IN ADDITION

Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil

The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of crude oil for reporting period October 2016 is $33.46 per barrel for the three-month period beginning on July 1, 2016, and ending September 30, 2016. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of October 2016, from a qualified low-producing oil lease, is not eligible for a credit on the crude oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period October 2016 is $1.60 per mcf for the three-month period beginning on July 1, 2016, and ending September 30, 2016. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of October 2016, from a qualified low-producing well, is eligible for a 100% credit on the natural gas production tax imposed by Tax Code, Chapter 201.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of October 2016 is $49.84 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of October 2016, from a qualified low-producing oil well.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of October 2016 is $3.06 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of October 2016, from a qualified low-producing gas well.

Inquiries should be submitted to Teresa G. Bostick, Director, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-201605990

Lita Gonzalez

General Counsel

Comptroller of Public Accounts

Filed: November 18, 2016


Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapters 403, 447, 2156, and 2305, Texas Government Code; and related laws, rules and regulations, as amended, the Texas Comptroller of Public Accounts ("Comptroller"), State Energy Conservation Office ("SECO") announces its Request for Proposals No. 219b ("RFP") and invites proposals from qualified, interested engineering firms and individuals to provide professional energy engineering services for the LoanSTAR Revolving Loan Program. The Comptroller reserves the right to award more than one contract under the RFP. If a contract award is made under the terms of this RFP, Contractor will be expected to begin performance of the contract on or about February 3, 2017, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact Joseph Madden, Assistant General Counsel, Contracts, Texas Comptroller of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room 201, Austin, Texas 78774, (512) 305-8673. The Comptroller will make the entire RFP available electronically on the Electronic State Business Daily ("ESBD") at: http://esbd.cpa.state.tx.us after 10:00 a.m. Central Time ("CT") on Friday, December 3, 2016.

Questions: All written questions must be received at the above-referenced address not later than 2:00 p.m. CT on Friday, December 9, 2016. Prospective proposers are encouraged to e-mail Questions to contracts@cpa.texas.gov to ensure timely receipt. On or about Friday, December 16, 2016, Comptroller expects to post responses to questions on the ESBD. Late Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Questions in the Issuing Office.

Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. CT, on Friday, January 6, 2017. Late Proposals will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Proposals in the Issuing Office.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. Comptroller will make the final decision. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or to the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - December 2, 2016, after 10:00 a.m. CT; Questions Due - December 9, 2016, 2:00 p.m. CT; Official Responses to Questions posted -December 16, 2016, or as soon thereafter as practical; Proposals Due - January 6, 2017, 2:00 p.m. CT; Contract Execution - February 3, 2017, or as soon thereafter as practical; Commencement of Services - February 3, 2017, or as soon thereafter as practical.

