IN ADDITION

Office of the Attorney General

Fiscal Year 2017 Exemptions Granted

Government Code §552.262(a) authorizes the attorney general to adopt cost rules for governmental bodies to use in determining charges for providing public information under the Public Information Act, chapter 552 of the Government Code. The attorney general's cost rules are found at 1 TAC §§70.1 - 70.12. Government Code §552.262(c) permits a governmental body to request that it be exempt from all or part of the attorney general's cost rules. Government Code §552.262(d) requires the attorney general to publish annually a list of the governmental bodies that are granted exemptions from the attorney general's cost rules and authorized to adopt modified rules for determining charges for providing public information. Therefore, the attorney general publishes the following table of exemptions granted to date for Fiscal Year 2017 (September 1, 2016 through August 31, 2017):

Fiscal Year 2017 Exemptions Granted (.pdf)

TRD-201700428

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: January 31, 2017


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/06/17 - 02/12/17 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/06/17 - 02/12/17 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-201700430

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 31, 2017


Court of Criminal Appeals

Misc. Docket Number 17-001 and Misc. Docket Number 17-9007 Final Order Adopting Amendments to Texas Rules of Appellate Procedure 9.4, 72.2, and 73.7

ORDERED that:

1. By order dated December 1, 2016, in Misc. Docket No. 16-005, the Court of Criminal Appeals adopted amendments to Rules of Appellate Procedure 9.4, 72.2, and 73.7, effective February 1, 2017. The comment period having expired, no revisions to the rules have been made. This is the final order adopting the rules as amended.

2. The Clerk is directed to:

a. file a copy of this order with the Secretary of State;

b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;

c. send a copy of this order to each elected member of the Legislature; and

d. submit a copy of the order for publication in the Texas Register.

Dated: January 23, 2017.

___________________________

Sharon Keller, Presiding Judge

___________________________

Kevin P. Yeary, Judge

___________________________

Michael Keasler, Judge

___________________________

David Newell, Judge

___________________________

Barbara Hervey, Judge

___________________________

Mary Lou Keel, Judge

___________________________

Elsa Alcala, Judge

____________________________

Scott Walker, Judge

____________________________

Bert Richardson, Judge

9.4. Form....

(i) Length. . . .

(D) A petition and response in an original proceeding in the Supreme Court and the Court of Criminal Appeals, except for petitions and responses in an original proceeding in a case in which the death penalty has been assessed, a petition for review and response in the Supreme Court, a petition for discretionary review in the Court of Criminal Appeals, and a motion for rehearing and response in an appellate court: 4,500 words if computer-generated, and 15 pages if not.

(E) A reply to a response to a petition for review in the Supreme Court, a reply to a response to a petition in an original proceeding in the Supreme Court and the Court of Criminal Appeals, except a reply to a response in an original proceeding in a case in which the death penalty has been assessed, and a reply to a petition for discretionary review in the Court of Criminal Appeals: 2,400 words if computer-generated, and 8 pages if not.

(F) A petition and response in an original proceeding in the Court of Criminal Appeals in a case in which the death penalty has been assessed: 9,000 words if computer-generated, and 30 pages if not.

(G) A reply to a response to a petition in an original proceeding in the Court of Criminal Appeals in a case in which the death penalty has been assessed: 4,800 words if computer- generated, and 16 pages if not.

72.2. Disposition

If five judges tentatively believe that the case should be filed and set for submission, the motion for leave will be granted and the case will then be handled and disposed of in accordance with Rule 52.8. If the motion for leave is denied, no motions for rehearing or reconsideration will be entertained. But the Court may, on its own initiative, reconsider a denial of a motion for leave.

Rule 73. Postconviction Applications for Writs of Habeas Corpus....

Rule 73.7. New Evidence After Application Forwarded to Court of Criminal Appeals

If an Article 11.07 or 11.071 application has been forwarded to this Court, and a party wishes this Court to consider evidence not filed in the trial court, then the party must comply with the following procedures or the evidence will not be considered.

(a) If the Court of Criminal Appeals has received an Article 11.07 or 11.071 application from the district clerk of the county of conviction and has filed and set the application for submission, a party has two options:

(1) The party may file the evidence directly in the Court of Criminal Appeals with a motion for the Court of Criminal Appeals to consider the evidence. In this motion, the party should describe the evidence, explain its evidentiary value, and state why compelling and extraordinary circumstances exist for the Court of Criminal Appeals to consider the evidence directly. The moving party must immediately serve copies of the motion and the evidence the party seeks to file on the other party or parties in the case. If the Court of Criminal Appeals grants this motion, the Court will consider the evidence in its review of the application. The Court of Criminal Appeals will grant such a motion only if the Court concludes the circumstances are truly exceptional.

(2) The party may file in the Court of Criminal Appeals a motion to supplement the record in the trial court. In this motion, the party should describe the evidence the party intends to file, explain its evidentiary value, and state why the evidence could not have been filed in the trial court before the Court of Criminal Appeals filed and set the application for submission. The moving party must immediately serve copies of the motion and the evidence the party seeks to file on the other party or parties in the case. If the Court of Criminal Appeals grants the motion, the party may file the evidence with the district clerk of the county of conviction, and should attach a copy of the motion to supplement and the Court of Criminal Appeals’ order granting said motion. The district clerk shall immediately send a copy of the filed materials to the trial judge assigned to the habeas case and to the other party or parties in the case, and otherwise comply with the procedures set out in Rule 73.4(b) of these rules.

(b) If the Court of Criminal Appeals has received an Article 11.07 or 11.071 application from the district clerk of the county of conviction, but the Court has not yet filed and set the application for submission, the party must file in the Court of Criminal Appeals a motion to stay the proceedings pending the filing of the evidence in the trial court. In this motion, the party should describe the evidence the party intends to file and explain its evidentiary value. The moving party must immediately serve copies of the motion and the evidence the party seeks to file on the other party or parties in the case. If the Court of Criminal Appeals grants the motion, the Court will specify a designated time frame for the party to file the evidence with the district clerk of the county of conviction. The party should attach a copy of the motion to stay proceedings and the Court of Criminal Appeals’ order granting said motion to the evidentiary filing. The district clerk of the county of conviction shall immediately send a copy of the filed materials to the trial judge assigned to the habeas case and to the other party or parties in the case, and otherwise comply with the procedures set out in Rule 73.4(b) of these rules.

Comment to 2017 change: Rule 73.7 is added. This rule only applies after an Article 11.07 or 11.071 application has been forwarded to the Court of Criminal Appeals. If an Article 11.07 or 11.071 application is pending in the trial court and has not been forwarded to the Court of Criminal Appeals, a party may file additional evidentiary materials with the district clerk of the county of conviction without filing any special motion in the Court of Criminal Appeals or the trial court. But the district clerk of the county of conviction still must immediately send a copy of the filed materials to the trial judge assigned to the habeas case and to the other party or parties in the case, and otherwise comply with the procedures set out in Rule 73.4(b) of these rules.

