storage tank (UST) delivery certificate
(8) COMPANY: Davis Gas Processing, Incorporated; DOCKET
                                                                        by submitting a properly completed UST registration and self-cer­
NUMBER: 2011-1119-AIR-E; IDENTIFIER: RN100217686; LO­
                                                                        tification form at least 30 days before the expiration date; 30 TAC
CATION: Big Lake, Reagan County; TYPE OF FACILITY: gas
                                                                        §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make avail­
processing; RULE VIOLATED: Federal Operating Permit (FOP)
                                                                        able to a common carrier a valid, current TCEQ delivery certificate
Number O3060, Special Terms and Conditions (STC) Number 5, New
                                                                        before accepting delivery of a regulated substance into the USTs;
Source Review Permit (NSRP) Number 48944, Special Conditions
                                                                        30 TAC §37.815(a) and (b), by failing to demonstrate acceptable
(SC) Number 1, 30 TAC §116.115(c) and §122.143(4), and Texas
                                                                        financial assurance for taking corrective action and for compensating
Health and Safety Code (THSC), §382.085(b), by failing to prevent
                                                                        third parties for bodily injury and property damage caused by acci­
unauthorized emissions (Incident Number 150548); FOP Number
                                                                        dental releases arising from the operation of petroleum USTs; and
O3060, STC Number 5, NSRP Number 48944, SC Number 1, 30 TAC
                                                                        30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to
§116.115(c) and §122.143(4), and THSC, §382.085(b), by failing
                                                                        monitor the USTs for releases at a frequency of at least once every
to prevent unauthorized emissions (Incident Number 150594); FOP
                                                                        month (not to exceed 35 days between each monitoring); PENALTY:
Number O3060, STC Number 5, NSRP Number 48944, SC Number
                                                                        $6,749; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512)
1, 30 TAC §116.115(c) and §122.143(4), and THSC, §382.085(b), by
                                                                        239-0577; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth,
failing to prevent unauthorized emissions (Incident Number 152785);
                                                                        Texas 76118-6951, (817) 588-5800.
and 30 TAC §101.201(a) and THSC, §382.085(b), by failing to submit
initial notifications for Incident Numbers 150548, 150594, and 152785    (13) COMPANY: Kathy Luu dba A Nam Gas; DOCKET NUMBER:
within 24 hours after discovery of the emissions events; PENALTY:       2011-1209-PST-E; IDENTIFIER: RN100884709; LOCATION: Hous­
$11,310; ENFORCEMENT COORDINATOR: Rebecca Johnson,                      ton, Harris County; TYPE OF FACILITY: convenience store with
(361) 825-3423; REGIONAL OFFICE: 622 South Oakes, Suite K,              retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4)
San Angelo, Texas 76903-7013, (325) 655-9479.                           and TWC, §26.3475(d), by failing to have the cathodic protection
                                                                        system inspected and tested for operability and adequacy of protec­
(9) COMPANY: E. Z. GOOD INCORPORATED dba Q
                                                                        tion at a frequency of at least once every three years; and 30 TAC
Mart; DOCKET NUMBER: 2011-1287-PST-E; IDENTIFIER:
                                                                        §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor
RN102435427; LOCATION: Houston, Harris County; TYPE OF
                                                                        the underground storage tanks for releases at a frequency of at least
FACILITY: convenience store with retail sales of gasoline; RULE
                                                                        once per month (not to exceed 35 days between each monitoring);
VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1),
                                                                        PENALTY: $6,329; ENFORCEMENT COORDINATOR: Elvia
by failing to monitor the underground storage tanks for releases at
                                                                        Maske, (512) 239-0789; REGIONAL OFFICE: 5425 Polk Avenue,
a frequency of at least once every month; PENALTY: $2,600; EN­
                                                                        Suite H, Houston, Texas 77023-1486, (713) 767-3500.
FORCEMENT COORDINATOR: Marcia Alonso, (512) 239-2616;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas              (14) COMPANY: KBCH, LLC dba Oliver Creek Store; DOCKET
77023-1486, (713) 767-3500.                                             NUMBER: 2011-1321-PST-E; IDENTIFIER: RN101890895; LO­
                                                                        CATION: Decatur, Wise County; TYPE OF FACILITY: convenience
(10) COMPANY: Federal Aviation Administration; DOCKET NUM­
                                                                        store with retail sales of gasoline and diesel; RULE VIOLATED: 30
BER: 2011-0855-PST-E; IDENTIFIER: RN102130572; LOCATION:
                                                                        TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by
Euless, Tarrant County; TYPE OF FACILITY: air traffic control tower
                                                                        failing to monitor the underground storage tanks (USTs) for releases
with an emergency power generator and four underground storage
                                                                        at a frequency of at least once every month (not to exceed 35 days
tanks (USTs); RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and
                                                                        between each monitoring) and by failing to provide proper release
(5)(B)(ii), by failing to renew a delivery certificate by submitting a
                                                                        detection for the pressurized piping associated with the UST system;
properly completed UST registration and self-certification form at
                                                                        PENALTY: $2,497; ENFORCEMENT COORDINATOR: Merrilee
least 30 days before the expiration date; and 30 TAC §334.50(b)(1)(A)
                                                                        Hupp, (512) 239-4490; REGIONAL OFFICE: 2309 Gravel Drive,
and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the
                                                                        Fort Worth, Texas 76118-6951, (817) 588-5800.
USTs for releases at a frequency of at least once per month (not to
exceed 35 days between each monitoring) and by failing to provide       (15) COMPANY: KD ALLSEASON, INCORPORATED dba K D All
proper release detection for the pressurized piping associated with     Season 1; DOCKET NUMBER: 2011-1197-PST-E; IDENTIFIER:
the USTs; PENALTY: $4,500; ENFORCEMENT COORDINATOR:                     RN101908721; LOCATION: Houston, Harris County; TYPE OF
Keith Frank, (512) 239-1203; REGIONAL OFFICE: 2309 Gravel               FACILITY: convenience store with retail sales of gasoline; RULE
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.                    VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1),




36 TexReg 7380          October 28, 2011           Texas Register
by failing to monitor the underground storage tanks for releases at a      and §334.8(c)(4)(A)(vii) and (C), by failing to renew the underground
frequency of at least once every month (not to exceed 35 days between      storage tank (UST) delivery certificate and by failing to notify the
each monitoring); PENALTY: $5,500; ENFORCEMENT COORDI­                     agency of any change or additional information regarding the UST
NATOR: Andrea Park, (512) 239-4575; REGIONAL OFFICE: 5425                  system within 30 days after change in operator of the facility; 30 TAC
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.           §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make avail­
                                                                           able to a common carrier a valid, current TCEQ delivery certificate
(16) COMPANY: Kenneth W. Blevins; DOCKET NUMBER:
                                                                           before accepting delivery of a regulated substance into the USTs; 30
2011-1049-PST-E; IDENTIFIER: RN101783496; LOCATION:
                                                                           TAC §37.815(a) and (b), by failing to demonstrate acceptable financial
George West, Live Oak County; TYPE OF FACILITY: property
                                                                           assurance for taking corrective action and for compensating third
with three underground storage tanks (USTs); RULE VIOLATED:
                                                                           parties for bodily injury and property damage caused by accidental
30 TAC §334.55(a)(5), by failing to prevent the disposal of regulated
                                                                           releases arising from the operation of petroleum USTs; and 30 TAC
substances removed from the UST system to an unauthorized facility;
                                                                           §334.50(b)(1)(A) and (2) and TWC, §26.3475(a), (b), and (c)(1), by
PENALTY: $4,265; ENFORCEMENT COORDINATOR: Mike Pace,
                                                                           failing to monitor USTs for releases at a frequency of at least once
(817) 588-5933; REGIONAL OFFICE: 6300 Ocean Drive, Suite
                                                                           every month (not to exceed 35 days between each monitoring) and
1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
                                                                           by failing to provide proper release detection for the pressurized
(17) COMPANY: MHC TT, Incorporated; DOCKET NUMBER:                         and suction piping associated with the UST system; PENALTY:
2011-0963-MWD-E; IDENTIFIER: RN101714871; LOCATION: Hill                   $12,012; ENFORCEMENT COORDINATOR: Brianna Carlson,
County; TYPE OF FACILITY: wastewater treatment plant; RULE                 (956) 430-6021; REGIONAL OFFICE: 2800 South IH 35, Suite 100,
VIOLATED: 30 TAC §305.125(1) and (17) and §319.7(d), and Texas             Austin, Texas 78704-5712, (512) 339-2929.
Pollutant Discharge Elimination System (TPDES) Permit Number
                                                                           (21) COMPANY: SADASH CORPORATION dba Boyd Kwik
WQ0013075001, Monitoring and Reporting Requirements Number
                                                                           Stop; DOCKET NUMBER: 2011-1200-PST-E; IDENTIFIER:
1, by failing to timely submit monitoring results at intervals specified
                                                                           RN101433944; LOCATION: Boyd, Wise County; TYPE OF FA­
in the permit; and 30 TAC §305.125(1) and (17) and TPDES Permit
                                                                           CILITY: convenience store with retail sales of gasoline; RULE
Number WQ0013075001, Sludge Provisions, by failing to timely sub­
                                                                           VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing
mit the annual sludge report for the monitoring period ending July 31,
                                                                           to provide proper release detection for the piping associated with the
2010 by September 1, 2010; PENALTY: $1,000; ENFORCEMENT
                                                                           underground storage tanks; PENALTY: $3,879; ENFORCEMENT
COORDINATOR: Heather Brister, (254) 761-3034; REGIONAL
                                                                           COORDINATOR: Charles Lockwood, (512) 239-1653; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826,
                                                                           OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817)
(254) 751-0335.
                                                                           588-5800.
(18) COMPANY: ONEOK Hydrocarbon Southwest, LLC; DOCKET
                                                                           (22) COMPANY: SAM LIM, INCORPORATED dba J and J Quick-
NUMBER: 2011-0659-AIR-E; IDENTIFIER: RN100209949; LO­
                                                                           stop; DOCKET NUMBER: 2011-1237-PST-E; IDENTIFIER:
CATION: Mont Belvieu, Chambers County; TYPE OF FACILITY:
                                                                           RN101444446; LOCATION: Fort Worth, Tarrant County; TYPE OF
natural gas liquids fractionation plant; RULE VIOLATED: 30 TAC
                                                                           FACILITY: convenience store with retail sales of gasoline; RULE
§116.115(b)(2)(F) and (c) and §122.143(4), Texas Health and Safety
                                                                           VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1),
Code (THSC), §382.085(b), New Source Review (NSR) Permit Num­
                                                                           by failing to monitor underground storage tanks for releases at a
ber 3956B, Special Conditions (SC) Number 1, and Federal Operating
                                                                           frequency of at least once per month (not to exceed 35 days between
Permit (FOP) Number O107, Special Terms and Conditions (STC)
                                                                           each monitoring); and 30 TAC §334.72, by failing to report a sus­
Number 10, by failing to comply with the permitted volatile organic
                                                                           pected release to the TCEQ within 24 hours of discovery; PENALTY:
compounds (VOC) annual emission rate from flare Emission Point
                                                                           $3,600; ENFORCEMENT COORDINATOR: Nadia Hameed, (713)
Number FL-1; and 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4),
                                                                           767-3629; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth,
THSC, §382.085(b), NSR Permit Number 3956B, SC Numbers 1
                                                                           Texas 76118-6951, (817) 588-5800.
and 16C, and FOP Number O107, STC Number 10, by failing to
comply with the permitted VOC emission rates and permitted VOC             (23) COMPANY: San Sebastian Partners, LP; DOCKET NUMBER:
concentration limit from cooling towers 2 and 3; PENALTY: $82,875;         2011-0915-MSW-E; IDENTIFIER: RN105496913; LOCATION:
Supplemental Environmental Project offset amount of $33,150 applied        Ponta, Cherokee County; TYPE OF FACILITY: property; RULE
to Barbers Hill Independent School District, Barbers Hill Energy           VIOLATED: 30 TAC §330.15(c), by failing to prevent the unautho­
Efficiency Program; ENFORCEMENT COORDINATOR: Heather                        rized disposal of municipal solid waste; PENALTY: $6,575; EN­
Podlipny, (512) 239-2603; REGIONAL OFFICE: 5425 Polk Avenue,               FORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682;
Suite H, Houston, Texas 77023-1486, (713) 767-3500.                        REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734,
                                                                           (903) 535-5100.
(19) COMPANY: Quickways Incorporated dba Quickway
Mart; DOCKET NUMBER: 2010-1974-PST-E; IDENTIFIER:                          (24) COMPANY: SmithCo Marketing Corporation dba Harolds
RN103020871; LOCATION: Grapevine, Tarrant County; TYPE                     Food Mart; DOCKET NUMBER: 2011-1009-PST-E; IDENTIFIER:
OF FACILITY: convenience store with retail sales of gasoline;              RN101832426; LOCATION: Junction, Kimble County; TYPE OF
RULE VIOLATED: 30 TAC §115.245(2) and Texas Health and                     FACILITY: convenience store with retail sales of gasoline; RULE
Safety Code, §382.085(b), by failing to verify proper operation of         VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1),
the Stage II equipment at least once every 36 months; PENALTY:             by failing to monitor the underground storage tank for releases at
$2,217; ENFORCEMENT COORDINATOR: Philip Aldridge, (512)                    a frequency of at least once every month (not to exceed 35 days
239-0855; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth,                  between each monitoring); PENALTY: $3,750; ENFORCEMENT
Texas 76118-6951, (817) 588-5800.                                          COORDINATOR: Philip Aldridge, (512) 239-0855; REGIONAL
                                                                           OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013,
(20) COMPANY: SAAI, LLC dba Bar G Store; DOCKET NUMBER:
                                                                           (325) 655-9479.
2011-0953-PST-E; IDENTIFIER: RN101698355; LOCATION: La
Grange, Fayette County; TYPE OF FACILITY: convenience store                (25) COMPANY: T and L GOLDEN STAR, INCORPORATED
with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.7(d)(3)          dba Circle S Food Mart; DOCKET NUMBER: 2011-1396-PST-E;



                                                                          IN ADDITION           October 28, 2011           36 TexReg 7381
IDENTIFIER: RN101782001; LOCATION: Tool, Henderson County;                  emission rates for Thermal Oxidizer Number 1C and Thermal Oxi­
TYPE OF FACILITY: convenience store with retail sales of gasoline;          dizer Number 2C during performance tests on June 24, 2010 and June
RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by               22, 2010; PENALTY: $32,660; ENFORCEMENT COORDINATOR:
failing to timely renew a previously issued underground storage tank        Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 1977 Industrial
(UST) delivery certificate by submitting a properly completed UST            Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
registration and self-certification form at least 30 days before the expi­   TRD-201104415
ration date; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by
                                                                            Kathleen C. Decker
failing to make available to a common carrier a valid, current TCEQ
                                                                            Director, Litigation Division
delivery certificate before accepting delivery of a regulated substance
into the USTs; PENALTY: $1,125; ENFORCEMENT COORDINA­                       Texas Commission on Environmental Quality
TOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 2916                  Filed: October 18, 2011
Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.                                           ♦           ♦            ♦
(26) COMPANY: TPC Group LLC; DOCKET NUMBER:
                                                                            Enforcement Orders
2011-0682-AIR-E; IDENTIFIER: RN104964267; LOCATION: Port
Neches, Jefferson County; TYPE OF FACILITY: petrochemical                   A default order was entered regarding Diamond T Ranch Development,
plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and                  Inc., Docket No. 2009-0105-EAQ-E-on October 10, 2011 assessing
§122.143(4), Texas Health and Safety Code, §382.085(b), New Source          $2,600 in administrative penalties.
Review Permit Number 20485, Special Conditions Number 1, and
                                                                            Information concerning any aspect of this order may be obtained by
Federal Operating Permit Number O-1327, Special Terms and Condi­
                                                                            contacting Jennifer Cook, Staff Attorney at (512) 239-3400, Texas
tions Number 17, by failing to prevent unauthorized emissions during
                                                                            Commission on Environmental Quality, P.O. Box 13087, Austin,
an emissions event; PENALTY: $6,800; ENFORCEMENT COORDI­
                                                                            Texas 78711-3087.
NATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3870
Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.                 An agreed order was entered regarding Virginia Franklin Fuller dba
                                                                            Franklin Water System 1 and dba Franklin Water System 3, Docket
(27) COMPANY: VJP Corporation dba Shell Food Mart; DOCKET
                                                                            No. 2009-1295-PWS-E on October 10, 2011 assessing $2,799 in ad­
NUMBER: 2011-1155-PST-E; IDENTIFIER: RN101563146; LOCA­
                                                                            ministrative penalties.
TION: Haltom City, Tarrant County; TYPE OF FACILITY: conve­
nience store with retail sales of gasoline; RULE VIOLATED: 30 TAC           Information concerning any aspect of this order may be obtained by
§334.49(a)(1) and TWC, §26.3475(d), by failing to provide proper cor­       contacting Rudy Calderon, Staff Attorney at (512) 239-3400, Texas
rosion protection for the underground storage tank (UST) system; and        Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1),            78711-3087.
by failing to monitor the USTs for releases at a frequency of at least
                                                                            An agreed order was entered regarding Advantage Asphalt Products,
once every month (not to exceed 35 days between each monitoring)
                                                                            Ltd., Docket No. 2009-1305-WQ-E on October 10, 2011 assessing
and by failing to provide release detection for the piping associated
                                                                            $16,032 in administrative penalties.
with the system; PENALTY: $5,229; ENFORCEMENT COORDINA­
TOR: Allison Fischer, (512) 239-2574; REGIONAL OFFICE: 2309                 Information concerning any aspect of this order may be obtained by
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.                 contacting Jennifer Cook, Staff Attorney at (512) 239-3400, Texas
                                                                            Commission on Environmental Quality, P.O. Box 13087, Austin,
(28) COMPANY: VUYYURU INTERESTS Incorporated dba Queen
                                                                            Texas 78711-3087.
Fuel Grocery 1314; DOCKET NUMBER: 2011-1179-PST-E; IDEN­
TIFIER: RN105572473; LOCATION: Conroe, Montgomery County;                   An agreed order was entered regarding Albemarle Corporation, Docket
TYPE OF FACILITY: convenience store with retail sales of gasoline;          No. 2009-1515-AIR-E on October 10, 2011 assessing $1,823 in admin­
RULE VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety               istrative penalties with $364 deferred.
Code, §382.085(b), by failing to verify proper operation of the Stage II
                                                                            Information concerning any aspect of this order may be obtained by
vapor space manifolding and dynamic back pressure at least once every
                                                                            contacting Jeffrey Huhn, Staff Attorney at (512) 239-3400, Texas Com­
36 months; PENALTY: $2,404; ENFORCEMENT COORDINATOR:
                                                                            mission on Environmental Quality, P.O. Box 13087, Austin, Texas
Andrea Park, (512) 239-4575; REGIONAL OFFICE: 5425 Polk Av­
                                                                            78711-3087.
enue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
                                                                            An order was entered regarding Old Tymer Enterprises, Inc., Docket
(29) COMPANY: WILKINS and PYEATT, INCORPORATED dba
                                                                            No. 2009-1991-PST-E on October 10, 2011 assessing $48,453 in ad­
Blossom Food Mart; DOCKET NUMBER: 2011-1295-PST-E; IDEN­
                                                                            ministrative penalties.
TIFIER: RN102427721; LOCATION: Blossom, Lamar County;
TYPE OF FACILITY: convenience store with retail sales of gasoline;          Information concerning any aspect of this order may be obtained by
RULE VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a),                   contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Com­
by failing to provide release detection for the piping associated           mission on Environmental Quality, P.O. Box 13087, Austin, Texas
with the underground storage tank system; PENALTY: $2,629; EN­              78711-3087.
FORCEMENT COORDINATOR: Kimberly Walker, (512) 239-2596;
                                                                            A default order was entered regarding Ronald Triplette dba
REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734,
                                                                            AAA Triplette Environmental Vacuum Truck, Docket No.
(903) 535-5100.
                                                                            2010-0097-SLG-E on October 10, 2011 assessing $7,000 in adminis­
(30) COMPANY: Zoltek Corporation; DOCKET NUMBER:                            trative penalties.
2011-0956-AIR-E; IDENTIFIER: RN100543867; LOCATION:
                                                                            Information concerning any aspect of this order may be obtained by
Abilene, Taylor County; TYPE OF FACILITY: carbon fiber manufac­
                                                                            contacting Sharesa Y. Alexander, Staff Attorney at (512) 239-3503,
turing plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number
                                                                            Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
35215, Special Conditions Number 1; and Texas Health and Safety
                                                                            Texas 78711-3087.
Code, §382.085(b), by failing to comply with the maximum allowable