TRD-201606014

Joseph Madden

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: November 18, 2016


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (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 6, 2017. 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 6, 2017. 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: Aqua Utilities, Incorporated; DOCKET NUMBER: 2016-0939-PWS-E; IDENTIFIER: RN102689163; LOCATION: Ingram, Kerr County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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 §290.45(b)(1)(D)(i) and Texas Health and Safety Code, §341.0315(c), by failing to provide two or more wells having a total capacity of 0.6 gallons per minute per connection; and 30 TAC §290.46(f)(2) and (3)(B)(v) and (E)(iv), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; PENALTY: $570; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: B. C. Y. WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-1470-PWS-E; IDENTIFIER: RN101437713; LOCATION: Tennessee Colony, Anderson County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1), by failing to issue a boil water notification to the customers of the facility within 24 hours of a low pressure event or water outage using the prescribed format in 30 TAC §290.47; PENALTY: $113; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(3) COMPANY: BB and M Interests, Incorporated dba Buds Mart; DOCKET NUMBER: 2016-1292-PST-E; IDENTIFIER: RN102271343; LOCATION: Channelview, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 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 regulated substance within 30 days of discovery; PENALTY: $18,105; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: Bee Creek United Methodist Church; DOCKET NUMBER: 2016-1114-PWS-E; IDENTIFIER: RN104580824; LOCATION: Spicewood, Travis County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report to the executive director (ED) each quarter by the tenth day of the month following the end of each quarter for the second quarter of 2015; 30 TAC §290.109(c)(4)(B), by failing to collect a raw groundwater source Escherichia coli sample from the facility's one active source within 24 hours of notification of a distribution total coliform-positive result on a routine sample for the May 2013, February 2015, and October 2015 monitoring periods; 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites (taps) that were tested and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed for the July 1, 2015 - December 31, 2015, monitoring period; and 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED for the July 1, 2014 - December 31, 2014 and January 1, 2015 - June 30, 2015 monitoring periods; PENALTY: $1,154; ENFORCEMENT COORDINATOR: Sarah Kim, (512) 239-4728; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(5) COMPANY: CAMILLA COVES LOT OWNERS ASSOCIATION, INCORPORATED; DOCKET NUMBER: 2016-1482-PWS-E; IDENTIFIER: RN101228211; LOCATION: Coldspring, San Jacinto County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.46(q)(1) and (2), by failing to issue a boil water notification to the customers of the facility within 24 hours of a low pressure event or water outage using the prescribed format in 30 TAC §290.47(c); 30 TAC §290.42(l), by failing to develop and maintain a thorough and up-to-date plant operations manual for operator review and reference; 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 §290.46(j), by failing to complete a customer service inspection certificate prior to providing continuous service to new construction or any existing service when the water purveyor has reason to believe cross-connections or other potential contamination hazards exist; and 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement that covers the land within 150 feet of Well Numbers 2 and 3; PENALTY: $435; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: Chilton Independent School District; DOCKET NUMBER: 2016-1562-PST-E; IDENTIFIER: RN102849098; LOCATION: Chilton, Falls County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(b), by failing to provide release detection for the suction piping associated with the underground storage tank system; PENALTY: $3,563; ENFORCEMENT COORDINATOR: Larry Butler, (512) 239-2543; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: City of Pelican Bay; DOCKET NUMBER: 2016-1487-WQ-E; IDENTIFIER: RN105564801; LOCATION: Pelican Bay, Tarrant County; TYPE OF FACILITY: small municipal separate storm sewer system; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(a)(9)(i)(A), by failing to maintain authorization to discharge stormwater under a Texas Pollutant Discharge Elimination System General Permit for small municipal separate storm sewer systems; PENALTY: $6,813; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: City of Point; DOCKET NUMBER: 2016-0235-MWD-E; IDENTIFIERS: RN101612984 (East Plant) and RN101720381 (West Plant); LOCATION: Point, Rains County; TYPE OF FACILITIES: wastewater treatment facilities; RULES VIOLATED: 30 TAC §305.125(1) and (17), and §319.7(d), and Texas Pollutant Discharge Elimination System (TPDES) Permit Numbers WQ0010964001 and WQ0010964002, Monitoring and Reporting Requirements Number 1, by failing to timely submit effluent monitoring results at the intervals specified in the permit (East Plant and West Plant); and 30 TAC §305.125(1) and (17) and TPDES Permit Numbers WQ0010964001 and WQ0010964002, Sludge Provisions, by failing to timely submit the annual sludge report for the monitoring period ending July 31, 2015 to the TCEQ Tyler Regional Office and the Enforcement Division by September 30, 2015 (East Plant and West Plant); PENALTY: $3,055; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(9) COMPANY: Clay Water Supply Corporation; DOCKET NUMBER: 2016-1264-PWS-E; IDENTIFIER: RN101188639; LOCATION: Somerville, Burleson 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 a locational running annual average; and 30 TAC §291.76 and TWC, §5.702, by failing to pay regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Necessity Number 12386 for the calendar years 2001, 2003, 2004, 2005, 2006, 2008, 2009, 2011, 2012, 2013, 2014, and 2016; PENALTY: $232; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: CROWN Cork and Seal USA, Incorporated; DOCKET NUMBER: 2016-1413-AIR-E; IDENTIFIER: RN100711118; LOCATION: Conroe, Montgomery County; TYPE OF FACILITY: can manufacturing plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Texas Health and Safety Code, §382.085(b), and Federal Operating Permit Number O1036, General Terms and Conditions, by failing to submit a deviation report within 30 days after the end of the reporting period; PENALTY: $4,575; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(11) COMPANY: DIXIE OIL COMPANY; DOCKET NUMBER: 2016-1532-PST-E; IDENTIFIER: RN100845866; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: common carrier; RULES VIOLATED: 30 TAC §334.5(b)(1)(A) and TWC, §26.3467(d), by failing to deposit a regulated substance into a regulated underground storage tank system that was covered by a valid, current TCEQ delivery certificate; PENALTY: $10,234; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(12) COMPANY: Dylan Roth dba The Grub Sack; DOCKET NUMBER: 2016-1259-PST-E; IDENTIFIER: RN102273513; LOCATION: Scottville, Harrison 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 system; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Steven Stump, (512) 239-1343; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(13) COMPANY: FJ TRADE INCORPORATED dba PMI 1; DOCKET NUMBER: 2016-1108-PST-E; IDENTIFIER: RN102407764; LOCATION: Corpus Christi, Nueces 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: $4,125; ENFORCEMENT COORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(14) COMPANY: Global Stop Management Incorporated dba Breaktime; DOCKET NUMBER: 2016-1353-PST-E; IDENTIFIER: RN102252244; LOCATION: North Richland Hills, Tarrant 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: $3,750; ENFORCEMENT COORDINATOR: Benjamin Sakmar, (512) 239-1704; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Hal Williams Enterprises, LLC; DOCKET NUMBER: 2016-1039-AIR-E; IDENTIFIER: RN106281520; LOCATION: Tyler, Smith County; TYPE OF FACILITY: rock crusher; 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 contaminants; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Tiffany Maurer, (512) 239-2696; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(16) COMPANY: Jim Eanes dba Midway Grocery; DOCKET NUMBER: 2016-1508-PST-E; IDENTIFIER: RN102965480; LOCATION: Rockdale, Milam County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $4,629; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(17) COMPANY: Kickin' A Incorporated; DOCKET NUMBER: 2016-0909-WQ-E; IDENTIFIER: RN107114142; LOCATION: Tolar, Hood County; TYPE OF FACILITY: aggregate production operation (APO); RULES VIOLATED: 30 TAC §342.25(d), by failing to renew the APO registration annually as regulated activities continued; and 30 TAC §281.25(a)(4) and 40 Code of Federal Regulation §122.26(c), by failing to obtain authorization to discharge stormwater associated with industrial activities under Texas Pollutant Discharge Elimination System General Permit Number TXR050000; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: MSBK, LLC dba Exxon Deli; DOCKET NUMBER: 2016-1410-PST-E; IDENTIFIER: RN102252566; LOCATION: Orange, Orange 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: $4,500; ENFORCEMENT COORDINATOR: Larry Butler, (512) 239-2543; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(19) COMPANY: Packaging Services Company, Incorporated; DOCKET NUMBER: 2016-1139-AIR-E; IDENTIFIER: RN100917137; LOCATION: Pearland, Brazoria County; TYPE OF FACILITY: chemical blending and distributions plant; RULES VIOLATED: 30 TAC §116.115(c), Texas Health and Safety Code, §382.085(b), and New Source Review Permit Number 106753, Special Conditions Number 1, by failing to prevent unauthorized emissions; PENALTY: $18,750; Supplemental Environmental Project offset amount of $9,375; ENFORCEMENT COORDINATOR: Tiffany Maurer, (512) 239-2696; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(20) COMPANY: Rita's Convenience Store and Restaurant, LLC; DOCKET NUMBER: 2016-1102-PST-E; IDENTIFIER: RN102447083; LOCATION: Stanton, Martin County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $4,629; ENFORCEMENT COORDINATOR: Steven Stump, (512) 239-1343; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(21) COMPANY: SAMK CORPORATION dba Valero Corner Store 2079; DOCKET NUMBER: 2016-1483-PST-E; IDENTIFIER: RN102372547; LOCATION: Grand Prairie, Tarrant County; TYPE OF FACILITY: retail convenience facility; 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: $6,750; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: San Antonio Steel Company, Limited; DOCKET NUMBER: 2016-1310-PST-E; IDENTIFIER: RN102800786; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tank (UST) for releases at a frequency of at least once every month, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $3,504; ENFORCEMENT COORDINATOR: Rebecca Boyett, (512) 239-2503; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(23) COMPANY: SEIFERT AND SON, INCORPORATED dba Edward J. Seifert Oil; DOCKET NUMBER: 2016-1717-PST-E; IDENTIFIER: RN102032059; LOCATION: Weimar, Colorado County; TYPE OF FACILITY: common carrier and fuel distributor; RULES VIOLATED: 30 TAC §334.5(b)(1)(A) and TWC, §26.3467(d), by failing to deposit a regulated substance into a regulated underground storage tank system that was covered by a valid, current TCEQ delivery certificate; PENALTY: $1,231; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(24) COMPANY: Surjit Singh dba Santa Fe Market; DOCKET NUMBER: 2016-0743-PWS-E; IDENTIFIER: RN101260974; LOCATION: Santa Fe, Galveston County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(f)(3) and Texas Health and Safety Code (THSC), §341.031(a), by failing to comply with the maximum contaminant level for microbial contaminants during the month of September 2015; 30 TAC §290.109(c)(2)(A)(i) and THSC, §341.033(d), by failing to collect routine distribution water samples for coliform analysis during the months of November 2015 - January 2016; 30 TAC §290.109(c)(2)(F), by failing to collect at least five routine distribution coliform samples the month following a total coliform-positive sample result; and 30 TAC §290.109(c)(4)(B), by failing to collect raw groundwater source Escherichia coli samples within 24 hours of being notified of a distribution total coliform-positive result during the months of August 2013 and September 2015; PENALTY: $1,720; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(25) COMPANY: Texas Roadway, Incorporated; DOCKET NUMBER: 2016-1197-PST-E; IDENTIFIER: RN101442960; LOCATION: Arlington, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; and 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: $5,474; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: TRINITY RURAL WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-0914-PWS-E; IDENTIFIER: RN102686755; LOCATION: Trinity, Trinity County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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 §290.110(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 §290.45(f)(1) and (4) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a water purchase contract that authorizes a maximum daily purchase rate, or a uniform purchase rate in the absence of a specified daily purchase rate of at least 0.6 gallons per minute per connection; 30 TAC §290.46(p)(2), by failing to provide the executive director (ED) with a written list of all the operators and operating companies that the public water system employs on an annual basis; 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 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 §290.46(f)(2) and (3)(B)(iv), by failing to maintain water works operation and maintenance records and make them readily available for review by the ED upon request; 30 TAC §290.43(c)(3), by failing to maintain the facility's storage tanks in strict accordance with current American Water Works Association standards with an overflow cover that closes automatically and fits tightly with no gap over 1/16 inch; and 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.20 milligrams per liter of free chlorine throughout the distribution system at all times; PENALTY: $2,609; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(27) COMPANY: WALIA ENTERPRISES, INCORPORATED dba Express 146; DOCKET NUMBER: 2016-1363-PST-E; IDENTIFIER: RN102651361; LOCATION: Bacliff, Galveston 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 (USTs) for releases at a frequency of at least once every month; and 30 TAC §334.49(a)(2) and TWC, §26.3475(d), by failing to ensure that a cathodic protection system is designed, installed, operated, and maintained in a manner that will ensure that corrosion protection is continuously provided to all metal components of the UST system; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Rebecca Boyett, (512) 239-2503; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(28) COMPANY: Worth Doing Right, LLC dba Area A RV Park; DOCKET NUMBER: 2016-1473-PWS-E; IDENTIFIER: RN106710668; LOCATION: Marble Falls, Burnet County; TYPE OF FACILITY: public water supply (PWS); RULES VIOLATED: 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; 30 TAC §290.39(e)(1) and (h)(1) and Texas Health and Safety Code, §341.035(a), by failing to submit plans and specifications to the executive director (ED) for review and approval prior to the construction of a new PWS; and 30 TAC §290.46(f)(2) and (3), by failing to maintain water works operation and maintenance records and make them available to the ED for review during the investigation; PENALTY: $550; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

