IN ADDITION

Office of the Attorney General

Notice of Request for Proposals

Pursuant to Texas Government Code, Chapter 2254, Subchapter B, the Office of the Attorney General (OAG) announces the issuance of a Request for Proposal (RFP) for Indirect Cost Allocation Plan and Legal Billing Rates Consultant Services, RFP No. 302-18-LBC004, which was posted on the following Electronic State Business Daily (ESBD) website on December 4, 2017:

http://www.txsmartbuy.com/sp/302-18-LBC004

As required by Texas Government Code Section 2254.029(b), the OAG discloses the subject services were previously provided to the OAG by MGT of America, Inc.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The OAG shall make the final decision on any contract award or awards resulting from this RFP. The OAG has sole discretion and may reject any and all offers, or terminate this RFP, amend or re-issue this RFP. The OAG reserves the right to remedy technical errors in the RFP process, to waive any informalities and irregularities relating to any or all offers and qualifications submitted in response to the RFP, and to negotiate modifications necessary to improve the quality or cost effectiveness of services resulting from this RFP. The issuance of this RFP does not constitute a commitment by the OAG to award any contract.

Offers may be submitted by hand delivery, commercial delivery (e.g., FedEx, UPS, and DHL), or courier to the address listed below:

Office of the Attorney General

Procurement Division

Attn: Rick Blincoe, CTPM, CTCM

W. P. Clements Building

300 W. 15th St., 3rd Floor

Austin, TX 78701-1649

The deadline for submission of proposals is January 8, 2018 (3:00PM Central Time).

All dates are subject to change at the OAG's discretion. Please monitor the ESBD website for updates, information, and changes to the RFP.

The sole point of contact for inquiries concerning this RFP is:

Office of the Attorney General

Rick Blincoe CTPM, CTCM

W. P. Clements Building

300 W. 15th St., 3rd Floor

Austin, TX 78701-1649

Phone: 512-936-7928

rick.blincoe@oag.texas.gov

All communications relating to this RFP must be directed to the OAG contact person named above. All communications between respondents and other OAG staff members concerning this RFP are strictly prohibited. Failure to comply with these requirements may result in proposal disqualification.

TRD-201704965

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: December 5, 2017


Comptroller of Public Accounts

Notice of Contract Awards

The Texas Comptroller of Public Accounts, State Energy Conservation Office ("SECO"), announces the following contract awards under RFP 219L:

The notice of request for proposals was published in the August 4, 2017, issue of the Texas Register (42 TexReg 3887).

The contractors will perform professional energy engineering services related to Local Governments Program.

Three contracts were awarded as follows:

1. Texas Energy Engineering Services, Inc., 1301 South Capital of Texas Highway, Suite B-325, Austin, Texas 78746. The total amount of the contract is not to exceed $525,000.00. The term of the contract is December 1, 2017 through August 31, 2019, with option to renew for two (2) additional one-year terms, one year at a time;

2. Energy Systems Associates, Inc., 1111 N. IH35, Suite 212, Round Rock, Texas 78664. The total amount of the contract is not to exceed $475,000.00. The term of the contract is December 1, 2017 through August 31, 2019, with option to renew for two (2) additional one-year terms, one year at a time; and

3. Jacobs Engineering Group, Inc., 777 Main Street, Fort Worth, Texas 76102. The total amount of the contract is not to exceed $500,000.00. The term of the contract is December 1, 2017 through August 31, 2019, with option to renew for two (2) additional one-year terms, one year at a time.

TRD-201704967

Joseph Madden

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: December 5, 2017


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 12/11/17 - 12/17/17 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 12/11/17 - 12/17/17 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and §303.0093 for the period of 12/01/17 - 12/31/17 is 18% or Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 and §303.009 for the period of 12/01/17 - 12/31/17 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

3 For variable rate commercial transactions only.

TRD-201704966

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: December 5, 2017


Texas Education Agency

Correction of Error

The State Board for Educator Certification filed a notice to withdraw the proposed amendment to 19 TAC §232.11 published in the September 1, 2017 issue of the Texas Register (42 TexReg 4425). The notice withdrawing the proposed amendment appeared in the November 3, 2017 issue of the Texas Register (42 TexReg 6127).

Due to an error by the Texas Register, the text of the notice withdrawing the proposed amendment was published incorrectly. The correct text should have been published as follows:

The State Board for Educator Certification (SBEC) withdraws an amendment to §232.11, concerning the certificate renewal and continuing professional education requirements. The proposal, which was published in the September 1, 2017 issue of the Texas Register (42 TexReg 4425), would have implemented changes resulting from the 85th Texas Legislature, Regular Session, 2017, and added several topics to the continuing professional education requirements for all educators, including classroom teachers and principals.

The SBEC is scheduled to reconsider at its December 8, 2017 meeting an amendment to §232.11 to be published as proposed in the Texas Register.

TRD-201704917


Texas Board of Professional Engineers

Policy Advisory Opinion

The Texas Board of Professional Engineers is given authority to issue Advisory Opinions under Subchapter M, Chapter 1001 of the Occupations Code (Texas Engineering Practice Act). The Board is required to issue an advisory opinion about interpretations of the Texas Engineering Practice Act in regard to a specific existing or hypothetical factual situation if requested in writing by a person and to respond to that request within 180 days. Pursuant to that requirement, the Board, upon a written request, has researched and authored the following final Policy Advisory Opinion Regarding a Texas Real Estate Commission licensed inspector providing a draft opinion on a residential foundation and its relation to the practice of engineering, which it approved for publication at its meeting on November 17, 2017. Comments received during the posting period will be considered for inclusion in the final version of the policy advisory that will be presented to the Board for ratification during a regularly scheduled meeting of the Board. Any comments may be submitted no later than 30 days after the publication of this notice to David Howell, P.E., Deputy Executive Director, Texas Board of Professional Engineers, 1917 S. Interstate 35, Austin, Texas 78741, faxed to his attention at (512) 440-0417 or sent by email to rules@engineers.texas.gov.

Request:

The Texas Board of Professional Engineers (Board) received a request from John Turner, P.E. asking the following question:

Are licensed real estate inspectors following the Texas Real Estate Commission (TREC) Standards of Practice (SOPs) performing the work of Professional Engineers when "rendering an opinion as to the performance of the foundation"?

Background:

Foundation inspection and/or analysis is required for a variety of purposes. Analyzing the cause of a condition, recommendations for repair, or providing any other expert engineering opinion associated with a foundation would be considered the practice of engineering per the Texas Engineering Practice Act §1001.003(c)(1) and could warrant disciplinary action from the Texas Board of Professional Engineers if conducted by an individual unlicensed as a Professional Engineer (PE).

Texas Real Estate Commission (TREC) Rule 22 TAC §535.227 specifies the Standards of Practice for licensed TREC Inspectors. Section 535.227(a)(1)(C) states that a real estate inspection is "(A) a limited visual survey and basic performance evaluation of the systems and components of a building using normal controls that provides information regarding the general condition of a residence at the time of inspection"; and "(B) is not intended to be a comprehensive investigation or exploratory probe to determine the cause or effect of deficiencies noted by the inspector." It is important to note that "deficiency" noted by a TREC inspector on his or her Property Inspection Report is intended to only be an indicator of visible conditions or symptoms observed by an inspector that may warrant further evaluation by another qualified service professional.

A TREC licensed inspector is required to render an opinion on the performance of a foundation based on visible conditions or symptoms as noted in TREC §535.228(a)(1)(A); however, per the TREC Standards of Practice, a TREC licensed inspector is not required to analyze or determine the cause of a potential failure or recommend any required corrective action.

The TREC Standards of Practice, §535.227(d) annotates "General limitations" and specifies that the inspector is not required to determine:

"the cause or source of a condition" (d)(3)(D); and

"the cause or effect of deficiencies" (d)(3)(E);

And is not required to "recommend or provide engineering, architecture, appraisal, mitigation, physical surveying, realty, or other specialty services." (d)(7).

In addition, TREC licensed inspectors are not permitted to provide an engineering opinion on a foundation unless they also hold a PE license.