36 TexReg 7382            October 28, 2011            Texas Register
An agreed order was entered regarding Peter H. Schouten dba P & L        Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
Dairy and Nova D. Schouten dba P & L Dairy, Docket No. 2010­             78711-3087.
0585-AGR-E on October 10, 2011 assessing $2,600 in administrative
                                                                         A default and shutdown order was entered regarding Abass Sayegh
penalties.
                                                                         and Ray Sanjib dba David’s Exxon, Docket No. 2010-1302-PST-E on
Information concerning any aspect of this order may be obtained by       October 10, 2011 assessing $7,129 in administrative penalties.
contacting James Sallans, Staff Attorney at (512) 239-3400, Texas
                                                                         Information concerning any aspect of this order may be obtained by
Commission on Environmental Quality, P.O. Box 13087, Austin,
                                                                         contacting Kari L. Gilbreth, Staff Attorney at (512) 239-3400, Texas
Texas 78711-3087.
                                                                         Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
An agreed order was entered regarding Vacation Home Builders, Inc.,      78711-3087.
Docket No. 2010-0706-MLM-E on October 10, 2011 assessing $4,637
                                                                         An agreed order was entered regarding Robert N. Gates, Docket No.
in administrative penalties.
                                                                         2010-1306-PST-E on October 10, 2011 assessing $3,500 in adminis­
Information concerning any aspect of this order may be obtained by       trative penalties.
contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas
                                                                         Information concerning any aspect of this order may be obtained by
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
                                                                         contacting Phillip M. Goodwin, P.G., Staff Attorney at (512) 239-3400,
78711-3087.
                                                                         Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
A default order was entered regarding Phuong Cong Huynh dba P & H        Texas 78711-3087.
Food 2; Tam Mai dba P & H Food 2; and Le Hein dba P & H Food 2,
                                                                         An agreed order was entered regarding Conner Steel Products Inc.,
Docket No. 2010-0773-PST-E on October 10, 2011 assessing $4,069
                                                                         Docket No. 2010-1443-IHW-E on October 10, 2011 assessing $22,348
in administrative penalties.
                                                                         in administrative penalties.
Information concerning any aspect of this order may be obtained by
                                                                         Information concerning any aspect of this order may be obtained by
contacting Steven M. Fishburn, Staff Attorney at (512) 239-3400,
                                                                         contacting Jeffrey Huhn, Staff Attorney at (512) 239-3400, Texas Com­
Texas Commission on Environmental Quality, P.O. Box 13087,
                                                                         mission on Environmental Quality, P.O. Box 13087, Austin, Texas
Austin, Texas 78711-3087.
                                                                         78711-3087.
An agreed order was entered regarding Don Finley, Docket No. 2010­
                                                                         A default order was entered regarding Cecil L. McKnight and Mable
0949-PST-E on October 10, 2011 assessing $4,725 in administrative
                                                                         McKnight, Docket No. 2010-1620-IHW-E on October 10, 2011 as­
penalties.
                                                                         sessing $67,425 in administrative penalties.
Information concerning any aspect of this order may be obtained by
                                                                         Information concerning any aspect of this order may be obtained by
contacting Kari L. Gilbreth, Staff Attorney at (512) 239-3400, Texas
                                                                         contacting Jennifer Cook, Staff Attorney at (512) 239-3400, Texas
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
                                                                         Commission on Environmental Quality, P.O. Box 13087, Austin,
78711-3087.
                                                                         Texas 78711-3087.
An agreed order was entered regarding Carolyn Fink, Docket No.
                                                                         An agreed order was entered regarding SAVS Investments, Inc. dba
2010-0997-PST-E on October 10, 2011 assessing $1,000 in adminis­
                                                                         Friday’s General Store, Docket No. 2010-1634-PWS-E on October 10,
trative penalties.
                                                                         2011 assessing $3,920 in administrative penalties.
Information concerning any aspect of this order may be obtained by
                                                                         Information concerning any aspect of this order may be obtained by
contacting Steven M. Fishburn, Staff Attorney at (512) 239-3400,
                                                                         contacting Rudy Calderon, Staff Attorney at (512) 239-3400, Texas
Texas Commission on Environmental Quality, P.O. Box 13087,
                                                                         Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
Austin, Texas 78711-3087.
                                                                         78711-3087.
An agreed order was entered regarding Janet Green and Jaycee’s Chil­
                                                                         A default order was entered regarding Gary Blue, Docket No. 2010­
dren Center, Inc., Docket No. 2010-1070-PWS-E on October 10, 2011
                                                                         1673-MLM-E on October 10, 2011 assessing $2,505 in administrative
assessing $3,407 in administrative penalties.
                                                                         penalties.
Information concerning any aspect of this order may be obtained by
                                                                         Information concerning any aspect of this order may be obtained by
contacting Sharesa Y. Alexander, Staff Attorney at (512) 239-3503,
                                                                         contacting Tammy L. Mitchell, Staff Attorney at (512) 239-3400, Texas
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
                                                                         Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
Texas 78711-3087.
                                                                         78711-3087.
A default order was entered regarding Robbie Mosley, Docket No.
                                                                         An agreed order was entered regarding John Sartor, Docket No. 2010­
2010-1168-PST-E on October 10, 2011 assessing $3,675 in adminis­
                                                                         1907-LII-E on October 10, 2011 assessing $1,840 in administrative
trative penalties.
                                                                         penalties.
Information concerning any aspect of this order may be obtained by
                                                                         Information concerning any aspect of this order may be obtained by
contacting Jeffrey Huhn, Staff Attorney at (512) 239-3400, Texas Com­
                                                                         contacting Steven M. Fishburn, Staff Attorney at (512) 239-0635,
mission on Environmental Quality, P.O. Box 13087, Austin, Texas
                                                                         Texas Commission on Environmental Quality, P.O. Box 13087,
78711-3087.
                                                                         Austin, Texas 78711-3087.
A default order was entered regarding J. B. SERVICES CONSTRUC­
                                                                         An agreed order was entered regarding Addison Enterprises Inc. dba
TION, INC., Docket No. 2010-1267-WQ-E on October 10, 2011 as­
                                                                         C-Store Royal, Docket No. 2010-1940-PST-E on October 10, 2011
sessing $3,000 in administrative penalties.
                                                                         assessing $3,544 in administrative penalties with $708 deferred.
Information concerning any aspect of this order may be obtained by
                                                                         Information concerning any aspect of this order may be obtained by
contacting Kari L. Gilbreth, Staff Attorney at (512) 239-3400, Texas
                                                                         contacting Tammy L. Mitchell, Staff Attorney at (512) 239-3400, Texas




                                                                        IN ADDITION           October 28, 2011           36 TexReg 7383
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas        Information concerning any aspect of this order may be obtained
78711-3087.                                                               by contacting Heather Brister Enforcement Coordinator at (254)
                                                                          761-3034, Texas Commission on Environmental Quality, P.O. Box
An agreed order was entered regarding Darin Borders dba Loma Linda
                                                                          13087, Austin, Texas 78711-3087.
Subdivision and Matt Boren dba Loma Linda Subdivision, Docket No.
2010-1954-PWS-E on October 10, 2011 assessing $2,628 in adminis­          An agreed order was entered regarding Clean Harbors Deer Park, LLC,
trative penalties.                                                        Docket No. 2011-0253-IWD-E on October 10, 2011 assessing $23,900
                                                                          in administrative penalties with $4,780 deferred.
Information concerning any aspect of this order may be obtained by
contacting Peipey Tang, Staff Attorney at (512) 239-3400, Texas Com­      Information concerning any aspect of this order may be obtained by
mission on Environmental Quality, P.O. Box 13087, Austin, Texas           contacting JR Cao, Enforcement Coordinator at (512) 239-2543, Texas
78711-3087.                                                               Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
                                                                          78711-3087.
A default order was entered regarding Head Family Partnership, Ltd.,
Docket No. 2010-1960-IWD-E on October 10, 2011 assessing $6,355           An agreed order was entered regarding J & J WELL SERVICE INC,
in administrative penalties.                                              Docket No. 2011-0264-MSW-E on October 10, 2011 assessing $7,500
                                                                          in administrative penalties with $1,500 deferred.
Information concerning any aspect of this order may be obtained by
contacting James Sallans, Staff Attorney at (512) 239-3400, Texas         Information concerning any aspect of this order may be obtained by
Commission on Environmental Quality, P.O. Box 13087, Austin,              contacting Danielle Porras, Enforcement Coordinator at (713) 767­
Texas 78711-3087.                                                         3682, Texas Commission on Environmental Quality, P.O. Box 13087,
                                                                          Austin, Texas 78711-3087.
A default and shutdown order was entered regarding Haider A., Inc.
dba Stop In Food Mart, Docket No. 2010-2006-PST-E on October 10,          A default order was entered regarding Mohammad Adil Aqil, Docket
2011 assessing $39,780 in administrative penalties.                       No. 2011-0266-PST-E on October 10, 2011 assessing $5,425 in ad­
                                                                          ministrative penalties.
Information concerning any aspect of this order may be obtained by
contacting Tammy L. Mitchell, Staff Attorney at (512) 239-3400, Texas     Information concerning any aspect of this order may be obtained by
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas        contacting Stephanie J. Frazee, Staff Attorney at (512) 239-3400, Texas
78711-3087.                                                               Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
                                                                          78711-3087.
A default order was entered regarding Frankie Willis, Executor of the
Estate of Clovis Willis, Deceased, Docket No. 2010-2039-PST-E on          A default order was entered regarding WE ARE CRAZY, INC. dba
October 10, 2011 assessing $3,375 in administrative penalties.            Country Pantry 10, Docket No. 2011-0275-PST-E on October 10, 2011
                                                                          assessing $4,178 in administrative penalties.
Information concerning any aspect of this order may be obtained by
contacting Phillip M. Goodwin, P.G., Staff Attorney at (512) 239-3400,    Information concerning any aspect of this order may be obtained by
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,        contacting Stephanie Frazee, Staff Attorney at (512) 239-3400, Texas
Texas 78711-3087.                                                         Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
                                                                          78711-3087.
A default and shutdown order was entered regarding S & S Conve­
niences Inc. dba C D Kwik Stop II, Docket No. 2010-2052-PST-E on          An agreed order was entered regarding Sand Hill Panola SWD #5 LLC,
October 10, 2011 assessing $2,600 in administrative penalties.            Docket No. 2011-0306-AIR-E on October 10, 2011 assessing $4,806
                                                                          in administrative penalties with $961 deferred.
Information concerning any aspect of this order may be obtained by
contacting Steven M. Fishburn, Staff Attorney at (512) 239-3400,          Information concerning any aspect of this order may be obtained by
Texas Commission on Environmental Quality, P.O. Box 13087,                contacting James Nolan, Enforcement Coordinator at (512) 239-6634,
Austin, Texas 78711-3087.                                                 Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
                                                                          Texas 78711-3087.
A default order was entered regarding South Fort Worth RV Ranch,
LLC, Docket No. 2011-0193-MWD-E on October 10, 2011 assessing             An agreed order was entered regarding Mirando City Water Supply
$5,220 in administrative penalties.                                       Corporation, Docket No. 2011-0318-PWS-E on October 10, 2011 as­
                                                                          sessing $4,389 in administrative penalties.
Information concerning any aspect of this order may be obtained by
contacting Stephanie J. Frazee, Staff Attorney at (512) 239-3400, Texas   Information concerning any aspect of this order may be obtained by
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas        contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at
78711-3087.                                                               (512) 239-1482, Texas Commission on Environmental Quality, P.O.
                                                                          Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Jon M. Huddleston, Docket No.
2011-0227-LII-E on October 10, 2011 assessing $1,220 in administra­       An agreed order was entered regarding J MAC TOOL INC, Docket No.
tive penalties.                                                           2011-0366-MLM-E on October 10, 2011 assessing $2,200 in adminis­
                                                                          trative penalties with $440 deferred.
Information concerning any aspect of this order may be obtained by
contacting Steven M. Fishburn, Staff Attorney at (512) 239-3400,          Information concerning any aspect of this order may be obtained by
Texas Commission on Environmental Quality, P.O. Box 13087,                contacting Cheryl Thompson, Enforcement Coordinator at (817) 588­
Austin, Texas 78711-3087.                                                 5886, Texas Commission on Environmental Quality, P.O. Box 13087,
                                                                          Austin, Texas 78711-3087.
An agreed order was entered regarding Laurence Elmer Clowdus dba
Clowdus Dairy, Docket No. 2011-0248-AGR-E on October 10, 2011             An agreed order was entered regarding City of Sherman, Docket No.
assessing $1,010 in administrative penalties with $202 deferred.          2011-0376-PST-E on October 10, 2011 assessing $1,875 in adminis­
                                                                          trative penalties with $375 deferred.




36 TexReg 7384           October 28, 2011           Texas Register
Information concerning any aspect of this order may be obtained          Information concerning any aspect of this order may be obtained by
by contacting Michael Meyer, Enforcement Coordinator at (512)            contacting Cara Windle, Enforcement Coordinator at (512) 239-2581,
239-4492, Texas Commission on Environmental Quality, P.O. Box            Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
13087, Austin, Texas 78711-3087.                                         Texas 78711-3087.
An agreed order was entered regarding COMMERCE QUICK STOP,               An agreed order was entered regarding Bammel Forest Utility Com­
INC., Docket No. 2011-0398-PST-E on October 10, 2011 assessing           pany, Docket No. 2011-0497-UTL-E on October 10, 2011 assessing
$2,629 in administrative penalties with $525 deferred.                   $262 in administrative penalties with $52 deferred.
Information concerning any aspect of this order may be obtained by       Information concerning any aspect of this order may be obtained by
contacting Rajesh Acharya, Enforcement Coordinator at (512) 239­         contacting Jeremy Escobar, Enforcement Coordinator at (361) 825­
0577, Texas Commission on Environmental Quality, P.O. Box 13087,         3422, Texas Commission on Environmental Quality, P.O. Box 13087,
Austin, Texas 78711-3087.                                                Austin, Texas 78711-3087.
An agreed order was entered regarding Oxy USA WTP LP, Docket No.         An agreed order was entered regarding Chevron Phillips Chemical
2011-0449-AIR-E on October 10, 2011 assessing $3,750 in administra­      Company LP, Docket No. 2011-0506-AIR-E on October 10, 2011
tive penalties with $750 deferred.                                       assessing $10,468 in administrative penalties with $2,093 deferred.
Information concerning any aspect of this order may be obtained by       Information concerning any aspect of this order may be obtained
contacting Raymond Marlow, Enforcement Coordinator at (409) 899­         by contacting Allison Fischer, Enforcement Coordinator at (512)
8785, Texas Commission on Environmental Quality, P.O. Box 13087,         239-2574, Texas Commission on Environmental Quality, P.O. Box
Austin, Texas 78711-3087.                                                13087, Austin, Texas 78711-3087.
A default order was entered regarding Timothy Mannan, Docket No.         An agreed order was entered regarding E. J. Lewis, Sr. dba Lewis’
2011-0453-MLM-E on October 10, 2011 assessing $2,047 in adminis­         Acres Service Inc., Docket No. 2011-0511-IHW-E on October 10,
trative penalties.                                                       2011 assessing $1,050 in administrative penalties with $210 deferred.
Information concerning any aspect of this order may be obtained by       Information concerning any aspect of this order may be obtained
contacting Phillip Goodwin, P.G., Staff Attorney at (512) 239-3400,      by contacting Michael Meyer, Enforcement Coordinator at (512)
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,       239-4492, Texas Commission on Environmental Quality, P.O. Box
Texas 78711-3087.                                                        13087, Austin, Texas 78711-3087.
An agreed order was entered regarding SUREN SIMON OF CLE­                An agreed order was entered regarding Flint Hills Resources Corpus
BURNE, INC. dba Simons Grocery & Deli, Docket No. 2011-0473­             Christi, LLC, Docket No. 2011-0529-AIR-E on October 10, 2011 as­
PST-E on October 10, 2011 assessing $2,250 in administrative penal­      sessing $6,650 in administrative penalties with $1,330 deferred.
ties with $450 deferred.
                                                                         Information concerning any aspect of this order may be obtained by
Information concerning any aspect of this order may be obtained by       contacting Roshondra Lowe, Enforcement Coordinator at (713) 767­
contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789,       3553, Texas Commission on Environmental Quality, P.O. Box 13087,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,       Austin, Texas 78711-3087.
Texas 78711-3087.
                                                                         An agreed order was entered regarding Llano Ready Mix, Inc., Docket
An agreed order was entered regarding Shell Oil Company, Docket No.      No. 2011-0531-IWD-E on October 10, 2011 assessing $1,200 in ad­
2011-0475-AIR-E on October 10, 2011 assessing $10,000 in adminis­        ministrative penalties with $240 deferred.
trative penalties.
                                                                         Information concerning any aspect of this order may be obtained by
Information concerning any aspect of this order may be obtained by       contacting Samuel Short, Enforcement Coordinator at (512) 239-5363,
contacting Kimberly Morales, Enforcement Coordinator at (713) 422­       Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
8938, Texas Commission on Environmental Quality, P.O. Box 13087,         Texas 78711-3087.
Austin, Texas 78711-3087.
                                                                         An agreed order was entered regarding OCP -Tres Rios LLC, Docket
An agreed order was entered regarding City of Calvert, Docket No.        No. 2011-0535-PWS-E on October 10, 2011 assessing $3,034 in ad­
2011-0476-MWD-E on October 10, 2011 assessing $6,464 in admin­           ministrative penalties.
istrative penalties.
                                                                         Information concerning any aspect of this order may be obtained by
Information concerning any aspect of this order may be obtained by       contacting Andrea Byington, Enforcement Coordinator at (512) 239­
contacting Samuel Short, Enforcement Coordinator at (512) 239-5363,      2579, Texas Commission on Environmental Quality, P.O. Box 13087,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,       Austin, Texas 78711-3087.
Texas 78711-3087.
                                                                         An agreed order was entered regarding Donald Mayo Sr. dba Donald
An agreed order was entered regarding Pallet Companies, Inc. dba         Mayo Texaco, Docket No. 2011-0553-PST-E on October 10, 2011 as­
IFCO Systems North America, Docket No. 2011-0488-PWS-E on Oc­            sessing $2,500 in administrative penalties with $500 deferred.
tober 10, 2011 assessing $2,558 in administrative penalties.
                                                                         Information concerning any aspect of this order may be obtained by
Information concerning any aspect of this order may be obtained by       contacting Rajesh Acharya, Enforcement Coordinator at (512) 239­
contacting Epifanio Villarreal, Enforcement Coordinator at (361) 825­    0577, Texas Commission on Environmental Quality, P.O. Box 13087,
3425, Texas Commission on Environmental Quality, P.O. Box 13087,         Austin, Texas 78711-3087.
Austin, Texas 78711-3087.
                                                                         An agreed order was entered regarding Sequoia Improvement District,
An agreed order was entered regarding Lee Ann Potter dba Lees Pit        Docket No. 2011-0589-UTL-E on October 10, 2011 assessing $577 in
Stop, Docket No. 2011-0491-MSW-E on October 10, 2011 assessing           administrative penalties with $115 deferred.
$5,250 in administrative penalties with $1,050 deferred.



                                                                        IN ADDITION          October 28, 2011           36 TexReg 7385
Information concerning any aspect of this order may be obtained by        3682, Texas Commission on Environmental Quality, P.O. Box 13087,
contacting Michaelle Sherlock, Enforcement Coordinator at (210) 403­      Austin, Texas 78711-3087.
4076, Texas Commission on Environmental Quality, P.O. Box 13087,
                                                                          An agreed order was entered regarding Budhwani & Virani, Inc. dba
Austin, Texas 78711-3087.
                                                                          Que Paso Food Store, Docket No. 2011-0693-PST-E on October 10,
A default order was entered regarding John C. Moore dba Moore’s Wa­       2011 assessing $3,220 in administrative penalties with $644 deferred.
ter System of Beaver Lake, Inc. (aka Moore’s Water System); John L.
                                                                          Information concerning any aspect of this order may be obtained by
Moore dba Moore’s Water System of Beaver Lake, Inc. (aka Moore’s
                                                                          contacting Keith Frank, Enforcement Coordinator at (512) 239-1203,
Water System); and Moore’s Water System of Beaver Lake, Inc. (aka
                                                                          Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
Moore’s Water System), Docket No. 2011-0596-PWS-E on October
                                                                          Texas 78711-3087.
10, 2011 assessing $576 in administrative penalties.
                                                                          An agreed order was entered regarding CLARA HILLS CIVIC AS­
Information concerning any aspect of this order may be obtained by
                                                                          SOCIATION, Docket No. 2011-0696-PWS-E on October 10, 2011 as­
contacting Stephanie J. Frazee, Staff Attorney at (512) 239-3400, Texas
                                                                          sessing $422 in administrative penalties.
Commission on Environmental Quality, P.O. Box 13087, Austin, Texas
78711-3087.                                                               Information concerning any aspect of this order may be obtained by
                                                                          contacting Andrea Byington, Enforcement Coordinator at (512) 239­
An agreed order was entered regarding DIPERT TRAVEL & TRANS­
                                                                          2579, Texas Commission on Environmental Quality, P.O. Box 13087,
PORTATION, LTD. dba Dan Dipert Coaches, Docket No. 2011-0633­
                                                                          Austin, Texas 78711-3087.
PST-E on October 10, 2011 assessing $3,529 in administrative penal­
ties with $705 deferred.                                                  An agreed order was entered regarding H.K.R.G., INC. dba Cedar Park
                                                                          Quick Mart, Docket No. 2011-0734-PST-E on October 10, 2011 as­
Information concerning any aspect of this order may be obtained by
                                                                          sessing $3,750 in administrative penalties with $750 deferred.
contacting Cara Windle, Enforcement Coordinator at (512) 239-2581,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,        Information concerning any aspect of this order may be obtained by
Texas 78711-3087.                                                         contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at
                                                                          (512) 239-1482, Texas Commission on Environmental Quality, P.O.
An agreed order was entered regarding City of Killeen, Docket No.
                                                                          Box 13087, Austin, Texas 78711-3087.
2011-0634-WQ-E on October 10, 2011 assessing $10,000 in adminis­
trative penalties.                                                        An agreed order was entered regarding KAML INC. dba Mini Mart
                                                                          110, Docket No. 2011-0827-PST-E on October 10, 2011 assessing
Information concerning any aspect of this order may be obtained by
                                                                          $2,247 in administrative penalties with $449 deferred.
contacting Samuel Short, Enforcement Coordinator at (512) 239-5363,
Texas Commission on Environmental Quality, P.O. Box 13087, Austin,        Information concerning any aspect of this order may be obtained
Texas 78711-3087.                                                         by contacting Michael Meyer, Enforcement Coordinator at (512)
                                                                          239-4492, Texas Commission on Environmental Quality, P.O. Box
An agreed order was entered regarding Texas Christian University,
                                                                          13087, Austin, Texas 78711-3087.
Docket No. 2011-0642-PST-E on October 10, 2011 assessing $2,250
in administrative penalties with $450 deferred.                           A field citation was entered regarding Bentina Homes Ltd., Docket No.
                                                                          2011-1091-WQ-E on October 10, 2011 assessing $700 in administra­
Information concerning any aspect of this order may be obtained by
                                                                          tive penalties.
contacting Jorge Ibarra, P.E., Enforcement Coordinator at (817) 588­
5890, Texas Commission on Environmental Quality, P.O. Box 13087,          Information concerning any aspect of this citation may be obtained
Austin, Texas 78711-3087.                                                 by contacting Melissa Keller, Citation Coordinator at (512) 239-1769,
                                                                          Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
An agreed order was entered regarding Heart O’ Texas Council of the
                                                                          Texas 78711-3087.
Boy Scouts of America dba Longhorn Council, Boy Scouts of America,
Docket No. 2011-0651-PWS-E on October 10, 2011 assessing $3,352           A field citation was entered regarding Knife River Corporation South,
in administrative penalties.                                              Docket No. 2011-1094-WR-E on October 10, 2011 assessing $875 in
                                                                          administrative penalties.
Information concerning any aspect of this order may be obtained by
contacting Michaelle Sherlock, Enforcement Coordinator at (210) 403­      Information concerning any aspect of this citation may be obtained
4076, Texas Commission on Environmental Quality, P.O. Box 13087,          by contacting Melissa Keller, Citation Coordinator at (512) 239-1769,
Austin, Texas 78711-3087.                                                 Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
                                                                          Texas 78711-3087.
An agreed order was entered regarding IRKASA INC. dba Grapevine
Market 1, Docket No. 2011-0652-PST-E on October 10, 2011 assess­          A field citation was entered regarding R. K. Hall Construction, Ltd.,
ing $1,625 in administrative penalties with $325 deferred.                Docket No. 2011-1092-WR-E on October 10, 2011 assessing $350 in
                                                                          administrative penalties.
Information concerning any aspect of this order may be obtained by
contacting Philip Aldridge, Enforcement Coordinator at (512) 239­         Information concerning any aspect of this citation may be obtained
0855, Texas Commission on Environmental Quality, P.O. Box 13087,          by contacting Melissa Keller, Citation Coordinator at (512) 239-1769,
Austin, Texas 78711-3087.                                                 Texas Commission on Environmental Quality, P.O. Box 13087, Austin,
                                                                          Texas 78711-3087.
An agreed order was entered regarding COMPASS USA ENTER­
PRISES, INC. dba Sunrise Super Stop, Docket No. 2011-0675-PST-E           TRD-201104435
on October 10, 2011 assessing $2,425 in administrative penalties with     Bridget Bohac
$485 deferred.                                                            Chief Clerk
Information concerning any aspect of this order may be obtained by        Texas Commission on Environmental Quality
contacting Danielle Porras, Enforcement Coordinator at (713) 767­         Filed: October 19, 2011