TRD-201605919

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 18, 2016


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 6, 2017. 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 6, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: Daniel Lopez and Heriberto Lopez d/b/a Brothers Authentic Shop; DOCKET NUMBER: 2016-0378-AIR-E; TCEQ ID NUMBER: RN105696645; LOCATION: 3802 Brazos Avenue, Odessa, Ector County; TYPE OF FACILITY: auto body refinishing shop; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(b), 30 TAC §106.436(5), and Permit by Rule (PBR) Registration Number 89330, by failing conduct spray coating operations in a totally enclosed and filtered spray painting booth; and THSC, §382.085(b), 30 TAC §106.436(16)(B), and PBR Registration Number 89330, by failing to maintain records; PENALTY: $2,500; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: Midland Regional Office, 9900 W IH-20, Suite 100, Midland, Texas 79706-5406, (432) 570-1359.

(2) COMPANY: Joe's & Cho, Inc. d/b/a Joes Future Food Mart; DOCKET NUMBER: 2015-1221-PST-E; TCEQ ID NUMBER: RN101432268; LOCATION: 4225 Miller Avenue, Fort Worth, Tarrant 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), 30 TAC §334.50(b)(1)(A), and TCEQ Agreed Order Docket Number 2013-1777-PST-E, Ordering Provision Number 2.b., 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); PENALTY: $63,000; STAFF ATTORNEY: Jake Marx, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: LGI HOMES-TEXAS, LLC; DOCKET NUMBER: 2016-0354-WQ-E; TCEQ ID NUMBER: RN107228330; LOCATION: Bois D'Arc Road and Senate Street, Manor, Travis County; TYPE OF FACILITY: residential construction development site; RULES VIOLATED: 40 Code of Federal Regulations §122.26(c) and 30 TAC §281.25(a)(4), by failing to maintain authorization to discharge storm water associated with construction activities under Texas Pollutant Discharge Elimination System General Permit Number TXR150000; PENALTY: $7,313; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(4) COMPANY: NAVI, Inc d/b/a The Hitching Post; DOCKET NUMBER: 2016-0576-PST-E; TCEQ ID NUMBER: RN101736007; LOCATION: 411 East San Antonio Street, Marion, Guadalupe 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); PENALTY: $4,500; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: WACO TRUCK & FOOD STOP INC. d/b/a Waco Express Mart; DOCKET NUMBER: 2016-0824-PST-E; TCEQ ID NUMBER: RN102828654; LOCATION: 8309 North State Highway 6, Waco, McLennan County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $5,004; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-201605918

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 18, 2016


Texas Facilities Commission

Request for Proposals #303-8-20586

The Texas Facilities Commission (TFC), on behalf of the Texas Department of Public Safety-Highway Patrol (DPS), announces the issuance of Request for Proposals (RFP) #303-8-20586. TFC seeks a five (5) or ten (10) year lease of approximately 4,031 square feet of office space in Harlingen, Texas.

The deadline for questions is December 20, 2016, and the deadline for proposals is December 30, 2016, at 3:00 p.m. The award date is February 15, 2017. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=129423.

TRD-201605870

Kay Molina

General Counsel

Texas Facilities Commission

Filed: November 16, 2016


Texas Health and Human Services Commission

Public Notice - Texas State Plan for Medical Assistance Amendment

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendment is effective January 1, 2017 and January 1, 2018.

The purpose of this amendment is to update the fee schedules in the current state plan by adjusting fees, rates, or charges for physicians and other practitioners who provide anesthesia services.