Analysis and Conclusion:

Analyzing the cause of a condition, recommendations for repair, or providing any other expert engineering opinion associated with a foundation, including the foundations systems and components, would be considered the practice of engineering per the Act §1001.003(c)(1) and could warrant disciplinary action from the Texas Board of Professional Engineers if conducted by an individual unlicensed as a Professional Engineer (PE). We conclude that a TREC licensed inspector who conducts a visual real estate inspection in conformance with the TREC Standards of Practice does not engage in the practice of engineering.

TRD-201704974

Lance Kinney, Ph.D, P.E.

Executive Director

Texas Board of Professional Engineers

Filed: December 6, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is January 18, 2018. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on January 18, 2018. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: Alfredo Rios dba Drive Auto Collision; DOCKET NUMBER: 2017-1113-AIR-E; IDENTIFIER: RN109777631; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: auto body shop; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to operating a source of air emissions; PENALTY: $1,312; ENFORCEMENT COORDINATOR: Sandra Douglas, (512) 239-2549; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(2) COMPANY: Aqua Texas, Incorporated; DOCKET NUMBER: 2017-0874-PWS-E; IDENTIFIER: RN102693751; LOCATION: Magnolia, Montgomery County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(i)(1) and §290.122(c)(2)(A) and (f), by failing to timely report lead and copper tap sample results to the executive director (ED) for the January 1, 2016 - December 31, 2016, monitoring period, and by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to report lead and copper tap sample results for the January 1, 2016 - December 31, 2016, monitoring period; 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2013 - December 31, 2015, monitoring period; 30 TAC §290.117(d)(2)(A), (h), and (i)(2), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2016 - December 31, 2016, monitoring period during which the copper action level was exceeded, have the samples analyzed, and report the results to the ED; 30 TAC §290.117(f)(3)(A), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2016 - December 31, 2016, monitoring period during which the copper action level was exceeded; and 30 TAC §290.117(g)(2)(A), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2016 - December 31, 2016, monitoring period during which the copper action level was exceeded; PENALTY: $905; ENFORCEMENT COORDINATOR: Paige Bond, (512) 239-2678; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Arkema Incorporated; DOCKET NUMBER: 2017-0836-AIR-E; IDENTIFIER: RN100216373; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: organic chemical manufacturing; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), Federal Operating Permit Number O1636, Special Terms and Conditions Number 14.A, New Source Review Permit Numbers 865A and PSDTX1016M1, Special Conditions Number 2, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $5,475; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-4575; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(4) COMPANY: BELL-MILAM-FALLS WATER SUPPLY CORPORATION; DOCKET NUMBER: 2017-0882-PWS-E; IDENTIFIER: RN101233922; LOCATION: Bartlett, Bell County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 0.080 milligrams per liter for total trihalomethanes (TTHM), based on the locational running annual average; 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required 20 sample sites, have the samples analyzed, and report the results to the executive director (ED); and 30 TAC §290.122(b)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to comply with the MCL for TTHM for the third quarter of 2016; PENALTY: $1,380; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: Brent Middleton; DOCKET NUMBER: 2017-0708-LII-E; IDENTIFIER: RN107142606; LOCATION: McKinney, Collin County; TYPE OF FACILITY: landscape business; RULES VIOLATED: 30 TAC §30.5(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, altering, repairing, or servicing an irrigation system; and 30 TAC §30.5(b) and TWC, §37.003, by failing to refrain from advertising or representing to the public that it can perform services for which a license is required unless it holds a current license, or unless it employs an individual who holds a current license; PENALTY: $1,686; ENFORCEMENT COORDINATOR: Larry Butler, (512) 239-2543; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: CENTERLINE WATER SUPPLY CORPORATION; DOCKET NUMBER: 2017-0631-PWS-E; IDENTIFIER: RN101439776; LOCATION: Lyons, Burleson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual of sufficient detail to provide the operator with routine maintenance and repair procedures, with protocols to be utilized in the event of a natural or man-made catastrophe, as well as provide telephone numbers of water system personnel, system officials, and local/state/federal agencies to be contacted in the event of an emergency; 30 TAC §290.46(n)(2), by failing to make available an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; 30 TAC §290.41(c)(1)(F), by failing to obtain sanitary control easements that cover the land within 150 feet of the facility's two wells; 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the pressure tank, and failing to inspect the interior of the pressure tank every five years; 30 TAC §290.46(s)(1), by failing to calibrate the facility's two well meters at least once every three years; 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; 30 TAC §290.42(j), by failing to use an approved chemical or media for the disinfection of potable water that conforms to the American National Standards Institute/National Sanitation Foundation Standard 60 and Standard 61; 30 TAC §290.43(c)(3), by failing to cover the ground storage tank's overflow discharge opening with a gravity-hinged and weighted cover, an elastomeric duckbill valve, or other approved device to prevent the entrance of insects and other nuisances; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.43(d)(3), by failing to equip the air injection lines with filters or other devices to prevent compressor lubricants or other contaminants from entering the facility's pressure tank; 30 TAC §290.42(b)(1) and (e)(3) and §290.46(d)(1), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; 30 TAC §290.46(e)(4)(A) and Texas Health and Safety Code (THSC), §341.033(a), by failing to operate the water system under the direct supervision of a water works operator who holds a Class D or higher license; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; 30 TAC §290.44(d) and §290.46(r), by failing to provide a minimum pressure of 35 pounds per square inch (psi) throughout the distribution system under normal operating conditions and 20 psi during emergencies such as firefighting; 30 TAC §290.46(t), by failing to post a legible sign at the facility's production, treatment, and storage facilities that contains the name of the facility and emergency telephone numbers where a responsible official can be contacted; 30 TAC §290.46(f)(2) and (3)(A)(ii)(III), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system at least once every seven days; 30 TAC §291.76 and TWC, §5.702, by failing to pay adequate regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 12399 for calendar years 2013, 2014, 2015, and 2016; and 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain a minimum disinfectant residual of 0.2 milligrams per liter free chlorine throughout the distribution system at all times; PENALTY: $2,647; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: City of Mart; DOCKET NUMBER: 2017-0772-PWS-E; IDENTIFIER: RN101388544; LOCATION: Mart, McLennan County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(f)(3) and §290.122(b)(2)(A) and (f) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 0.010 milligrams per liter for arsenic based on the running annual average during the fourth quarter of 2016 and the first quarter of 2017, and by failing to provide public notification and submit a copy of the public notification to the executive director regarding the failure to comply with the MCL for arsenic during the fourth quarter of 2016; PENALTY: $405; ENFORCEMENT COORDINATOR: Melissa Castro, (512) 239-0855; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: City of Menard; DOCKET NUMBER: 2017-0787-MSW-E; IDENTIFIER: RN102119443; LOCATION: Menard, Menard County; TYPE OF FACILITY: Type IV Arid Exempt Municipal Solid Waste (MSW) Landfill; RULES VIOLATED: 30 TAC §330.133(b) and MSW Permit Number 1404, Site Operating Plan (SOP) Section 7(b) - Unauthorized Areas, by failing to prevent the unloading of waste in unauthorized areas at the facility; 30 TAC §330.143(a) and MSW Permit Number 1404, SOP Section 12(a)(i) and (ii) - Landfill Markers and Benchmark, by failing to maintain the visibility of the required benchmark; 30 TAC §330.165(h) and MSW Permit Number 1404, SOP Section 24(g)(i) and (ii)(3) - Cover Inspection Record, by failing to maintain a weekly cover application log which specifies the last area covered; 30 TAC §330.125(a) and §330.371(g), by failing to maintain a landfill gas management plan and make it available for review at the facility or an alternate location approved by the executive director; 30 TAC §330.371(b), (2), and (k)(1) and MSW Permit Number 1404, SOP Section 21(a) - Landfill Gas Control, by failing to implement a routine methane monitoring program; 30 TAC §330.125(e) and MSW Permit Number 1404, SOP Section 3(b)(xiii) - All Personnel Training Records, by failing to maintain personnel training records; 30 TAC §330.121(a) and MSW Permit Number 1404, SOP Section §4(b)(5) - Landfill Personnel, by failing to have at least one individual during waste acceptance hours licensed to supervise or manage a MSW facility; and 30 TAC §§30.213(a), 330.121(a) and 330.127(1) and MSW Permit Number 1404, SOP 4(b)(5)(ii) - Landfill Personnel, by failing to update the minimum qualifications of key personnel in the SOP to