36 TexReg 7386           October 28, 2011           Texas Register
                     ♦            ♦            ♦                           mit No. WQ0010086002 to authorize an increase in the discharge
                                                                           of treated domestic wastewater from a daily average flow not to ex­
Notice of Water Quality Applications                                       ceed 500,000 gallons per day to an annual average flow not to exceed
The following notices were issued on September 30, 2011 through Oc­        4,000,000 gallons per day. The facility will be located at 300 South
tober 14, 2011.                                                            Cravens Road, approximately 3300 feet southeast of the intersection
                                                                           of Cravens Road and U.S. Highway 90 in Fort Bend County, Texas
The following require the applicants to publish notice in a newspaper.     77489.
Public comments, requests for public meetings, or requests for a con­
tested case hearing may be submitted to the Office of the Chief Clerk,      TOWN OF ANTHONY has applied for a renewal of TPDES Permit
Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN            No. WQ0010120001, which authorizes the discharge of treated do­
30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE                        mestic wastewater at a daily average flow not to exceed 565,000 gal­
NOTICE.                                                                    lons per day. The facility is located approximately 2,000 feet west of
                                                                           State Highway 20 and 4,000 feet south of Farm-to-Market Road 1905
INFORMATION SECTION                                                        in El Paso County, Texas 79821.
TIN INC which operates Temple-Inland, Pineland Lumber Operations,          CITY OF GALENA PARK has applied for a renewal of TPDES Per­
an integrated forest products manufacturing facility, has applied for a    mit No. WQ0010831001, which authorizes the discharge of treated do­
renewal of Texas Pollutant Discharge Elimination System (TPDES)            mestic wastewater at an annual average flow not to exceed 1,250,000
Permit No. WQ0001820000, which authorizes the discharge of                 gallons per day. The facility is located at 1107 Fifth Street in the City
wastewaters (storm water, occasional wash waters and wet deck              of Galena Park, in Harris County, Texas 77547-0046.
water, and storm water from Pond F when nearing design capacity)
on a continuous and flow variable basis via Outfall 001; wastewaters        POLK COUNTY has applied for a renewal of TPDES Permit No.
(storm water, wash waters, and wet deck pond overflow) on an in­            WQ0011223001, which authorizes the discharge of treated domestic
termittent and flow variable basis via Outfall 002; plant storm water       wastewater at a daily average flow not to exceed 3,000 gallons per
runoff on an intermittent and flow variable basis via Outfall 003;          day. The facility is located on the east bank of the Trinity River, ap­
and wastewaters (storm water, wet deck water, and City of Pineland         proximately one mile downstream from the Lake Livingston Dam and
effluent under Chapter 210E water reuse program) on an intermittent         approximately 6.5 miles southwest of the City of Livingston in Polk
and flow variable basis via Outfall 006. The facility is located north      County, Texas 77351.
of Farm-to-Market Road (FM) 2426, approximately 1/4 mile east of           WESTLAKE MUNICIPAL UTILITY DISTRICT NO 1 has applied
the intersection of FM 2426 and FM 1 in the City of Pineland, Sabine       for a major amendment to TPDES Permit No. WQ0011284001 to au­
County, Texas 75968.                                                       thorize an increase in the effluent limitation for Total Mercury. The
BAYSHORE INDUSTRIAL LP which operates Bayshore Industrial,                 current permit authorizes the discharge of treated domestic wastewa­
a polyolefin compounding plant, has applied for a major amendment           ter at a daily average flow not to exceed 900,000 gallons per day. The
to TPDES Permit No. WQ0003608000 to: (a) authorize an increase             facility is located at 2631 Greenhouse Road, approximately 800 feet
in the permitted daily average flow from 50,000 gallons per day to          north of the intersection of Saums Road and Greenhouse Road in Har­
125,000 gallons per day and an increase in the daily maximum flow           ris County, Texas 77084.
from 190,000 gallons per day to 425,000 gallons per day at Outfall         CYPRESS KLEIN UTILITY DISTRICT has applied for a renewal of
001, and (b) allocate mass-based effluent limitations based on the re­      TPDES Permit No. WQ0011366001 which authorizes the discharge
vised flows at Outfall 001. The current permit authorizes the discharge     of treated domestic wastewater at a daily average flow not to exceed
of cooling tower blowdown, railcar washwater, facility and equipment       700,000 gallons per day. The facility is located at 15705 North Green­
washwater, boiler blowdown, contact cooling water, cleaning water,         field Drive, approximately 1,500 feet north of Cypress Creek and 3,500
and storm water at a daily average flow not to exceed 50,000 gallons        feet north of the intersection of Stuebner-Airline Road and Strack Road
per day via Outfall 001. The facility is located at 1300 McCabe Road,      in Harris County, Texas 77379.
approximately 850 feet west of the intersection of McCabe Road and
State Highway 146, three miles south of the City of La Porte, Har­         HARRIS COUNTY WATER CONTROL AND IMPROVEMENT
ris County, Texas 77571. The TCEQ Executive Director has reviewed          DISTRICT NO 99 has applied for a renewal of TPDES Permit No.
this action for consistency with the Texas Coastal Management Pro­         WQ0011444001, which authorizes the discharge of treated domestic
gram (CMP) goals and policies in accordance with the regulations of        wastewater at a daily average flow not to exceed 225,000 gallons per
the Coastal Coordination Council, and has determined that the action       day. The facility is located on the north side of Cypress Creek near
is consistent with the applicable CMP goals and policies.                  the confluence with Lemm Gully, approximately 4,600 feet east of
                                                                           Interstate Highway 45 in Harris County, Texas 77373.
NORTHEAST TEXAS ELECTRIC COOPERATIVE, INC AND
EAST TEXAS ELECTRIC COOPERATIVE INC AND ENTERGY                            SUNBELT FRESH WATER SUPPLY DISTRICT has applied for a re­
POWER OPERATIONS US INC which operates the Harrison County                 newal of TPDES Permit No. WQ0011670001, which authorizes the
Power Project, has applied for a renewal of TPDES Permit No.               discharge of treated domestic wastewater at a daily average flow not
WQ0004370000 which authorizes the discharge of cooling tower               to exceed 990,000 gallons per day. The facility is located approxi­
blowdown, low volume wastes, demineralizer regenerant, storm               mately 4,000 feet east of the Fairbanks North Houston Road bridge
water, and previously monitored effluent (untreated industrial source       over Whiteoak Bayou in Harris County, Texas 77040.
water via Outfall 101) at a daily average flow not to exceed 1,190,000      SPRING WEST MUNICIPAL UTILITY DISTRICT has applied for a
gallons per day via Outfall 001. The facility is located at 12039 State    renewal of TPDES Permit No. WQ0012579001, which authorizes the
Highway 43 South, 0.5 mile south of the intersection of Terrapin Neck      discharge of treated domestic wastewater at a daily average flow not to
Road and State Highway 43, City of Marshall, Harrison County, Texas        exceed 762,000 gallons per day. The facility is located at 2320 Farm-
75670.                                                                     to-Market Road 2920, approximately 1,000 feet east of the intersection
FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT                             of Farm-to-Market Road 2920 and Foster Road in Harris County, Texas
DISTRICT NO 2 has applied for a major amendment to TPDES Per­              77388.




                                                                          IN ADDITION            October 28, 2011            36 TexReg 7387
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 230 has                        and the State Highway 290 eastbound feeder in Harris County, Texas
applied for a renewal of TPDES Permit No. WQ0012877001, which              77433.
authorizes the discharge of treated domestic wastewater at a daily aver­
                                                                           If you need more information about these permit applications or the
age flow not to exceed 760,000 gallons per day. The facility is located
                                                                           permitting process, please call the TCEQ Public Education Program,
at 13707 Napoli Drive, approximately 3,000 feet west of Farm-to-Mar­
                                                                           Toll Free, at (800) 687-4040. General information about the TCEQ
ket Road 149 (State Highway 249) and approximately 4,000 feet south
                                                                           can be found at our website at www.TCEQ.state.tx.us. Si desea infor­
of Cypress Creek in Harris County, Texas 77070.
                                                                           mación en español, puede llamar al (800) 687-4040.
EAGLE MOUNTAIN RV PARK LLC has applied for a renewal of                    TRD-201104433
TPDES Permit No. WQ0012909001, which authorizes the discharge
                                                                           Bridget Bohac
of treated domestic wastewater at a daily average flow not to exceed
                                                                           Chief Clerk
6,000 gallons per day. The facility is located at 12280 Bud Cross Road,
Fort Worth in Tarrant County, Texas 76179.                                 Texas Commission on Environmental Quality
                                                                           Filed: October 19, 2011
CITY OF MILFORD has applied for a renewal of TPDES Permit No.
WQ0013937001, which authorizes the discharge of treated domestic                                 ♦             ♦            ♦
wastewater at a daily average flow not to exceed 120,000 gallons per
                                                                           Notice of Water Rights Application
day combined volume from outfall 001 and 002. The facility is located
approximately west of the Missouri-Kansas-Texas Railroad crossing of       Notices issued October 10, 2011 through October 13, 2011.
Mill Creek, approximately 1.0 mile south of the intersection of Farm-
                                                                           APPLICATION NO. 14-1290B; Bentwood C.C., L.L.C., 2111 Club­
to-Market Road 308 and Interstate Highway 35, and approximately 0.5
                                                                           house Lane, San Angelo, Texas 76904, Applicant, seeks to amend its
mile northeast of the intersection of Farm-to-Market Road 566 and U.S.
                                                                           portion of Certificate of Adjudication No. 14-1290, pursuant to a lease,
Highway 77, in the City of Milford in Ellis County, Texas 76670.
                                                                           to add recreation use, to change its diversion point to a point on Lake
FORT BEND MUNICIPAL UTILITY DISTRICT NO 122 has applied                    Nasworthy, located on the South Concho River, Colorado River Basin,
for a renewal of TPDES Permit No. WQ0014182001 which authorizes            to add two off-channel reservoirs as part of the irrigation system, and to
the discharge of treated domestic wastewater at a daily average flow        change the place of use to a 419.643-acre tract in Tom Green County.
not to exceed 992,000 gallons per day. The facility is located at 19725    The Applicant does not seek to increase the diversion rate. The appli­
Farm-to-Market Road 1093, 1,900 feet south of Farm-to-Market Road          cation and required fees were received on April 25, 2011. Additional
1093 and 3,200 feet west of Harlem Road, approximately 3,200 feet          information was received on June 27, July 5, July 7, July 11, July 27,
north of Long Point Slough and 3,700 feet southwest of the intersection    and August 8, 2011. The application was declared administratively
of Harlem Road and Farm-to-Market Road 1093 in Fort Bend County,           complete and filed with the Office of the Chief Clerk on August 19,
Texas 77407.                                                               2011. The Executive Director has completed the technical review of
                                                                           the application and prepared a draft amendment. The draft amendment,
LAKE LAVON BAPTIST ENCAMPMENT has applied for a renewal
                                                                           if granted, would include special conditions including, but not limited
of TCEQ Permit No. WQ0014192001, which authorizes the disposal
                                                                           to, a requirement that there be inflows to Lake Nasworthy prior to di­
of treated domestic wastewater at a daily average flow not to exceed
                                                                           version and the maintenance of the lease agreement. The application,
625 gallons per day via evaporation. This permit will not authorize a
                                                                           technical memoranda, and Executive Director’s amendment are avail­
discharge of pollutants into waters in the State. The wastewater treat­
                                                                           able for viewing and copying at the Office of the Chief Clerk, 12100
ment facility and disposal site are located at 8050 County Road 735,
                                                                           Park 35 Circle, Building F, Austin, Texas 78753. Written public com­
400 feet south of Farm-to-Market Road 982 and 15,000 feet south of the
                                                                           ments and requests for a public meeting should be received in the Office
intersection of Farm-to-Market Road 982 and Farm-to-Market Road
                                                                           of Chief Clerk, at the address provided in the information section be­
546 in Collin County, Texas 75407.
                                                                           low, by October 27, 2011.
BATESVILLE WATER SUPPLY CORPORATION has applied for a
                                                                           APPLICATION NO. 14-1313A; Bentwood C.C., L.L.C., 2111 Club­
major amendment to TPDES Permit No. WQ0014394001 to reclassify
                                                                           house Lane, San Angelo, Texas 76904, Applicant, seeks to amend its
its wastewater treatment facility from a Category "C" to a Category
                                                                           portion of Certificate of Adjudication No. 14-1313 to add recreation
"D." The current permit authorizes the discharge of treated domestic
                                                                           use, to change its diversion point to a point on Lake Nasworthy, lo­
wastewater at a daily average flow not to exceed 184,000 gallons per
                                                                           cated on the South Concho River, Colorado River Basin, to add two
day. The facility is located approximately 4,225 feet southwest of the
                                                                           off-channel reservoirs as part of the irrigation system, and to change
intersection of U.S. Highway 57 and State Highway 117 in Batesville
                                                                           the place of use to a 419.643-acre tract in Tom Green County. The Ap­
in Zavala County, Texas 78829.
                                                                           plicant does not seek to increase the diversion rate. The application
JM TEXAS LAND FUND NO 4 LP has applied for a renewal of                    and required fees were received on August 13, 2010. Additional infor­
TPDES Permit No. WQ0014797001, which authorizes the discharge              mation and fees were received on April 25, June 27, July 5, July 7, and
of treated domestic wastewater at a daily average flow not to exceed        July 11, July 27, and August 8, 2011. The application was declared
300,000 gallons per day. The facility will be located approximately        administratively complete and filed with the Office of the Chief Clerk
0.45 mile east and 1.2 miles south of the intersection of Becker Road      on July 26, 2011. The Executive Director has completed the technical
and House Road, approximately six miles west of the City of Cypress        review of the application and prepared a draft amendment. The draft
in Harris County, Texas 77447.                                             amendment, if granted, would include special conditions including, but
                                                                           not limited to, a requirement that there be inflows to Lake Nasworthy
BARKER UTILITIES GP LLC has applied for a renewal of TPDES
                                                                           prior to diversion. The application, technical memoranda, and Exec­
Permit No. WQ0014828001, which authorizes the discharge of treated
                                                                           utive Director’s draft amendment are available for viewing and copy­
domestic wastewater at a daily average flow not to exceed 50,000 gal­
                                                                           ing at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F,
lons per day. The facility will be located approximately 525 feet north­
                                                                           Austin, Texas 78753. Written public comments and requests for a pub­
west of the intersection of Galveston Road and Lewis Road, approxi­
                                                                           lic meeting should be received in the Office of Chief Clerk, at the ad­
mately 0.25 mile due west of the intersection of Barker-Cypress Road
                                                                           dress provided in the information section below, by October 27, 2011.




36 TexReg 7388           October 28, 2011            Texas Register
APPLICATION NO. 14-1532A; Kimble County, 501 Main Street,                      the TCEQ Commissioners for their consideration at a scheduled Com­
Junction, Texas 76849, Applicant, has applied to amend its portion of          mission meeting.
Certificate of Adjudication No. 14-1532 to change the purpose of use,
                                                                               Written hearing requests, public comments or requests for a public
add an upstream diversion point on the South Llano River, Colorado
                                                                               meeting should be submitted to the Office of the Chief Clerk, MC
River Basin, and change the place of use. The application and partial
                                                                               105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For informa­
fees were received on November 1, 2010. Additional information and
                                                                               tion concerning the hearing process, please contact the Public Interest
fees were received on January 24 and June 27, 2011. The application
                                                                               Counsel, MC 103, at the same address. For additional information, in­
was declared administratively complete and accepted for filing on
                                                                               dividual members of the general public may contact the Office of Pub­
June 30, 2011. The TCEQ Executive Director has completed the
                                                                               lic Assistance at 1-800-687-4040. General information regarding the
technical review of the application and prepared a draft amendment.
                                                                               TCEQ can be found at our website at www.tceq.state.tx.us. Si desea
The draft amendment, if granted, would contain special conditions
                                                                               información en español, puede llamar al 1-800-687-4040.
including, but not limited to, the installation of mesh screens on the
diversion structure and a maximum flow-through velocity of 0.5 feet             TRD-201104434
per second. The application and Executive Director’s draft amendment           Bridget Bohac
are available for viewing and copying at the Office of the Chief Clerk,         Chief Clerk
12100 Park 35 Circle, Building F, Austin, Texas 78753. Written public          Texas Commission on Environmental Quality
comments and requests for a public meeting should be submitted to the          Filed: October 19, 2011
Office of the Chief Clerk, at the address provided in the information
section below by October 31, 2011.                                                                  ♦            ♦            ♦
APPLICATION NO. 14-1543A; Kimble County, 501 Main Street,                      Proposal for Decision
Junction, Texas 76849, Applicant, has applied to amend its portion of
                                                                               The State Office of Administrative Hearings issued a Proposal for Deci­
Certificate of Adjudication No. 14-1543 to change the purpose of use,
                                                                               sion and Order to the Texas Commission on Environmental Quality on
add an upstream diversion point on the South Llano River, Colorado
                                                                               October 13, 2011, in the matter of the Executive Director of the Texas
River Basin, and change the place of use. The application and partial
                                                                               Commission on Environmental Quality, Petitioner v. Chwiki Corpo­
fees were received on November 1, 2010. Additional information and
                                                                               ration d/b/a Panther Market; SOAH Docket No. 582-11-1905; TCEQ
fees were received on January 24, February 25, March 23 and June
                                                                               Docket No. 2009-1756-PST-E. The Commission will consider the Ad­
27, 2011. The application was declared administratively complete and
                                                                               ministrative Law Judge’s Proposal for Decision and Order regarding
accepted for filing on June 30, 2011. The TCEQ Executive Director
                                                                               the enforcement action against Chwiki Corporation d/b/a Panther Mar­
has completed the technical review of the application and prepared
                                                                               ket on a date and time to be determined by the Office of the Chief Clerk
a draft amendment. The draft amendment, if granted, would contain
                                                                               in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas.
special conditions including, but not limited to, the installation of mesh
                                                                               This posting is Notice of Opportunity to Comment on the Proposal for
screens on the diversion structure and a maximum flow-through ve­
                                                                               Decision and Order. The comment period will end 30 days from date of
locity of 0.5 feet per second. The application and Executive Director’s
                                                                               this publication. Written public comments should be submitted to the
draft amendment are available for viewing and copying at the Office
                                                                               Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin,
of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas
                                                                               Texas 78711-3087. If you have any questions or need assistance, please
78753. Written public comments and requests for a public meeting
                                                                               contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
should be submitted to the Office of the Chief Clerk, at the address
provided in the information section below by October 31, 2011.                 TRD-201104436
                                                                               Bridget Bohac
INFORMATION SECTION
                                                                               Chief Clerk
To view the complete issued notice, view the notice on our website             Texas Commission on Environmental Quality
at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Of­           Filed: October 19, 2011
fice of the Chief Clerk at (512) 239-3300 to obtain a copy of the com­
plete notice. When searching the website, type in the issued date range                             ♦            ♦            ♦
shown at the top of this document to obtain search results.
                                                                               Proposal for Decision
A public meeting is intended for the taking of public comment, and is
                                                                               The State Office of Administrative Hearings issued a Proposal for Deci­
not a contested case hearing.
                                                                               sion and Order to the Texas Commission on Environmental Quality on
The Executive Director can consider approval of an application unless          October 17, 2011, in the matter of the Executive Director of the Texas
a written request for a contested case hearing is filed. To request a con­      Commission on Environmental Quality, Petitioner v. David Harden;
tested case hearing, you must submit the following: (1) your name (or          SOAH Docket No. 582-11-5376; TCEQ Docket No. 2010-1775-PST­
for a group or association, an official representative), mailing address,       E. The Commission will consider the Administrative Law Judge’s Pro­
daytime phone number, and fax number, if any: (2) applicant’s name             posal for Decision and Order regarding the enforcement action against
and permit number; (3) the statement "[I/we] request a contested case          David Harden on a date and time to be determined by the Office of
hearing;" and (4) a brief and specific description of how you would be          the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35,
affected by the application in a way not common to the general public.         Austin, Texas. This posting is Notice of Opportunity to Comment on
You may also submit any proposed conditions to the requested applica­          the Proposal for Decision and Order. The comment period will end 30
tion which would satisfy your concerns. Requests for a contested case          days from date of this publication. Written public comments should
hearing must be submitted in writing to the TCEQ Office of the Chief            be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O.
Clerk at the address provided in the information section below.                Box 13087, Austin, Texas 78711-3087. If you have any questions or
                                                                               need assistance, please contact Melissa Chao, Office of the Chief Clerk,
If a hearing request is filed, the Executive Director will not issue the re­
                                                                               (512) 239-3300.
quested permit and may forward the application and hearing request to
                                                                               TRD-201104437




                                                                              IN ADDITION           October 28, 2011           36 TexReg 7389
Bridget Bohac                                                              Deputy Commissioner has determined there is a need to remove this
Chief Clerk                                                                vessel from Texas coastal waters and dispose of it in accordance with
Texas Commission on Environmental Quality                                  §40.108. This notice was also placed on the vessel on October 4, 2011
Filed: October 19, 2011                                                    to inform the owner or operator of the pending removal and disposal
                                                                           of the vessel.
                      ♦            ♦            ♦                          Violation
Proposal for Decision
                                                                           YOU ARE HEREBY GIVEN NOTICE, pursuant to the provisions of
The State Office of Administrative Hearings issued a Proposal for De­       §40.254 of the Texas Natural Resources Code, (OSPRA) that you are
cision and Order to the Texas Commission on Environmental Quality          in violation of OSPRA §40.108(a) that prohibits a person from leav­
on October 18, 2011, in the matter of the Executive Director of the        ing, abandoning, or maintaining any structure or vessel in or on coastal
Texas Commission on Environmental Quality, Petitioner v. Micro Dirt        waters, on public or private lands, or at a public or private port or dock
Inc., d/b/a Texas Organic Recovery; SOAH Docket No. 582-10-1754;           if the structure or vessel is in a wrecked, derelict, or substantially dis­
TCEQ Docket No. 2009-0096-MSW-E. The Commission will con­                  mantled condition, and the Commissioner determines the vessel is in­
sider the Administrative Law Judge’s Proposal for Decision and Order       volved in an actual or unauthorized discharge of oil, a threat to the
regarding the enforcement action against Micro Dirt Inc., d/b/a Texas      public health, safety, and welfare, or a hazard to the environment or
Organic Recovery on a date and time to be determined by the Office          navigation. The Commissioner is authorized by OSPRA §40.108(b)
of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate         to dispose of or contract for the disposal of any vessel described in
35, Austin, Texas. This posting is Notice of Opportunity to Comment        §40.108(a).
on the Proposal for Decision and Order. The comment period will end
                                                                           Recommendation
30 days from date of this publication. Written public comments should
be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O.           The Commissioner recommends that the vessel be removed from Texas
Box 13087, Austin, Texas 78711-3087. If you have any questions or          coastal waters and disposed of in accordance with OSPRA §40.108.
need assistance, please contact Melissa Chao, Office of the Chief Clerk,
                                                                           The owner or operator of this vessel can request a hearing to contest
(512) 239-3300.
                                                                           the violation and the removal and disposal of the vessel. If the owner
TRD-201104438                                                              or operator wants to request a hearing, a request in writing must be
Bridget Bohac                                                              made within twenty (20) days of this notice being posted. The request
Chief Clerk                                                                for a hearing must be sent to: Texas General Land Office, Oil Spill
Texas Commission on Environmental Quality                                  Prevention and Response Division, P.O. Box 12873, Austin, TX 78711.
Filed: October 19, 2011                                                    Failure to request a hearing may result in the removal and disposal of
                                                                           the vessel by the TGLO. If the TGLO removes and disposes of the
                      ♦            ♦            ♦                          vessel, the TGLO has authority under TNRC §40.108(b) to recover the
General Land Office                                                         costs of removal and disposal from the vessel’s owner or operator.