The proposed amendment is estimated to result in an aggregate cost savings of $5,523,237 for the remainder of federal fiscal year (FFY) 2017, consisting of $3,102,955 in federal funds and $2,420,282 in state general revenue. For FFY 2018, the estimated cost savings is $17,367,265, consisting of $9,878,500 in federal funds and $7,488,765 in state general revenue. For FFY 2019, the cost savings is $22,686,609, consisting of $12,904,143 in federal funds and $9,782,466 in state general revenue.

The proposed adjustments are being made in accordance with 1 TAC §355.201. Further detail on specific rates and percentage changes is available on the HHSC Rate Analysis website under the first proposed effective date at: http://www.hhsc.state.tx.us/Rad/rate-packets.shtml.

Rate Hearing.A rate hearing was held on October 31, 2016, at 9:00 a.m. in Austin, Texas, and information about the proposed rate changes (including methodology and justification) and the hearing can be found in the September 30, 2016, issue of the Texas Register at pages 7748-7749 at http://www.sos.state.tx.us/texreg/index.shtml.

Copy of Proposed Amendment.Interested parties may obtain a free copy of the proposed amendment or additional information about the amendment by contacting J.R. Top, State Plan Coordinator, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, TX 78711; by telephone at (512) 462-6397; by facsimile at (512) 730-7472; or by e-mail at jr.top@hhsc.state.tx.us. Copies of the proposed amendment will be available for review at the local county offices of the Texas Department of Aging and Disability Services.

Written Comments. Written comments and/or requests to review comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or email:

Texas Health and Human Services Commission

Attention: Rate Analysis

Mail Code H-400

P.O. Box 149030

Austin, Texas 78714-9030

Overnight mail, special delivery mail, or hand delivery

Texas Health and Human Services Commission

Attention: Rate Analysis

Mail Code H-400

Brown-Heatly Building

4900 North Lamar

Austin, Texas 78751

Phone number for package delivery: (512) 730-7401

Fax

Attention: Rate Analysis at (512) 730-7475

Email

RADAcuteCare@hhsc.state.tx.us

TRD-201606004

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: November 18, 2016


Public Notice - Texas State Plan for Medical Assistance Amendments

The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendments are effective January 1, 2017.

The purpose of these amendments is to update the fee schedules in the current state plan by adjusting fees, rates, or charges for the following:

Ambulance Services;

Birthing Center Facility Services;

Case Management Services;

Certified Registered Nurse Anesthetists and Anesthesiologist Assistants;

Clinical Diagnostic Laboratory Services;

Durable Medical Equipment, Prosthetics, Orthotics, and Supplies;

Early and Periodic Screening, Diagnosis, and Treatment Services (EPSDT);

Family Planning Services;

Hearing Aids and Audiometric Evaluations;

Home Health Services;

Indian Health Services;

Licensed Clinical Social Worker Services;

Licensed Professional Counselor Services;

Licensed Marriage and Family Therapist Services;

Physicians and Other Practitioners;

Physician Assistants;

Rehabilitative Chemical Dependency Treatment Facility Services; and

Vision Care Services.

The proposed amendments are estimated to result in an aggregate cost of $1,887,643 for the remainder of federal fiscal year (FFY) 2017, consisting of $1,170,847 in federal funds and $716,796 in state general revenue. For FFY 2018, the estimated cost is $2,618,035, consisting of $1,634,786 in federal funds and $983,249 in state general revenue. For FFY 2019, the estimated cost is $2,697,396, consisting of $1,682,270 in federal funds and $1,015,126 in state general revenue.

Proposed rate adjustments were calculated based on resource-based fee (RBF) methodology and selected access-based fee (ABF) methodologies, as appropriate. All of the proposed adjustments are being made in accordance with 1 TAC §355.201. Further detail on specific rates and percentage changes is available on the HHSC Rate Analysis website under the proposed effective date at: http://legacy-hhsc.hhsc.state.tx.us/rad/rate-packets.shtml.

Rate Hearing.A rate hearing was held on November 16, 2016, at 1:30 p.m. in Austin, Texas, and information about the proposed rate changes (including methodology and justification) and the hearing can be found in the October 21, 2016, issue of the Texas Register at page 8321 at http://www.sos.state.tx.us/texreg/index.shtml.

In addition, a rate hearing will be held on January 11, 2017, in Austin, Texas to address the 2017 Annual Healthcare Common Procedures Coding System (HCPCS) Updates. Once available, information about the proposed rate changes (including methodology and justification) and the hearing will be published in a subsequent issue of the Texas Register at http://www.sos.state.tx.us/texreg/index.shtml.

Copy of Proposed Amendment.Interested parties may obtain a free copy of the proposed amendment or additional information about the amendment by contacting J.R. Top, State Plan Coordinator, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, TX 78711; by telephone at (512) 462-6397; by facsimile at (512) 730-7472; or by e-mail at jr.top@hhsc.state.tx.us. Copies of the proposed amendment will be available for review at the local county offices of the Texas Department of Aging and Disability Services.

Written Comments. Written comments and/or requests to review comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or email:

Texas Health and Human Services Commission

Attention: Rate Analysis

Mail Code H-400

P.O. Box 149030

Austin, Texas 78714-9030

Overnight mail, special delivery mail, or hand delivery

Texas Health and Human Services Commission

Attention: Rate Analysis

Mail Code H-400

Brown-Heatly Building

4900 North Lamar

Austin, Texas 78751

Phone number for package delivery: (512) 730-7401

Fax

Attention: Rate Analysis at (512) 730-7475

Email

RADAcuteCare@hhsc.state.tx.us

TRD-201606005

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: November 18, 2016


Request for Public Comment - Methodology for Determining Caseload Reduction Credit for the Temporary Assistance for Needy Families (TANF) Program for Federal Fiscal Year 2017

The Texas Health and Human Services Commission (HHSC) is seeking comments from the public on its estimate and methodology for determining the Temporary Assistance for Needy Families (TANF) Program caseload reduction credit for Federal Fiscal Year (FFY) 2017. HHSC will base the methodology on caseload reduction occurring from FFY 2005 to FFY 2016. This methodology and the resulting estimated caseload reduction credit will be submitted for approval to the United States Department of Health and Human Services, Administration for Children and Families.

Section 407(b)(3) of the Social Security Act provides for a TANF caseload reduction credit, which gives a state credit for reducing its TANF caseload between a base year and a comparison year. To receive the credit, a state must complete and submit a report that, among other things, describes the methodology and the supporting data that the state used to calculate its caseload reduction estimates. See 45 C.F.R. §261.41(b)(5). And prior to submitting the report, the state must provide the public with an opportunity to comment on the estimate and methodology. See id. §261.41(b)(6).

As the state agency that administers the TANF program in Texas, HHSC believes it is eligible for a caseload reduction credit and has developed the requisite estimate and methodology. HHSC hereby notifies the public of the opportunity to submit comments.