accurately reflect the level of license required by TCEQ regulations; PENALTY: $13,494; Supplemental Environmental Project offset amount of $10,796: ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(9) COMPANY: City of Roscoe; DOCKET NUMBER: 2017-0953-PWS-E; IDENTIFIER: RN101430924; LOCATION: Roscoe, Nolan County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(g)(2)(A), by failing to timely submit a recommendation to the executive director (ED) for source water treatment within 180 days after the end of the January 1, 2016 - December 31, 2016, monitoring period during which the lead action level was exceeded; 30 TAC §290.117(f)(3)(A), by failing to timely submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2016 - December 31, 2016, monitoring period during which the lead action level was exceeded; and 30 TAC §290.271(b) and §290.274(a) and (c), by failing to timely mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year, and by failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data for calendar year 2015; PENALTY: $150; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(10) COMPANY: City of Stamford; DOCKET NUMBER: 2017-0997-PWS-E; IDENTIFIER: RN101392165; LOCATION: Stamford, Jones County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.44(d)(6), by failing to provide all dead-end mains with acceptable flush valves and discharge piping; 30 TAC §290.43(e), by failing to install all potable water storage tanks and pressure maintenance facilities in a lockable building or enclosed by an intruder-resistant fence with lockable gates; 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition and free of excessive solids; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(j), by failing to complete a Customer Service Inspection certificate prior to providing continuous water service to new construction or any existing service when the water purveyor has reason to believe cross-connections or other potential contamination hazards exists; 30 TAC §290.41(e)(2)(C), by failing to establish a restricted zone of 200 feet radius from the raw water intake works prohibiting all recreational activities and trespassing, designated with signs recounting these restrictions; and 30 TAC §290.46(m)(6), by failing to maintain all pumps, motors, valves, and other mechanical devices in good working condition; PENALTY: $2,805; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(11) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2017-0880-AIR-E; IDENTIFIER: RN100224377; LOCATION: Mont Belvieu, Chambers County; TYPE OF FACILITY: liquid hydrocarbon products storage facility; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), Texas Health and Safety Code, §382.085(b), and New Source Review Permit Number 2129, Special Conditions Number 1, by failing to prevent unauthorized emissions; PENALTY: $64,575; Supplemental Environmental Project offset amount of $32,250; ENFORCEMENT COORDINATOR: Jo Hunsberger, (512) 230-1274; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: E-Z Wall Concentrate, Incorporated; DOCKET NUMBER: 2017-1287-AIR-E; IDENTIFIER: RN109826909; LOCATION: Midlothian, Ellis County; TYPE OF FACILITY: stucco production plant; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b), by failing to obtain authorization to construct and operate a source of air emissions; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Robyn Babyak, (512) 239-1853; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: General Services Administration; DOCKET NUMBER: 2017-0156-PST-E; IDENTIFIER: RN105665244; LOCATION: Houston, Harris County; TYPE OF FACILITY: underground storage tank (UST) emergency generator; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the UST for releases at a frequency of at least once every month; and 30 TAC §334.602(a), by failing to designate, train, and certify at least one individual for each class of operator - Class A, Class B, and Class C for the facility; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: Harris County Municipal Utility District Number 387; DOCKET NUMBER: 2016-1535-MWD-E; IDENTIFIER: RN103907028; LOCATION: Spring, Harris County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0014347001, Interim II Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to comply with permitted effluent limitations; and 30 TAC §§305.125(1), (11)(A), and (17), 319.1, 319.4, and 319.5(b), and TPDES Permit Number WQ0014347001, Monitoring and Reporting Requirements Numbers 1 and 3(a), Chronic Biomonitoring Requirements: Freshwater Numbers 1 and 3, and 24-Hour Acute Biomonitoring Requirements: Freshwater Numbers 1 and 3, by failing to collect and analyze effluent samples at the intervals specified in the permit; PENALTY: $44,375; Supplemental Environmental Project offset amount of $44,375; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(15) COMPANY: Heritage Asphalt Company LLC; DOCKET NUMBER: 2017-1134-AIR-E; IDENTIFIER: RN109673459; LOCATION: Hutchins, Dallas County; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b), by failing to obtain authorization to construct and operate a source of air emissions; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Robyn Babyak, (512) 239-1853; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: INEOS Styrolution America LLC; DOCKET NUMBER: 2017-0814-AIR-E; IDENTIFIER: RN100542224; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), Texas Health and Safety Code (THSC), §382.085(b), New Source Review (NSR) Permit Number 5252, Special Conditions (SC) Numbers 11.A and 11.B, and Federal Operating Permit (FOP) Number O1625, Special Terms and Conditions (STC) Number 12, by failing to comply with the permitted emissions and concentration limits for the boilers; 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O1625, General Terms and Conditions, and THSC, §382.085(b), by failing to report all instances of deviations; and 30 TAC §116.115(c) and §122.143(4), THSC, §382.085(b), NSR Permit Number 5252, SC Number 7.A(1), and FOP Number O1625, STC Number 12, by failing to comply with the permitted concentration limit for the Steam Superheater HS-220, Emission Point Number 220, with the Selective Catalyst Reduction operational; PENALTY: $32,225; Supplemental Environmental Project offset amount of $12,890; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(17) COMPANY: KAISER BUSINESS, LLC dba Country Mart; DOCKET NUMBER: 2017-0828-PST-E; IDENTIFIER: RN102365202; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (UST) system; and 30 TAC §334.10(b)(2), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: Lhoist North America of Texas, Limited; DOCKET NUMBER: 2017-1235-AIR-E; IDENTIFIER: RN100552454; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: lime manufacturing plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Federal Operating Permit Number O1122, General Terms and Conditions and Special Terms and Conditions Number 12, and Texas Health and Safety Code, §382.085(b), by failing to submit a Permit Compliance Certification no later than 30 days after the end of the certification period; PENALTY: $5,700; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(19) COMPANY: MAHANT CORPORATION dba Stop In Food Store; DOCKET NUMBER: 2017-1264-PST-E; IDENTIFIER: RN102249042; LOCATION: Garland, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-1343; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Mansoor Dhanani; DOCKET NUMBER: 2017-0977-PST-E; IDENTIFIER: RN102359767; LOCATION: Alice, Jim Wells County; TYPE OF FACILITY: out-of-service underground storage tank (UST) system; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition; and 30 TAC §334.49(a)(1) and §334.54(b)(2) and (c)(1), by failing to adequately protect from corrosion an out-of-service UST system, and failing to maintain all piping, pumps, manways, tank access points, and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $8,313; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(21) COMPANY: OIL MASTERS OF KILGORE, INCORPORATED; DOCKET NUMBER: 2017-1178-PST-E; IDENTIFIER: RN101434397; LOCATION: Kilgore, Gregg County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the underground storage tanks (USTs); and 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; PENALTY: $1,626; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(22) COMPANY: Old Alton Estates Home Owners Association; DOCKET NUMBER: 2017-1207-PWS-E; IDENTIFIER: RN106123128; LOCATION: Denton, Denton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.43(c), by failing to provide a ground storage tank that is designed, fabricated, erected, tested, and disinfected in strict accordance with American Water Works Association standards; 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to provide all well units and potable water storage tanks and pressure maintenance facilities with an intruder-resistant fence with a lockable gate or a locked and ventilated well house or lockable building; 30 TAC §290.46(n)(3), by failing to maintain and keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement covering land within 150 feet of the facility's two wells; and 30 TAC §290.39(h)(1) and Texas Health and Safety Code, §341.035(a), by failing to receive approval of plans and specifications from the executive director prior to the construction of a new public water system; PENALTY: $834; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: SAAS Investment Group LLC dba Kwik Chek 9; DOCKET NUMBER: 2017-0946-PST-E; IDENTIFIER: RN103027884; LOCATION: Bonham, Fannin County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: Sun-N-Fun Association; DOCKET NUMBER: 2017-1048-PWS-E; IDENTIFIER: RN101182848; LOCATION: Zavalla, Angelina County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $175; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(25) COMPANY: YOGINE LLC dba Evers Food Mart; DOCKET NUMBER: 2017-0822-PST-E; IDENTIFIER: RN102374477; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §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 once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Steven Stump, (512) 239-1343; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-201704961