Notice of Violation - Derelict Vessel                                      For additional information contact William. D. "Bill" Grimes at (512)
                                                                           475-1464.
Official Notice to Vessel Owner/Operator (Pursuant to §40.254,
                                                                           TRD-201104432
Texas Natural Resources Code (TNRC))
                                                                           Larry L. Laine
This preliminary report and notice of violation was issued by Greg Pol­    Chief Clerk/Deputy Land Commissioner
lock, Deputy Commissioner, Oil Spill Prevention and Response Divi­         General Land Office
sion (OSPR), Texas General Land Office, on 23 August 2011.                  Filed: October 19, 2011
Preliminary Report
                                                                                                 ♦             ♦             ♦
Region 1 staff conducted an investigation on 22 August 2011. The
Deputy Commissioner of the General Land Office (GLO), Oil Spill Pre­        Notice of Violation - Derelict Vessel
vention and Response Division, has determined that a steel-hulled deck     Official Notice to Vessel Owner/Operator (Pursuant to §40.254,
barge, YWN 59 (GLO Vessel 1-793), is in an abandoned, wrecked, and         Texas Natural Resources Code (TNRC))
derelict condition without the consent of the commissioner. The steel
deck barge is located on the Sabine Neches Waterway, in the town of        This preliminary report and notice of violation was issued by Greg Pol­
Sabine Pass, Texas, in Jefferson County, Texas. It is located at Lati­     lock, Deputy Commissioner, Oil Spill Prevention and Response Divi­
tude 29 degrees 43 minutes 35.0 seconds N, Longitude 93 degrees 52         sion (OSPR), Texas General Land Office, on 9 September 2011.
minutes 12.0 seconds W. The GLO cannot determine the owner of or           Preliminary Report
responsible person(s) for this abandoned barge. The GLO further de­
termined that, because of the barge’s condition, the barge poses an un­    Region 4 staff conducted an investigation on 22 August 2011. The
reasonable threat to public health, safety, and welfare, a hazard to the   Deputy Commissioner of the General Land Office (GLO), Oil Spill
environment, and a threat to navigation.                                   Prevention and Response Division, has determined that a 34.5 foot
                                                                           steel-hulled recreational sailboat R/V Pele, USCG Vessel Documen-
TNRC §40.108(a) prohibits a person from leaving, abandoning, or            tation Number 1043577 (GLO Vessel 4-812), is in an abandoned,
maintaining a vessel in coastal waters if the vessel is in a wrecked,      wrecked, and derelict condition without the consent of the commis­
derelict, or substantially dismantled condition and the Commissioner       sioner. The sunken vessel is located in the lower Laguna Madre, in the
determines the vessel is a threat to public health, safety, or welfare     City of Port Isabel, in Cameron County, Texas. The vessel is specifi­
or a threat to the environment. TNRC §40.108(b) authorizes the             cally located at Latitude 26 degrees 04 minutes 15 seconds N, Longi­
Commissioner to remove and dispose of or contract for the removal          tude 97 degrees 09 minutes 56 seconds W. The GLO cannot determine
and disposal of any vessel described in TNRC §40.108(a). The               the owner of or responsible person(s) for this abandoned vessel. The




36 TexReg 7390            October 28, 2011           Texas Register
GLO further determined that, because of the vessel’s condition and lo­         The Texas Health and Human Services Commission (HHSC) will con­
cation, the vessel poses an unreasonable threat to public health, safety,      duct a public hearing on November 16, 2011, at 1:30 p.m., to receive
and welfare, a hazard to the environment, and a threat to navigation.          comment on proposed Medicaid payment rates for Healthcare Com­
                                                                               mon Procedure Coding System (HCPCS) updates.
TNRC §40.108(a) prohibits a person from leaving, abandoning, or
maintaining a vessel in coastal waters if the vessel is in a wrecked,          The public hearing will be held in the Lone Star Conference Room of
derelict, or substantially dismantled condition and the Commissioner           HHSC, Braker Center, Building H, located at 11209 Metric Boulevard,
determines the vessel is a threat to public health, safety, or welfare         Austin, Texas. Entry is through security at the main entrance of the
or a threat to the environment. TNRC §40.108(b) authorizes the                 building, which faces Metric Boulevard. The hearing will be held in
Commissioner to remove and dispose of or contract for the removal              compliance with Human Resources Code §32.0282 and Title 1 Texas
and disposal of any vessel described in TNRC §40.108(a). The                   Administrative Code (TAC) §355.201, which require public notice of
Deputy Commissioner has determined there is a need to remove this              and hearings on proposed Medicaid reimbursements.
vessel from Texas coastal waters and dispose of it in accordance with
                                                                               Proposal. The payment rates for HCPCS updates are proposed to be
§40.108. This notice was also placed on the vessel on October 28,
                                                                               effective January 1, 2012.
2011 to inform the owner or operator of the pending removal and
disposal of the vessel.                                                        Methodology and Justification. The proposed payment rates were
                                                                               calculated in accordance with 1 TAC §355.8085, which addresses the
Violation
                                                                               reimbursement methodology for physicians and other medical pro­
YOU ARE HEREBY GIVEN NOTICE, pursuant to the provisions of                     fessionals, including medical services, surgery, assistant surgery, and
§40.254 of the Texas Natural Resources Code (OSPRA) that you are               physician administered drugs/biologicals; medical services, surgery,
in violation of OSPRA §40.108(a) that prohibits a person from leav­            assistant surgery, radiology, laboratory, and radiation therapy.
ing, abandoning, or maintaining any structure or vessel in or on coastal
                                                                               The reimbursement rates proposed reflect applicable reductions
waters, on public or private lands, or at a public or private port or dock
                                                                               directed by the 2012-2013 General Appropriations Act, House Bill
if the structure or vessel is in a wrecked, derelict, or substantially dis­
                                                                               (H.B.) 1, 82nd Legislature, Regular Session. Detailed information
mantled condition, and the Commissioner determines the vessel is in­
                                                                               related to specifics of the reductions can be found on the Medicaid fee
volved in an actual or unauthorized discharge of oil, a threat to the
                                                                               schedules.
public health, safety, and welfare, or a hazard to the environment or
navigation. The Commissioner is authorized by OSPRA §40.108(b)                 Briefing Package. A briefing package describing the proposed pay­
to dispose of or contract for the disposal of any vessel described in          ments will be available at http://www.hhsc.state.tx.us/rad/rate-pack­
§40.108(a).                                                                    ets.shtml on or after November 2, 2011. Interested parties may obtain
                                                                               a copy of the briefing package prior to the hearing by contacting Rate
Recommendation
                                                                               Analysis by telephone at (512) 491-1445; by fax at (512) 491-1998;
The Commissioner recommends that the vessel, R/V Pele, USCG Ves­               or by e-mail at esther.brown@hhsc.state.tx.us. The briefing package
sel Documentation Number 1043577 (GLO Vessel 4-812) be removed                 also will be available at the public hearing.
from Texas coastal waters and disposed of in accordance with OSPRA
                                                                               Written Comments. Written comments regarding the proposed
§40.108.
                                                                               payment rates may be submitted in lieu of, or in addition to, oral
The owner or operator of this vessel can request a hearing to contest the      testimony until 5:00 p.m. the day of the hearing. Written comments
violation and the removal and disposal of the vessel. If the owner or          may be sent by U.S. mail to the attention of Rate Analysis, HHSC,
operator wants to request a hearing, a request in writing must be made         Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas
within twenty (20) days of this notice being posted on the vessel. The         78708-5200; by fax to Rate Analysis at (512) 491-1998; or by e-mail to
request for a hearing must be sent to: Texas General Land Office, Oil           esther.brown@hhsc.state.tx.us. In addition, written comments may be
Spill Prevention and Response Division, P.O. Box 12873, Austin, TX             sent by overnight mail or hand delivered to HHSC Rate Analysis, Mail
78711. Failure to request a hearing may result in the removal and dis­         Code H-400, Braker Center, Building H, 11209 Metric Boulevard,
posal of the vessel by the TGLO. If the TGLO removes and disposes of           Austin, Texas 78758-4021.
the vessel, the TGLO has authority under TNRC §40.108(b) to recover
                                                                               Persons with disabilities who wish to attend the hearing and require
the costs of removal and disposal from the vessel’s owner or operator.
                                                                               auxiliary aids or services should contact Rate Analysis at (512) 491­
For additional information contact William D. "Bill" Grimes at (512)           1445 at least 72 hours in advance, so appropriate arrangements can be
475-1464.                                                                      made.
TRD-201104431                                                                  TRD-201104442
Larry L. Laine                                                                 Steve Aragon
Chief Clerk/Deputy Land Commissioner                                           Chief Counsel
General Land Office                                                             Texas Health and Human Services Commission
Filed: October 19, 2011                                                        Filed: October 19, 2011

                      ♦             ♦             ♦                                                 ♦            ♦            ♦
Texas Health and Human Services Commission                                     Notice of Public Hearing on Proposed Payment Rates for
Notice of Public Hearing on Proposed Medicaid Payment                          Medicaid Biennial Calendar Fee Review
Rates Healthcare Common Procedure Coding System Updates                        Hearing. The Texas Health and Human Services Commission (HHSC)
Hearing                                                                        will conduct a public hearing on November 16, 2011, at 1:30 p.m., to
                                                                               receive comment on proposed payment rates for the Medicaid Biennial
Hearing.
                                                                               Calendar Fee Review.




                                                                              IN ADDITION           October 28, 2011           36 TexReg 7391
The public hearing will be held in the Lone Star Conference Room of         Steve Aragon
HHSC, Braker Center, Building H, located at 11209 Metric Boulevard,         Chief Counsel
Austin, Texas. Entry is through security at the main entrance of the        Texas Health and Human Services Commission
building, which faces Metric Boulevard. The hearing will be held in         Filed: October 19, 2011
compliance with Human Resources Code §32.0282 and Title 1 Texas
Administrative Code (1 TAC) §355.201, which require public notice                                 ♦             ♦            ♦
of and hearings on proposed Medicaid reimbursements.
                                                                            Notice of Public Hearing on Proposed Payment Rates for
Proposal. The payment rates for Medicaid Biennial Calendar Fee Re­          Medicaid Policy Hearing
view are proposed to be effective January 1, 2012, for the following
services: Diagnostic Radiology; Enteral Supplies (B Codes); Muscu­          Hearing.
loskeletal System Surgery; Portable X-Ray (R Codes); Radiopharma­           The Texas Health and Human Services Commission (HHSC) will con­
ceuticals; Respiratory System Surgery; Sign Language, Screening Ser­        duct a public hearing on November 16, 2011, at 1:30 p.m., to receive
vices, and Substance Use Disorder Services (T Codes); and Telehealth        comment on proposed payment rates for Medicaid Policy Reviews.
and Irrigation Solution (Q Codes).
                                                                            The public hearing will be held in the Lone Star Conference Room of
Methodology and Justification. The proposed payment rates were               HHSC, Braker Center, Building H, located at 11209 Metric Boulevard,
calculated in accordance with 1 TAC:                                        Austin, Texas. Entry is through security at the main entrance of the
§355.8021, which addresses the reimbursement methodology for                building, which faces Metric Boulevard. The hearing will be held in
durable medical equipment and expendable supplies in home health            compliance with Human Resources Code §32.0282 and Title 1 Texas
services;                                                                   Administrative Code (TAC) §355.201, which require public notice of
                                                                            and hearings on proposed Medicaid reimbursements.
§355.8081, which addresses payments for laboratory and x-ray ser­
vices, radiation therapy, physical therapists’ services, physician ser­     Proposal. The payment rates for Medicaid Policy Reviews are pro­
vices, podiatry services, chiropractic services, optometric services, am­   posed to be effective January 1, 2012, for the following services: In­
bulance services, dentists’ services, psychologists’ services, licensed     continence Supplies; Radiology Diagnostic Imaging; Tobacco Cessa­
psychological associates’ services, maternity clinic services, and tu­      tion; and Wound Care Management.
berculosis clinic services;                                                 Methodology and Justification. The proposed payment rates were
§355.8085, which addresses the reimbursement methodology for                calculated in accordance with 1 TAC:
physicians and other medical professionals, including medical               Section 355.8021, which addresses the reimbursement methodology
services, surgery, assistant surgery, and physician administered            for durable medical equipment and expendable supplies in home health
drugs/biologicals; medical services, surgery, assistant surgery, radiol­    services;
ogy, laboratory, and radiation therapy; and
                                                                            Section 355.8081, which addresses payments for laboratory and x-ray
§355.8441, which addresses the reimbursement methodology for the            services, radiation therapy, physical therapists’ services, physician ser­
Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Pro­         vices, podiatry services, chiropractic services, optometry services, am­
gram (known in Texas as Texas Health Steps).                                bulance services, dentists’ services, psychologists’ services, licensed
The reimbursement rates proposed reflect applicable reductions di­           psychological associates’ services, maternity clinic services, and tu­
rected by the 2012-2013 General Appropriations Act, House Bill 1,           berculosis clinic services;
82nd Legislature, Regular Session. Detailed information related to          Section 355.8085, which addresses the reimbursement methodology
specifics of the reductions can be found on the Medicaid fee schedules.      for physicians and other medical professionals, including medical ser­
Briefing Package. A briefing package describing the proposed pay­             vices, surgery, assistant surgery, and physician administered drugs/bi­
ments will be available at http://www.hhsc.state.tx.us/rad/rate-pack­       ologicals; medical services, surgery, assistant surgery, radiology, labo­
ets.shtml on or after November 2, 2011. Interested parties may obtain       ratory, and radiation therapy; and
a copy of the briefing package prior to the hearing by contacting Rate       Section 355.8441, which addresses the reimbursement methodology
Analysis by telephone at (512) 491-1445; by fax at (512) 491-1998;          for the Early and Periodic Screening, Diagnosis, and Treatment
or by e-mail at esther.brown@hhsc.state.tx.us. The briefing package          (EPSDT) Program (known in Texas as Texas Health Steps).
also will be available at the public hearing.
                                                                            The reimbursement rates proposed reflect applicable reductions
Written Comments. Written comments regarding the proposed                   directed by the 2012-2013 General Appropriations Act, House Bill
payment rates may be submitted in lieu of, or in addition to, oral          (H.B.) 1, 82nd Legislature, Regular Session. Detailed information
testimony until 5:00 p.m. the day of the hearing. Written comments          related to specifics of the reductions can be found on the Medicaid fee
may be sent by U.S. mail to the attention of Rate Analysis, HHSC,           schedules.
Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas
78708-5200; by fax to Rate Analysis at (512) 491-1998; or by e-mail to      Briefing Package. A briefing package describing the proposed pay­
esther.brown@hhsc.state.tx.us. In addition, written comments may be         ments will be available at http://www.hhsc.state.tx.us/rad/rate-pack­
sent by overnight mail or hand delivered to HHSC Rate Analysis, Mail        ets.shtml on or after November 2, 2011. Interested parties may obtain
Code H-400, Braker Center, Building H, 11209 Metric Boulevard,              a copy of the briefing package prior to the hearing by contacting Rate
Austin, Texas 78758-4021.                                                   Analysis by telephone at (512) 491-1445; by fax at (512) 491-1998;
                                                                            or by e-mail at esther.brown@hhsc.state.tx.us. The briefing package
Persons with disabilities who wish to attend the hearing and require        also will be available at the public hearing.
auxiliary aids or services should contact Rate Analysis at (512) 491­
1445 at least 72 hours in advance, so appropriate arrangements can be       Written Comments. Written comments regarding the proposed
made.                                                                       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
TRD-201104439                                                               may be sent by U.S. mail to the attention of Rate Analysis, HHSC,



36 TexReg 7392            October 28, 2011            Texas Register
Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas                Briefing Package. A briefing package describing the proposed pay­
78708-5200; by fax to Rate Analysis at (512) 491-1998; or by e-mail to       ments will be available at http://www.hhsc.state.tx.us/rad/rate-pack­
esther.brown@hhsc.state.tx.us. In addition, written comments may be          ets.shtml on or after November 2, 2011. Interested parties may obtain
sent by overnight mail or hand delivered to HHSC Rate Analysis, Mail         a copy of the briefing package prior to the hearing by contacting Rate
Code H-400, Braker Center, Building H, 11209 Metric Boulevard,               Analysis by telephone at (512) 491-1445; by fax at (512) 491-1998;
Austin, Texas 78758-4021.                                                    or by e-mail at esther.brown@hhsc.state.tx.us. The briefing package
                                                                             also will be available at the public hearing.
Persons with disabilities who wish to attend the hearing and require
auxiliary aids or services should contact Rate Analysis at (512) 491­        Written Comments. Written comments regarding the proposed
1445 at least 72 hours in advance, so appropriate arrangements can be        payment rates may be submitted in lieu of, or in addition to, oral
made.                                                                        testimony until 5:00 p.m. the day of the hearing. Written comments
TRD-201104443
                                                                             may be sent by U.S. mail to the attention of Rate Analysis, HHSC,
                                                                             Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas
Steve Aragon
                                                                             78708-5200; by fax to Rate Analysis at (512) 491-1998; or by e-mail to
Chief Counsel
                                                                             esther.brown@hhsc.state.tx.us. In addition, written comments may be
Texas Health and Human Services Commission                                   sent by overnight mail or hand delivered to HHSC Rate Analysis, Mail
Filed: October 19, 2011                                                      Code H-400, Braker Center, Building H, 11209 Metric Boulevard,
                      ♦            ♦            ♦                            Austin, Texas 78758-4021.
                                                                             Persons with disabilities who wish to attend the hearing and require
Notice of Public Hearing on Proposed Payment Rates for
                                                                             auxiliary aids or services should contact Rate Analysis at (512) 491­
Medicaid Special Reviews Hearing                                             1445 at least 72 hours in advance, so appropriate arrangements can be
The Texas Health and Human Services Commission (HHSC) will con­              made.
duct a public hearing on November 16, 2011, at 1:30 p.m., to receive         TRD-201104444
comment on proposed payment rates for the Medicaid Special Reviews.          Steve Aragon
The public hearing will be held in the Lone Star Conference Room of          Chief Counsel
HHSC, Braker Center, Building H, located at 11209 Metric Boulevard,          Texas Health and Human Services Commission
Austin, Texas. Entry is through security at the main entrance of the         Filed: October 19, 2011
building, which faces Metric Boulevard. The hearing will be held in
compliance with Human Resources Code §32.0282 and Title 1 Texas                                   ♦            ♦            ♦
Administrative Code (1 TAC) §355.201, which require public notice            Public Notice
of and hearings on proposed Medicaid reimbursements.
                                                                             The Texas Health and Human Services Commission will conduct
Proposal. The payment rates for Medicaid Special Reviews are pro­            a public hearing to receive comments on the proposed amend­
posed to be effective January 1, 2012, for the following services: Renal     ments to Title 1, Part 15, Chapter 354, Subchapter A, Division 3,
Dialysis; Texas Health Steps Orthodontia; and Diabetic Equipment and         §354.1041, Benefits for Medicare/Medicaid Recipients; and Division
Supplies.                                                                    11, §354.1143, Coordination of Medicaid with Medicare Parts A, B,
Methodology and Justification. The proposed payment rates were                and C and §354.1149, Exclusions and Limitations.
calculated in accordance with 1 TAC:                                         The proposed rule amendments limit payments for Medicare Part B
§355.8021, which addresses the reimbursement methodology for                 services provided to dual eligibles to no more than the Medicaid pay­
durable medical equipment and expendable supplies in home health             ment amount for the same service, with the exception of renal dialy­
services;                                                                    sis services. This is currently the policy for Medicare Part A hospital
                                                                             services, but not for Medicare Part B physician and other outpatient
§355.8081, which addresses payments for laboratory and x-ray ser­            services. The rule amendments also make changes to the payments for
vices, radiation therapy, physical therapists’ services, physician ser­      services provided through Medicare Part C.
vices, podiatry services, chiropractic services, optometric services, am­
bulance services, dentists’ services, psychologists’ services, licensed      Written comments on the proposed amendments to the rule may be sub­
psychological associates’ services, maternity clinic services, and tu­       mitted to Stephanie Stephens, Operations Coordinator, Medicaid/CHIP
berculosis clinic services;                                                  Division, Mail Code H100, Health and Human Services Commission,
                                                                             at P.O. Box 85200, Austin, Texas 78708-5200; by fax to (512) 491­
§355.8085, which addresses the reimbursement methodology for                 1977; or by e-mail to stephanie.stephens@hhsc.state.tx.us within 30
physicians and other medical professionals, including medical                days of publication of this proposal in the Texas Register.
services, surgery, assistant surgery, and physician administered
drugs/biologicals; medical services, surgery, assistant surgery, radiol­     People requiring Americans with Disabilities Act accommodation,
ogy, laboratory, and radiation therapy;                                      auxiliary aids or services should call Leigh A. Van Kirk at (512)
                                                                             491-2813 at least 72 hours before the hearing so appropriate arrange­
§355.8441, which addresses the reimbursement methodology for the             ments can be made.
Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Pro­
gram (known in Texas as Texas Health Steps); and                             TRD-201104306
                                                                             Steve Aragon
§355.8660, which addresses renal dialysis reimbursement.
                                                                             Chief Counsel
The reimbursement rates proposed reflect applicable reductions di­            Texas Health and Human Services Commission
rected by the 2012-2013 General Appropriations Act, H.B. 1, 82nd             Filed: October 12, 2011
Legislature, Regular Session. Detailed information related to specifics
of the reductions can be found on the Medicaid fee schedules.                                     ♦            ♦            ♦