HHSC will post the methodology and the estimated caseload reduction credit on the HHSC website at https://hhs.texas.gov/about-hhs/records-and-statistics/research-and-statistics by December 2, 2016. Written or electronic copies of the methodology and estimate also can be obtained by contacting Ross McDonald, HHSC Texas Works Reporting Team Lead, by telephone at (512) 487-3391.

The public comment period begins December 2, 2016, and ends December 16, 2016. Comments must be in writing and submitted to HHSC either by U.S. mail or electronically. The U.S. mail address is: Texas Health and Human Services Commission, Center for Analytics and Decision Support, Attention: Ross McDonald, MC 1950, P.O. Box 149030, Austin, Texas 78714. The electronic address is: Ross McDonald at ross.mcdonald@hhsc.state.tx.us.

TRD-201605908

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: November 17, 2016


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-201606015

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: November 18, 2016


Texas Department of Housing and Community Affairs

Request for Applications

The Community Affairs Division of the Texas Department of Housing and Community Affairs ("the Department") announces the release of a Request for Applications ("RFA") seeking interested qualified organizations to submit an application to administer the Comprehensive Energy Assistance Program ("CEAP") of the Low-Income Household Energy Assistance Program ("LIHEAP") in Collin, Denton, Hunt, Rockwall, Ellis, Navarro, Anderson, Henderson, Kaufman, Van Zandt, Dimmit, La Salle, and Maverick counties. The Department intends to make one or more awards that will best serve eligible persons through the CEAP in these identified counties.

Interested applicants must meet the requirements set forth in the RFA and must submit a complete application by December 16, 2016, 5:00 p.m. Austin local time. Applications must be submitted electronically and address the requirements of this RFA in order to be considered eligible applications. The application forms contained in this packet and submission instructions are available on the Department's web site at http://www.tdhca.state.tx.us/community-affairs/nofas.htm

If you have questions pertaining to the RFA or application materials, please contact Karen Keith at (512) 475-0471.

TRD-201605896

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: November 17, 2016


Texas Lottery Commission

Scratch Ticket Game Number 1825 "5X the Cash"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1825 is "5X THE CASH". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1825 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1825.

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, 5X SYMBOL, $1.00, $2.00, $5.00, $10.00, $20.00, $40.00, $100 and $5,000.

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. 1825 - 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-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1825), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 1825-0000001-001.

H. Pack - A Pack of the "5X THE CASH" Scratch Ticket Game contains 150 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 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of the Ticket 001 and 010 will be exposed.

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 "5X THE CASH" Scratch Ticket Game No. 1825.

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 "5X THE CASH" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 11 (eleven) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to any the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If a player reveals a "5X" Play Symbol, the player wins five (5) TIMES the prize for that symbol. 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 11 (eleven) 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 11 (eleven) 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 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 11 (eleven) Play Symbols on the 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 5 (five) 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 otherwise restricted by other parameters, play action or prize structure.

D. Non-winning "YOUR NUMBERS" Play Symbols will all be different.

E. The "5X" (TIMES5) Play Symbol will never appear in the "WINNING NUMBER" Play Symbol spot.

F. The "5X" (TIMES5) Play Symbol will only appear as dictated by the prize structure.

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

H. Non-winning Prize Symbol(s) will never be the same as the winning Prize Symbol(s).

I. No prize amount in a non-winning spot will correspond with the "YOUR NUMBERS" Play Symbol (i.e., 10 and $10).

2.3 Procedure for Claiming Prizes.

A. To claim a "5X THE CASH" Scratch Ticket Game prize of $1.00, $2.00, $5.00, $10.00, $20.00, $40.00 or $100, 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 $40.00 or $100 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 "5X THE CASH" Scratch Ticket Game prize of $5,000, 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 "5X THE CASH" 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 "5X THE CASH" 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 "5X THE CASH" 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 30,000,000 Scratch Tickets in Scratch Ticket Game No. 1825. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1825 - 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. 1825 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. 1825, 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-201605872

Bob Biard

General Counsel

Texas Lottery Commission

Filed: November 17, 2016


Scratch Ticket Game Number 1827 "50X the Cash"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1827 is "50X THE CASH". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1827 shall be $10.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1827.

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, 11, 12, 13, 14, 16, 17, 18, 19, 21, 22, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, 43, 5X SYMBOL, 10X SYMBOL, 20X SYMBOL, 50X SYMBOL, $10.00, $15.00, $20.00, $30.00, $75.00, $100, $200, $500, $1,000, $10,000, $50,000 and $1,000,000.

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. 1827 - 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-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1827), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 050 within each Pack. The format will be: 1827-0000001-001.

H. Pack - A Pack of the "50X THE CASH" Scratch Ticket Game contains 050 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 050 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 050 will be shown on the back of the Pack.

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 "50X THE CASH" Scratch Ticket Game No. 1827.

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 "50X THE CASH" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 56 (fifty-six) Play Symbols. If a 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 a player reveals a "5X" Play Symbol, the player wins 5 (five) TIMES the prize for that symbol. If a player reveals a "10X" Play Symbol, the player wins 10 (ten) TIMES the prize for that symbol. If a player reveals a "20X" Play Symbol, the player wins 20 (twenty) TIMES the prize for that symbol. If a player reveals a "50X" Play Symbol, the player wins 50 (fifty) TIMES the prize for that symbol. 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 56 (fifty-six) 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 56 (fifty-six) 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 56 (fifty-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 56 (fifty-six) 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 twenty-five (25) 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 positions.

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

D. Non-winning "YOUR NUMBERS" Play Symbols will all be different.

E. Each Ticket will have six (6) different "WINNING NUMBERS" Play Symbols.

F. Non-winning Prize Symbols will never appear more than four (4) times.

G. The "5X" (TIMES5), "10X" (TIMES10), "20X" (TIMES20) and "50X" (TIMES50) Play Symbols will never appear in the "WINNING NUMBERS" Play Symbol spots.

H. The "5X" (TIMES5), "10X" (TIMES10), "20X" (TIMES20) and "50X" (TIMES50) Play Symbols will only appear as dictated by the prize structure.

I. Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s).