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 5, 2017


Correction of Error

The Texas Commission on Environmental Quality (TCEQ) published a notice titled "Request for Members to Serve - Water Utility Operator Licensing Advisory Committee" in the December 1, 2017, issue of the Texas Register (42 TexReg 6841). Due to an error in the text as submitted by TCEQ, a fax number was listed incorrectly in the paragraph outlining delivery options for completed applications. The text should have read as follows:

Completed Applications must be received at TCEQ by 5:00 p.m., on January 5, 2018. Applications may be delivered to Colby Eaves by email (colby.eaves@tceq.texas.gov), fax (512-239-6272), or U.S. mail: Colby Eaves, Occupational Licensing Section, MC 178, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201704972


Enforcement Orders

An agreed order was adopted regarding Billy Bell dba B & L Construction, Docket No. 2016-0981-WQ-E on December 5, 2017, assessing $3,937 in administrative penalties with $787 deferred. Information concerning any aspect of this order may be obtained by contacting Melissa Castro, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Turkey, Docket No. 2016-1311-PWS-E on December 5, 2017, assessing $765 in administrative penalties with $153 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding MERITOCRACY GROUP INC. dba Tex Mex Food Mart 4, Docket No. 2016-1560-PST-E on December 5, 2017, assessing $4,624 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding SOHNA Investments, Inc., Docket No. 2016-1776-PWS-E on December 5, 2017, assessing $366 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Juan Carlos Portillo, Docket No. 2016-1785-PWS-E on December 5, 2017, assessing $667 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Shady Shores Development, Inc. dba Shady Shores Water System, Docket No. 2016-1861-PWS-E on December 5, 2017, assessing $225 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding MEMC Pasadena, Inc., Docket No. 2016-1978-AIR-E on December 5, 2017, assessing $5,438 in administrative penalties with $1,087 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Michael Rodriguez dba Oak Acres Mobile Home Park, Docket No. 2016-2089-PWS-E on December 5, 2017, assessing $391 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Elizabeth Harkrider, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Sonora, Docket No. 2017-0014-MLM-E on December 5, 2017, assessing $4,576 in administrative penalties with $915 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Lion Elastomers LLC, Docket No. 2017-0178-AIR-E on December 5, 2017, assessing $7,500 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Nortex RediMix, LLC, Docket No. 2017-0302-AIR-E on December 5, 2017, assessing $938 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ISP Technologies Inc., Docket No. 2017-0316-IWD-E on December 5, 2017, assessing $3,700 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Isaac Ta, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding New Brothers Enterprises Inc dba Sonic Food Mart, Docket No. 2017-0349-PST-E on December 5, 2017, assessing $6,353 in administrative penalties with $1,270 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ALERO ENTERPRISE LLC dba Adam Food Mart, Docket No. 2017-0385-PST-E on December 5, 2017, assessing $5,491 in administrative penalties with $1,098 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie McCurley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Blum, Docket No. 2017-0457-MWD-E on December 5, 2017, assessing $2,750 in administrative penalties with $550 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Knox City, Docket No. 2017-0486-MWD-E on December 5, 2017, assessing $7,000 in administrative penalties with $1,400 deferred. Information concerning any aspect of this order may be obtained by contacting Melissa Castro, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding HFOTCO LLC, Docket No. 2017-0531-AIR-E on December 5, 2017, assessing $4,012 in administrative penalties with $802 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding IMMANUEL ENTERPRISE, INC. dba Fast Trac Food Mart, Docket No. 2017-0585-PST-E on December 5, 2017, assessing $6,129 in administrative penalties with $1,225 deferred. Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Livingston, Docket No. 2017-0613-PWS-E on December 5, 2017, assessing $7,380 in administrative penalties with $1,476 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Jim Wells County Fresh Water Supply District 1, Docket No. 2017-0630-PWS-E on December 5, 2017, assessing $385 in administrative penalties with $77 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding L-3 Communications Integrated Systems L.P., Docket No. 2017-0638-AIR-E on December 5, 2017, assessing $5,026 in administrative penalties with $1,005 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding MOORE WATER SUPPLY CORPORATION, Docket No. 2017-0652-PWS-E on December 5, 2017, assessing $787 in administrative penalties with $157 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding AQEEL BUSINESS, INC. dba Grab N Go 2, Docket No. 2017-0678-PST-E on December 5, 2017, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Barbara M. Whorton dba Whorton Mobile Home Park, Docket No. 2017-0683-PWS-E on December 5, 2017, assessing $510 in administrative penalties with $102 deferred. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding William Emmett Hartzog, Jr. dba Lone Willow MHP-West, Docket No. 2017-0711-PWS-E on December 5, 2017, assessing $165 in administrative penalties with $33 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Cameron, Docket No. 2017-0724-MWD-E on December 5, 2017, assessing $6,600 in administrative penalties with $1,320 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding KM Liquids Terminals LLC, Docket No. 2017-0733-AIR-E on December 5, 2017, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Thomas Thomachen dba Tesmart, Docket No. 2017-0778-PST-E on December 5, 2017, assessing $4,501 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Johnny T. Arroyos dba Johnny Arroyos RV Park, Docket No. 2017-0843-PWS-E on December 5, 2017, assessing $2,297 in administrative penalties with $459 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Asim Shahzad dba Bear Creek Grocery, Docket No. 2017-0852-PST-E on December 5, 2017, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Carlos Molina, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Legacy Reserves Operating LP, Docket No. 2017-0932-AIR-E on December 5, 2017, assessing $2,813 in administrative penalties with $562 deferred. Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding MIDTEX OIL, L.P., Docket No. 2017-0971-PST-E on December 5, 2017, assessing $1,230 in administrative penalties with $246 deferred. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Hill Country Rim Rock Estate, LLC, Docket No. 2017-1256-EAQ-E on December 5, 2017, assessing $938 in administrative penalties with $187 deferred. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201704983

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 6, 2017


Notice of Draft Permit for the Minor Amendment of Underground Injection Control Permit

Permit No. WDW335

Swift Beef Company, P.O. Box 339, Cactus, Texas 79013, has filed an application with the Texas Commission on Environmental Quality (TCEQ) for a minor amendment to the permit to revise the injection well's surveyed location and the upper depths of the injection zone and injection interval, to lower the maximum allowable injection pressure, and to establish a downhole pressure monitoring system. The permitted well is authorized to dispose of nonhazardous wastes generated by the permittee's facility and offsite facilities owned by Swift Beef Company during hide processing and tanning operations. No surface discharge is authorized by this permit. The facility is located at Schroeter Industrial Park, US Highway 287 in Moore County, Texas. The following website which provides an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=36.048333&lng=-102.010833&zoom=13&type=r. For exact location, refer to the application.

The Executive Director of the TCEQ has prepared a draft permit amendment. The application is subject to Commission rules which direct the Executive Director to act on behalf of the Commission and provide authority to the Executive Director to issue final approval on the application for minor amendment to the permit.

The Executive Director will consider public comments in making a final decision on the application for minor amendment to the permits. You may submit written comments to the Office of the Chief Clerk, TCEQ, P.O. Box 13087, Mail Code 105, Austin, Texas 78711-3087. Comments must be received no later than 10 days from the date this notice is mailed. Written comments must include the following: (1) your name (or for a group or association, the name of an official representative), mailing address, daytime phone number, and fax number, if any; and (2) the name of the applicant and the permit number.

The Executive Director may call and conduct public meetings in response to public comment. A public meeting is intended for the taking of public comment, and is not a contested case hearing. The Executive Director shall hold a public meeting when there is a significant degree of public interest in the application. You may request a public meeting up to 10 days after this notice is mailed by contacting the Office of the Chief Clerk, TCEQ, at the address provided above.

Individual members of the public may contact the TCEQ Public Education Program, P.O. Box 13087, Mail Code 108, Austin, Texas 78711-3087, or call Toll Free at (800) 687-4040 to: (a) review or obtain copies of any available documents pertaining to the application, (b) inquire about the information contained in this notice, or (c) inquire about other agency permit applications or permitting processes.