TRD-201700422

Abel Acosta

Clerk

Court of Criminal Appeals

Filed: January 30, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 14, 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 March 14, 2017. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: Blanco Shell, LLC dba EZ to Stop; DOCKET NUMBER: 2016-1616-PST-E; IDENTIFIER: RN102375177; LOCATION: Blanco, Blanco County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $2,567; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(2) COMPANY: City of Premont; DOCKET NUMBER: 2016-1513-AIR-E; IDENTIFIER: RN102903135; LOCATION: Premont, Jim Wells County; TYPE OF FACILITY: portable trench burner; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Texas Health and Safety Code, §382.085(b), and Federal Operating Permit Number O3248/General Operating Permit Number 518, Terms and Conditions (b)(4)(D), by failing to submit a permit compliance certification within 30 days after the end of the certification period; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(3) COMPANY: DOG RIDGE WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-1713-PWS-E; IDENTIFIER: RN101191153; LOCATION: Belton, Bell County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to operate the disinfection equipment to maintain a minimum disinfectant residual of 0.2 milligrams per liter (mg/L) free chlorine or 0.5 mg/L total chlorine throughout the distribution system at all times; 30 TAC §290.110(c)(4)(B), by failing to monitor the disinfectant residual at representative locations in the distribution system at least once per day; 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the 3,000 gallon pressure tank located at the Colinas Del Lago plant; and 30 TAC §290.46(e)(3)(C), by failing to use at least two operators who hold a Class C or higher license and who each work at least 16 hours per month at the public water system's treatment or distribution facilities for purchased water systems; PENALTY: $1,260; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: HANDY SHOP INCORPORATED; DOCKET NUMBER: 2016-0953-PST-E; IDENTIFIER: RN102383783; LOCATION: San Antonio, Bexar 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: $3,563; ENFORCEMENT COORDINATOR: Had Darling, (512) 239-2520; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Kacy Patel and Vaghela Vajubhai dba Kwik Pik Food Store 9; DOCKET NUMBER: 2016-2002-PST-E; IDENTIFIER: RN101556058; LOCATION: Grand Prairie, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month; 30 TAC §334.51(a)(6), by failing to assure that all spill and overfill prevention devices installed are maintained in good operating condition, and that such devices are inspected and serviced in accordance with the manufacturer's specifications; and 30 TAC §334.49(a)(4), by failing to provide corrosion protection to all underground metal components of an UST system which is used to convey or contain regulated substances; PENALTY: $6,251; ENFORCEMENT COORDINATOR: Steven Stump, (512) 239-1343; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Kiewit Offshore Services, Limited; DOCKET NUMBER: 2016-1167-AIR-E; IDENTIFIER: RN102905064; LOCATION: Ingleside, San Patricio County; TYPE OF FACILITY: steel structure fabrication plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Texas Health and Safety Code (THSC), §382.085(b), and Federal Operating Permit (FOP) Number O3343, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 8, by failing to submit a Permit Compliance Certification within 30 days after the end of the certification period; 30 TAC §122.143(4) and §122.145(2)(A) and (C), THSC, §382.085(b), and FOP Number O3343, GTC, by failing to submit a deviation report within 30 days after the end of the reporting period and to report all instances of deviations; 30 TAC §122.143(4) and §122.145(2)(C), THSC, §382.085(b), and FOP Number O3343, GTC, by failing to submit a deviation report within 30 days after the end of the reporting period; 30 TAC §116.115(c) and §122.143(4), THSC, §382.085(b), New Source Review (NSR) Permit Number 47227, Special Conditions (SC) Numbers 7.F(7) and 9.G(7), and FOP Number O3343, GTC and STC Number 5, by failing to record maintenance and/or repairs made to the shrouds used for surface coating and abrasive blasting operations; 30 TAC §116.115(c) and §122.143(4), THSC, §382.085(b), NSR Permit Number 47227, SC Number 9.B, and FOP Number O3343, GTC and STC Number 5, by failing to accurately record the pressure drop across the filter cloth of the dust collector system; and 30 TAC §116.115(c) and §122.143(4), THSC, §382.085(b), NSR Permit Number 47227, SC Number 7.D, and FOP Number O3343, STC Number 5, by failing to comply with the surface coating usage rate limit; PENALTY: $16,577; Supplemental Environmental Project offset amount of $6,631; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(7) COMPANY: MDW Enterprises, LLC dba Brookside Grocery; DOCKET NUMBER: 2016-1643-PST-E; IDENTIFIER: RN104004239; LOCATION: Brookside Village, Brazoria 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; 30 TAC §334.602(a), by failing to identify and designate for the UST facility at least one named individual for each class of operator - Class A, Class B, and Class C; 30 TAC §334.51(b)(2)(B)(i) and (ii) and TWC, §26.3475(c)(2), by failing to have a spill container or catchment basin that is liquid-tight; 30 TAC §334.49(b)(2) and TWC, §26.3475(d), by failing to protect from corrosion all components of an UST system which are designed to convey, contain, or store regulated substances by electrically isolating the components from the corrosive elements of the surrounding soil, backfill, groundwater, or any other water, and from other metallic components by installing the component in an open area where periodic visual inspection of all parts of the component for the presence of corrosion or released substances is practicable; 30 TAC §334.42(i) and TWC, §26.3475(c)(2), by failing to inspect all sumps, including dispenser sumps, manways, overspill containers or catchment basins associated with an UST system at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid-tight and free of any liquid or debris; and 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $9,105; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(8) COMPANY: Meadowland Utility Corporation; DOCKET NUMBER: 2016-0132-MWD-E; IDENTIFIER: RN102815198; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0013632001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; PENALTY: $23,375; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: OLDEN WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-1943-PWS-E; IDENTIFIER: RN101459303; LOCATION: Olden, Eastland County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $172; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(10) COMPANY: Oxy Vinyls, LP; DOCKET NUMBER: 2016-1519-AIR-E; IDENTIFIER: RN100225879; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: petrochemical plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Texas Health and Safety Code, §382.085(b), Federal Operating Permit Number O3018, Special Terms and Conditions Number 15, and New Source Review Permit Number 4673B, Special Conditions Number 1, by failing to prevent unauthorized emissions; PENALTY: $7,237; Supplemental Environmental Project offset amount of $2,895; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(11) COMPANY: PETROLEUM TRANSPORT, INCORPORATED; DOCKET NUMBER: 2016-1937-PST-E; IDENTIFIER: RN104565056; LOCATION: Lubbock, Lubbock County and Muleshoe, Bailey 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: $2,607; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(12) COMPANY: Stolthaven Houston, Incorporated; DOCKET NUMBER: 2016-1332-IWD-E; IDENTIFIER: RN100210475; LOCATION: Houston, Harris County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and §319.5(b) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0003129000, Monitoring and Reporting Requirements Number 1, Outfall Number 001, by failing to collect and analyze effluent samples at the required frequency; and TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ0003129000, Effluent Limitations and Monitoring Requirements Number 1, Outfall Numbers 001 and 003, by failing to comply with permitted effluent limitations; PENALTY: $80,375; Supplemental Environmental Project offset amount of $40,187; ENFORCEMENT COORDINATOR: James Boyle, (512) 239-2527; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(13) COMPANY: TRI-COUNTY POINT PROPERTY OWNERS ASSOCIATION; DOCKET NUMBER: 2016-1843-PWS-E; IDENTIFIER: RN101248391; LOCATION: Palacios, Jackson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3) and §290.122(c)(2)(A) and (f), by failing to submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the executive director (ED) each quarter by the tenth day of the month following the end of the quarter and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR; 30 TAC §290.109(c)(4)(B) and §290.122(c)(2)(A) and (f), by failing to collect a raw groundwater source Escherichia coli sample from each active source within 24 hours of being notified of a distribution total coliform-positive result and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect a raw groundwater sample; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect the required number of routine coliform samples; PENALTY: $507; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(14) COMPANY: WADECO SPECIALTIES, LLC dba Select Technologies; DOCKET NUMBER: 2016-1957-IHW-E; IDENTIFIER: RN106765431; LOCATION: Yorktown, DeWitt County; TYPE OF FACILITY: blending site for chemical products; RULES VIOLATED: 30 TAC §335.2(b) and 40 Code of Federal Regulations §270.1(c), by failing to not cause, suffer, allow, or permit the disposal of industrial solid waste at an unauthorized facility; PENALTY: $3,097; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