                                                                            IN ADDITION           October 28, 2011           36 TexReg 7393
Texas Department of Insurance                                                townhouses; commercial structures and associated contents; and gov­
                                                                             ernmental structures and associated contents. The petition was submit­
Company Licensing                                                            ted pursuant to Texas Insurance Code §§2210.502 - 2210.504.
Application to change the name of EVERCARE OF TEXAS, L.L.C., to              This notice is made pursuant to Texas Insurance Code §2210.504(a),
UNITED HEALTHCARE COMMUNITY PLAN OF TEXAS, L.L.C.,                           which requires notice and a hearing prior to the Commissioner’s ap­
a domestic health maintenance organization. The home office is in             proval, disapproval, or modification of the Association’s proposed ad­
Houston, Texas.                                                              justments to the limits of liability for its windstorm and hail insurance
Application for admission to the State of Texas by HOME VALUE IN­            policies. Texas Insurance Code Chapter 40 does not apply to this pro­
SURANCE COMPANY, a foreign fire and/or casualty company. The                  ceeding.
home office is in Columbus, Ohio.                                             A copy of the Association’s petition is available for review online at
Application for admission to the State of Texas by INDEPENDENT               http://www.tdi.texas.gov/submissions/indextwia.html and in the Office
MUTUAL FIRE INSURANCE COMPANY, a foreign fire and/or ca­                      of the Chief Clerk, MC 113-2A, Texas Department of Insurance, 333
sualty company. The home office is in Chicago, Illinois.                      Guadalupe Street, Austin, Texas 78701. To request a copy of the pe­
                                                                             tition (Reference No. P-0911-09), contact Sylvia Gutierrez at (512)
Any objections must be filed with the Texas Department of Insurance,          463-6327. For additional information, interested parties may contact
within twenty (20) calendar days from the date of the Texas Regis-           J’ne Byckovski, Chief Actuary, by mail at MC 105-5F, Texas Depart­
ter publication, addressed to the attention of Godwin Ohaechesi, 333         ment of Insurance, 333 Guadalupe, Austin, Texas 78701; or by phone
Guadalupe Street, M/C 305-2C, Austin, Texas 78701.                           at (512) 475-3017.
TRD-201104409
                                                                             TRD-201104418
Sara Waitt
                                                                             Sara Waitt
Acting General Counsel                                                       Acting General Counsel
Texas Department of Insurance
                                                                             Texas Department of Insurance
Filed: October 18, 2011
                                                                             Filed: October 18, 2011
                      ♦             ♦            ♦                                                 ♦             ♦            ♦
Company Licensing                                                            Texas Lottery Commission
Application to change the name of WHITE MOUNTAINS REINSUR­                   Instant Game Number 1384 "Mardi Gras"
ANCE COMPANY OF AMERICA to SIRIUS AMERICA INSUR­
ANCE COMPANY, a fire and/or casualty company. The home office                  1.0 Name and Style of Game.
is in New York, New York.                                                    A. The name of Instant Game No. 1384 is "MARDI GRAS". The play
Application to change the name of NATIONS BONDING COMPANY                    style is "key number match with auto win".
to MERCHANTS NATIONAL BONDING, INC., a fire and/or casu­                      1.1 Price of Instant Ticket.
alty company. The home office is in Austin, Texas.
                                                                             A. Tickets for Instant Game No. 1384 shall be $1.00 per ticket.
Any objections must be filed with the Texas Department of Insurance,
within twenty (20) calendar days from the date of the Texas Regis-           1.2 Definitions in Instant Game No. 1384.
ter publication, addressed to the attention of Godwin Ohaechesi, 333         A. Display Printing - That area of the instant game ticket outside of the
Guadalupe Street, M/C 305-2C, Austin, Texas 78701.                           area where the Overprint and Play Symbols appear.
TRD-201104441
                                                                             B. Latex Overprint - The removable scratch-off covering over the Play
Sara Waitt                                                                   Symbols on the front of the ticket.
Acting General Counsel
Texas Department of Insurance                                                C. Play Symbol - The printed data under the latex on the front of the
                                                                             ticket that is used to determine eligibility for a prize. Each Play Symbol
Filed: October 19, 2011
                                                                             is printed in Symbol font in black ink in positive except for dual-im­
                      ♦             ♦            ♦                           age games. The possible black play symbols are: $1.00, $2.00, $5.00,
                                                                             $10.00, $20.00, $40.00, $100, $1,000, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
Notice of Public Hearing                                                     12, 13, 14, 15, 16, 17, 18, 19, 20 and MASK SYMBOL.
The Commissioner of Insurance (Commissioner) will hold a public              D. Play Symbol Caption - The printed material appearing below each
hearing under Docket No. 2729 on November 8, 2011 at 9:30 a.m.               Play Symbol which explains the Play Symbol. One caption appears
in Room 100 of the William P. Hobby, Jr., State Office Building, 333          under each Play Symbol and is printed in caption font in black ink
Guadalupe Street, in Austin, Texas, to consider the Texas Windstorm          in positive. The Play Symbol Caption which corresponds with and
Insurance Association’s (Association) petition related to the maximum        verifies each Play Symbol is as follows:
limits of liability for windstorm and hail insurance policies covering the
following: residential dwellings and individually owned townhouses
and associated contents; contents of apartments, condominiums, or




36 TexReg 7394            October 28, 2011            Texas Register
E. Serial Number - A unique 14 (fourteen) digit number appearing un­         a three (3) digit ticket number. Ticket numbers start with 001 and end
der the latex scratch-off covering on the front of the ticket. There is a    with 150 within each pack. The format will be: 1384-0000001-001.
boxed four (4) digit Security Number placed randomly within the Se­
                                                                             K. Pack - A pack of "MARDI GRAS" Instant Game tickets contains
rial Number. The remaining ten (10) digits of the Serial Number are the
                                                                             150 tickets, packed in plastic shrink-wrapping and fanfolded in pages
Validation Number. The Serial Number is for validation purposes and
                                                                             of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to
cannot be used to play the game. The format will be: 00000000000000.
                                                                             010 on the next page; etc.; and tickets 146 to 150 will be on the last
F. Low-Tier Prize - A prize of $1.00, $2.00, $5.00, $10.00 or $20.00.        page with backs exposed. Ticket 001 will be folded over so the front
                                                                             of ticket 001 and 010 will be exposed.
G. Mid-Tier Prize - A prize of $40.00 or $100.
                                                                             L. Non-Winning Ticket - A ticket which is not programmed to be a
H. High-Tier Prize - A prize of $1,000.
                                                                             winning ticket or a ticket that does not meet all of the requirements
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five        of these Game Procedures, the State Lottery Act (Texas Government
(5) bar code which will include a four (4) digit game ID, the seven          Code, Chapter 466), and applicable rules adopted by the Texas Lottery
(7) digit pack number, the three (3) digit ticket number and the ten (10)    pursuant to the State Lottery Act and referenced in 16 TAC Chapter
digit Validation Number. The bar code appears on the back of the ticket.     401.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the       M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery
four (4) digit game number (1384), a seven (7) digit pack number, and        "MARDI GRAS" Instant Game No. 1384 ticket.




                                                                            IN ADDITION           October 28, 2011           36 TexReg 7395
2.0 Determination of Prize Winners. The determination of prize win­          Pack-Ticket Number font and must correspond precisely to the artwork
ners is subject to the general ticket validation requirements set forth in   on file at the Texas Lottery;
Texas Lottery Rule, §401.302, Instant Game Rules, these Game Proce­
                                                                             18. The display printing on the ticket must be regular in every respect
dures, and the requirements set out on the back of each instant ticket. A
                                                                             and correspond precisely to the artwork on file at the Texas Lottery;
prize winner in the "MARDI GRAS" Instant Game is determined once
                                                                             and
the latex on the ticket is scratched off to expose 10 (ten) play symbols.
If a player matches any of YOUR NUMBERS play symbols to either               19. The ticket must have been received by the Texas Lottery by appli­
WINNING NUMBER play symbol, the player wins prize for that num­              cable deadlines.
ber. If a player reveals a "MASK" play symbol, the player wins prize
                                                                             B. The ticket must pass all additional validation tests provided for in
for that symbol instantly. No portion of the display printing nor any
                                                                             these Game Procedures, the Texas Lottery’s Rules governing the award
extraneous matter whatsoever shall be usable or playable as a part of
                                                                             of prizes of the amount to be validated, and any confidential validation
the Instant Game.
                                                                             and security tests of the Texas Lottery.
2.1 Instant Ticket Validation Requirements.
                                                                             C. Any Instant Game ticket not passing all of the validation require­
A. To be a valid Instant Game ticket, all of the following requirements      ments is void and ineligible for any prize and shall not be paid. How­
must be met:                                                                 ever, the Executive Director may, solely at the Executive Director’s
                                                                             discretion, refund the retail sales price of the ticket. In the event a de­
1. Exactly 10 (ten) Play Symbols must appear under the latex overprint
                                                                             fective ticket is purchased, the only responsibility or liability of the
on the front portion of the ticket;
                                                                             Texas Lottery shall be to replace the defective ticket with another un­
2. Each of the Play Symbols must have a Play Symbol Caption under­           played ticket in that Instant Game (or a ticket of equivalent sales price
neath, unless specified, and each Play Symbol must agree with its Play        from any other current Instant Lottery game) or refund the retail sales
Symbol Caption;                                                              price of the ticket, solely at the Executive Director’s discretion.
3. Each of the Play Symbols must be present in its entirety and be fully     2.2 Programmed Game Parameters.
legible;
                                                                             A. Players can win up to four (4) times on a ticket in accordance with
4. Each of the Play Symbols must be printed in black ink except for          the approved prize structure.
dual image games;
                                                                             B. Adjacent non-winning tickets within a pack will not have identical
5. The ticket shall be intact;                                               play or prize symbol patterns. Two (2) tickets have identical play or
                                                                             prize symbol patterns if they have the same play or prize symbols in
6. The Serial Number, Retailer Validation Code and Pack-Ticket Num­
                                                                             the same positions.
ber must be present in their entirety and be fully legible;
                                                                             C. Each ticket will contain two (2) unique "WINNING NUMBERS"
7. The Serial Number must correspond, using the Texas Lottery’s
                                                                             play symbols.
codes, to the Play Symbols on the ticket;
                                                                             D. The "MASK" play symbol will never appear in the "WINNING
8. The ticket must not have a hole punched through it, be mutilated,
                                                                             NUMBERS" play symbol spots.
altered, unreadable, reconstituted or tampered with in any manner;
                                                                             E. Non-winning tickets will contain four (4) different "YOUR NUM­
9. The ticket must not be counterfeit in whole or in part;
                                                                             BERS" play symbols.
10. The ticket must have been issued by the Texas Lottery in an autho­
                                                                             F. On winning tickets, non-winning "YOUR NUMBERS" play sym­
rized manner;
                                                                             bols will all be different.
11. The ticket must not have been stolen, nor appear on any list of
                                                                             G. No ticket will ever contain more than two (2) identical non-winning
omitted tickets or non-activated tickets on file at the Texas Lottery;
                                                                             prize symbols.
12. The Play Symbols, Serial Number, Retailer Validation Code and
                                                                             H. Non-winning prize symbols will never be the same as the winning
Pack-Ticket Number must be right side up and not reversed in any man­
                                                                             prize symbol(s).
ner;
                                                                             I. The top prize symbol will appear on every ticket unless otherwise
13. The ticket must be complete and not miscut, and have exactly 10
                                                                             restricted.
(ten) Play Symbols under the latex overprint on the front portion of
the ticket, exactly one Serial Number, exactly one Retailer Validation       J. No prize amount in a non-winning spot will correspond with the
Code, and exactly one Pack-Ticket Number on the ticket;                      "YOUR NUMBERS" play symbol (i.e., 5 and $5).
14. The Serial Number of an apparent winning ticket shall correspond         2.3 Procedure for Claiming Prizes.
with the Texas Lottery’s Serial Numbers for winning tickets, and a
                                                                             A. To claim a "MARDI GRAS" Instant Game prize of $1.00, $2.00,
ticket with that Serial Number shall not have been paid previously;
                                                                             $5.00, $10.00, $20.00, $40.00 or $100, a claimant shall sign the back of
15. The ticket must not be blank or partially blank, misregistered, de­      the ticket in the space designated on the ticket and present the winning
fective or printed or produced in error;                                     ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall
                                                                             verify the claim and, if valid, and upon presentation of proper identi­
16. Each of the 10 (ten) Play Symbols must be exactly one of those
                                                                             fication, if appropriate, make payment of the amount due the claimant
described in Section 1.2.C of these Game Procedures;
                                                                             and physically void the ticket; provided that the Texas Lottery Retailer
17. Each of the 10 (ten) Play Symbols on the ticket must be printed          may, but is not required, to pay a $40.00 or $100 ticket. In the event
in the Symbol font and must correspond precisely to the artwork on           the Texas Lottery Retailer cannot verify the claim, the Texas Lottery
file at the Texas Lottery; the ticket Serial Numbers must be printed in       Retailer shall provide the claimant with a claim form and instruct the
the Serial font and must correspond precisely to the artwork on file at       claimant on how to file a claim with the Texas Lottery. If the claim
the Texas Lottery; and the Pack-Ticket Number must be printed in the         is validated by the Texas Lottery, a check shall be forwarded to the



36 TexReg 7396            October 28, 2011            Texas Register
claimant in the amount due. In the event the claim is not validated, the        D. if the claim is subject to any deduction from the payment otherwise
claim shall be denied and the claimant shall be notified promptly. A             due, as described in Section 2.3.D of these Game Procedures. No lia­
claimant may also claim any of the above prizes under the procedure             bility for interest for any delay shall accrue to the benefit of the claimant
described in Section 2.3.B and 2.3.C of these Game Procedures.                  pending payment of the claim.
B. To claim a "MARDI GRAS" Instant Game prize of $1,000, the                    2.5 Payment of Prizes to Persons Under 18. If a person under the age of
claimant must sign the winning ticket and present it at one of the Texas        18 years is entitled to a cash prize of less than $600 from the "MARDI
Lottery’s Claim Centers. If the claim is validated by the Texas Lottery,        GRAS" Instant Game, the Texas Lottery shall deliver to an adult mem­
payment will be made to the bearer of the validated winning ticket for          ber of the minor’s family or the minor’s guardian a check or warrant in
that prize upon presentation of proper identification. When paying a             the amount of the prize payable to the order of the minor.
prize of $600 or more, the Texas Lottery shall file the appropriate in­
                                                                                2.6 If a person under the age of 18 years is entitled to a cash prize of
come reporting form with the Internal Revenue Service (IRS) and shall
                                                                                $600 or more from the "MARDI GRAS" Instant Game, the Texas Lot­
withhold federal income tax at a rate set by the IRS if required. In the
                                                                                tery shall deposit the amount of the prize in a custodial bank account,
event that the claim is not validated by the Texas Lottery, the claim
                                                                                with an adult member of the minor’s family or the minor’s guardian
shall be denied and the claimant shall be notified promptly.
                                                                                serving as custodian for the minor.
C. As an alternative method of claiming a "MARDI GRAS" Instant
                                                                                2.7 Instant Ticket Claim Period. All Instant Game prizes must be
Game prize, the claimant must sign the winning ticket, thoroughly
                                                                                claimed within 180 days following the end of the Instant Game or
complete a claim form, and mail both to: Texas Lottery Commission,
                                                                                within the applicable time period for certain eligible military person­
Post Office Box 16600, Austin, Texas 78761-6600. The Texas Lottery
                                                                                nel as set forth in Texas Government Code §466.408. Any rights to a
is not responsible for tickets lost in the mail. In the event that the claim
                                                                                prize that is not claimed within that period, and in the manner speci­
is not validated by the Texas Lottery, the claim shall be denied and the
                                                                                fied in these Game Procedures and on the back of each ticket, shall be
claimant shall be notified promptly.
                                                                                forfeited.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
                                                                                2.8 Disclaimer. The number of prizes in a game is approximate based
shall deduct:
                                                                                on the number of tickets ordered. The number of actual prizes available
1. a sufficient amount from the winnings of a prize winner who has               in a game may vary based on number of tickets manufactured, testing,
been finally determined to be:                                                   distribution, sales and number of prizes claimed. An Instant Game
                                                                                ticket may continue to be sold even when all the top prizes have been
a. delinquent in the payment of a tax or other money to a state agency
                                                                                claimed.
and that delinquency is reported to the Comptroller under Government
Code §403.055;                                                                  3.0 Instant Ticket Ownership.
b. in default on a loan made under Chapter 52, Education Code; or               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
c. in default on a loan guaranteed under Chapter 57, Education Code;
                                                                                the physical possessor of said ticket. When a signature is placed on the
and
                                                                                back of the ticket in the space designated, the player whose signature
2. delinquent child support payments from the winnings of a prize               appears in that area shall be the owner of the ticket and shall be entitled
winner in the amount of the delinquency as determined by a court or a           to any prize attributable thereto. Notwithstanding any name or names
Title IV-D agency under Chapter 231, Family Code.                               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
E. If a person is indebted or owes delinquent taxes to the State, other
                                                                                space designated. If more than one name appears on the back of the
than those specified in the preceding paragraph, the winnings of a per­
                                                                                ticket, the Executive Director will require that one of those players
son shall be withheld until the debt or taxes are paid.
                                                                                whose name appears thereon be designated by such players to receive
2.4 Allowance for Delay of Payment. The Texas Lottery may delay                 payment.
payment of the prize pending a final determination by the Executive
                                                                                B. The Texas Lottery shall not be responsible for lost or stolen Instant
Director, under any of the following circumstances:
                                                                                Game tickets and shall not be required to pay on a lost or stolen Instant
A. if a dispute occurs, or it appears likely that a dispute may occur,          Game ticket.
regarding the prize;
                                                                                4.0 Number and Value of Instant Prizes. There will be approximately
B. if there is any question regarding the identity of the claimant;             11,040,000 tickets in the Instant Game No. 1384. The approximate
                                                                                number and value of prizes in the game are as follows:
C. if there is any question regarding the validity of the ticket presented
for payment; or




                                                                               IN ADDITION             October 28, 2011             36 TexReg 7397
A. The actual number of tickets in the game may be increased or de­      A. The name of Instant Game No. 1386 is "HIT $100." The play style
creased at the sole discretion of the Texas Lottery.                     is "multiple games."
5.0 End of the Instant Game. The Executive Director may, at any time,    1.1 Price of Instant Ticket.
announce a closing date (end date) for the Instant Game No. 1384
                                                                         A. Tickets for Instant Game No. 1386 shall be $2.00 per ticket.
without advance notice, at which point no further tickets in that game
may be sold. The determination of the closing date and reasons for       1.2 Definitions in Instant Game No. 1386.
closing the game will be made in accordance with the instant ticket
                                                                         A. Display Printing - That area of the instant game ticket outside of the
game closing procedures and the Instant Game Rules. See 16 TAC
                                                                         area where the Overprint and Play Symbols appear.
§401.302(j).
                                                                         B. Latex Overprint - The removable scratch-off covering over the Play
6.0 Governing Law. In purchasing an Instant Game ticket, the player
                                                                         Symbols on the front of the ticket.
agrees to comply with, and abide by, these Game Procedures for In­
stant Game No. 1384, the State Lottery Act (Texas Government Code,       C. Play Symbol - The printed data under the latex on the front of the
Chapter 466), applicable rules adopted by the Texas Lottery pursuant     ticket that is used to determine eligibility for a prize. Each Play Symbol
to the State Lottery Act and referenced in 16 TAC Chapter 401, and all   is printed in Symbol font in black ink in positive except for dual-im­
final decisions of the Executive Director.                                age games. The possible black play symbols are: $2.00, $4.00, $5.00,
TRD-201104339                                                            $10.00, $20.00, $40.00, $50.00, $100, $200, $500, $1,000, $20,000
                                                                         BILL SYMBOL and COIN SYMBOL.
Kimberly L. Kiplin
General Counsel                                                          D. Play Symbol Caption - The printed material appearing below each
Texas Lottery Commission                                                 Play Symbol which explains the Play Symbol. One caption appears
Filed: October 13, 2011                                                  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:
Instant Game Number 1386 "Hit $100"
1.0 Name and Style of Game.