TRD-201704975

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 6, 2017


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is January 18, 2018. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on January 18, 2018. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: Lawrence Bledsoe dba Chemical Sampling Services; DOCKET NUMBER: 2016-0395-IHW-E; TCEQ ID NUMBER: RN108914425; LOCATION: 4407 Halik Street, Suite E 500, Pearland, Brazoria County; TYPE OF FACILITY: wastewater transport, treatment, and disposal services company; RULES VIOLATED: 30 TAC §335.2(a) and (n), by failing to obtain a permit for discharge of industrial solid waste to a publicly-owned treatment works; 40 Code of Federal Regulations (CFR) §262.20(a)(1) and 30 TAC §335.10(a)(1) and (c), by failing to manifest Class 1 waste utilizing a correctly completed Uniform Hazardous Waste Manifest Form; and 40 CFR §262.11 and 30 TAC §§335.62, 335.503(a), and 335.504, by failing to conduct hazardous waste determinations and classifications; PENALTY: $10,750; STAFF ATTORNEY: Elizabeth Lieberknecht, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: STAFFORD RETAIL CENTER, INC. dba Fifth Street Food Mart; DOCKET NUMBER: 2016-1793-PST-E; TCEQ ID NUMBER: RN101435105; LOCATION: 2604 Fifth Street, Stafford, Fort Bend County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; PENALTY: $34,050; STAFF ATTORNEY: Elizabeth Carroll Harkrider, Litigation Division, MC 175, (512) 239-2008; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: ZQS CORPORATION, INC.; DOCKET NUMBER: 2016-1052-PST-E; TCEQ ID NUMBER: RN102714474; LOCATION: 2311 25th Avenue North, Texas City, Galveston County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.48(c) and §334.50(d)(1)(B)(ii), by failing to conduct reconciliation of detailed inventory control records at least once each month sufficiently accurate to detect a release as small as the sum of 1.0 percent of the total substance flow-through for the month plus 130 gallons; 30 TAC §334.48(c) and §334.50(d)(1)(B)(iii)(I), by failing to record inventory volume measurement for the regulated substance inputs, withdrawals, and the amount still remaining in the tanks each operating day; and TWC, §26.3475(d) and 30 TAC §334.49(c)(4), by failing to test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; PENALTY: $9,735; STAFF ATTORNEY: Elizabeth Lieberknecht, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201704963

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 5, 2017


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is January 18, 2018. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on January 18, 2018. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Alfred Chila dba AAA Towing and Repair; DOCKET NUMBER: 2016-2056-MSW-E; TCEQ ID NUMBER: RN109278044; LOCATION: 819 11th Street, Ozona, Crockett County; TYPE OF FACILITY: automotive towing and repair facility; RULES VIOLATED: 40 Code of Federal Regulations §279.22(c)(1) and 30 TAC §324.6, by failing to mark or clearly label used oil containers with the words "Used Oil"; and 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized dumping, disposal, and/or discharge of municipal solid waste, in the form of hydrocarbons; PENALTY: $16,275; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(2) COMPANY: EASTERN DHAKA, INC. dba Tiger Express; DOCKET NUMBER: 2017-0245-PST-E; TCEQ ID NUMBER: RN102240843; LOCATION: 1025 5th Avenue North, Texas City, Galveston County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with out-of-service USTs; RULES VIOLATED: 30 TAC §334.54(b)(1) and (2), by failing to assure that all vent lines are kept open and functioning, and failing to maintain all piping, pumps, manways, tank access points and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; and 30 TAC §334.602(a), by failing to identify and designate for each UST facility at least one named individual for each class of operator - Class A, B, and C; PENALTY: $5,500; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Huong Thi-Thu Dinh and Minh P. Nguyen dba Banana Bend Beach & Park; DOCKET NUMBER: 2016-0430-PWS-E; TCEQ ID NUMBER: RN101903136; LOCATION: 1104 Grace Lane near Highlands, Harris County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.033(d) and 30 TAC §290.109(c)(2)(A)(i), by failing to collect a routine distribution water sample for coliform analysis; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(A) and (f), by failing to collect at least five routine distribution coliform samples the month following a total coliform-positive sample result, and failing to issue public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to collect increased monitoring samples for coliform analysis; and 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to collect routine distribution samples for coliform analysis; PENALTY: $903; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: Kevin W. Keane; DOCKET NUMBER: 2017-0008-LII-E; TCEQ ID NUMBER: RN103648416; LOCATION: 2101 Parker Road, Wylie, Collin County; TYPE OF FACILITY: landscape business; RULES VIOLATED: TWC, §37.003 and 30 TAC §30.5(b), by advertising or representing himself as a holder of a license or registration without possessing a current license or registration or employing an individual who holds a current license; and TWC, §37.003, Texas Occupations Code, §1903.251, and 30 TAC §30.5(a), by failing to hold an irrigator license prior to selling, designing, consulting, installing, altering, repairing, or servicing an irrigation system; PENALTY: $1,197; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201704962

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 5, 2017


Notice of Water Rights Application

Notices issued November 15 and 29, 2017

APPLICATION NO. 13349; Jefferson Railport Terminal 1 (Texas) LLC, 350 Pine Street, Suite 1000, Beaumont, Texas 77701, Applicant, seeks a temporary water use permit to divert and use not to exceed 110 acre-feet of water within a period of one year from a point on the Neches River, Neches River Basin for industrial purposes in Orange County. The application and fees were received on January 26, 2017. Additional information was received on March 30, April 5, and April 10, 2017. The application was declared administratively complete and filed with the Office of the Chief Clerk on May 17, 2017. The Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to, installing a measuring device for diversions. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, TX 78753. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below, by December 8, 2017.

APPLICATION NO. 02-4928A; LMBH Partners, LLC, 8214 Westchester Drive, Suite 550, Dallas, Texas 75225, Applicant, seek to amend Certificate of Adjudication No. 02-4928 to divert and use not to exceed 340 acre-feet of water from a point on Spoonamore Creek, Red River Basin, for storage in Lake Quail Haven for domestic, livestock, wildlife, and recreational purposes, and subsequent diversion and use of up to 200 acre-feet of the 340 acre-feet for agricultural purposes in Fannin County. The application and partial fees were received on November 15, 2013. Additional information and fees were received on March 28, 2014. The application was declared administratively complete and filed with the Office of the Chief Clerk on June 11, 2014. The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include special conditions, including, but not limited to, streamflow restrictions and installing a measuring device at the new diversion points. The application, technical memoranda, and Executive Director's draft amendment are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, TX 78753. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement (I/we) request a contested case hearing; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

TRD-201704976

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 6, 2017


Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on December 1, 2017, in the matter of the Executive Director of the Texas Commission on Environmental Quality v. Quinton E. Logeman; SOAH Docket No. 582-16-1675; TCEQ Docket No. 2015-1783-LIC. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Quinton E. Logeman on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Mehgan Taack, Office of the Chief Clerk, (512) 239-3300.

TRD-201704977

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 6, 2017


Texas Ethics Commission

List of Late Filers

Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report, or filing a late report, in reference to the specified filing deadline. If you have any questions, you may contact Michelle Gonzales at (512) 463-5800.