TRD-201700425

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 31, 2017


Enforcement Orders

An agreed order was adopted regarding Rayburn Country Municipal Utility District, Docket No. 2015-1312-MWD-E on January 31, 2017, assessing $2,025 in administrative penalties with $405 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding 7-ELEVEN, INC., Docket No. 2015-1500-MLM-E on January 31, 2017, assessing $7,304 in administrative penalties with $1,460 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding G & S CONCRETE, INC., Docket No. 2015-1756-WQ-E on January 31, 2017, assessing $1,350 in administrative penalties with $270 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Calpine Hidalgo Energy Center, L.P., Brownsville Public Utilities Board, and Calpine Operating Services Company, Inc., Docket No. 2016-0321-IWD-E on January 31, 2017, assessing $4,837 in administrative penalties with $967 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Bandera, Docket No. 2016-0351-PWS-E on January 31, 2017, assessing $1,400 in administrative penalties with $280 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding FOSTER CONSOLIDATED INVESTMENTS, L.L.C., Docket No. 2016-0367-PWS-E on January 31, 2017, assessing $520 in administrative penalties with $104 deferred. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding GRAND CASTLE WATER SUPPLY CORPORATION, Docket No. 2016-0459-PWS-E on January 31, 2017, assessing $250 in administrative penalties with $50 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of O'Donnell, Docket No. 2016-0629-MLM-E on January 31, 2017, assessing $553 in administrative penalties with $110 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Living Rock Academy, Docket No. 2016-0679-EAQ-E on January 31, 2017, assessing $2,813 in administrative penalties with $562 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding HARROLD WATER SUPPLY CORPORATION, Docket No. 2016-0706-PWS-E on January 31, 2017, assessing $620 in administrative penalties with $124 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Alberto C. Loredo dba Loredo Trucking, Docket No. 2016-0720-WQ-E on January 31, 2017, assessing $5,000 in administrative penalties with $1,000 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Yeti Group, LLC dba Mansell Grocery & Feed, Docket No. 2016-0767-PST-E on January 31, 2017, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding CHRISTUS HEALTH, Docket No. 2016-0858-PST-E on January 31, 2017, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Aqua Utilities, Inc., Docket No. 2016-0913-PWS-E on January 31, 2017, assessing $383 in administrative penalties with $76 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ALISOOR BUSINESS INC dba Big Star Food Mart, Docket No. 2016-0977-PST-E on January 31, 2017, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding The Moore's Mill LLC, Docket No. 2016-0993-PST-E on January 31, 2017, assessing $2,438 in administrative penalties with $487 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding BSRP ENTERPRISES INC dba Handi Stop, Docket No. 2016-1013-PST-E on January 31, 2017, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Texas Department of Criminal Justice, Docket No. 2016-1024-MWD-E on January 31, 2017, assessing $3,675 in administrative penalties with $735 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Ross Midland LLC dba Avion Flight Centre South Fuel Farm, Docket No. 2016-1042-PST-E on January 31, 2017, assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding KING-MESA, INC., Docket No. 2016-1053-PST-E on January 31, 2017, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding PARAMOUNT CORPORATION dba Quik Pantry, Docket No. 2016-1058-PST-E on January 31, 2017, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding John P. Seymour dba Special Waste Management, Docket No. 2016-1083-MSW-E on January 31, 2017, assessing $3,603 in administrative penalties with $720 deferred. Information concerning any aspect of this order may be obtained by contacting Rebecca Boyett, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Rita's Convenience Store and Restaurant, LLC, Docket No. 2016-1102-PST-E on January 31, 2017, assessing $4,629 in administrative penalties with $925 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Stump, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding FJ TRADE INC dba PMI 1, Docket No. 2016-1108-PST-E on January 31, 2017, assessing $4,125 in administrative penalties with $825 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding IIA INVESTMENTS, INC. dba Food Mart, Docket No. 2016-1136-PST-E on January 31, 2017, assessing $4,125 in administrative penalties with $825 deferred. Information concerning any aspect of this order may be obtained by contacting Benjamin Sakmar, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Avenue UltraCon, Inc. dba Avenue Drive In, Docket No. 2016-1152-PST-E on January 31, 2017, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Holly Kneisley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding A DEEL'S BUSINESS INC. dba Kwick Korner Shell, Docket No. 2016-1223-PST-E on January 31, 2017, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding N & D MEKHAIL ENTERPRISES, INC., Docket No. 2016-1230-PST-E on January 31, 2017, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding YOONIECHO'S FAMILY INC. dba Dixie Station, Docket No. 2016-1245-PST-E on January 31, 2017, assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ELICO STORE INC. dba ELICO STOP, Docket No. 2016-1257-PST-E on January 31, 2017, assessing $3,878 in administrative penalties with $775 deferred. Information concerning any aspect of this order may be obtained by contacting Benjamin Sakmar, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Dylan Roth dba The Grub Sack, Docket No. 2016-1259-PST-E on January 31, 2017, assessing $2,438 in administrative penalties with $487 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Stump, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Aalmin Corporation dba Maxi Food Mart, Docket No. 2016-1261-PST-E on January 31, 2017, assessing $4,125 in administrative penalties with $825 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding AGRA Properties, LLC dba Jimbos Food Mart, Docket No. 2016-1262-PST-E on January 31, 2017, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Lon J. Phean dba Olas Country Store, Docket No. 2016-1286-PST-E on January 31, 2017, assessing $6,000 in administrative penalties with $1,200 deferred. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding LIZER ENTERPRISES, INC. dba Lizer Food Mart, Docket No. 2016-1293-PST-E on January 31, 2017, assessing $7,500 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting Benjamin Sakmar, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Channelview Independent School District, Docket No. 2016-1294-PST-E on January 31, 2017, assessing $7,125 in administrative penalties with $1,425 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding San Antonio Steel Company, Ltd., Docket No. 2016-1310-PST-E on January 31, 2017, assessing $3,504 in administrative penalties with $700 deferred. Information concerning any aspect of this order may be obtained by contacting Rebecca Boyett, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Scottsville, Docket No. 2016-1312-PWS-E on January 31, 2017, assessing $625 in administrative penalties with $125 deferred. Information concerning any aspect of this order may be obtained by contacting James Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Maharaj Enterprise, LLC dba SA Randolph Express, Docket No. 2016-1334-PST-E on January 31, 2017, assessing $3,000 in administrative penalties with $600 deferred. Information concerning any aspect of this order may be obtained by contacting Rebecca Boyett, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding NEW MART CORPORATION dba Speedy Stop, Docket No. 2016-1337-PST-E on January 31, 2017, assessing $3,563 in administrative penalties with $712 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Grand Prairie, Docket No. 2016-1341-PST-E on January 31, 2017, assessing $6,751 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding HIGHLAND LAKES, INC. dba Highland Lakes Chevron, Docket No. 2016-1347-PST-E on January 31, 2017, assessing $5,175 in administrative penalties with $1,035 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding OPM TEXAS INVESTMENTS, LLC dba Palmetto Food Mart, Docket No. 2016-1348-PST-E on January 31, 2017, assessing $1,301 in administrative penalties with $260 deferred. Information concerning any aspect of this order may be obtained by contacting Austin Henck, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding SRC Ventures Inc dba Trinity Food Mart, Docket No. 2016-1350-PST-E on January 31, 2017, assessing $813 in administrative penalties with $162 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding John Hunter dba Hunter Texaco, Docket No. 2016-1362-PST-E on January 31, 2017, assessing $2,438 in administrative penalties with $487 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding WALIA ENTERPRISES, INC dba Express 146, Docket No. 2016-1363-PST-E on January 31, 2017, assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Rebecca Boyett, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Victor Beer & Wine LLC, Docket No. 2016-1383-PST-E on January 31, 2017, assessing $2,438 in administrative penalties with $487 deferred. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding BIC C, L.L.C. dba Bic C Food Mart, Docket No. 2016-1409-PST-E on January 31, 2017, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Melissa Castro, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding MSBK, LLC dba Exxon Deli, Docket No. 2016-1410-PST-E on January 31, 2017, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding CROWN Cork & Seal USA, Inc., Docket No. 2016-1413-AIR-E on January 31, 2017, assessing $4,575 in administrative penalties with $915 deferred. Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ADVANCE PETROLEUM DISTRIBUTING COMPANY, INC. dba Automated Fueling 81, Docket No. 2016-1423-PST-E on January 31, 2017, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Benjamin Sakmar, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ALL SEASONS CORNER, LLC, Docket No. 2016-1428-PST-E on January 31, 2017, assessing $4,125 in administrative penalties with $825 deferred. Information concerning any aspect of this order may be obtained by contacting Anthony Rios, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding East Texas Convenience, LLC dba Villager Grocery, Docket No. 2016-1446-PST-E on January 31, 2017, assessing $3,563 in administrative penalties with $712 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie McCurley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding VRV CORPORATION dba Kennedale Filling Station, Docket No. 2016-1449-PST-E on January 31, 2017, assessing $6,142 in administrative penalties with $1,228 deferred. Information concerning any aspect of this order may be obtained by contacting Benjamin Sakmar, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Steve Hedrick dba Delta Steel DFW, Docket No. 2016-1459-PST-E on January 31, 2017, assessing $3,516 in administrative penalties with $703 deferred. Information concerning any aspect of this order may be obtained by contacting Anthony Rios, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Worth Doing Right, LLC dba Area A RV Park, Docket No. 2016-1473-PWS-E on January 31, 2017, assessing $550 in administrative penalties with $110 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Penske Truck Leasing Co., L.P., Docket No. 2016-1497-PST-E on January 31, 2017, assessing $5,834 in administrative penalties with $1,166 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Jim Eanes dba Midway Grocery, Docket No. 2016-1508-PST-E on January 31, 2017, assessing $4,629 in administrative penalties with $925 deferred. Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding SAI SUMU INC dba Andys Food Store, Docket No. 2016-1510-PST-E on January 31, 2017, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding M. LIPSITZ & CO., LTD., Docket No. 2016-1511-PST-E on January 31, 2017, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding H P DISCOUNT LIQUOR INC dba Discount Center, Docket No. 2016-1515-PST-E on January 31, 2017, assessing $2,556 in administrative penalties with $511 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Cameron Communications, L.L.C., Docket No. 2016-1516-PST-E on January 31, 2017, assessing $3,130 in administrative penalties with $626 deferred. Information concerning any aspect of this order may be obtained by contacting Rebecca Boyett, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding CHAHAL STORES INC dba JD Convenience Store, Docket No. 2016-1524-PST-E on January 31, 2017, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Rebecca Boyett, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Buddies Kwik Stop, LLC dba Buchanan Dam Food Mart, Docket No. 2016-1542-PST-E on January 31, 2017, assessing $4,255 in administrative penalties with $851 deferred. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Chilton Independent School District, Docket No. 2016-1562-PST-E on January 31, 2017, assessing $3,563 in administrative penalties with $712 deferred. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Flo-Mart, LLC, Docket No. 2016-1574-PST-E on January 31, 2017, assessing $4,630 in administrative penalties with $926 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie McCurley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding C&R DISTRIBUTING, LLC, Docket No. 2016-1577-PST-E on January 31, 2017, assessing $1,607 in administrative penalties with $321 deferred. Information concerning any aspect of this order may be obtained by contacting Anthony Rios, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Georgetown Independent School District, Docket No. 2016-1645-EAQ-E on January 31, 2017, assessing $813 in administrative penalties with $162 deferred. Information concerning any aspect of this order may be obtained by contacting Melissa Castro, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding SEIFERT AND SON, INC. dba Edward J. Seifert Oil, Docket No. 2016-1717-PST-E on January 31, 2017, assessing $1,231 in administrative penalties with $246 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Roving Meadows Utilities, Inc., Docket No. 2014-0464-MWD-E on February 1, 2017, assessing $22,812 in administrative penalties with $19,212 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Continental Cream Quarries, LLC, Docket No. 2014-0952-MLM-E on February 1, 2017, assessing $55,000 in administrative penalties with $11,000 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Ingram Readymix No. 9, L.L.C. and Ingram Readymix, Inc., Docket No. 2015-0212-WQ-E on February 1, 2017, assessing $11,714 in administrative penalties with $2,342 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Coreslab Structures (Texas) Inc., Docket No. 2015-0646-WQ-E on February 1, 2017, assessing $24,287 in administrative penalties with $4,857 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Thornton, Docket No. 2015-0893-MWD-E on February 1, 2017, assessing $4,375 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Boyle, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Dennis G. Rabroker dba Rabroker Dirt, Docket No. 2015-1005-WQ-E on February 1, 2017, assessing $8,451 in administrative penalties with $1,690 deferred. Information concerning any aspect of this order may be obtained by contacting Farhaud Abbaszadeh, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Eastland, Docket No. 2015-1157-MWD-E on February 1, 2017, assessing $12,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An order was adopted regarding Harrison County, Docket No. 2015-1297-PST-E on February 1, 2017, assessing $5,626 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ian Groetsch, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Rhome, Docket No. 2015-1386-MWD-E on February 1, 2017, assessing $72,000 in administrative penalties with $14,400 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Darryl Wheeler dba Magnolia Lake RV Park, Docket No. 2015-1440-PWS-E on February 1, 2017, assessing $1,154 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding F & Z Enterprises Inc. dba Phillips Food Mart 2, Docket No. 2015-1582-PST-E on February 1, 2017, assessing $30,480 in administrative penalties with $13,680 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Np Community Development Corp., Docket No. 2015-1755-MSW-E on February 1, 2017, assessing $70,313 in administrative penalties with $66,713 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Village of Vinton, Docket No. 2016-0018-WQ-E on February 1, 2017, assessing $21,375 in administrative penalties with $4,275 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Francisco Mendoza dba Golden R Meat Market, Docket No. 2016-0091-PST-E on February 1, 2017, assessing $34,775 in administrative penalties with $6,955 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Mazen, LLC dba Truck N Travel, Docket No. 2016-0303-PST-E on February 1, 2017, assessing $26,622 in administrative penalties with $5,324 deferred. Information concerning any aspect of this order may be obtained by contacting Holly Kneisley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Load Trail LLC, Docket No. 2016-0426-IWD-E on February 1, 2017, assessing $108,314 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Austin Henck, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Bridgeport, Docket No. 2016-0456-MWD-E on February 1, 2017, assessing $46,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Prime Materials, LLC, Docket No. 2016-0458-MLM-E on February 1, 2017, assessing $13,125 in administrative penalties with $2,625 deferred. Information concerning any aspect of this order may be obtained by contacting Farhaud Abbaszadeh, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding River Mart, Inc., Docket No. 2016-0555-PST-E on February 1, 2017, assessing $9,000 in administrative penalties with $1,800 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Blanchard Refining Company LLC, Docket No. 2016-0603-AIR-E on February 1, 2017, assessing $13,125 in administrative penalties with $2,625 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Hollywood Food & Gas Inc. dba Medina Base Quick Mart, Docket No. 2016-0610-PST-E on February 1, 2017, assessing $18,731 in administrative penalties with $3,746 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Fort Worth, Docket No. 2016-0658-PST-E on February 1, 2017, assessing $24,650 in administrative penalties with $4,930 deferred. Information concerning any aspect of this order may be obtained by contacting Holly Kneisley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Rosemary Conners, Docket No. 2016-0719-EAQ-E on February 1, 2017, assessing $12,500 in administrative penalties with $2,500 deferred. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Hamby Water Supply Corporation, Docket No. 2016-0741-PWS-E on February 1, 2017, assessing $172 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Basf Total Petrochemicals LLC, Docket No. 2016-0765-AIR-E on February 1, 2017, assessing $315,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Intertek Usa Inc., Docket No. 2016-0771-IHW-E on February 1, 2017, assessing $12,564 in administrative penalties with $2,512 deferred. Information concerning any aspect of this order may be obtained by contacting Holly Kneisley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Caspian Management Group, Inc. dba Texaco Travel Plaza, Docket No. 2016-0780-PST-E on February 1, 2017, assessing $13,225 in administrative penalties with $2,645 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Cowboy Star Inc. dba Berkleys Food Store, Docket No. 2016-0803-PST-E on February 1, 2017, assessing $14,094 in administrative penalties with $2,818 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding R&B Mobile Park, LLC, Docket No. 2016-0849-MWD-E on February 1, 2017, assessing $7,950 in administrative penalties with $1,590 deferred. Information concerning any aspect of this order may be obtained by contacting James Boyle, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Wolf Hollow Services, LLC, Docket No. 2016-0854-IWD-E on February 1, 2017, assessing $48,937 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Boyle, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Maheen LLC dba Rosharon Food mart, Docket No. 2016-1072-PST-E on February 1, 2017, assessing $9,948 in administrative penalties with $1,989 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Pflugerville, Docket No. 2016-1123-MWD-E on February 1, 2017, assessing $29,450 in administrative penalties with $5,890 deferred. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Moulton, Docket No. 2016-1241-PWS-E on February 1, 2017, assessing $799 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Consolidated Communications Services Company, Docket No. 2016-1357-PST-E on February 1, 2017, assessing $8,182 in administrative penalties with $1,636 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201700445