36 TexReg 7398           October 28, 2011          Texas Register
E. Serial Number - A unique 14 (fourteen) digit number appearing un­          A prize winner in the "HIT $100" Instant Game is determined once the
der the latex scratch-off covering on the front of the ticket. There is a     latex on the ticket is scratched off to expose 14 (fourteen) play sym­
boxed four (4) digit Security Number placed randomly within the Se­           bols. GAME 1: Scratch the four corners of this ticket. If a player
rial Number. The remaining ten (10) digits of the Serial Number are the       reveals 3 matching prize amounts play symbols, the player wins that
Validation Number. The Serial Number is for validation purposes and           prize. GAME 2: If a player reveals 3 "BILL" play symbols in any one
cannot be used to play the game. The format will be: 00000000000000.          row, column, or diagonal line, the player wins prize in PRIZE SPOT.
                                                                              No portion of the display printing nor any extraneous matter whatso­
F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
                                                                              ever shall be usable or playable as a part of the Instant Game.
G. Mid-Tier Prize - A prize of $40.00, $50.00, $100, $200 or $500.
                                                                              2.1 Instant Ticket Validation Requirements.
H. High-Tier Prize - A prize of $1,000 or $20,000.
                                                                              A. To be a valid Instant Game ticket, all of the following requirements
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five         must be met:
(5) bar code which will include a four (4) digit game ID, the seven
                                                                              1. Exactly 14 (fourteen) Play Symbols must appear under the latex
(7) digit pack number, the three (3) digit ticket number and the ten (10)
                                                                              overprint on the front portion of the ticket;
digit Validation Number. The bar code appears on the back of the ticket.
                                                                              2. Each of the Play Symbols must have a Play Symbol Caption under­
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the
                                                                              neath, unless specified, and each Play Symbol must agree with its Play
four (4) digit game number (1386), a seven (7) digit pack number, and
                                                                              Symbol Caption;
a three (3) digit ticket number. Ticket numbers start with 001 and end
with 125 within each pack. The format will be: 1386-0000001-001.              3. Each of the Play Symbols must be present in its entirety and be fully
                                                                              legible;
K. Pack - A pack of "HIT $100" Instant Game tickets contains 125
tickets, packed in plastic shrink-wrapping and fanfolded in pages of          4. Each of the Play Symbols must be printed in black ink except for
two (2). One ticket will be folded over to expose a front and back of         dual image games;
one ticket on each pack. Please note the books will be in an A, B, C
                                                                              5. The ticket shall be intact;
and D configuration.
                                                                              6. The Serial Number, Retailer Validation Code and Pack-Ticket Num­
L. Non-Winning Ticket - A ticket which is not programmed to be a
                                                                              ber must be present in their entirety and be fully legible;
winning ticket or a ticket that does not meet all of the requirements
of these Game Procedures, the State Lottery Act (Texas Government             7. The Serial Number must correspond, using the Texas Lottery’s
Code, Chapter 466), and applicable rules adopted by the Texas Lottery         codes, to the Play Symbols on the ticket;
pursuant to the State Lottery Act and referenced in 16 TAC Chapter
                                                                              8. The ticket must not have a hole punched through it, be mutilated,
401.
                                                                              altered, unreadable, reconstituted or tampered with in any manner;
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery
                                                                              9. The ticket must not be counterfeit in whole or in part;
"HIT $100" Instant Game No. 1386 ticket.
                                                                              10. The ticket must have been issued by the Texas Lottery in an autho­
2.0 Determination of Prize Winners. The determination of prize win­
                                                                              rized manner;
ners is subject to the general ticket validation requirements set forth in
Texas Lottery Rule, §401.302, Instant Game Rules, these Game Proce­           11. The ticket must not have been stolen, nor appear on any list of
dures, and the requirements set out on the back of each instant ticket.       omitted tickets or non-activated tickets on file at the Texas Lottery;




                                                                             IN ADDITION            October 28, 2011           36 TexReg 7399
12. The Play Symbols, Serial Number, Retailer Validation Code and             H. GAME 2: There will never be three (3) symbols in a row, column,
Pack-Ticket Number must be right side up and not reversed in any man­         or diagonal except the "BILL" play symbol.
ner;
                                                                              2.3 Procedure for Claiming Prizes.
13. The ticket must be complete and not miscut, and have exactly 14
                                                                              A. To claim a "HIT $100" Instant Game prize of $2.00, $4.00, $5.00,
(fourteen) Play Symbols under the latex overprint on the front portion
                                                                              $10.00, $20.00, $40.00, $50.00, $100, $200 or $500, a claimant shall
of the ticket, exactly one Serial Number, exactly one Retailer Validation
                                                                              sign the back of the ticket in the space designated on the ticket and
Code, and exactly one Pack-Ticket Number on the ticket;
                                                                              present the winning ticket to any Texas Lottery Retailer. The Texas
14. The Serial Number of an apparent winning ticket shall correspond          Lottery Retailer shall verify the claim and, if valid, and upon presen­
with the Texas Lottery’s Serial Numbers for winning tickets, and a            tation of proper identification, if appropriate, make payment of the
ticket with that Serial Number shall not have been paid previously;           amount due the claimant and physically void the ticket; provided that
                                                                              the Texas Lottery Retailer may, but is not required, to pay a $40.00,
15. The ticket must not be blank or partially blank, misregistered, de­
                                                                              $50.00, $100, $200 or $500 ticket. In the event the Texas Lottery Re­
fective or printed or produced in error;
                                                                              tailer cannot verify the claim, the Texas Lottery Retailer shall provide
16. Each of the 14 (fourteen) Play Symbols must be exactly one of             the claimant with a claim form and instruct the claimant on how to file
those described in Section 1.2.C of these Game Procedures;                    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.
17. Each of the 14 (fourteen) Play Symbols on the ticket must be
                                                                              In the event the claim is not validated, the claim shall be denied and the
printed in the Symbol font and must correspond precisely to the artwork
                                                                              claimant shall be notified promptly. A claimant may also claim any of
on file at the Texas Lottery; the ticket Serial Numbers must be printed
                                                                              the above prizes under the procedure described in Sections 2.3.B and
in the Serial font and must correspond precisely to the artwork on file
                                                                              2.3.C of these Game Procedures.
at the Texas Lottery; and the Pack-Ticket Number must be printed in
the Pack-Ticket Number font and must correspond precisely to the art­         B. To claim a "HIT $100" Instant Game prize of $1,000 or $20,000, the
work on file at the Texas Lottery;                                             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,
18. The display printing on the ticket must be regular in every respect
                                                                              payment will be made to the bearer of the validated winning ticket
and correspond precisely to the artwork on file at the Texas Lottery;
                                                                              for that prize upon presentation of proper identification. When paying
and
                                                                              a prize of $600 or more, the Texas Lottery shall file the appropriate
19. The ticket must have been received by the Texas Lottery by appli­         income reporting form with the Internal Revenue Service (IRS) and
cable deadlines.                                                              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
B. The ticket must pass all additional validation tests provided for in
                                                                              shall be denied and the claimant shall be notified promptly.
these Game Procedures, the Texas Lottery’s Rules governing the award
of prizes of the amount to be validated, and any confidential validation       C. As an alternative method of claiming a "HIT $100" Instant Game
and security tests of the Texas Lottery.                                      prize, the claimant must sign the winning ticket, thoroughly complete
                                                                              a claim form, and mail both to: Texas Lottery Commission, Post Of­
C. Any Instant Game ticket not passing all of the validation require­
                                                                              fice Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not
ments is void and ineligible for any prize and shall not be paid. How­
                                                                              responsible for tickets lost in the mail. In the event that the claim is
ever, the Executive Director may, solely at the Executive Director’s
                                                                              not validated by the Texas Lottery, the claim shall be denied and the
discretion, refund the retail sales price of the ticket. In the event a de­
                                                                              claimant shall be notified promptly.
fective ticket is purchased, the only responsibility or liability of the
Texas Lottery shall be to replace the defective ticket with another un­       D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
played ticket in that Instant Game (or a ticket of equivalent sales price     shall deduct:
from any other current Instant Lottery game) or refund the retail sales
                                                                              1. a sufficient amount from the winnings of a prize winner who has
price of the ticket, solely at the Executive Director’s discretion.
                                                                              been finally determined to be:
2.2 Programmed Game Parameters.
                                                                              a. delinquent in the payment of a tax or other money to a state agency
A. Players can win up to two (2) times on a ticket in accordance with         and that delinquency is reported to the Comptroller under Texas Gov­
the approved prize structure.                                                 ernment Code, §403.055;
B. Adjacent non-winning tickets within a pack will not have identical         b. in default on a loan made under Chapter 52, Education Code; or
play and prize symbol patterns. Two (2) tickets have identical play and
                                                                              c. in default on a loan guaranteed under Chapter 57, Education Code;
prize symbol patterns if they have the same play/prize symbols in the
                                                                              and
same positions.
                                                                              2. delinquent child support payments from the winnings of a prize
C. GAME 1: Non-winning games will never contain more than two (2)
                                                                              winner in the amount of the delinquency as determined by a court or a
identical prize symbols.
                                                                              Title IV-D agency under Chapter 231, Family Code.
D. GAME 1: Winning games will never contain more than three (3)
                                                                              E. If a person is indebted or owes delinquent taxes to the State, other
identical prize symbols.
                                                                              than those specified in the preceding paragraph, the winnings of a per­
E. GAME 1: Non-winning games will never contain two (2) identical             son shall be withheld until the debt or taxes are paid.
prize symbols in Game 1 that match the prize symbol in Game 2.
                                                                              2.4 Allowance for Delay of Payment. The Texas Lottery may delay
F. GAME 2: Non-winning games will contain two (2) "BILL" play                 payment of the prize pending a final determination by the Executive
symbols in at least one (1) row, column or diagonal.                          Director, under any of the following circumstances:
G. GAME 2: Non-winning games will contain at least four (4) "BILL"            A. if a dispute occurs, or it appears likely that a dispute may occur,
play symbols, at least one (1) of which is in the top horizontal row.         regarding the prize;



36 TexReg 7400             October 28, 2011            Texas Register
B. if there is any question regarding the identity of the claimant;             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
C. if there is any question regarding the validity of the ticket presented
                                                                                in a game may vary based on number of tickets manufactured, testing,
for payment; or
                                                                                distribution, sales and number of prizes claimed. An Instant Game
D. if the claim is subject to any deduction from the payment otherwise          ticket may continue to be sold even when all the top prizes have been
due, as described in Section 2.3.D of these Game Procedures. No lia­            claimed.
bility for interest for any delay shall accrue to the benefit of the claimant
                                                                                3.0 Instant Ticket Ownership.
pending payment of the claim.
                                                                                A. Until such time as a signature is placed upon the back portion of an
2.5 Payment of Prizes to Persons Under 18. If a person under the age
                                                                                Instant Game ticket in the space designated, a ticket shall be owned by
of 18 years is entitled to a cash prize of less than $600 from the "HIT
                                                                                the physical possessor of said ticket. When a signature is placed on the
$100" Instant Game, the Texas Lottery shall deliver to an adult member
                                                                                back of the ticket in the space designated, the player whose signature
of the minor’s family or the minor’s guardian a check or warrant in the
                                                                                appears in that area shall be the owner of the ticket and shall be entitled
amount of the prize payable to the order of the minor.
                                                                                to any prize attributable thereto. Notwithstanding any name or names
2.6 If a person under the age of 18 years is entitled to a cash prize of        submitted on a claim form, the Executive Director shall make payment
$600 or more from the "HIT $100" Instant Game, the Texas Lottery                to the player whose signature appears on the back of the ticket in the
shall deposit the amount of the prize in a custodial bank account, with         space designated. If more than one name appears on the back of the
an adult member of the minor’s family or the minor’s guardian serving           ticket, the Executive Director will require that one of those players
as custodian for the minor.                                                     whose name appears thereon be designated by such players to receive
                                                                                payment.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be
claimed within 180 days following the end of the Instant Game or                B. The Texas Lottery shall not be responsible for lost or stolen Instant
within the applicable time period for certain eligible military person­         Game tickets and shall not be required to pay on a lost or stolen Instant
nel as set forth in Texas Government Code, §466.408. Any rights to a            Game ticket.
prize that is not claimed within that period, and in the manner speci­
                                                                                4.0 Number and Value of Instant Prizes. There will be approximately
fied in these Game Procedures and on the back of each ticket, shall be
                                                                                6,000,000 tickets in the Instant Game No. 1386. The approximate
forfeited.
                                                                                number and value of prizes in the game are as follows:




A. The actual number of tickets in the game may be increased or de-	            without advance notice, at which point no further tickets in that game
creased at the sole discretion of the Texas Lottery.	                           may be sold. The determination of the closing date and reasons for
                                                                                closing will be made in accordance with the instant ticket game closing
5.0 End of the Instant Game. The Executive Director may, at any time,
                                                                                procedures and the Instant Game Rules. See 16 TAC §401.302(j).
announce a closing date (end date) for the Instant Game No. 1386



                                                                               IN ADDITION            October 28, 2011             36 TexReg 7401
6.0 Governing Law. In purchasing an Instant Game ticket, the player      1.2 Definitions in Instant Game No. 1390.
agrees to comply with, and abide by, these Game Procedures for In­
                                                                         A. Display Printing - That area of the instant game ticket outside of the
stant Game No. 1386, the State Lottery Act (Texas Government Code,
                                                                         area where the Overprint and Play Symbols appear.
Chapter 466), applicable rules adopted by the Texas Lottery pursuant
to the State Lottery Act and referenced in 16 TAC Chapter 401, and all   B. Latex Overprint - The removable scratch-off covering over the Play
final decisions of the Executive Director.                                Symbols on the front of the ticket.
TRD-201104309                                                            C. Play Symbol - The printed data under the latex on the front of the
Kimberly L. Kiplin                                                       ticket that is used to determine eligibility for a prize. Each Play Symbol
General Counsel                                                          is printed in Symbol font in black ink in positive except for dual-image
Texas Lottery Commission                                                 games. The possible black play symbols are: NO BONUS SYMBOL,
Filed: October 12, 2011                                                  TRY AGAIN SYMBOL, TRIPLE IT SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8,
                                                                         9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, $1.00, $2.00, $3.00, $5.00,
                      ♦           ♦           ♦                          $10.00, $15.00, $20.00, $30.00, $100, $1,000 and $3,000.
Instant Game Number 1390 "Triple It"                                     D. Play Symbol Caption - The printed material appearing below each
                                                                         Play Symbol which explains the Play Symbol. One caption appears
1.0 Name and Style of Game.
                                                                         under each Play Symbol and is printed in caption font in black ink
A. The name of Instant Game No. 1390 is "TRIPLE IT." The play style      in positive. The Play Symbol Caption which corresponds with and
is "key number match with tripler."                                      verifies each Play Symbol is as follows:
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1390 shall be $1.00 per ticket.




36 TexReg 7402            October 28, 2011         Texas Register
E. Serial Number - A unique 14 (fourteen) digit number appearing un­         I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five
der the latex scratch-off covering on the front of the ticket. There is a    (5) bar code which will include a four (4) digit game ID, the seven
boxed four (4) digit Security Number placed randomly within the Se­          (7) digit pack number, the three (3) digit ticket number and the ten (10)
rial Number. The remaining ten (10) digits of the Serial Number are the      digit Validation Number. The bar code appears on the back of the ticket.
Validation Number. The Serial Number is for validation purposes and
                                                                             J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the
cannot be used to play the game. The format will be: 00000000000000.
                                                                             four (4) digit game number (1390), a seven (7) digit pack number, and
F. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $10.00 or         a three (3) digit ticket number. Ticket numbers start with 001 and end
$15.00.                                                                      with 150 within each pack. The format will be: 1390-0000001-001.
G. Mid-Tier Prize - A prize of $30.00, $45.00 or $100.                       K. Pack - A pack of "TRIPLE IT" Instant Game tickets contains 150
                                                                             tickets, packed in plastic shrink-wrapping and fanfolded in pages of
H. High-Tier Prize - A prize of $1,000 or $3,000.
                                                                             five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010




                                                                            IN ADDITION            October 28, 2011            36 TexReg 7403
on the next page; etc.; and tickets 146 to 150 will be on the last page      14. The Serial Number of an apparent winning ticket shall correspond
with backs exposed. Ticket 001 will be folded over so the front of ticket    with the Texas Lottery’s Serial Numbers for winning tickets, and a
001 and 010 will be exposed.                                                 ticket with that Serial Number shall not have been paid previously;
L. Non-Winning Ticket - A ticket which is not programmed to be a             15. The ticket must not be blank or partially blank, misregistered, de­
winning ticket or a ticket that does not meet all of the requirements        fective or printed or produced in error;
of these Game Procedures, the State Lottery Act (Texas Government
                                                                             16. Each of the 13 (thirteen) Play Symbols must be exactly one of those
Code, Chapter 466), and applicable rules adopted by the Texas Lottery
                                                                             described in Section 1.2.C of these Game Procedures;
pursuant to the State Lottery Act and referenced in 16 TAC Chapter
401.                                                                         17. Each of the 13 (thirteen) Play Symbols on the ticket must be printed
                                                                             in the Symbol font and must correspond precisely to the artwork on
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery
                                                                             file at the Texas Lottery; the ticket Serial Numbers must be printed in
"TRIPLE IT" Instant Game No. 1390 ticket.
                                                                             the Serial font and must correspond precisely to the artwork on file at
2.0 Determination of Prize Winners. The determination of prize win­          the Texas Lottery; and the Pack-Ticket Number must be printed in the
ners is subject to the general ticket validation requirements set forth in   Pack-Ticket Number font and must correspond precisely to the artwork
Texas Lottery Rule, §401.302, Instant Game Rules, these Game Proce­          on file at the Texas Lottery;
dures, and the requirements set out on the back of each instant ticket. A
                                                                             18. The display printing on the ticket must be regular in every respect
prize winner in the "TRIPLE IT" Instant Game is determined once the
                                                                             and correspond precisely to the artwork on file at the Texas Lottery;
latex on the ticket is scratched off to expose 13 (thirteen) play symbols.
                                                                             and
If a player matches any of YOUR NUMBERS play symbols to either
of the WINNING NUMBERS play symbols, the player wins the prize               19. The ticket must have been received by the Texas Lottery by appli­
for that number. If the player reveals a "TRIPLE IT" play symbol in          cable deadlines.
the "BONUS SPOT", the player wins TRIPLE the prize. No portion
                                                                             B. The ticket must pass all additional validation tests provided for in
of the display printing nor any extraneous matter whatsoever shall be
                                                                             these Game Procedures, the Texas Lottery’s Rules governing the award
usable or playable as a part of the Instant Game.
                                                                             of prizes of the amount to be validated, and any confidential validation
2.1 Instant Ticket Validation Requirements.                                  and security tests of the Texas Lottery.
A. To be a valid Instant Game ticket, all of the following requirements      C. Any Instant Game ticket not passing all of the validation require­
must be met:                                                                 ments is void and ineligible for any prize and shall not be paid. How­
                                                                             ever, the Executive Director may, solely at the Executive Director’s
1. Exactly 13 (thirteen) Play Symbols must appear under the latex
                                                                             discretion, refund the retail sales price of the ticket. In the event a de­
overprint on the front portion of the ticket;
                                                                             fective ticket is purchased, the only responsibility or liability of the
2. Each of the Play Symbols must have a Play Symbol Caption under­           Texas Lottery shall be to replace the defective ticket with another un­
neath, unless specified, and each Play Symbol must agree with its Play        played ticket in that Instant Game (or a ticket of equivalent sales price
Symbol Caption;                                                              from any other current Instant Lottery game) or refund the retail sales
                                                                             price of the ticket, solely at the Executive Director’s discretion.
3. Each of the Play Symbols must be present in its entirety and be fully
legible;                                                                     2.2 Programmed Game Parameters.
4. Each of the Play Symbols must be printed in black ink except for          A. Players can win up to five (5) times on a ticket in accordance with
dual image games;                                                            the approved prize structure.
5. The ticket shall be intact;                                               B. Adjacent non-winning tickets within a pack will not have identical
                                                                             play or prize symbol patterns. Two (2) tickets have identical play or
6. The Serial Number, Retailer Validation Code and Pack-Ticket Num­
                                                                             prize symbol patterns if they have the same play or prize symbols in
ber must be present in their entirety and be fully legible;
                                                                             the same positions.
7. The Serial Number must correspond, using the Texas Lottery’s
                                                                             C. Each ticket will contain two (2) different "WINNING NUMBERS"
codes, to the Play Symbols on the ticket;
                                                                             play symbols.
8. The ticket must not have a hole punched through it, be mutilated,
                                                                             D. Non-winning tickets will contain five (5) different "YOUR NUM­
altered, unreadable, reconstituted or tampered with in any manner;
                                                                             BERS" play symbols.
9. The ticket must not be counterfeit in whole or in part;
                                                                             E. On winning tickets, non-winning "YOUR NUMBERS" play sym­
10. The ticket must have been issued by the Texas Lottery in an autho­       bols will all be different.
rized manner;
                                                                             F. No ticket will ever contain more than two (2) identical non-winning
11. The ticket must not have been stolen, nor appear on any list of          prize symbols.
omitted tickets or non-activated tickets on file at the Texas Lottery;
                                                                             G. Non-winning prize symbols will never be the same as the winning
12. The Play Symbols, Serial Number, Retailer Validation Code and            prize symbol(s).
Pack-Ticket Number must be right side up and not reversed in any man­
                                                                             H. The top prize symbol will appear on every ticket unless otherwise
ner;
                                                                             restricted.
13. The ticket must be complete and not miscut, and have exactly 13
                                                                             I. BONUS SPOT: No prize amount in a non-winning spot will corre­
(thirteen) Play Symbols under the latex overprint on the front portion of
                                                                             spond with the "YOUR NUMBERS" play symbol (i.e., 5 and $5).
the ticket, exactly one Serial Number, exactly one Retailer Validation
Code, and exactly one Pack-Ticket Number on the ticket;                      J. BONUS SPOT: The "TRIPLE IT" play symbol will appear as dic­
                                                                             tated by the prize structure.