Deadline: Monthly Report due October 5, 2017 for Committees

Bonita Ocampo, Tarrant County Tejano Democrats, 3803 S. Jones St, Fort Worth, Texas 76110-5512

Deanna Everett Tollerton, Williamson County Young Democrats, 13224 Marrero Dr., Austin, Texas 78729

TRD-201704870

Seana Willing

Executive Director

Texas Ethics Commission

Filed: November 30, 2017


Office of the Governor

Notice of Funding Opportunities

The Homeland Security Grants Division (HSGD) is announcing the following grant funding opportunities for Fiscal Year 2018. Please access the Office of the Governor's eGrants system at https://eGrants.gov.texas.gov and click on CALENDAR to view the funding announcements and application due dates for all available grant programs:

• 2018 State Homeland Security Grant Program (SHSP) - Regular Projects

• 2018 State Homeland Security Grant Program (SHSP) - Law Enforcement Terrorism Prevention Activities (LETPA)

TRD-201704970

Aimee Snoddy

Director

Office of the Governor

Filed: December 5, 2017


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-201704982

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Filed: December 6, 2017


Order Placing AB-CHMINACA, AB-PINACA and THJ-2201 into Schedule I

The Administrator of the Drug Enforcement Administration (DEA) issued a final rule placing N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (Other names: "AB-CHMINACA"); N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (Other names: "AB-PINACA"); and [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone (Other names: "THJ-2201") into Schedule I pursuant to the scheduling provisions of the of the United States Controlled Substances Act (CSA). The final rule was published in the Federal Register, Volume 82, Number 198, pages 47971-47974. This action was based on the following:

1. THJ-2201, AB-PINACA and AB-CHMINACA have a high potential for abuse that is comparable to other schedule I substances such as delta-9-tetrahydrocannabinol and JWH-0108;

2. THJ-2201, AB-PINACA and AB-CHMINACA have no currently accepted medical use in treatment in the United States; and

3. There is a lack of accepted safety for use of THJ-2201, AB-PINACA and AB-CHMINACA under medical supervision.

Pursuant to Section 481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least thirty-one days have expired since notice of the above referenced actions were published in the Federal Register. In the capacity as the Commissioner of the Texas Department of State Health Services, John Hellerstedt, M.D., does hereby order that the substances THJ-2201, AB-PINACA and AB-CHMINACA be placed into Schedule I.

SCHEDULES

Nomenclature: Controlled substances listed in these schedules are included by whatever official, common, usual, chemical, or trade name they may be designated.

SCHEDULE I

-Schedule I hallucinogenic substances

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this Schedule I hallucinogenic substances section only, the term "isomer" includes optical, position, and geometric isomers):

*(70) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (Other names: "AB-CHMINACA");

*(71) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (Other names: "AB-PINACA"); and

*(72) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone (Other names: "THJ-2201").

Changes are denoted by an asterisk *.

TRD-201704981

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Filed: December 6, 2017


Order Temporarily Adding Ortho-Fluorofentanyl, Tetrahydrofuranyl Fentanyl, Methoxyacetyl Fentanyl and FUB-AMB into Schedule I

The Administrator of the Drug Enforcement Administration issued a temporary scheduling order to schedule the synthetic opioids N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: "ortho-fluorofentanyl, 2-fluorofentanyl"); N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: "tetrahydrofuranyl fentanyl"); and 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: "methoxyacetyl fentanyl") into Schedule I of the Controlled Substances Act effective October 26, 2017. This temporary scheduling order was published in the October 26, 2017, issue of the Federal Register, Volume 82, Number 206, pages 49504-49508. The Administrator has taken action based on the following.

1. Ortho-fluorofentanyl, tetrahydrofuranyl fentanyl, and methoxyacetyl fentanyl have a high potential for abuse.

2. Ortho-fluorofentanyl, tetrahydrofuranyl fentanyl, and methoxyacetyl fentanyl have no current accepted medical use in treatment in the United States.

3. There is a lack of accepted safety for use under medical supervision for ortho-fluorofentanyl, tetrahydrofuranyl fentanyl, and methoxyacetyl fentanyl.

4. Control of ortho-fluorofentanyl, tetrahydrofuranyl fentanyl, and methoxyacetyl fentanyl is necessary to avoid an imminent hazard to the public safety.

The Administrator of the Drug Enforcement Administration issued a temporary scheduling order to schedule the synthetic cannabinoid methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: "FUB-AMB, MMB-FUBINACA, AMB-FUBINACA") into Schedule I of the Controlled Substances Act effective November 3, 2017. This temporary scheduling order was published in the November 3, 2017, issue of the Federal Register, Volume 82, Number 212, pages 51154-51158. The Administrator has taken action based on the following.

1. FUB-AMB has a high potential for abuse.

2. FUB-AMB has no current accepted medical use in treatment in the United States.

3. There is a lack of accepted safety for use under medical supervision for FUB-AMB.

4. Control of FUB-AMB is necessary to avoid an imminent hazard to the public safety.

Pursuant to Section 481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least thirty-one days have expired since notice of the above referenced actions were published in the Federal Register. In the capacity as the Commissioner of the Texas Department of State Health Services, John Hellerstedt, M.D., does hereby order that the substances ortho-fluorofentanyl, tetrahydrofuranyl fentanyl, methoxyacetyl fentanyl, and FUB-AMB be placed into Schedule I temporarily listed substances.

SCHEDULE I

--Schedule I temporarily listed substances subject to emergency scheduling by the United States Drug Enforcement Administration.

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of the substance's salts, esters, ethers, isomers, optical isomers, positional isomers, geometric isomers and salts of isomers, esters, and ethers if the existence of the salts, isomers, esters, ethers and salts of isomers, esters and ethers is possible within the specific chemical designation.

*14. N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (Other names: "ortho-fluorofentanyl, 2-fluorofentanyl");

*15. N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (Other name: "tetrahydrofuranyl fentanyl");

*16. 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: "methoxyacetyl fentanyl"); and

*17. methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (Other names: "FUB-AMB, MMB-FUBINACA, AMB-FUBINACA").

Changes to the schedules are marked with an asterisk *.

TRD-201704980

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Filed: December 6, 2017


University of Houston System

Business and Service Review of Pouring Rights

The University of Houston System announces a Request for Proposal (RFP) for consultant services pursuant to Government Code, Chapter 2254, Subchapter B.

RFP783-18005, Business and Service Review of Pouring Rights Contract

Purpose:

The University of Houston System (UHS) Auxiliary Services is seeking competitive responses to a Request for Proposal ("RFP") for a Consultant to provide an independent analysis of its pouring rights and beverage vending contract that incorporates industry best practices and creative solutions that will meet the System's complex needs.

Eligible Applicants:

Consulting firms with related knowledge and experience in:

Firms that have expertise with evaluating pouring rights and beverage vending contracts.

Services to be performed:

* an independent, comprehensive evaluation of the System pouring rights and beverage vending contract

* guidance and assistance in any potential service and technology enhancements related to the pouring rights and beverage contract management

* guidance to the System regarding the business operations of this contract, including a review of contract oversight, such as commission reconciliations, accounting practices, and contract management relative to current terms in the agreement

* development of a comprehensive five year business plan and pro forma for the business operation of the pouring rights contract development of performance indicators that can be used to monitor contract performance from a university perspective and be easily incorporated into our contract management software

* guidance for management policies, procedures, and systems, including support in the event of a potential re-bidding of the System pouring rights and beverage vending contract recommendations to the System including advice to future contract length and terms, as well as financial and operational advice related to this agreement and its oversight.

Finding by Chief Executive Officer, Renu Khator:

After reviewing the current status and discussing this matter with the staff, the evaluation of these services can only be conducted by a firm considered expert in pouring rights and beverage vending contracts. The university believes that using a third-party consultant, who has conducted similar evaluations for universities similar in context and size to universities within the UH System, will provide the System with best practices that can be used to improve the service to our customers. The expertise needed for this evaluation is complex and requires a comprehensive knowledge of national industry trends related to pouring rights agreements. Currently, the Auxiliary Services staff does not have the expertise to complete this evaluation. Thus, it is necessary for the System to engage a consultant to advise it regarding its pouring rights contract and management of this contract, and make recommendations, as appropriate for the improvement of this program.

Review and Award Criteria:

All proposals will be evaluated by appointed representatives of the University in accordance with the following procedures:

Purchasing will receive and review each RFP proposal to ensure it meets the requirements of the RFP. Qualified proposals will be given to the selection committee.

Each member of the selection committee will independently evaluate the qualified proposals according to the criteria in section IX of the RFP, except for price, and send their evaluations to Purchasing. Price will be evaluated by Project Manager.

Purchasing will combine the committee's scores to determine which proposal received the highest combined score.

Purchasing will notify the respondent with the highest score that the University intends to contract with them.

Deadlines: UH must receive proposals according to instructions in the RFP package on or before Tuesday, January 16, 2018, at 2:00 p.m. CDT and the HUB Subcontracting Plan (HSP) on or before Wednesday, January 17, 2018, at 2:00 p.m. CDT.

Obtaining a copy of the RFP: Copies will be available on the Electronic State Business Daily (ESBD) at http://www.txsmartbuy.com/sp.