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 1, 2017


Notice of District Petition

TCEQ Internal Control No. D-05252016-045; Shady Grove Water Supply Corporation (Petitioner) filed a petition with the TCEQ to convert Shady Grove Water Supply Corporation to Shady Grove Special Utility District of Hunt County. North Collin Special Utility District’s business address will be: P.O. Box 343, 2333 Sam Rayburn Highway, Melissa, Texas 75454. The petition was filed pursuant to Chapter 65 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The nature and purpose of the petition are for the conversion of Shady Grove Water Supply Corporation and the organization, creation and establishment of Shady Grove Special Utility District of Hunt County under the provisions of Article XVI, § 59 of the Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code, as amended. The nature of the services presently performed by Shady Grove Water Supply Corporation are to supply water for municipal uses, domestic uses, power and commercial purposes, and other beneficial uses or controls. The nature of the services proposed to be provided by Shady Grove Special Utility District of Hunt County are to supply water for municipal uses, domestic uses, power and commercial purposes, and other beneficial uses or controls. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers. The proposed District is located in Hunt County, and will contain approximately 6,938 acres.

INFORMATION SECTION

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

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.texas.gov.

TRD-201700441

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 1, 2017


Notice of Opportunity to Comment on a Default Order Of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 14, 2017. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 13, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone number; however, TWC, §7.075 provides that comments on the DO shall be submitted to the commission in writing.

(1) COMPANY: DFW Pro Lawn Care, LLC d/b/a Pro Lawn Care; DOCKET NUMBER: 2015-1810-LII-E; TCEQ ID NUMBER: RN109228726; LOCATION: 5309 Superior Parkway, Suite 117, Fort Worth, Tarrant County; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §344.70(b), by failing to display in all forms of written and electronic advertisements for irrigation services, the irrigator's license number in the form of "LI___,"; PENALTY: $250; STAFF ATTORNEY: Amanda Patel, Litigation Division, MC 175, (512) 239-3990; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201700426

Kathleen C. Decker

Director, Ligation Division

Texas Commission on Environmental Quality

Filed: January 31, 2017


Notice of Opportunity to Comment on a Shutdown/Default Order 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 Shutdown/Default Order (S/DO). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 14, 2017. The commission will consider any written comments received and the commission may withdraw or withhold approval of an S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 14, 2017. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorney is available to discuss the S/DO and/or the comment procedure at the listed phone number; however, comments on the S/DO shall be submitted to the commission in writing.

(1) COMPANY: PERVEN, LLC dba STOP N DRIVE 2; DOCKET NUMBER: 2016-1045-PST-E; TCEQ ID NUMBER: RN101433019; LOCATION: 5138 Gulfway Drive, Port Arthur, Jefferson County; TYPE OF FACILITY: UST system and 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 UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) and 30 TAC §334.602(a), by failing to designate, train, and certify at least one individual for each class of operator - Class A, B, and C - for the facility; PENALTY: $7,500; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-201700423

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 31, 2017


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

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 14, 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 March 14, 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: City of Silverton; DOCKET NUMBER: 2016-1810-PWS-E; TCEQ ID NUMBER: RN102314796; LOCATION: 409 Broadway Street, Silverton, Briscoe County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.0315(c) and 30 TAC §290.115(f)(1), by failing to comply with the maximum contaminant level of 0.060 milligrams per liter for haloacetic acids, based on the locational running annual average; PENALTY: $420; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(2) COMPANY: CLEAR LAKE REGIONAL MEDICAL CENTER, INC.; DOCKET NUMBER: 2016-0847-PST-E; TCEQ ID NUMBER: RN106153133; LOCATION: 495 West Medical Center Boulevard, Webster, Harris County; TYPE OF FACILITY: underground storage tank (UST) system and UST for an emergency generator for a hospital; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to file a notice of change of information concerning the UST system within 30 days from the date of the occurrence of the change; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST; PENALTY: $3,036; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) AGREED ORDER NUNC PRO TUNC; COMPANY: Coryell County; DOCKET NUMBER: 2015-0662-WQ-E; TCEQ ID NUMBER: RN105490486; LOCATION: in the unincorporated area of Coryell County that is located within the Killeen Urbanized Area near Copperas Cove, Coryell County; TYPE OF FACILITY: small municipal separate storm sewer system (MS4); RULES VIOLATED: 40 Code of Federal Regulations §122.33(b)(1) and 30 TAC §281.25(b)(4), by failing to maintain authorization to discharge storm water associated with a MS4; PENALTY: $4,500; Supplemental Environmental Project offset amount of $4,500 applied to the Texas Association of Resource Conservation and Development Areas, Inc. for the Wastewater Treatment Assistance project; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: George Mery d/b/a ECON LIQUORS, INC.; DOCKET NUMBER: 2016-0926-PST-E; TCEQ ID NUMBER: RN101760833; LOCATION: 1110 South Presa, San Antonio, Bexar 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); and 30 TAC §334.606, by failing to maintain required training certification documentation on-site and to provide it upon request to the TCEQ-authorized investigator; PENALTY: $4,500; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: James T. Thomas, Sr.; DOCKET NUMBER: 2015-1827-PWS-E; TCEQ ID NUMBER: RN105552707; LOCATION: 22 Raisin Road near Victoria, Victoria County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.033(d) and 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(A) and (f), by failing to collect routine distribution water samples for coliform analysis and by failing to provide public notification and submit a copy of the public notification to the executive director regarding the failure to collect routine samples; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay public health service fees, including late fees, for TCEQ Financial Administration Account Number 92350061; PENALTY: $3,929; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Corpus Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(6) COMPANY: Jim Dollins; DOCKET NUMBER: 2016-0568-WQ-E; TCEQ ID NUMBER: RN105464119; LOCATION: 4200 J J Flewellen Road, Waco, McLennan County; TYPE OF FACILITY: aggregate production operation (APO); RULE VIOLATED: 30 TAC §342.25(d), by failing to renew its APO registration annually as regulated activities continued; PENALTY: $15,000; 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.

(7) COMPANY: Kulsoom Yousuf, individually; Dallas Alishah Enterprises Inc.; and Yushra Investment, Inc. d/b/a Store T-24 2; DOCKET NUMBER: 2015-1733-PST-E; TCEQ ID NUMBER: RN102254091; LOCATION: 9947 Garland Road, Dallas, Dallas County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.602(a), by failing to designate a Class A and B Operator for the UST system; TWC, §26.3475(d) and 30 TAC §334.49(a)(2), by failing to provide corrosion protection for the UST system; and 30 TAC §334.54(b)(2), by failing to maintain all piping, pumps, manways, and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $10,350; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: LANAR, INC. d/b/a Three Corners Food Store; DOCKET NUMBER: 2016-1531-PST-E; TCEQ ID NUMBER: RN101556041; LOCATION: 100 East Mansfield Highway, Kennedale, 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) 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); and 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $4,125; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: RF FOOD AND GAS, INC. d/b/a EZ Stop 6; DOCKET NUMBER: 2016-0983-PST-E; TCEQ ID NUMBER: RN104421615; LOCATION: 20115 South United States Highway 281, San Antonio, Bexar 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: $5,755; 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.

TRD-201700424

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 31, 2017


Notice of Public Meeting for an Air Quality Permit Proposed Permit Number: 139955

APPLICATION. Cherry Crushed Concrete, Inc., 6131 Selinsky Road, Houston, Texas 77048-2006, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Proposed Air Quality Permit Number 139955, which would authorize construction of a Concrete Crushing Plant located at 9200 Winfield Road, Houston, Harris County, Texas 77050. This link to an electronic map of the site or facility’s general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=29.902222&lng=-95.256666&zoom=13&type=r. The proposed facility will emit the following contaminants: particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less.

The executive director has completed the technical review of the application and prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue the permit because it meets all rules and regulations.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments to the Office of the Chief Clerk at the address below. The TCEQ will consider all public comments in developing a final decision on the application. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application, and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. At the conclusion of the comment period, all formal comments will be considered before a decision is reached on the permit application. A written response to all formal comments will be prepared by the Executive Director and will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.

The Public Meeting is to be held:

Thursday, February 9, 2017 at 7:00 p.m.

DoubleTree by Hilton Houston Intercontinental Airport

15747 John F. Kennedy Boulevard

Houston, Texas 77032

INFORMATION. Citizens are encouraged to submit written comments anytime during the public meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at http://www.tceq.texas.gov/about/comments.html. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040. General information can be found at our Web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

The permit application, executive director’s preliminary decision, and draft permit will be available for viewing and copying at the TCEQ central office and the TCEQ Houston regional office, 5425 Polk Street, Suite H, Houston, Harris County, Texas, beginning the first day of publication of this notice. The facility’s compliance file, if any exists, is available for public review at the TCEQ Houston regional office of the TCEQ. Further information may also be obtained from Cherry Crushed Concrete, Inc. at the address stated above or by calling Mrs. Elizabeth Stanko, Project Manager at (713) 244-1039.

Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least one week prior to the meeting.