36 TexReg 7404            October 28, 2011            Texas Register
2.3 Procedure for Claiming Prizes.                                            A. if a dispute occurs, or it appears likely that a dispute may occur,
                                                                              regarding the prize;
A. To claim a "TRIPLE IT" Instant Game prize of $1.00, $2.00, $3.00,
$5.00, $10.00, $15.00, $30.00, $45.00 or $100, a claimant shall sign          B. if there is any question regarding the identity of the claimant;
the back of the ticket in the space designated on the ticket and present
                                                                              C. if there is any question regarding the validity of the ticket presented
the winning ticket to any Texas Lottery Retailer. The Texas Lottery
                                                                              for payment; or
Retailer shall verify the claim and, if valid, and upon presentation of
proper identification, if appropriate, make payment of the amount due          D. if the claim is subject to any deduction from the payment otherwise
the claimant and physically void the ticket; provided that the Texas Lot­     due, as described in Section 2.3.D of these Game Procedures. No lia­
tery Retailer may, but is not required, to pay a $30.00, $45.00 or $100       bility for interest for any delay shall accrue to the benefit of the claimant
ticket. In the event the Texas Lottery Retailer cannot verify the claim,      pending payment of the claim.
the Texas Lottery Retailer shall provide the claimant with a claim form
                                                                              2.5 Payment of Prizes to Persons Under 18. If a person under the age of
and instruct the claimant on how to file a claim with the Texas Lottery.
                                                                              18 years is entitled to a cash prize of less than $600 from the "TRIPLE
If the claim is validated by the Texas Lottery, a check shall be for­
                                                                              IT" Instant Game, the Texas Lottery shall deliver to an adult member
warded to the claimant in the amount due. In the event the claim is not
                                                                              of the minor’s family or the minor’s guardian a check or warrant in the
validated, the claim shall be denied and the claimant shall be notified
                                                                              amount of the prize payable to the order of the minor.
promptly. A claimant may also claim any of the above prizes under the
procedure described in Sections 2.3.B and 2.3.C of these Game Proce­          2.6 If a person under the age of 18 years is entitled to a cash prize of
dures.                                                                        $600 or more from the "TRIPLE IT" Instant Game, the Texas Lottery
                                                                              shall deposit the amount of the prize in a custodial bank account, with
B. To claim a "TRIPLE IT" Instant Game prize of $1,000 or $3,000, the
                                                                              an adult member of the minor’s family or the minor’s guardian serving
claimant must sign the winning ticket and present it at one of the Texas
                                                                              as custodian for the minor.
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            2.7 Instant Ticket Claim Period. All Instant Game prizes must be
for that prize upon presentation of proper identification. When paying         claimed within 180 days following the end of the Instant Game or
a prize of $600 or more, the Texas Lottery shall file the appropriate          within the applicable time period for certain eligible military person­
income reporting form with the Internal Revenue Service (IRS) and             nel as set forth in Texas Government Code, §466.408. Any rights to a
shall withhold federal income tax at a rate set by the IRS if required. In    prize that is not claimed within that period, and in the manner speci­
the event that the claim is not validated by the Texas Lottery, the claim     fied in these Game Procedures and on the back of each ticket, shall be
shall be denied and the claimant shall be notified promptly.                   forfeited.
C. As an alternative method of claiming a "TRIPLE IT" Instant Game            2.8 Disclaimer. The number of prizes in a game is approximate based
prize, the claimant must sign the winning ticket, thoroughly complete         on the number of tickets ordered. The number of actual prizes available
a claim form, and mail both to: Texas Lottery Commission, Post Of­            in a game may vary based on number of tickets manufactured, testing,
fice Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not             distribution, sales and number of prizes claimed. An Instant Game
responsible for tickets lost in the mail. In the event that the claim is      ticket may continue to be sold even when all the top prizes have been
not validated by the Texas Lottery, the claim shall be denied and the         claimed.
claimant shall be notified promptly.
                                                                              3.0 Instant Ticket Ownership.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
                                                                              A. Until such time as a signature is placed upon the back portion of an
shall deduct:
                                                                              Instant Game ticket in the space designated, a ticket shall be owned by
1. a sufficient amount from the winnings of a prize winner who has             the physical possessor of said ticket. When a signature is placed on the
been finally determined to be:                                                 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
a. delinquent in the payment of a tax or other money to a state agency
                                                                              to any prize attributable thereto. Notwithstanding any name or names
and that delinquency is reported to the Comptroller under Texas Gov­
                                                                              submitted on a claim form, the Executive Director shall make payment
ernment Code, §403.055;
                                                                              to the player whose signature appears on the back of the ticket in the
b. in default on a loan made under Chapter 52, Education Code; or             space designated. If more than one name appears on the back of the
                                                                              ticket, the Executive Director will require that one of those players
c. in default on a loan guaranteed under Chapter 57, Education Code;
                                                                              whose name appears thereon be designated by such players to receive
and
                                                                              payment.
2. delinquent child support payments from the winnings of a prize
                                                                              B. The Texas Lottery shall not be responsible for lost or stolen Instant
winner in the amount of the delinquency as determined by a court or a
                                                                              Game tickets and shall not be required to pay on a lost or stolen Instant
Title IV-D agency under Chapter 231, Family Code.
                                                                              Game ticket.
E. If a person is indebted or owes delinquent taxes to the State, other
                                                                              4.0 Number and Value of Instant Prizes. There will be approximately
than those specified in the preceding paragraph, the winnings of a per­
                                                                              10,080,000 tickets in the Instant Game No. 1390. The approximate
son shall be withheld until the debt or taxes are paid.
                                                                              number and value of prizes in the game are as follows:
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:




                                                                             IN ADDITION             October 28, 2011             36 TexReg 7405
A. The actual number of tickets in the game may be increased or de­      1.1 Price of Instant Ticket.
creased at the sole discretion of the Texas Lottery.
                                                                         A. Tickets for Instant Game No. 1392 shall be $5.00 per ticket.
5.0 End of the Instant Game. The Executive Director may, at any time,
                                                                         1.2 Definitions in Instant Game No. 1392.
announce a closing date (end date) for the Instant Game No. 1390
without advance notice, at which point no further tickets in that game   A. Display Printing - That area of the instant game ticket outside of the
may be sold. The determination of the closing date and reasons for       area where the Overprint and Play Symbols appear.
closing the game will be made in accordance with the instant ticket
                                                                         B. Latex Overprint - The removable scratch-off covering over the Play
game closing procedures and the Instant Game Rules. See 16 TAC
                                                                         Symbols on the front of the ticket.
§401.302(j).
                                                                         C. Play Symbol - The printed data under the latex on the front of the
6.0 Governing Law. In purchasing an Instant Game ticket, the player
                                                                         ticket that is used to determine eligibility for a prize. Each Play Symbol
agrees to comply with, and abide by, these Game Procedures for In­
                                                                         is printed in Symbol font in black ink in positive except for dual-image
stant Game No. 1390, the State Lottery Act (Texas Government Code,
                                                                         games. The possible black play symbols are: MATCH STICK SYM­
Chapter 466), applicable rules adopted by the Texas Lottery pursuant
                                                                         BOL, SUN SYMBOL, FLAME SYMBOL, VOLCANO SYMBOL,
to the State Lottery Act and referenced in 16 TAC Chapter 401, and all
                                                                         HOT PEPPER SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
final decisions of the Executive Director.
                                                                         15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33,
TRD-201104311                                                            34, 35, 36, 37, 38, 39, 40, MONEY BAG SYMBOL, $5.00, $10.00,
Kimberly L. Kiplin                                                       $15.00, $20.00, $40.00, $50.00, $100, $500, $2,000, and $50,000.
General Counsel
                                                                         D. Play Symbol Caption - The printed material appearing below each
Texas Lottery Commission                                                 Play Symbol which explains the Play Symbol. One caption appears
Filed: October 12, 2011                                                  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:
Instant Game Number 1392 "Spicy Hot 5’s"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1392 is "SPICY HOT 5’S." The play
style is "key number match with doubler."




36 TexReg 7406           October 28, 2011          Texas Register
IN ADDITION   October 28, 2011   36 TexReg 7407
E. Serial Number - A unique 14 (fourteen) digit number appearing un­         2.1 Instant Ticket Validation Requirements.
der the latex scratch-off covering on the front of the ticket. There is a
                                                                             A. To be a valid Instant Game ticket, all of the following requirements
boxed four (4) digit Security Number placed randomly within the Se­
                                                                             must be met:
rial Number. The remaining ten (10) digits of the Serial Number are the
Validation Number. The Serial Number is for validation purposes and          1. Exactly 45 (forty-five) Play Symbols must appear under the latex
cannot be used to play the game. The format will be: 00000000000000.         overprint on the front portion of the ticket;
F. Low-Tier Prize - A prize of $5.00, $10.00 or $20.00.                      2. Each of the Play Symbols must have a Play Symbol Caption under­
                                                                             neath, unless specified, and each Play Symbol must agree with its Play
G. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $500.
                                                                             Symbol Caption;
H. High-Tier Prize - A prize of $2,000 or $50,000.
                                                                             3. Each of the Play Symbols must be present in its entirety and be fully
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five        legible;
(5) bar code which will include a four (4) digit game ID, the seven
                                                                             4. Each of the Play Symbols must be printed in black ink except for
(7) digit pack number, the three (3) digit ticket number and the ten (10)
                                                                             dual image games;
digit Validation Number. The bar code appears on the back of the ticket.
                                                                             5. The ticket shall be intact;
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the
four (4) digit game number (1392), a seven (7) digit pack number, and        6. The Serial Number, Retailer Validation Code and Pack-Ticket Num­
a three (3) digit ticket number. Ticket numbers start with 001 and end       ber must be present in their entirety and be fully legible;
with 075 within each pack. The format will be: 1392-0000001-001.
                                                                             7. The Serial Number must correspond, using the Texas Lottery’s
K. Pack - A pack of "SPICY HOT 5’S" Instant Game tickets contains            codes, to the Play Symbols on the ticket;
075 tickets, packed in plastic shrink-wrapping and fanfolded in pages
                                                                             8. The ticket must not have a hole punched through it, be mutilated,
of one (1). The packs will alternate. One will show the front of ticket
                                                                             altered, unreadable, reconstituted or tampered with in any manner;
001 and back of 075 while the other fold will show the back of ticket
001 and front of 075.                                                        9. The ticket must not be counterfeit in whole or in part;
L. Non-Winning Ticket - A ticket which is not programmed to be a             10. The ticket must have been issued by the Texas Lottery in an autho­
winning ticket or a ticket that does not meet all of the requirements        rized manner;
of these Game Procedures, the State Lottery Act (Texas Government
                                                                             11. The ticket must not have been stolen, nor appear on any list of
Code, Chapter 466), and applicable rules adopted by the Texas Lottery
                                                                             omitted tickets or non-activated tickets on file at the Texas Lottery;
pursuant to the State Lottery Act and referenced in 16 TAC Chapter
401.                                                                         12. The Play Symbols, Serial Number, Retailer Validation Code and
                                                                             Pack-Ticket Number must be right side up and not reversed in any man­
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery
                                                                             ner;
"SPICY HOT 5’S" Instant Game No. 1392 ticket.
                                                                             13. The ticket must be complete and not miscut, and have exactly 45
2.0 Determination of Prize Winners. The determination of prize win­
                                                                             (forty-five) Play Symbols under the latex overprint on the front portion
ners is subject to the general ticket validation requirements set forth in
                                                                             of the ticket, exactly one Serial Number, exactly one Retailer Validation
Texas Lottery Rule, §401.302, Instant Game Rules, these Game Proce­
                                                                             Code, and exactly one Pack-Ticket Number on the ticket;
dures, and the requirements set out on the back of each instant ticket.
A prize winner in the "SPICY HOT 5’S" Instant Game is determined             14. The Serial Number of an apparent winning ticket shall correspond
once the latex on the ticket is scratched off to expose 45 (forty-five)       with the Texas Lottery’s Serial Numbers for winning tickets, and a
play symbols. SPICY HOT BONUS: If a player reveals a Hot Pepper              ticket with that Serial Number shall not have been paid previously;
play symbol, the player wins $25 instantly! If a player matches any of
                                                                             15. The ticket must not be blank or partially blank, misregistered, de­
YOUR HOT NUMBERS play symbols to any of the HOT WINNING
                                                                             fective or printed or produced in error;
NUMBERS play symbols, the player wins the prize for that number. If
a player reveals a MONEY BAG play symbol, the player wins DOU­               16. Each of the 45 (forty-five) Play Symbols must be exactly one of
BLE the prize for that symbol. No portion of the display printing nor        those described in Section 1.2.C of these Game Procedures;
any extraneous matter whatsoever shall be usable or playable as a part
                                                                             17. Each of the 45 (forty-five) Play Symbols on the ticket must be
of the Instant Game.
                                                                             printed in the Symbol font and must correspond precisely to the artwork



36 TexReg 7408            October 28, 2011            Texas Register
on file at the Texas Lottery; the ticket Serial Numbers must be printed         2.3 Procedure for Claiming Prizes.
in the Serial font and must correspond precisely to the artwork on file at
                                                                               A. To claim a "SPICY HOT 5’S" Instant Game prize of $5.00, $10.00,
the Texas Lottery; and the Pack-Ticket Number must be printed in the
                                                                               $20.00, $25.00, $50.00, $100 or $500, a claimant shall sign the back of
Pack-Ticket Number font and must correspond precisely to the artwork
                                                                               the ticket in the space designated on the ticket and present the winning
on file at the Texas Lottery;
                                                                               ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall
18. The display printing on the ticket must be regular in every respect        verify the claim and, if valid, and upon presentation of proper identi­
and correspond precisely to the artwork on file at the Texas Lottery;           fication, if appropriate, make payment of the amount due the claimant
and                                                                            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 $500 ticket.
19. The ticket must have been received by the Texas Lottery by appli­
                                                                               In the event the Texas Lottery Retailer cannot verify the claim, the
cable deadlines.
                                                                               Texas Lottery Retailer shall provide the claimant with a claim form and
B. The ticket must pass all additional validation tests provided for in        instruct the claimant on how to file a claim with the Texas Lottery. If the
these Game Procedures, the Texas Lottery’s Rules governing the award           claim is validated by the Texas Lottery, a check shall be forwarded to
of prizes of the amount to be validated, and any confidential validation        the claimant in the amount due. In the event the claim is not validated,
and security tests of the Texas Lottery.                                       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
C. Any Instant Game ticket not passing all of the validation require­
                                                                               described in Sections 2.3.B and 2.3.C of these Game Procedures.
ments is void and ineligible for any prize and shall not be paid. How­
ever, the Executive Director may, solely at the Executive Director’s           B. To claim a "SPICY HOT 5’S" Instant Game prize of $2,000 or
discretion, refund the retail sales price of the ticket. In the event a de­    $50,000, the claimant must sign the winning ticket and present it at
fective ticket is purchased, the only responsibility or liability of the       one of the Texas Lottery’s Claim Centers. If the claim is validated by
Texas Lottery shall be to replace the defective ticket with another un­        the Texas Lottery, payment will be made to the bearer of the validated
played ticket in that Instant Game (or a ticket of equivalent sales price      winning ticket for that prize upon presentation of proper identification.
from any other current Instant Lottery game) or refund the retail sales        When paying a prize of $600 or more, the Texas Lottery shall file the
price of the ticket, solely at the Executive Director’s discretion.            appropriate income reporting form with the Internal Revenue Service
                                                                               (IRS) and shall withhold federal income tax at a rate set by the IRS if re­
2.2 Programmed Game Parameters.
                                                                               quired. In the event that the claim is not validated by the Texas Lottery,
A. Players can win up to twenty-one (21) times on a ticket in accordance       the claim shall be denied and the claimant shall be notified promptly.
with the approved prize structure.
                                                                               C. As an alternative method of claiming a "SPICY HOT 5’S" Instant
B. Adjacent non-winning tickets within a pack will not have identical          Game prize, the claimant must sign the winning ticket, thoroughly
play or prize symbol patterns. Two (2) tickets have identical play or          complete a claim form, and mail both to: Texas Lottery Commission,
prize symbol patterns if they have the same play or prize symbols in           Post Office Box 16600, Austin, Texas 78761-6600. The Texas Lottery
the same positions.                                                            is not responsible for tickets lost in the mail. In the event that the claim
                                                                               is not validated by the Texas Lottery, the claim shall be denied and the
C. Each ticket will have four (4) different "HOT WINNING NUM­
                                                                               claimant shall be notified promptly.
BERS" play symbols.
                                                                               D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
D. Non-winning tickets will contain all different "YOUR HOT NUM­
                                                                               shall deduct:
BERS" play symbols.
                                                                               1. a sufficient amount from the winnings of a prize winner who has
E. On winning tickets, non-winning "YOUR HOT NUMBERS" play
                                                                               been finally determined to be:
symbols will all be different.
                                                                               a. delinquent in the payment of a tax or other money to a state agency
F. Non-winning tickets will never contain more than three (3) identical
                                                                               and that delinquency is reported to the Comptroller under Texas Gov­
prize symbols.
                                                                               ernment Code, §403.055;
G. On winning tickets, non-winning prize symbols will never appear
                                                                               b. in default on a loan made under Chapter 52, Education Code; or
more than three (3) times.
                                                                               c. in default on a loan guaranteed under Chapter 57, Education Code;
H. The "MONEY BAG" symbol will never appear in the "HOT WIN­
                                                                               and
NING NUMBERS" play symbol spots.
                                                                               2. delinquent child support payments from the winnings of a prize
I. The "MONEY BAG" play symbol will only appear as dictated by the
                                                                               winner in the amount of the delinquency as determined by a court or a
prize structure.
                                                                               Title IV-D agency under Chapter 231, Family Code.
J. Non-winning prize symbols will never be the same as the winning
                                                                               E. If a person is indebted or owes delinquent taxes to the State, other
prize symbol(s).
                                                                               than those specified in the preceding paragraph, the winnings of a per­
K. The top prize symbol ($50,000) will appear on every ticket unless           son shall be withheld until the debt or taxes are paid.
otherwise restricted.
                                                                               2.4 Allowance for Delay of Payment. The Texas Lottery may delay
L. No prize symbol in a non-winning spot will correspond with the              payment of the prize pending a final determination by the Executive
"YOUR NUMBERS" play symbol (i.e., 5 and $5).                                   Director, under any of the following circumstances:
M. Bonus Spot: The "PEPPER" play symbol will only be used as dic­              A. if a dispute occurs, or it appears likely that a dispute may occur,
tated by the prize structure.                                                  regarding the prize;
N. Bonus Spot: BONUS play symbols will not appear in the main play             B. if there is any question regarding the identity of the claimant;
area.




                                                                              IN ADDITION             October 28, 2011             36 TexReg 7409
C. if there is any question regarding the validity of the ticket presented     in a game may vary based on number of tickets manufactured, testing,
for payment; or                                                                distribution, sales and number of prizes claimed. An Instant Game
                                                                               ticket may continue to be sold even when all the top prizes have been
D. if the claim is subject to any deduction from the payment otherwise
                                                                               claimed.
due, as described in Section 2.3.D of these Game Procedures. No lia­
bility for interest for any delay shall accrue to the benefit of the claimant   3.0 Instant Ticket Ownership.
pending payment of the claim.
                                                                               A. Until such time as a signature is placed upon the back portion of an
2.5 Payment of Prizes to Persons Under 18. If a person under the age of        Instant Game ticket in the space designated, a ticket shall be owned by
18 years is entitled to a cash prize of less than $600 from the "SPICY         the physical possessor of said ticket. When a signature is placed on the
HOT 5’S" Instant Game, the Texas Lottery shall deliver to an adult             back of the ticket in the space designated, the player whose signature
member of the minor’s family or the minor’s guardian a check or war­           appears in that area shall be the owner of the ticket and shall be entitled
rant in the amount of the prize payable to the order of the minor.             to any prize attributable thereto. Notwithstanding any name or names
                                                                               submitted on a claim form, the Executive Director shall make payment
2.6 If a person under the age of 18 years is entitled to a cash prize of
                                                                               to the player whose signature appears on the back of the ticket in the
$600 or more from the "SPICY HOT 5’S" Instant Game, the Texas Lot­
                                                                               space designated. If more than one name appears on the back of the
tery shall deposit the amount of the prize in a custodial bank account,
                                                                               ticket, the Executive Director will require that one of those players
with an adult member of the minor’s family or the minor’s guardian
                                                                               whose name appears thereon be designated by such players to receive
serving as custodian for the minor.
                                                                               payment.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be
                                                                               B. The Texas Lottery shall not be responsible for lost or stolen Instant
claimed within 180 days following the end of the Instant Game or
                                                                               Game tickets and shall not be required to pay on a lost or stolen Instant
within the applicable time period for certain eligible military person­
                                                                               Game ticket.
nel as set forth in Texas Government Code, §466.408. Any rights to a
prize that is not claimed within that period, and in the manner speci­         4.0 Number and Value of Instant Prizes. There will be approximately
fied in these Game Procedures and on the back of each ticket, shall be          6,000,000 tickets in the Instant Game No. 1392. The approximate
forfeited.                                                                     number and value of prizes in the game are as follows:
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




A. The actual number of tickets in the game may be increased or de­            6.0 Governing Law. In purchasing an Instant Game ticket, the player
creased at the sole discretion of the Texas Lottery.                           agrees to comply with, and abide by, these Game Procedures for In­
                                                                               stant Game No. 1392, the State Lottery Act (Texas Government Code,
5.0 End of the Instant Game. The Executive Director may, at any time,
                                                                               Chapter 466), applicable rules adopted by the Texas Lottery pursuant
announce a closing date (end date) for the Instant Game No. 1392
                                                                               to the State Lottery Act and referenced in 16 TAC Chapter 401, and all
without advance notice, at which point no further tickets in that game
                                                                               final decisions of the Executive Director.
may be sold. The determination of the closing date and reasons for
closing the game will be made in accordance with the instant ticket            TRD-201104312
game closing procedures and the Instant Game Rules. See 16 TAC
§401.302(j).