J. No prize amount in a non-winning spot will correspond with the "YOUR NUMBERS" Play Symbol (i.e., 30 and $30).

2.3 Procedure for Claiming Prizes.

A. To claim a "50X THE CASH" Scratch Ticket Game prize of $10.00, $15.00, $20.00, $25.00, $30.00, $75.00, $100, $200 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 $25.00, $30.00, $75.00, $100, $200 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 "50X THE CASH" Scratch Ticket Game prize of $1,000, $10,000, $50,000 or $1,000,000, 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 "50X THE CASH" 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 "50X THE CASH" 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 "50X THE CASH" 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 15,000,000 Scratch Tickets in Scratch Ticket Game No. 1827. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1827 - 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. 1827 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. 1827, 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-201605873

Bob Biard

General Counsel

Texas Lottery Commission

Filed: November 17, 2016


Scratch Ticket Game Number 1829 "100X the Cash"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1829 is "100X THE CASH". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1829 shall be $20.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1829.

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, 11, 12, 13, 14, 16, 17, 18, 19, 21, 22, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 51, 52, 53, 54, 5X SYMBOL, 10X SYMBOL, 20X SYMBOL, 50X SYMBOL, 100X SYMBOL, $10.00, $15.00, $20.00, $30.00, $50.00, $75.00, $100, $200, $500, $1,000, $20,000, $100,000 and $2,500,000.

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. 1829 - 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-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1829), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 025 within each Pack. The format will be: 1829-0000001-001.

H. Pack - A Pack of the "100X THE CASH" Scratch Ticket Game contains 025 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 025 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 025 will be shown on the back of the Pack.

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 "100X THE CASH" Scratch Ticket Game No. 1829.

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 "100X THE CASH" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 66 (sixty-six) Play Symbols. If a 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 a player reveals a "5X" Play Symbol, the player wins 5 (five) TIMES the prize for that symbol. If a player reveals a "10X" Play Symbol, the player wins 10 (ten) TIMES the prize for that symbol. If a player reveals a "20X" Play Symbol, the player wins 20 (twenty) TIMES the prize for that symbol. If a player reveals a "50X" Play Symbol, the player wins 50 (fifty) TIMES the prize for that symbol. If a player reveals a "100X" Play Symbol, the player wins 100 (one hundred) TIMES the prize for that symbol. 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 66 (sixty-six) 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 66 (sixty-six) 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 66 (sixty-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 66 (sixty-six) 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 thirty (30) 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 otherwise restricted by other parameters, play action or prize structure.

D. The $10 and $15 Prize Symbols will only appear on winning Tickets in which the $10 and $15 prizes are part of a winning pattern.

E. Non-winning "YOUR NUMBERS" Play Symbols will all be different.

F. Each Ticket will have six (6) different "WINNING NUMBERS" Play Symbols.

G. Non-winning Prize Symbols will never appear more than three (3) times.

H. The "5X" (TIMES5), "10X" (TIMES10), "20X" (TIMES20), "50X" (TIMES50) and "100X" (TIMES100) Play Symbols will never appear in the "WINNING NUMBERS" Play Symbol spots.

I. The "5X" (TIMES5), "10X" (TIMES10), "20X" (TIMES20), "50X" (TIMES50) and "100X" (TIMES100) Play Symbols will only appear as dictated by the prize structure.

J. Non-winning Prize Symbol(s) will never be the same as the winning Prize Symbol(s).

K. No prize amount in a non-winning spot will correspond with the "YOUR NUMBERS" Play Symbol (i.e., 30 and $30).

2.3 Procedure for Claiming Prizes.

A. To claim a "100X THE CASH" Scratch Ticket Game prize of $20.00, $30.00, $50.00, $100, $200 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 $30.00, $50.00, $100, $200 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 "100X THE CASH" Scratch Ticket Game prize of $1,000, $20,000, $100,000 or $2,500,000, 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 "100X THE CASH" 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 "100X THE CASH" 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 "100X THE CASH" 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 9,000,000 Scratch Tickets in Scratch Ticket Game No. 1829. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1829 - 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. 1829 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. 1829, 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-201605929

Bob Biard

General Counsel

Texas Lottery Commission

Filed: November 18, 2016


Public Utility Commission of Texas

Major Consulting Services Contract

RFP No. 473-16-001681, Project No. 46244

Public Utility Commission of Texas

1701 N. Congress Avenue

Austin, Texas 78711

Point of contact: jay.stone@puc.texas.gov

Publication in Texas Register after entering into major consulting services contract required by Texas Government Code §2254.030.

Contract No. 473-16-001681 to provide technical consulting services assistance in reviewing the change in control filing of energy future holdings corporation.

Consultant:

The Liberty Consulting Group

279 N. Zinns Mill Rd, Suite H

Lebannon, Pennsylvania 17042

Contract No. 473-16-001681, expires November 30, 2020

Compensation: $319,775.00

Reports provided to PUCT on a monthly basis.

TRD-201605916

Adriana Gonzales

Rules Coordinator

Public Utillity Commission of Texas

Filed: November 17, 2016


Notice of Application for Service Area Exception

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on November 15, 2016, to amend a certificated service area for a service area exception within Blanco County, Texas.

Docket Style and Number: Application of Pedernales Electric Cooperative, Inc. for an Amendment to a Certificate of Convenience and Necessity for a Service Area Exception in Blanco County. Docket Number 46575.

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

Persons wishing to comment on the action sought or intervene should contact the commission no later than December 9, 2016, 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 46575.

TRD-201605921

Adriana Gonzales

Rules Coordinator

Public Utility Commssion of Texas

Filed: November 18, 2016


Texas State Soil and Water Conservation Board

Proposed Revision of the State Water Supply Enhancement Plan Available for Public Review and Comment

The Texas State Soil and Water Conservation Board announces the availability of the proposed revision of the State Water Supply Enhancement Plan for public review and comment.

The State Water Supply Enhancement Plan serves as the State's comprehensive strategy for managing brush in all areas of the state where brush is contributing to a substantial water conservation problem. The State Water Supply Enhancement Plan also serves as the programmatic guidance for the Texas State Soil and Water Conservation Board's Water Supply Enhancement Program. The State Water Supply Enhancement Plan is promulgated by the Texas State Soil and Water Conservation Board under the authority of Texas Agriculture Code §203.051.

The State Water Supply Enhancement Plan was last updated and approved in July 2014 and must now be revised in order to comply with Texas Agriculture Code §203.054. The Texas State Soil and Water Conservation Board requests that affected stakeholders review and provide comment on the proposed revision of the State Water Supply Enhancement Plan.

The State Water Supply Enhancement Plan documents the goals, processes, and results the Texas State Soil and Water Conservation Board has established for the Water Supply Enhancement Program, including goals describing the intended use of a water supply enhanced by the Program and the populations that the Program will target. The State Water Supply Enhancement Plan discusses the competitive grant process, the proposal ranking criteria, factors that must be considered in a feasibility study, the geospatial analysis methodology for prioritizing acreage for brush control, how the agency will allocate funding, priority watersheds across the state for water supply enhancement and brush control, how success for the Program will be assessed and reported, and how overall water yield will be projected and tracked.