Notice Issuance Date: January 25, 2017

TRD-201700438

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 1, 2017


Notice of Public Meeting for an Air Quality Standard Permit for Concrete Batch Plant Registration Proposed Registration Number: 142657

APPLICATION. JLB Contracting, LLC, P.O. Box 24131, Fort Worth, Texas 76124-1131, has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant Registration Number 142657, which would authorize construction of a permanent concrete batch plant under Title 30 Texas Administrative Code §116.611 (30 TAC § 116.611) at 7151 Randol Mill Road, Fort Worth, Tarrant County, Texas 76120. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.785781&lng=-97.203326&zoom=13&type=r. The proposed facility will emit the following air contaminants: particulate matter including (but not limited to) aggregate, cement, road dust, and particulate matter with diameters of 10 microns or less and 2.5 microns or less.

The executive director has completed the technical review of the application and determined that the application meets all of the requirements of a Standard Permit authorized by 30 TAC § 116.611 which would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue the registration because it meets all rules and regulations.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments to the Office of the Chief Clerk at the address below. The TCEQ will consider all public comments in developing a final decision on the application. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. At the conclusion of the comment period, all formal comments will be considered before a decision is reached on the permit application. A written response to all formal comments will be prepared by the Executive Director and will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.

The Public Meeting is to be held:

Thursday, February 16, 2017 at 7:00 p.m.

John T. White Elementary School Auditorium

7300 John T. White Road

Fort Worth, Texas 76120

INFORMATION. Citizens are encouraged to submit written comments anytime during the public meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at http://www.tceq.texas.gov/about/comments.html. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040. General information can be found at our Web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

The permit application, executive director’s preliminary decision, and standard permit will be available for viewing and copying at the TCEQ central office, the TCEQ Dallas/Fort Worth regional office, and the Fort Worth Library - East Regional Branch, 6301 Bridge Street, Fort Worth, Tarrant County, Texas. The facility’s compliance file, if any exists, is available for public review at the TCEQ Dallas/Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas. Further information may also be obtained from JLB Contracting, LLC at the address stated above or by calling Mr. Sam Davis, President at (817) 261-2991.

Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least one week prior to the meeting.

Notice Issuance Date: January 31, 2017

TRD-201700439

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 1, 2017


Notice of Water Rights Application

Notice issued January 27, 2017

APPLICATION NO. 13338; Lonestar Operating, LLC, 600 Bailey Ave. Suite 200, Fort Worth, Texas 76107, Applicant, seeks a temporary water use permit to divert and use not to exceed 100 acre-feet of water within a period of six months from Carter Lake (authorized by Certificate of Adjudication No. 12-5310) located on an unnamed tributary of Carters Creek, Brazos River Basin for mining purposes in Brazos County. The application and fees were received on August 8, 2016. Additional information was received on December 2 and December 5, 2016. The application was declared administratively complete and filed with the Office of the Chief Clerk on December 08, 2016. The Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to, streamflow restrictions and installing a measuring device for diversions. The application, technical memoranda, and Executive Director’s draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, TX 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided below, by February 14, 2017.

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

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

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

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

TRD-201700440

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 1, 2017


Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commission) requests comments from the public on the draft January 2017 Update to the Water Quality Management Plan (WQMP) for the State of Texas.

Download the draft January 2017 WQMP Update at https://www.tceq.texas.gov/permitting/wqmp/WQmanagement_updates.html or view a printed copy at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.

The WQMP is developed and promulgated in accordance with the requirements of Federal Clean Water Act, §208. The draft update includes projected effluent limits of specific domestic dischargers, which may be useful for planning in future permit actions. The draft update may also contain service area populations for listed wastewater treatment facilities, designated management agency information, and total maximum daily load (TMDL) revisions.

Once the commission certifies a WQMP update, it is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission.

Deadline

All comments must be received at the TCEQ no later than 5:00 p.m. on March 13, 2017.

How to Submit Comments

Comments must be submitted in writing to:

Nancy Vignali, Texas Commission on Environmental Quality Water Quality Division, MC 150 P.O. Box 13087 Austin, Texas 78711-3087

Comments may also be faxed to (512) 239-4420, but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline, whichever is sooner.

For further information, or questions, please contact Ms. Vignali by phone at (512) 239-1303 or by email at Nancy.Vignali@tceq.texas.gov.

TRD-201700434

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 31, 2017


Texas Ethics Commission

List of Late Filers

Below is a list from the Texas Ethics Commission of names of filers who did not file a report or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Michelle Gonzales at (512) 463-5800.

Deadline: Semiannual Report due July 15, 2015, for Candidates and Officeholders

Kevin P. Ludlow, 1235 Broadmoor Dr., Austin, Texas 78723

Deadline: Semiannual Report due January 15, 2016, for Candidates and Officeholders

Amanda M. Rudolph, 4575 FM 2864, Nacogdoches, Texas 75965

Deadline: 30-Day Pre-Election Report due October 11, 2016, for Candidates and Officeholders

Ronald E. Reynolds, 6140 Hwy. 6 South, Ste. 233, Missouri City, Texas 77459-3802 ($500)

TRD-201700388

Ian Steusloff

Interim Executive Director

Texas Ethics Commission

Filed: January 26, 2017


Department of Family and Protective Services

Correction of Error

The Department of Family and Protective Services filed an updated chart regarding 40 TAC, Chapter 745, Licensing, §745.651 of this title (relating to What types of criminal convictions may affect a person's ability to be present at an operation?). The charts were published in the January 20, 2017, issue of the Texas Register in the "In Addition" section. The following text was inadvertently omitted by the agency, along with the charts.

Criminal History Requirements for Child Care Operations

Section 745.651 of this title (relating to What types of criminal convictions may affect a person's ability to be present at an operation?) states that the three charts listed in subsection (a) of the section will be updated annually and published every January in the Texas Register as an "In Addition" document. The three charts are entitled: (1) Licensed or Certified Child Care Operations: Criminal History Requirements; (2) Foster or Adoptive Placements: Criminal History Requirements; and (3) Registered Child Care Homes and Listed Family Homes: Criminal History Requirements. Each chart has three parts to it: an introduction that explains the types of operations each chart covers, that defines certain terms used in the chart, and that clarifies certain assumptions; a Table of Contents; and the actual chart.

There have been changes made to each chart, which include: (1) adding notation to the Licensed or Certified Child Care Operations: Criminal History Requirements and Registered Child Care Homes and Listed Family Homes: Criminal History Requirements charts to reflect action required for certain offenses due to the implementation of federal Child Care Development Block Grant legislation (42 USC 9858f.548H); (2) adding notation to all three charts to indicate when action is still required if certain felony offenses are reduced to a misdemeanor conviction as a result of TPC 12.44(b), but the criminal activity may still indicate risk; and (3) updated Risk Evaluation requirements for certain offenses due to the severity of the crimes.

TRD-201700431

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Filed: January 31, 2017


General Land Office

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of January 2, 2017, through January 13, 2017. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, February 3, 2017. The public comment period for this project will close at 5:00 p.m. on Monday, March 6, 2017.

FEDERAL AGENCY ACTIVITIES:

Applicant: United States Army Corps of Engineers

Project Description: The U.S. Army Corps of Engineers (Corps) announced the reissuance of all 50 existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The Corps also issued two new NWPs, one new general condition, and five new definitions. The 2017 NWPs will go into effect on March 19, 2017 and will expire on March 18, 2022. Proposed final regional conditions for the Southwestern Division are also under consideration.

CMP Project No: 17-1107-F5

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from Mr. Jesse Solis, P.O. Box 12873, Austin, Texas 78711-2873, or via email at federal.consistency@glo.texas.gov. Comments should be sent to Mr. Solis at the above address or by email.

TRD-201700444

Anne L. Idsal

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: February 1, 2017


Texas Health and Human Services Commission

Public Notice - Amendment to the Deaf Blind with Multiple Disabilities Waiver Program

The Texas Health and Human Services Commission (HHSC) is submitting to the Centers for Medicare & Medicaid Services (CMS) a request for an amendment to the Deaf Blind with Multiple Disabilities (DBMD) waiver program, a waiver implemented under the authority of section 1915(c) of the Social Security Act. CMS has approved this waiver through February 28, 2018. The proposed effective date for the amendment is February 28, 2017, with no changes to cost neutrality. This notice revises and is intended to replace the notice that was sent on January 6, 2017. CMS has approved this waiver through February 28, 2018. The proposed changes are considered non-substantive for purposes of 42 CFR §441.304.