36 TexReg 7410             October 28, 2011             Texas Register
Kimberly L. Kiplin                                                          Announcement of Application for Amendment to a
General Counsel                                                             State-Issued Certificate of Franchise Authority
Texas Lottery Commission
                                                                            The Public Utility Commission of Texas received an application on Oc­
Filed: October 12, 2011                                                     tober 13, 2011, to amend a state-issued certificate of franchise authority
                      ♦            ♦            ♦                           (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory
                                                                            Act (PURA).
Texas Board of Pardons and Paroles
                                                                            Project Title and Number: Application of Universal Cable Holdings,
Notice of Contract Amendment                                                Inc. d/b/a Suddenlink Communications to Amend a State-Issued Cer­
Pursuant to Texas Government Code, Chapter 2254, Subchapter B, the          tificate of Franchise Authority (SICFA), Project Number 39841.
Texas Board of Pardons and Paroles announces the following notice of        The requested amendment is to expand the service area footprint to
contract amendment for consulting services to provide an analysis of        include the municipality of Hughes Springs, Texas.
its current Parole Guidelines Risk Item Factors Scale Instrument.
                                                                            Information on the application may be obtained by contacting the Pub­
The purpose of the amendment is to extend contract for Phase III to be      lic Utility Commission of Texas by mail at P.O. Box 13326, Austin,
effective November 1, 2011. The completion date for Phase III shall         Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888)
be within six (6) months after award or no later than April 30, 2012.       782-8477. Hearing and speech-impaired individuals with text tele­
The Contract was awarded to:                                                phone (TTY) may contact the commission at (512) 936-7136 or use
                                                                            Relay Texas (toll-free) (800) 735-2989. All inquiries should reference
MGT of America, Inc.                                                        Project Number 39841.
502 East 11th Street, Suite 300                                             TRD-201104372
Austin, Texas 78701                                                         Adriana A. Gonzales
                                                                            Rules Coordinator
The total funding for Phase III of this Contract shall not exceed           Public Utility Commission of Texas
$42,483.00.
                                                                            Filed: October 14, 2011
The final report shall be submitted within 18 months after the award of
the Contract.                                                                                     ♦              ♦          ♦
TRD-201104423                                                               Announcement of Application for Amendment to a
Bettie Wells                                                                State-Issued Certificate of Franchise Authority
General Counsel                                                             The Public Utility Commission of Texas received an application on Oc­
Texas Board of Pardons and Paroles                                          tober 13, 2011, to amend a state-issued certificate of franchise authority
Filed: October 18, 2011                                                     (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory
                                                                            Act (PURA).
                      ♦            ♦            ♦
                                                                            Project Title and Number: Application of Northland Cable Television,
Texas Parks and Wildlife Department                                         Inc. to Amend its State-Issued Certificate Of Franchise Authority; to
Notice of Hearing and Opportunity for Public Comment                        add Horseshoe Bay, Texas, Project Number 39842.
This is a notice of an opportunity for public comment and a public hear­    The requested amendment is to expand the service area footprint to
ing on a Brazos Sand Supply Company application to renew a Texas            include the municipality of Horseshoe Bay, Texas.
Parks and Wildlife Department (TPWD) permit to dredge state-owned           Information on the application may be obtained by contacting the Pub­
sand and gravel from the Brazos River bed approximately 1.25 river          lic Utility Commission of Texas by mail at P.O. Box 13326, Austin,
miles downstream from FM 1462 and approximately 22 river miles              Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888)
upstream from State Highway 35 in Brazoria and Fort Bend counties.          782-8477. Hearing and speech-impaired individuals with text tele­
The hearing will be held on November 29, 2011 at 11:00 a.m. at TPWD         phone (TTY) may contact the commission at (512) 936-7136 or use
Headquarters, 4200 Smith School Road, Austin, Texas 78744. The              Relay Texas (toll-free) (800) 735-2989. All inquiries should reference
hearing is not a contested case hearing under the Administrative Pro­       Project Number 39842.
cedure Act.                                                                 TRD-201104373
Written comments must be submitted within 30 days of the publica­           Adriana A. Gonzales
tion of this notice in the Texas Register or the newspaper, whichever       Rules Coordinator
is later, or at the public hearing. Submit written comments, questions,     Public Utility Commission of Texas
or requests to review the application to: Tom Heger, TPWD, by mail          Filed: October 14, 2011
to the above address; e-mail tom.heger@tpwd.state.tx.us; phone (512)
389-4583.                                                                                         ♦              ♦          ♦
TRD-201104354                                                               Notice of Application for Amendment to Service Provider
Robert Sweeney                                                              Certificates of Operating Authority
Staff Attorney
                                                                            On October 14, 2011, Pac-West Telecomm, Inc., Tex-Link Commu­
Texas Parks and Wildlife Department                                         nications, Inc., and nWire, LLC filed an application with the Public
Filed: October 14, 2011                                                     Utility Commission of Texas to amend service provider certificates
                      ♦            ♦            ♦                           of operating authority (SPCOAs) Certificate Numbers 60740, 60050,

Public Utility Commission of Texas


                                                                           IN ADDITION            October 28, 2011            36 TexReg 7411
and 60860. Applicants seek to reflect a change in ownership/control          Notice is hereby given to the public of the October 13, 2011, filing with
whereby UPH Holdings, Inc. would acquire control of Applicants.             the Public Utility Commission of Texas (commission) of the petition of
                                                                            the Electric Reliability Council of Texas, Inc. (ERCOT) for approval
The Application: Application of Pac-West Telecomm, Inc., Tex-Link
                                                                            of an unaffiliated director.
Communications, Inc., and nWire, LLC for Amendment to Service
Provider Certificates of Operating Authority, Docket Number 39849.           Docket Style and Number: Petition of the Electric Reliability Council
                                                                            of Texas for Approval of Unaffiliated Director Mr. Karl V. Pfirrmann,
Persons wishing to comment on the action sought should contact the
                                                                            Docket Number 39844.
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)       The Application: ERCOT seeks approval of an unaffiliated director of
782-8477 no later than November 4, 2011. Hearing and speech-im­             the ERCOT Board. The commission has jurisdiction over this matter
paired individuals with text telephones (TTY) may contact the commis­       pursuant to Public Utility Regulatory Act (PURA), Texas Utilities Code
sion at (512) 936-7136 or toll-free at (800) 735-2989. All comments         Annotated §39.151 (Vernon 2007 and Supplement 2011). On Septem­
should reference Docket Number 39849.                                       ber 21, 2011, pursuant to the direction of the ERCOT Board, ERCOT
TRD-201104422
                                                                            issued its notice of special meeting of ERCOT’s corporate membership
                                                                            for October 12, 2011, for the election of Mr. Karl V. Pfirrmann as an
Adriana A. Gonzales
                                                                            unaffiliated director. Pursuant to the ERCOT amended and restated by­
Rules Coordinator
                                                                            laws, Mr. Pfirrmann received the requisite amount of segment votes by
Public Utility Commission of Texas                                          ballot on October 10, 2011, in lieu of the special meeting, to be elected
Filed: October 18, 2011                                                     as an unaffiliated director for a three-year term beginning on January
                      ♦              ♦          ♦                           1, 2012. Mr. Pfirrmann will serve on the ERCOT Board, beginning
                                                                            January 1, 2012, pending the commission’s approval.
Notice of Electric Reliability Council of Texas, Inc.’s Filing
                                                                            Persons who wish to intervene in the proceeding or comment upon the
for Approval of Unaffiliated Director                                        action sought should contact the Public Utility Commission of Texas,
Notice is hereby given to the public of the October 13, 2011, filing with    P.O. Box 13326, Austin, Texas 78711-3326, or call the commission’s
the Public Utility Commission of Texas (commission) of the petition of      Customer Protection Division at (512) 936-7120. Hearing and speech
the Electric Reliability Council of Texas, Inc. (ERCOT) for approval        impaired individuals with text telephones (TTY) may contact the com­
of an unaffiliated director.                                                 mission at (512) 936-7136 or (800) 735-2989. All correspondence
                                                                            should refer to Docket Number 39844.
Docket Style and Number: Petition of the Electric Reliability Council
of Texas for Approval of Unaffiliated Director Mr. Craven Crowell,           TRD-201104370
Docket Number 39843.                                                        Adriana A. Gonzales
                                                                            Rules Coordinator
The Application: ERCOT seeks approval of an unaffiliated director of
                                                                            Public Utility Commission of Texas
the ERCOT Board. The commission has jurisdiction over this matter
pursuant to Public Utility Regulatory Act (PURA), Texas Utilities Code      Filed: October 14, 2011
Annotated §39.151 (Vernon 2007 and Supplement 2011). On Septem­                                   ♦            ♦            ♦
ber 21, 2011, pursuant to the direction of the ERCOT Board, ERCOT
issued its notice of special meeting of ERCOT’s corporate member­           Notice of Electric Reliability Council of Texas, Inc.’s Filing
ship for October 12, 2011, for the election of Mr. Craven Crowell as        for Approval of Unaffiliated Director
an unaffiliated director. Pursuant to the ERCOT amended and restated
                                                                            Notice is hereby given to the public of the October 13, 2011, filing with
bylaws, Mr. Crowell received the requisite amount of segment votes by
                                                                            the Public Utility Commission of Texas (commission) of the petition of
ballot on October 10, 2011, in lieu of the special meeting, to be elected
                                                                            the Electric Reliability Council of Texas, Inc. (ERCOT) for approval
as an unaffiliated director for a three-year term beginning on January
                                                                            of an unaffiliated director.
1, 2012. Mr. Crowell will serve on the ERCOT Board, beginning Jan­
uary 1, 2012, pending the commission’s approval.                            Docket Style and Number: Petition of the Electric Reliability Council
                                                                            of Texas for Approval of Unaffiliated Director Ms. Judy W. Walsh,
Persons who wish to intervene in the proceeding or comment upon the
                                                                            Docket Number 39845.
action sought should contact the Public Utility Commission of Texas,
P.O. Box 13326, Austin, Texas 78711-3326, or call the commission’s          The Application: ERCOT seeks approval of an unaffiliated director of
Customer Protection Division at (512) 936-7120. Hearing and speech-         the ERCOT Board. The commission has jurisdiction over this matter
impaired individuals with text telephones (TTY) may contact the com­        pursuant to Public Utility Regulatory Act (PURA), Texas Utilities Code
mission at (512) 936-7136 or (800) 735-2989. All correspondence             Annotated §39.151 (Vernon 2007 and Supplement 2011). On Septem­
should refer to Docket Number 39843.                                        ber 21, 2011, pursuant to the direction of the ERCOT Board, ERCOT
TRD-201104369                                                               issued its notice of special meeting of ERCOT’s corporate member­
                                                                            ship for October 12, 2011, for the election of Ms. Judy W. Walsh as
Adriana A. Gonzales
                                                                            an unaffiliated director. Pursuant to the ERCOT amended and restated
Rules Coordinator
                                                                            bylaws, Ms. Walsh received the requisite amount of segment votes by
Public Utility Commission of Texas                                          ballot on October 10, 2011, in lieu of the special meeting, to be elected
Filed: October 14, 2011                                                     as an unaffiliated director for a three-year term beginning on January 1,
                      ♦              ♦          ♦                           2012. Ms. Walsh will serve on the ERCOT Board, beginning January
                                                                            1, 2012, pending the commission’s approval.
Notice of Electric Reliability Council of Texas, Inc.’s Filing
                                                                            Persons who wish to intervene in the proceeding or comment upon the
for Approval of Unaffiliated Director                                        action sought should contact the Public Utility Commission of Texas,
                                                                            P.O. Box 13326, Austin, Texas 78711-3326, or call the commission’s
                                                                            Customer Protection Division at (512) 936-7120. Hearing and speech



36 TexReg 7412            October 28, 2011            Texas Register
impaired individuals with text telephones (TTY) may contact the com­         The Application: On October 3, 2011, United Telephone Company
mission at (512) 936-7136 or (800) 735-2989. All correspondence              of Texas d/b/a CenturyLink (United) filed an application to Withdraw
should refer to Docket Number 39845.                                         Talking Call Waiting Feature from its General Customer Services Tar­
TRD-201104371
                                                                             iff. United stated that the current manufacturer of the network software
                                                                             and hardware platform that supports the Talking Call Waiting feature
Adriana A. Gonzales
                                                                             has discontinued support of the platform, and United is not able to ad­
Rules Coordinator
                                                                             equately maintain the feature and its functionality, nor is it able to se­
Public Utility Commission of Texas                                           cure components in the open market to support the feature. United also
Filed: October 14, 2011                                                      stated, that customers needing an incoming call announcement feature
                      ♦            ♦            ♦                            may purchase such equipment at most retail electronic stores. United
                                                                             will not be grandfathering the service. United proposes an effective
Notice of Filing to Withdraw Services Pursuant to P.U.C.                     date of March 1, 2012. The proceedings were docketed and suspended
Substantive Rule §26.208(h)                                                  on October 4, 2011, to allow adequate time for review and intervention.
Notice is given to the public of Central Telephone Company of Texas          Information on the application may be obtained by contacting the Pub­
d/b/a CenturyLink’s application filed with the Public Utility Commis­         lic Utility Commission of Texas by mail at P.O. Box 13326, Austin,
sion of Texas (commission) to withdraw services pursuant to P.U.C.           Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888)
Substantive Rule §26.208(h).                                                 782-8477. Hearing and speech-impaired individuals with text tele­
                                                                             phone (TTY) may contact the commission at (512) 936-7136 or use
Docket Title and Number: Application of Central Telephone Com­               Relay Texas (toll-free) (800) 735-2989. All inquiries should reference
pany of Texas, Inc. d/b/a CenturyLink to Withdraw Talking Call Wait­         Docket Number 39816.
ing Feature Pursuant to Substantive Rule §26.208(h); Docket Number
39817.                                                                       TRD-201104424
                                                                             Adriana A. Gonzales
The Application: On October 3, 2011, Central Telephone Company
                                                                             Rules Coordinator
of Texas d/b/a CenturyLink (Central) filed an application to Withdraw
                                                                             Public Utility Commission of Texas
Talking Call Waiting Feature from its General Exchange Tariff. Cen­
tral stated that the current manufacturer of the network software and        Filed: October 18, 2011
hardware platform that supports the Talking Call Waiting feature has                               ♦              ♦           ♦
discontinued support of the platform, and Central is not able to ade­
quately maintain the feature and its functionality, nor is it able to se­    Texas Department of Transportation
cure components in the open market to support the feature. Central also      Aviation Division - Request for Proposal for Professional
stated, that customers needing an incoming call announcement feature         Engineering Services
may purchase such equipment at most retail electronic stores. Central
will not be grandfathering the service. Central proposes an effective        Wood County, through its agent the Texas Department of Transporta­
date of March 1, 2012. The proceedings were docketed and suspended           tion (TxDOT), intends to engage an aviation professional engineering
on October 4, 2011, to allow adequate time for review and intervention.      firm for services pursuant to Government Code, Chapter 2254, Sub­
                                                                             chapter A. TxDOT Aviation Division will solicit and receive proposals
Information on the application may be obtained by contacting the Pub­        for professional aviation engineering design services described below.
lic 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)        Current Project: Airport Sponsor: Wood County. TxDOT CSJ No.:
782-8477. Hearing and speech-impaired individuals with text tele­            1210MNOLA. Scope: provide engineering/design services to con­
phone (TTY) may contact the commission at (512) 936-7136 or use              struct and mark a partial parallel Taxiway, install Precision Approach
Relay Texas (toll-free) (800) 735-2989. All inquiries should reference       Path Indicator - 2 Runway 36, replace Medium Intensity Runway
Docket Number 39817.                                                         Lights, and replace electrical vault at the Wood County Airport.
TRD-201104425                                                                The HUB Goal for this project is 7%. The TxDOT Project Manager is
Adriana A. Gonzales                                                          Clayton Bridwell.
Rules Coordinator                                                            Future Scope: Work items for engineering/design services within the
Public Utility Commission of Texas                                           next five years may include the following:
Filed: October 18, 2011
                                                                             1. Construct Taxiway C west connecting stub
                      ♦              ♦          ♦                            2. Construct Taxiway C east hangar access
Notice of Filing to Withdraw Services Pursuant to P.U.C.                     3. Rehabilitate and mark Runway 18-36
Substantive Rule §26.208(h)
                                                                             4. Rehabilitate Taxiways
Notice is given to the public of United Telephone Company of Texas
d/b/a CenturyLink’s application filed with the Public Utility Commis­         5. Rehabilitate Hangar Access Taxiways
sion of Texas (commission) to withdraw services pursuant to P.U.C.           6. Rehabilitate Apron
Substantive Rule §26.208(h).
                                                                             7. Install fence
Docket Title and Number: Application of United Telephone Com­
pany of Texas, Inc. d/b/a CenturyLink to Withdraw Talking Call Wait­         To assist in your proposal preparation the criteria, 5010 drawing,
ing Feature Pursuant to Substantive Rule §26.208(h); Docket Number           project diagram, and most recent Airport Layout Plan are available
39816.                                                                       online at www.txdot.gov/avn/avninfo/notice/consult/index.htm by
                                                                             selecting "Wood County Airport."




                                                                            IN ADDITION            October 28, 2011            36 TexReg 7413
Interested firms shall utilize the latest version of Form AVN-550, ti­       federal agencies, and related entities; evaluating research resources, de­
tled "Aviation Engineering Services Proposal." The form may be re­          veloping concepts and themes for agreed upon research initiatives, de­
quested from TxDOT Aviation Division, 125 East 11th Street, Austin,         veloping objectives and strategies in presenting opportunities to utilize
Texas 78701-2483, phone number, (800) 68-PILOT (74568). The form            the available resources of UNT Institutions for existing and new initia­
may be emailed by request or downloaded from the TxDOT website              tives, formulating strategies and timetables for presentation of research
at http://www.txdot.gov/business/projects/aviation.htm. The form may        initiatives, assisting in preparation of supporting documentation, coor­
not be altered in any way. All printing must be in black on white paper,    dinating meetings with pertinent representatives and their staff, serving
except for the optional illustration page. Firms must carefully follow      as a liaison to all federal entities, and preparing testimony for presen­
the instructions provided on each page of the form. Proposals may not       tation; developing legislative and other strategies; and monitoring and
exceed the number of pages in the proposal format. The proposal for­        reporting on government and other programs relevant to research initia­
mat consists of seven pages of data plus two optional pages consisting      tives and other areas of interest to UNT System and UNT Institutions.
of an illustration page and a proposal summary page. A prime provider
                                                                            Name and Business Address of Consultant:
may only submit one proposal. If a prime provider submits more than
one proposal, that provider will be disqualified. Proposals shall be sta­    Congressional Solutions, Inc.
pled but not bound in any other fashion. PROPOSALS WILL NOT
                                                                            1530 N. Key Blvd., Suite 523
BE ACCEPTED IN ANY OTHER FORMAT.
                                                                            Arlington, Virginia 22209
ATTENTION: To ensure utilization of the latest version of Form AVN­
550, firms are encouraged to download Form AVN-550 from the Tx-              Total Value and Beginning and Ending Dates of Contract:
DOT website as addressed above. Utilization of Form AVN-550 from a
                                                                            Value: $540,000.00
previous download may not be the exact same format. Form AVN-550
is a PDF Template.                                                          Beginning Date: September 5, 2011
Please note:                                                                Ending Date: August 31, 2014
EIGHT (8) completed, unfolded copies of Form AVN-550 must be                Dates on Which Documents, Films, Recordings, or Reports that
received by TxDOT, Aviation Division at 150 East Riverside Drive,           Consultant is required to present are due:
5th Floor, South Tower, Austin, Texas 78704 no later than 4:00 p.m.
                                                                            Date: Various dates - Monthly reports and any updates as needed by
on November 29, 2011. Electronic facsimiles or forms sent by email
                                                                            UNT.
will not be accepted. Please mark the envelope of the forms to the
attention of Beverly Longfellow.                                            TRD-201104411
                                                                            Carrie Stoeckert
The consultant selection committee will be composed of local govern­
                                                                            Assistant Director
ment members. The final selection by the committee will generally
be made following the completion of review of proposals. The com­           University of North Texas System
mittee will review all proposals and rate and rank each. The criteria       Filed: October 18, 2011
for evaluation of engineering proposals can be found at http://www.tx­                            ♦             ♦            ♦
dot.gov/business/projects/aviation.htm. All firms will be notified and
the top rated firm will be contacted to begin fee negotiations. The selec­   Texas Water Development Board
tion committee does, however, reserve the right to conduct interviews       Public Hearing Notice
for the top rated firms if the committee deems it necessary. If inter­
views are conducted, selection will be made following interviews.           The Texas Water Development Board will hold a public hearing on a
                                                                            petition submitted under 31 TAC §356.44. The hearing will begin at
Please contact TxDOT Aviation for any technical or procedural ques­         10:00 a.m. on November 7, 2011, at the offices of the Upper Guadalupe
tions at (800) 68-PILOT (74568). For procedural questions, please           River Authority, 125 Lehmann Drive, Kerrville, Texas.
contact Beverly Longfellow, Grant Manager. For technical questions,
please contact Clayton Bridwell, Project Manager.                           A Petition on the reasonableness of the Desired Future Conditions
                                                                            adopted by the Groundwater Management Area 9 Groundwater Con­
TRD-201104408
                                                                            servation Districts for the Trinity Aquifer was submitted by Flying L
Joanne Wright
                                                                            Guest Ranch, Ltd.
Deputy General Counsel
Texas Department of Transportation                                          Interested persons are encouraged to attend the hearing, which is not
Filed: October 18, 2011
                                                                            a contested case hearing. Petitioners and respondents will each have
                                                                            two hours in which to present their testimony. There will be no cross
                      ♦            ♦            ♦                           examination of those making presentations and no objections to the tes­
University of North Texas System                                            timony or exhibits. Testimony and evidence presented should address
                                                                            the claims asserted in the petitions.
Public Notice - Renewal and Extension of Major Consulting
                                                                            Other interested persons will have 10 business days from the close of
Contract                                                                    the hearing in which to submit written evidence. No time will be al­
Description of Activities Consultant Will Conduct:                          lotted for public comment during the hearing. Written evidence may
                                                                            be submitted during the 10-day period to the Board’s General Counsel,
The selected consulting firm is responsible for assisting University of      Texas Water Development Board, 1700 N. Congress Ave, P.O. Box
North Texas (UNT) System and its member institutions in: developing         13231, Austin, Texas 78711-3231.
and executing a government relations strategy to attract support for re­
search facilities, equipment, technology, and programs through federal      TRD-201104428
initiatives pertaining, but not limited to, the United States Congress,




36 TexReg 7414            October 28, 2011            Texas Register
Kenneth L. Petersen                                                      Solutions Capital Area at (512) 719-4710 or niki.sanders@wfscap­
General Counsel                                                          italarea.com. The Statement of Receipt is the last page of the RFP
Texas Water Development Board                                            packet.
Filed: October 19, 2011                                                  All responses to the RFP must be received by Workforce Solutions
                     ♦           ♦            ♦                          Capital Area by 12:00 p.m. (noon) CST on November 21, 2011. The
                                                                         official time is determined by Workforce Solutions Capital Area. AB­
Workforce Solutions Capital Area                                         SOLUTELY NO EXCEPTIONS WILL BE MADE. A Bidder’s Con­
Request for Proposal                                                     ference will be held October 24, 2011, at 10:00 a.m.

Workforce Solutions Capital Area Workforce Board is soliciting pro­      All inquiries regarding this solicitation should be directed to Alan D.
posals for Office Lease/Sublease Space for a One-Stop Workforce Cen­      Miller at (512) 597-7101.
ter.                                                                     TRD-201104410
                                                                         Alan D. Miller
Request for Proposal (RFP) packages may be obtained from Work­
force Solutions Capital Area, 6505 Airport Blvd., Suite 101E, Austin,    Executive Director
Texas, beginning Tuesday, October 18, 2011, at 1:00 p.m., and there­     Workforce Solutions Capital Area
after, weekdays from 8:00 a.m. to 5:00 p.m. RFP packages may be          Filed: October 18, 2011
downloaded from the Board’s website at www.wfscapitalarea.com or
requests for RFP packages may also be emailed to niki.sanders@wfs­
                                                                                              ♦             ♦           ♦
capitalarea.com.
Requests for all RFP packages include a Statement of Receipt that
should be signed, dated, and faxed or emailed back to Workforce




                                                                        IN ADDITION           October 28, 2011           36 TexReg 7415

								
To top