The Texas State Soil and Water Conservation Board requests that, to the extent possible, comments reference the associated page, chapter, section, and paragraph from the document.

The proposed document is available online at the agency's website: http://www.tsswcb.texas.gov/brushcontrol#plan, or by contacting the agency directly.

The proposed document will be discussed at a public hearing scheduled for January 5, 2017 at 2:30 p.m. at the Texas State Soil and Water Conservation Board headquarters office located at 1497 Country View Lane, Temple, Texas 76504. At the hearing, persons may present suggestions for any changes to the proposed document.

The Texas State Soil and Water Conservation Board will be accepting written comments on the proposed document until January 9, 2017. Comments may be submitted by email to Aaron Wendt at awendt@tsswcb.texas.gov. Please reference "Public comment on State WSE Plan" in the subject line.

After the public hearing and comment period, the Texas State Soil and Water Conservation Board will address comments received and incorporate them into a final State Water Supply Enhancement Plan document that will be considered for adoption in January or March 2017.

TRD-201606019

Mel Davis

Special Projects Coordinator

Texas State Soil and Water Conservation Board

Filed: November 18, 2016


Teacher Retirement System of Texas

Notice of Informal Conference on Chapter 53 Rulemaking

Pursuant to Texas Government Code §2001.031, the Teacher Retirement System of Texas (TRS) intends to hold an informal conference to obtain the opinions and advice of interested persons about contemplated rulemaking related to Title 34, Part 3, Chapter 53 of the Texas Administrative Code.

Chapter 53 concerns certification by companies who offer voluntary 403(b) investment options through salary reduction agreements between public school employees and their local employers pursuant to Article 6228a-5 of Vernon's Civil Statutes entitled "Annuities or Investments for Certain Public Employees; Salary Reductions" ("Art. 6228a-5"). This rulemaking is authorized pursuant to §2001.039 of the Texas Government Code, which concerns the review of existing rules.

The informal conference will be held in Austin on December 12, 2016, at 10:00 a.m., in Room E345 at TRS' headquarters located at 1000 Red River Street. Persons who have special communication or other accommodation needs who are planning to attend the conference should contact Marina Salazar at TRS at (512) 542-6423. Requests should be made as far in advance as possible.

Written comments pertaining to the contemplated rulemaking may be provided at the informal conference or by mail to the Teacher Retirement System of Texas, Attn: 403(b) Program Administrator, 1000 Red River Street, Austin, Texas 78701. Electronic comments may be submitted to 403b@trs.texas.gov. The comment period closes January 13, 2017.

Please note, the purpose of the informal conference is not for TRS staff to discuss or receive individual complaints or grievances regarding individual 403(b) vendors or products. At the informal conference, public comment or input about individual 403(b) vendors or products is generally not allowed. For information on making a complaint regarding a 403(b) product or vendor, please see the TRS web site at https://www.trs.texas.gov/Pages/403b_consumer_concerns.aspx. Consideration of these few limitations is appreciated.

The informal conference is structured for the receipt of oral or written comments to the staff of TRS and not the Board of Trustees. Specifically, TRS staff is interested in the opinions and advice of interested persons on potential improvements to the current 403(b) program, including but not limited to the following issues:

1. Under Section 5(b)(2) of Art. 6228a-5, TRS has rulemaking authority to adopt maximum fees, costs, and penalties that 403(b) certified companies may assess for annuity products. Additionally, TRS has rulemaking authority under Section 8(a) of Art. 6228a-5 to adopt rules for certification of companies selling non-annuity products, which includes rules regarding administrative costs to employees. Consistent with this rulemaking authority, TRS has adopted maximum fees, costs, and penalties in TRS Rule Section 53.3.

Are the maximum fees, costs, and penalties adopted by TRS in TRS Rule Section 53.3 appropriate and competitive in light of both the current 403(b) market and the fees, costs, and penalties charged for other defined contribution products?

Should TRS adopt rules requiring companies to institute and follow a process to ensure that fees, costs, and penalties in aggregate, do not exceed the cap set by the Board of Trustees in TRS Rule 53.3?

2. Under Section 6(c) of Art. 6228a-5, TRS has rulemaking authority to administer Section 5 of Art. 6228a-5. Subsection (f) of Section 5 of Art. 6228a-5 provides that to the greatest degree possible, employers of employees who participate in a 403(b) program shall require that contributions to eligible qualified investments be made by automatic payroll deduction and deposited directly in the investment accounts.

Currently, the TRS rules do not address or require specific routing of contributions made by salary reduction agreement. Should the TRS rules be expanded to address the routing of such contributions?

3. TRS is authorized under Sections 6(c) and 12 of Art. 6228a-5 to adopt rules requiring companies to affirm and demonstrate annually to TRS that each of its representatives are properly licensed and qualified, by training and continuing education, to sell and service the company's eligible qualified investments. Accordingly, TRS Rule Section 53.6(c) requires companies to annually affirm and demonstrate that its employees are properly licensed and qualified.

Should the annual demonstration include a requirement that companies submit records to TRS verifying the representatives' licensed status and the number of continuing education or training hours completed?

4. TRS has rulemaking authority under Section 8(a) of Art. 6228a-5 to adopt financial requirements for companies seeking certification to sell non-annuity products. TRS has adopted financial requirements for non-annuity companies in TRS Rule Section 53.5.

Are the financial requirements for non-annuity companies adopted in TRS Rule Section 53.5 sufficient and appropriate?

5. The 403(b) market in Texas has evolved since 2001 when Art. 6228a-5 was adopted. The statute, and its subsequent amendments, expressly mention certified companies, agents, brokers, custodians, platform companies, and third-party administrators. Other parties such as record keepers, broker dealers, and wholesalers- are not expressly mentioned in the statute but provide services in the 403(b) market or to 403(b) vendors.

To what extent, if any, should the current rules or forms be amended to recognize and address the role of other parties, such as record keepers, broker dealers, and wholesalers in the 403(b) market?

6. TRS has rulemaking authority over the suspension or revocation of a company certification or product registration under Sections 6 and 13 of Art. 6228a-5. Currently, TRS Rule Section 53.19 governs the suspension or revocation of company certification or product registration.

Are TRS' current rules governing suspension and revocation in TRS Rule Section 53.19 sufficient and appropriate?

TRD-201606012

Brian Guthrie

Executive Director

Teacher Retirement System of Texas

Filed: November 18, 2016


Texas Department of Transportation

Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following website:

www.txdot.gov/inside-txdot/get-involved/about/hearings-meetings.html.

Or visit www.txdot.gov, and under How Do I, choose Find Hearings and Meetings, then choose Hearings and Meetings, and then choose Schedule.

Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4500 or 1-800-68-PILOT.

TRD-201605874

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: November 17, 2016


Texas Water Development Board

Request for Applications for Fiscal Year 2017 Agricultural Water Conservation Grants

The Texas Water Development Board (TWDB) solicits a request for applications for Fiscal Year 2017 Agricultural Water Conservation Grants. The total amount of the grants to be awarded under this request for applications by the TWDB shall not exceed $600,000 from the Agricultural Water Conservation Fund. The rules governing the Agricultural Water Conservation Fund (31 Texas Administrative Code, Chapter 367) and application instructions are available upon request from the TWDB.

Summary of the Request for Applications

Solicitation Date (Opening): Date published in the Texas Register

Due Date (Closing): 12:00 p.m., Wednesday, February 15, 2017

Anticipated Award Date: May 2017

Estimated Total Funding: up to $600,000 total

Eligible Grant Amount: up to $200,000 per project, subject to Board approval

Eligible applicants: state agencies and political subdivisions (as defined by 31 Texas Administrative Code, Chapter 367)

Contact: Cameron Turner, Agricultural Water Conservation, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231, Phone: (512) 936-6090, E-mail: cameron.turner@twdb.texas.gov

Agricultural Water Conservation Grant Categories

Applications must be consistent with the format provided in the Agricultural Water Conservation Grant Application Instructions document. Please contact the TWDB if you intend to apply. Applications must be in response to the following grant categories.

1. Water use monitoring equipment

Funding is available in this category for the purchase of equipment designed to monitor irrigation water use. Projects must include the installation of equipment to support the implementation of irrigation conservation water management strategies identified in the most recent applicable regional water plan. Funding recipients must submit annual reports with crop type, acres irrigated, irrigation water use data, and an estimate of water savings for a period of five years following installation of the equipment.

2. Demonstration and technology transfer

Funding is available in this category for projects involving demonstration of agricultural water conservation best management practices. Activities included in each project must consist of field days and technology transfer to support the implementation of irrigation conservation water management strategies identified in the most recent applicable regional water plan. Funding recipients must provide quarterly progress reports and a comprehensive final report upon project completion.

3. Study of irrigation efficiency in Texas

Funding is available in this category for a statewide study of agricultural irrigation efficiency in Texas that will include (1) a county-level assessment of irrigation systems and application efficiencies, (2) a census of the advanced technologies and practices currently utilized across the state both on-farm and in-district, (3) a regional assessment of local funding and participation in existing programs, and (4) identification of programs and funding mechanisms to better facilitate widespread adoption of irrigation conservation strategies identified in the state and regional water plans. The scope of the project should include coordination with local, state, and federal partners to incorporate existing datasets into the analysis. Additional details and the exact scope of the study will be negotiated with the selected applicant(s). Funding recipients must report progress on a quarterly basis and provide a draft and final report upon completion of the project.

Grant Amount

The TWDB is authorized to provide up to $600,000 for Fiscal Year 2017 agricultural water conservation grants from the Agricultural Water Conservation Fund. The TWDB awards these funds through a statewide competitive grants process. The TWDB evaluates all proposals based upon the specific criteria set forth in this solicitation and application instructions. Unless otherwise specified in the individual grant category, eligible expenses typically include the cost of the capital equipment, materials, labor, preparation, installation, or administration directly associated with implementing and completing a conservation program or project. Overhead or indirect costs are not allowed as an eligible expense for reimbursement through the TWDB agricultural water conservation grants.

Application Criteria and Selection Process

Prior to technical review, each application will be screened for completeness and compliance with the provisions of this notice. Incomplete applications and those that do not meet the provisions of this notice may be eliminated from competition. Applications meeting the provisions of this notice will be scored by a technical review panel. 31 TAC Sections 367.8 and 367.9 require that in reviewing an application for an agricultural water conservation grant, the TWDB shall consider the following administrative and technical criteria: commitment of the applicant to agricultural water conservation; benefits that will be gained by making the grant; degree to which the applicant has used other available resources to finance the use for which the application is being made; and the willingness and ability of the applicant to raise revenue and provide matching funds. Prior to approving a grant, the TWDB must find that the grant funds will: supplement rather than replace money of the applicant, and serve the public interest. The TWDB shall include a finding that the grant will assist in the implementation of a water conservation water management strategy identified in the most recent applicable approved regional water plan or state water plan, and further water conservation in the state.

The technical review panel will evaluate the applications using the following criteria: sound and practical approach for implementing project as per the Request for Applications guidelines; application has clear identified tasks, products, and reporting timelines; project staff has the technical expertise needed to carry out the project; and proposed costs estimate (budget) is reasonable and adequately justified. Priority consideration may be given to multi-year projects that promote the adoption of best management practices and water saving innovations; have higher levels of local match; and, include educational components directed at agricultural producers. All applicants must establish a metric for measuring and reporting water savings or improvements in water use efficiency as a direct result of project funding.

Funding and Partial Funding Provisions

The TWDB reserves the right to reject all proposals and make no awards under this announcement. In addition, the TWDB reserves the right to partially fund proposals by funding discrete activities, portions, or phases of a proposed project. TWDB also reserves the right to award funding in an amount greater than the stated limit per project. If the TWDB decides to partially fund a proposal, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the proposal, or portion thereof, was evaluated or selected for award, and that maintains the integrity of the competition and the evaluation/selection process. The TWDB reserves the right to reject parts of, any, or all applications if staff determines that the application(s) does not adequately meet the required criteria or if the funding available is less than the requested funding. The TWDB retains the right to not award contract funds.

Negotiations with Selected Applicants

The applicable scope of work, deliverables, tasks timelines, and contract amount will be negotiated after the TWDB selects the most qualified applicants. Failure to arrive at mutually agreeable terms of a contract with the most qualified applicant shall constitute a rejection of the Board's offer and may result in subsequent negotiations with the next most qualified applicant.

Deadline for Submission of Applications

Applicants must submit six double-sided, double-spaced paper copies and one digital copy of completed applications to the TWDB on or before 12:00 p.m. on Wednesday, February 15, 2017. Applications can be directed either in person to David Carter, Texas Water Development Board, Stephen F. Austin Building, Room 610D, 1700 North Congress Avenue, Austin, Texas, 78701; or by mail to David Carter, Texas Water Development Board, P.O. Box 13231- Capitol Station, Austin, Texas 78711-3231.

Application instructions are available upon request from Cameron Turner, (512) 936-6090, cameron.turner@twdb.texas.gov, or online at http://www.twdb.texas.gov

TRD-201606003

Todd Chenoweth

Interim General Counsel

Texas Water Development Board

Filed: November 18, 2016