This amendment request proposes to make the following changes:

Appendix B and Appendix J: The waiver is being amended to increase the unduplicated count of participants (Factor C) and the point-in-time (PIT). The Factor C and PIT updates will be for waiver year 4 and 5. Appendix B and J will be updated to include additional DBMD waiver enrollments based on legislative funding. In Appendix J, Factor D and D' are being updated to reflect the changes regarding Community First Choice in Amendment 3 that was effective February 28, 2016.

The Deaf Blind with Multiple Disabilities program serves individuals with legal blindness, deafness, or a condition that leads to deaf-blindness, and at least one additional disability that limits functional abilities. The program serves individuals in the community who would otherwise require care in an intermediate care facility for individuals with an intellectual disability or related condition (ICF/IID).

An individual may obtain free copies of the proposed waiver amendment, including the DBMD settings transition plan, or if you have questions, need additional information, or wish to submit comments regarding this amendment or the DBMD settings transition plan, interested parties may contact Jacqueline Pernell by U.S. mail, telephone, fax, or email. The addresses are as follows:

U.S. Mail

Texas Health and Human Services Commission

Attention: Jacqueline Pernell, Waiver Coordinator, Policy Development Support

PO Box 13247

Mail Code H-600

Austin, Texas 78711-3247

Telephone

(512) 428-1931

Fax

Attention: Jacqueline Pernell, Waiver Coordinator, at (512) 730-7477

Email

TX_Medicaid_Waivers@hhsc.state.tx.us.

TRD-201700442

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: February 1, 2017


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-201700384

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: January 25, 2017


Texas Department of Housing and Community Affairs

Notice of Funding Availability

The Texas Department of Housing and Community Affairs ("Department") is making available 2017 HOME Investment Partnerships Program ("HOME") funding for single family activities.

Funds will be available through two 2017 HOME Program Notice of Funding Availability ("NOFA") for Single Family Programs including approximately $2,000,000 for Single Family Development ("SFD") activities and approximately $3,000,000 Tenant-Based Rental Assistance and Homebuyer Assistance activities. Applications will be awarded on a first-come first-served basis.

The availability and use of these funds are subject to the Department's Administrative Rule at 10 TAC Chapter 1, Enforcement Rule at 10 TAC Chapter 2, Single Family Umbrella Rules at 10 TAC Chapter 20, the Minimum Energy Efficiency Requirements for Single Family Construction Activities at 10 TAC Chapter 21, the Department's HOME Program Rule at 10 TAC Chapter 23, and federal regulations governing the HOME Program at 24 CFR Part 92.

The NOFAs are available on the Department's website at http://www.tdhca.state.tx.us/nofa.htm.

All Application materials including manuals, NOFA, program guidelines, and applicable HOME rules and regulations are available on the Department's website at http://www.tdhca.state.tx.us/home-division/applications.htm.

Applications will be accepted on a first-come, first-served basis until Thursday, June 1, 2017, 5:00 p.m. Austin local time as further described in the NOFAs.

TRD-201700447

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 1, 2017


Texas Department of Insurance

Company Licensing

Application to do business in the State of Texas by DONEGAL MUTUAL INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Marietta, Pennsylvania.

Application to do business in the State of Texas by CROWN GLOBAL INSURANCE COMPANY OF AMERICA, a life, accident and/or health company. The home office is in Wilmington, Delaware.

Application to do business in the State of Texas by UNITED HOME INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Paragould, Arkansas.

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

Application for incorporation in the State of Texas by LIFE OPTIONS INSURANCE COMPANY, a domestic life, accident and/or health company. The home office is in Houston, Texas.

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

TRD-201700443

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: February 1, 2017


Notice of Application by a Small Employer Issuer to be a Risk-Assuming Issuer

Notice is given to the public of the application of the listed small employer health benefit plan issuer to be a risk-assuming health benefit plan issuer under Insurance Code §1501.312. A small employer health benefit plan issuer is defined by Insurance Code §1501.002(16) as a health benefit plan issuer offering, delivering, issuing for delivery, or renewing health benefit plans subject to Insurance Code Chapter 1501, Subchapters C - H. A risk-assuming health benefit plan issuer is defined by Insurance Code §1501.301(4) as a small employer health benefit plan issuer that does not participate in the Texas Health Reinsurance System. The following small employer health benefit plan issuer has applied to be a risk-assuming health benefit plan issuer:

UnitedHealthcare of Texas, Inc.

The issuer's application is available for public inspection at the Texas Department of Insurance, Legal Services, Office of Policy Development Counsel. To inspect the application, contact Robert Rucker, Staff Attorney, William P. Hobby Jr. Building, 333 Guadalupe, Tower I, Room 930C, Austin, Texas.

If you wish to comment on the application from UnitedHealthcare of Texas, Inc. to be a risk-assuming issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to the Office of the Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104 or by email to chiefclerk@tdi.texas.gov. On consideration of the application, if the commissioner is satisfied that all requirements of law have been met, the commissioner or the commissioner's designee may take action to approve UnitedHealthcare of Texas, Inc.'s application to be a risk-assuming issuer.

TRD-201700386

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: January 26, 2017


Notice of Application by a Small Employer Issuer to be a Risk-Assuming Issuer

Notice is given to the public of the application of the listed small employer health benefit plan issuer to be a risk-assuming health benefit plan issuer under Insurance Code §1501.312. A small employer health benefit plan issuer is defined by Insurance Code §1501.002(16) as a health benefit plan issuer offering, delivering, issuing for delivery, or renewing health benefit plans subject to Insurance Code Chapter 1501, Subchapters C - H. A risk-assuming health benefit plan issuer is defined by Insurance Code §1501.301(4) as a small employer health benefit plan issuer that does not participate in the Texas Health Reinsurance System. The following small employer health benefit plan issuer has applied to be a risk-assuming health benefit plan issuer:

UnitedHealthcare Insurance Company

The issuer's application is available for public inspection at the Texas Department of Insurance, Legal Services, Office of Policy Development Counsel. To inspect the application, contact Robert Rucker, Staff Attorney, William P. Hobby Jr. Building, 333 Guadalupe, Tower I, Room 930C, Austin, Texas.

If you wish to comment on the application from UnitedHealthcare Insurance Company to be a risk-assuming issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to the Office of the Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104 or by email to chiefclerk@tdi.texas.gov. On consideration of the application, if the commissioner is satisfied that all requirements of law have been met, the commissioner or the commissioner's designee may take action to approve UnitedHealthcare Insurance Company's application to be a risk-assuming issuer.

TRD-201700387

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: January 26, 2017


Texas Lottery Commission

Scratch Ticket Game Number 1868 "Bonus Cashword"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1868 is "BONUS CASHWORD". The play style is "crossword".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1868 shall be $3.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1868.

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: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z and BLACKENED SQUARE SYMBOL.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. Crossword and Bingo style games do not typically have Play Symbol Captions. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 1868 - 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 (1868), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 1868-0000001-001.

H. Pack - A Pack of "BONUS CASHWORD" Scratch Ticket Game contains 125 Tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 125 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other 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 125 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 - A Texas Lottery "BONUS CASHWORD" Scratch Ticket Game No. 1868.

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 "BONUS CASHWORD" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 141 (one hundred forty-one) possible Play Symbols. The player must scratch all of the 18 YOUR LETTERS and the 2 BONUS letters. The player then scratches all the letters found in the BONUS CASHWORD puzzle that exactly match the YOUR LETTERS and the BONUS letters. If the player has scratched at least 3 complete WORDS, the player wins the prize found in the PRIZE LEGEND. Only one prize paid per ticket. Only letters within the BONUS CASHWORD puzzle that are matched with the YOUR LETTERS and BONUS letters can be used to form a complete WORD. In the BONUS CASHWORD puzzle, every lettered square within an unbroken horizontal (left to right) or vertical (top to bottom) sequence must be matched with the YOUR LETTERS or BONUS letters to be considered a complete WORD. Words revealed in a diagonal sequence are not considered valid WORDS. Words within WORDS are not eligible for a prize. A complete WORD must contain at least three letters. 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 one hundred forty-one (141) 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; Crossword and Bingo games do not typically have Play Symbol captions;

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 141 (one hundred forty-one) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket;

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

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

16. Each of the 141 (one hundred forty-one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 141 (one hundred forty-one) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns of either Play Symbols or Prize Symbols.