The sole point of contact for inquiries concerning RFP is:

Jack Tenner

UH Purchasing

5000 Gulf Freeway, ERP 1, Rm.204

Houston, Texas 77204-5015

Phone: (713) 743-5671

Email: jdtenner@central.uh.edu

TRD-201704875

Jackie D. Tenner

Director of Purchasing

University of Houston System

Filed: December 1, 2017


Texas Department of Insurance

Company Licensing

Application to do business in the state of Texas by ISMIE MUTUAL INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Chicago, Illinois.

Application to do business in the state of Texas by FIRST SURETY CORPORATION, a foreign fire and/or casualty company. The home office is in Charleston, West Virginia.

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

TRD-201704978

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: December 6, 2017


Texas Lottery Commission

Scratch Ticket Game Number 2025 "Game of Luck"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2025 is "GAME OF LUCK". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 2025 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2025.

A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket.

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 03, 04, 05, 06, 08, 09, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 2X SYMBOL, 7 SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $500, $1,000, $10,000 and $100,000.

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

Figure 1: GAME NO. 2025 - 1.2D (.pdf)

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2025), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2025-0000001-001.

H. Pack - A Pack of "GAME OF LUCK" Scratch Ticket Game contains 075 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; Tickets 006 to 010 on the next page; etc.; and Tickets 071 to 075 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - A Texas Lottery "GAME OF LUCK" Scratch Ticket Game No. 2025.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "GAME OF LUCK" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 34 (thirty-four) Play Symbols. If the player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "2X" Play Symbol, the player wins DOUBLE the prize for that symbol. If the player reveals a "7" Play Symbol, the player WINS ALL 15 PRIZES INSTANTLY! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

A. To be a valid Scratch Ticket, all of the following requirements must be met:

1. Exactly 34 (thirty-four) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

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

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

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

5. The Scratch Ticket shall be intact;

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

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

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

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

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

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

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

13. The Scratch Ticket must be complete and not miscut, and have exactly 34 (thirty-four) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket;

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

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

16. Each of the 34 (thirty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 34 (thirty-four) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

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

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

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

Programmed Game Parameters.

A. The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.

B. Consecutive Non-Winning Tickets in a Pack will not have matching play data, spot for spot.

C. No matching non-winning YOUR NUMBERS Play Symbols on a Ticket.

D. No matching WINNING NUMBERS Play Symbols on a Ticket.

E. The "2X" (DBL) Play Symbol will only appear on intended winning Tickets as dictated by the prize structure.

F. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 5 and $5).

G. A non-winning Prize Symbol will never match a winning Prize Symbol.

H. A Ticket may have up to three (3) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.

I. When the "7" (WINALL) Play Symbol appears, there will be no occurrence of a YOUR NUMBERS Play Symbol matching a WINNING NUMBERS Play Symbol and, if applicable, no occurrence of any other special features (i.e., auto wins or multipliers) on a Ticket.

J. The "7" (WINALL) Play Symbol will not appear on Non-Winning Tickets.

2.3 Procedure for Claiming Prizes.

A. To claim a "GAME OF LUCK" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "GAME OF LUCK" Scratch Ticket Game prize of $1,000, $10,000 or $100,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "GAME OF LUCK" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch 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 claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct:

1. A sufficient amount from the winnings of a prize winner who has been finally determined to be:

a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;

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

c. in default on a loan guaranteed under Chapter 57, Education Code; and

2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code.

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

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

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

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

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

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

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

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

2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel 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 specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.

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

3.0 Scratch Ticket Ownership.

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

B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 8,040,000 Scratch Tickets in the Scratch Ticket Game No. 2025. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2025 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2025 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket Game closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2025, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-201704964

Bob Biard

General Counsel

Texas Lottery Commission

Filed: December 5, 2017


Scratch Ticket Game Number 2028 "Cinco 5 Spot"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2028 is "CINCO 5 SPOT". The play style is "key symbol match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2028 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2028.

A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket.

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 06, 07, 08, 09, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 5 SYMBOL, 55 SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500, $50,000, COIN SYMBOL, CASH SYMBOL, STAR SYMBOL, GOLD BAR SYMBOL and MONEYBAG SYMBOL.

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

Figure 1: GAME NO. 2028 - 1.2D (.pdf)

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2028), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 2028-0000001-001.

H. Pack - A Pack of the "CINCO 5 SPOT" Scratch Ticket Game contains 125 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One Ticket will be folded over to expose a front and back of one Ticket on each Pack. Please note the books will be in an A, B, C and D configuration.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "CINCO 5 SPOT" Scratch Ticket Game No. 2028.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "CINCO 5 SPOT" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 31 (thirty-one) Play Symbols. If the player reveals a "5" Play Symbol, the player wins the prize for that symbol. If the player reveals a "55" Play Symbol, the player wins DOUBLE the prize for that symbol. BONUS 5 SPOT: If the player reveals a "MONEYBAG" Play Symbol, the player wins $50 instantly! Si el jugador revela un Símbolo de Juego de "5", el jugador gana el premio para ese símbolo. Si el jugador revela un Símbolo de Juego de "55", el jugador gana DOBLE el premio para ese símbolo. BONO DE 5 SPOT: Si el jugador revela un Símbolo de Juego de "BOLSA DE DINERO", el jugador gana $50 al instante! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

A. To be a valid Scratch Ticket, all of the following requirements must be met:

1. Exactly 31 (thirty-one) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

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

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

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

5. The Scratch Ticket shall be intact;

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

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

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

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

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

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

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

13. The Scratch Ticket must be complete and not miscut, and have exactly 31 (thirty-one) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket;

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

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

16. Each of the 31 (thirty-one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 31 (thirty-one) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

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

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

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

Programmed Game Parameters.

A. A Ticket can win up to sixteen (16) times in accordance with the approved prize structure.

B. Adjacent Non-Winning Tickets within a Pack will not have matching Play Symbol and Prize Symbol patterns. Two (2) Tickets have matching Play Symbol and Prize Symbol patterns if they have the same Play Symbols and Prize Symbols in the same spots.

C. The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.

D. The "55" (DBL) Play Symbol will only appear as dictated by the prize structure.

E. Non-winning Play Symbols will all be different.

F. Non-winning Prize Symbols will never appear more than two (2) times.

G. No prize amount in a non-winning spot will correspond with the Play Symbol (i.e., 20 and $20).

H. BONUS 5 SPOT: The "MONEYBAG" (WIN$50) Play Symbol will only appear as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "CINCO 5 SPOT" Scratch Ticket Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "CINCO 5 SPOT" Scratch Ticket Game prize of $50,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "CINCO 5 SPOT" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch 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 claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct:

1. A sufficient amount from the winnings of a prize winner who has been finally determined to be:

a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;

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

c. in default on a loan guaranteed under Chapter 57, Education Code; and

2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code.

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "CINCO 5 SPOT" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "CINCO 5 SPOT" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel 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 specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.

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

3.0 Scratch Ticket Ownership.

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

B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2028. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2028 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2028 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2028, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-201704971

Bob Biard

General Counsel

Texas Lottery Commission

Filed: December 5, 2017


Public Utility Commission of Texas

Notice of Application for a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas on December 1, 2017, for a service provider certificate of operating authority. Applicant intends to provide facilities-based and resale services in the entire State of Texas.

Docket Title and Number: Application of LTS Telecommunications Services (USA) Inc., Docket Number 47821.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than December 21, 2017. Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47821.

TRD-201704916

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 4, 2017


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on November 28, 2017, in accordance with the Texas Water Code.

Docket Style and Number: Application of Goldenrod Estate Homeowners Association, Inc., and Goldenrod Water Supply Corporation for Sale, Transfer, or Merger of Facilities and Certificate Rights in Fort Bend County, Docket Number 47807.

The Application: Goldenrod Estate Homeowners Association, Inc., and Goldenrod Water Supply Corporation (WSC) filed an application for approval of the sale, transfer, or merger of facilities and certificate rights in Fort Bend County. Specifically, Goldenrod Estate Homeowners Association, Inc., seeks approval to transfer all of its water well assets and service area under certificate of convenience and necessity number 12933 to the Goldenrod WSC. The requested area includes approximately 65 acres and 22 current customers.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 47807.

TRD-201704881

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 1, 2017


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (Commission) on December 1, 2017, under the Public Utility Regulatory Act, Tex. Util. Code Ann. §39.154 and §39.158.

Docket Style and Number: Application of Rattlesnake TX, LLC for Approval under §39.158 of the Public Utility Regulatory Act, Docket Number 47827.

The Application: On December 1, 2017, Rattlesnake TX, LLC, a wholly-owned subsidiary of Rattlesnake TX Holdings, LLC filed an application for approval of the issuance of passive equity interests in Rattlesnake to Citicorp North America and MidAmerican Wind Tax Equity Holdings, LLC (collectively, investors). Following the proposed purchase, the combined generation owned and controlled by Rattlesnake, investors, and their respective affiliates totals 1,735.4 MW, which represents approximately 1.86 percent of the total generation capacity in ERCOT.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be sent by mail to P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47827.

TRD-201704956

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 4, 2017


Notice of Application for Service Area Exception

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 1, 2017, to amend a certificate of convenience and necessity for a service area exception within Uvalde, Texas.

Docket Style and Number: Application of Medina Electric Cooperative, Inc. to amend a Certificate of Convenience and Necessity for a Service Area Exception in Uvalde County. Docket Number 47828.

The Application: Medina Electric Cooperative, Inc. filed an application for a service area boundary exception to allow Medina to provide service to a specific customer located within the certificated service area of Bandera Electric Cooperative, Inc. Bandera has provided an affidavit of relinquishment for the proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than December 22, 2017, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the Commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47828.

TRD-201704955

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 4, 2017


Notice of Application to Relinquish a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on November 28, 2017 to relinquish a service provider certificate of operating authority (SPCOA).

Style and Docket Number: Application of MegaPath Corporation to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 47804.

Application: GTT Americas, LLC, as successor in interest to MegaPath Corporation, filed an application to relinquish SPCOA No. 60884 because MegaPath Corporation no longer exists as a corporate entity.

Persons wishing to comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than December 21, 2017. Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47804.

TRD-201704864

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 30, 2017


Notice of Petition for Amendment to Certificate of Convenience and Necessity by Expedited Release

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on November 29, 2017, a petition to amend a certificate of convenience and necessity (CCN) by expedited release in Harris County, Texas.

Docket Style and Number: Petition of BCDE, Ltd. to Amend Aqua Texas, Inc.'s Certificate of Convenience and Necessity in Harris County by Expedited Release, Docket Number 47811.

The Petition: BCDE, Ltd. seeks the expedited release of 64 acres from Aqua Texas, Inc.'s water CCN No. 13203 and sewer CCN No. 21065 in Harris County under Texas Water Code §13.254(a-5) and 16 Texas Administrative Code §24.113(l).

Persons wishing to comment on the action sought should contact the commission no later than December 29, 2017, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47811.

TRD-201704957

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 4, 2017


Notice of Petition for True-Up of Federal Universal Service Fund Impacts to the Texas Universal Service Fund

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on November 30, 2017, for true-up of Federal Universal Service Fund (FUSF) Impacts to the Texas Universal Service Fund (TUSF).

Docket Style and Number: Application of Dell Telephone Cooperative, Inc., for True-Up of 2015 Federal Universal Service Fund Impacts to the Texas Universal Service Fund, Docket Number 47817.

The Application: Dell Telephone Cooperative, Inc., filed a true-up report in accordance with Findings of Fact numbered 6 through 10 of the final Order in Docket Number 45016. In Docket Number 45016 the Commission approved Dell's application to recover funds from the TUSF and ordered a true-up of the FUSF revenue changes. This application addresses Dell's actual FUSF impact for 2015.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47817.

TRD-201704953

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 4, 2017


Teacher Retirement System of Texas

Report of Fiscal Transactions, Accumulated Cash and Securities, and Rate of Return on Assets and Actuary’s Certification of Actuarial Valuation and Actuarial Present Value of Future Benefits

Section 825.108(a) of the Government Code requires the Teacher Retirement System of Texas (TRS) to publish a report in the Texas Register no later than December 15 of each year containing the following information: (1) the retirement system's fiscal transactions for the preceding fiscal year; (2) the amount of the system's accumulated cash and securities; and (3) the rate of return on the investment of the system's cash and securities during the preceding fiscal year.

In addition, §825.108(b) of the Government Code requires TRS to publish a report in the Texas Register no later than March 1 of each year containing the balance sheet of the retirement system as of August 31 of the preceding fiscal year and containing an actuarial valuation of the system's assets and liabilities, including the extent to which the system's liabilities are unfunded.

TRS has published the current reports in the on-line version of this issue as required by §825.108(a) and (b) of the Government Code.

Reports (.pdf)

These reports include the actuarial valuation of the Texas Public School Retired Employees Group Benefits Program (TRS-Care) dated August 31, 2017. This actuarial valuation was prepared for the purposes of complying with the requirements of Statements 43 and 45 of the Governmental Accounting Standards Board (GASB) and chapter 2266 of the Government Code, including Subchapter C of that chapter relating to Other Postemployment Benefits.

TRD-201704959

Brian K. Guthrie

Executive Director

Teacher Retirement System of Texas

Filed: December 4, 2017


Texas Department of Transportation

Aviation Division - Request for Qualifications for Professional Services

The City of Gilmer, through its agent, the Texas Department of Transportation (TxDOT), intends to engage a qualified firm for professional services. This solicitation is subject to 49 U.S.C. §47107(a)(17) and will be administered in the same manner as a solicitation conducted under Chapter 2254, Subchapter A, of the Texas Government Code. TxDOT Aviation Division will solicit and receive qualification statements for professional services as described below:

Airport Sponsor: City of Gilmer Fox Stephens Field/Gilmer Municipal Airport, TxDOT CSJ No. 1719GLMER.

The TxDOT Project Manager is Ben Breck.

Scope: Prepare an Airport Master Plan, which includes, but is not limited to, an inventory of existing conditions, an updated airport forecast for based aircraft and aircraft operations, facility requirements to meet future airside and landside needs, recommended airport development and/or alternatives, financial and environmental impact of future airport development, a capital improvement plan, and an updated Airport Layout Plan. TxDOT will provide survey data to the selected consultant for Airport Layout Plan development. The Airport Master Plan should be tailored to the individual needs of the airport.

The Agent, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE).

The DBE goal is set at 0%.

AVN-551 Preparation Instructions:

Interested firms shall utilize the latest version of Form AVN-551, titled "Qualifications for Aviation Planning Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, (800) 68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-551 template. The AVN-551 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-551. If a prime provider submits more than one AVN-551, or submits a cover letter with the AVN-551, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-551, firms are encouraged to download Form AVN-551 from the TxDOT website as addressed above. Utilization of Form AVN-551 from a previous download may not be the exact same format. Form AVN-551 is a PDF Template.

The completed Form AVN-551 must be received in the TxDOT Aviation eGrants system no later than January 9, 2018, 11:59 p.m. (CDST). Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

Firms that wish to submit a response to this solicitation must be a user in the TxDOT Aviation eGrants system no later than one business day before the solicitation due date. To request access to eGrants, please complete the Contact Us web form located at http://txdot.gov/government/funding/egrants-2016/aviation.html.

Instructions on how to respond to a solicitation in eGrants are available at http://txdot.gov/government/funding/egrants-2016/aviation.html.

Step by step instructions on how to respond to a solicitation in eGrants will also be posted in the RFQ packet at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm.

The consultant selection committee will be composed of Aviation Division staff. The final selection by the committee will generally be made following the completion of review of AVN-551s. The committee will review all AVN-551s and rate and rank each. The evaluation criteria for airport planning projects can be found at http://www.txdot.gov/inside-txdot/division/aviation/projects.html under Information for Consultants. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at (800) 68-PILOT (74568). For procedural questions, please contact Trudy Hill, Grant Manager. For technical questions please contact, Ben Breck.

For questions regarding responding to this solicitation in eGrants, please contact the TxDOT Aviation help desk at (800) 687-4568 or avn-egrantshelp@txdot.gov.

TRD-201704954

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: December 4, 2017