B. A Ticket will win as indicated by the prize structure.

C. Each Ticket consists of a YOUR LETTERS play area, a BONUS letters play area and one BONUS CASHWORD Puzzle Grid.

D. The BONUS CASHWORD Puzzle Grid will be formatted with at least one thousand (1,000) configurations (i.e., puzzle layouts not including words).

E. All BONUS CASHWORD Puzzle Grid configurations will be formatted within a grid that contains eleven (11) spaces (height) by eleven (11) spaces (width).

F. Each word will appear only once per Ticket on the BONUS CASHWORD Puzzle Grid.

G. Each letter will only appear once per Ticket in the YOUR LETTERS play area and BONUS letters play area.

H. Each BONUS CASHWORD Puzzle Grid will contain the following: (a) 4 sets of 3 - letter words, (b) 5 sets of 4 - letter words, (c) 3 sets of 5 - letter words, (d) 3 sets of 6 - letter words, (e) 1 set of 7 - letter words, (f) 2 sets of 8 - letter words and (g) 1 set of 9 - letter words.

I. All BONUS CASHWORD Puzzle Grids will have an equal chance of winning a prize.

J. There will be a minimum of three (3) vowels in the YOUR LETTERS play area and BONUS letters play area combined.

K. The length of words found in the BONUS CASHWORD Puzzle Grid will range from three (3) to nine (9) letters.

L. Only words from the approved word list will appear in the BONUS CASHWORD Puzzle Grid. (Texas_Bonus_v2_2July2015.doc)

M. None of the prohibited words (Texas_Prohibited_v3_2July2015.doc) will appear horizontally (in either direction), vertically (in either direction) or diagonally (in either direction) in the YOUR LETTERS play area (including the BONUS letters play area). In addition, when all rows of the YOUR LETTERS (including the BONUS letters play area) are joined together into a single continuous row of letters (first row, followed by second row, etc.), none of the prohibited words will appear in either the forward or reverse direction.

N. A player will never find a word horizontally (in either direction), vertically (in either direction) or diagonally (in either direction) in the YOUR LETTERS play area that matches a word in the BONUS CASHWORD Puzzle Grid.

O. Each BONUS CASHWORD Puzzle Grid will have a maximum number of different grid formations with respect to other constraints. That is, for identically formatted BONUS CASHWORD Puzzles (i.e., the same grid), all "approved words" will appear in every logical (i.e., 3 letter word = 3 letter space) position, with regards to limitations caused by the actual letters contained in each word (i.e., this will not place the word "ZOO" in a position that causes an intersecting word to require the second letter to be "Z", when in fact, there are no approved words with a "Z" in the second letter position).

P. Each letter, with the exception of vowels, will appear no more than nine (9) times in the BONUS CASHWORD Puzzle Grid.

Q. No Ticket will match eleven (11) words or more.

R. Only one (1) prize paid per Ticket.

S. Three (3) to ten (10) completed words will be revealed as per the prize structure.

T. Sixteen (16) to eighteen (18) YOUR LETTERS will open at least one (1) letter in the BONUS CASHWORD Puzzle Grid. At least one (1) of the two (2) BONUS letters will open one (1) or more positions on the BONUS CASHWORD Puzzle Grid.

2.3 Procedure for Claiming Prizes.

A. To claim a "BONUS CASHWORD" Scratch Ticket Game prize of $3.00, $5.00, $10.00, $20.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

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

C. As an alternative method of claiming a "BONUS CASHWORD" 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 BONUS CASHWORD 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 "BONUS CASHWORD" 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 "BONUS CASHWORD" 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 35,040,000 Scratch Tickets in Scratch Ticket Game No. 1868. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1868 - 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. 1868 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. 1868, 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-201700437

Bob Biard

General Counsel

Texas Lottery Commission

Filed: January 31, 2017


Public Utility Commission of Texas

Notice of Application for Amendment to a Certificated Service Area Boundary

Notice is given to the public of an application filed on January 25, 2017, with the Public Utility Commission of Texas for an amendment to a certificated service area boundary in Kendall County, Texas.

Docket Style and Number: Application of Frontier Southwest Incorporated d/b/a Frontier Communications of Texas to Amend a Certificate of Convenience and Necessity for a Minor Service Area Boundary Change in Kendall County. Docket Number 46801.

The Application: The minor boundary amendment is being filed to realign the boundary between the Boerne exchange of Frontier Southwest Incorporated d/b/a Frontier Communications of Texas and the Kenberg exchange of Guadalupe Valley Telephone Cooperative, Inc. The amendment will transfer a portion of Frontier’s serving area in the Boerne exchange to GVTC’s Kenberg exchange.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by February 17, 2017, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46801.

TRD-201700404

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2017


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 26, 2017, pursuant to the Texas Water Code.

Docket Style and Number: Application of Melvin Block and City of Bridge City for Sale, Transfer, or Merger of Facilities and Certificate Rights in Orange County, Docket Number 46806.

The Application: Melvin Block and the City of Bridge City filed an application for approval of the sale, transfer, or merger of facilities and certificate rights in Orange County. Specifically, Bridge City seeks approval to purchase the water assets of Melvin Block, certificate of convenience and necessity number 11438, and retain the seller’s current water certificated service areas. The total area being requested includes approximately 26.3 acres and serves 31 current customers.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission’s Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 46806.

TRD-201700418

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2017


Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 23, 2017, to amend a certificate of convenience and necessity for a proposed transmission line in Willacy and Cameron Counties, Texas.

Docket Style and Number: Application of AEP Texas to Amend a Certificate of Convenience and Necessity for the Bonilla to Ladekidde Double-Circuit 345-kV Transmission Line in Willacy and Cameron Counties, Docket Number 46716.

The Application: The application of AEP Texas for a proposed 345-kV transmission line located in Willacy and Cameron Counties is designated as the Bonilla to Ladekidde Double-Circuit 345-kV Transmission Line Project. The new 345-kV transmission line will begin at the new Bonilla substation to be constructed by AEP Texas located in Cameron County. The new transmission line will generally extend to the northeast until it reaches the new Ladekidde substation to be constructed by Magic Valley Wind Farm II, LLC in Willacy County. AEP Texas plans to construct the transmission line on steel single-pole structures, which initially will have only one 345-kV circuit installed. The total estimated cost for the project ranges from approximately $49.5 million to $75.4 million depending on the route chosen.

The proposed project is presented with 21 alternate routes and is estimated to be approximately 22 to 32 miles in length. Any of the routes or route segments presented in the application could, however, be approved by the commission.

This application includes facilities subject to the Coastal Management Program and must be consistent with the Coastal Management Program goals and policies.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. The deadline for intervention in this proceeding is March 9, 2017. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46716.

TRD-201700399

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 2017


Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application to amend a water certificate of convenience and necessity.

Docket Style and Number: Application of Salado Water Supply Corporation to amend a Certificate of Convenience and Necessity in Bell County, Docket Number 46794.

The Application: Salado Water Supply Corporation filed an application to amend water certificate of convenience and necessity number 10879 in Bell County. The total area being requested includes approximately 120 acres and 0 current customers.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46794.

TRD-201700401

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 2017


Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application to amend a water certificate of convenience and necessity in Hopkins County.

Docket Style and Number: Application of Cash Special Utility District to Amend a Certificate of Convenience and Necessity in Hopkins County, Docket Number 46809.

The Application: Cash Special Utility District filed an application to amend its water certificate of convenience and necessity No. 10824 in Hopkins County, Texas. The total new service area being requested includes approximately 8 acres and 0 current customers.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46809.

TRD-201700427

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 31, 2017


Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application to amend a water certificate of convenience and necessity.

Docket Style and Number: Application of the City of Fort Worth to Amend a Certificate of Convenience and Necessity in Tarrant County, Docket Number 46808.

The Application: The City of Fort Worth filed an application to amend water certificate of convenience and necessity number 12311 in Tarrant County. The total area being requested includes approximately 84 acres and no current customers.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46808.

TRD-201700429

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 31, 2017


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

Notice is given to the public of the filing with the Public Utility Commission of Texas on January 25, 2017, a petition to amend a certificate of convenience and necessity by expedited release in Travis County, Texas.

Docket Style and Number: Petition by Carma Easton, LLC to Amend Creedmoor-Maha Water Supply Corporation's Certificate of Convenience and Necessity in Travis County by Expedited Release, Docket No. 46802.

The Petition: Carma Easton, LLC filed a petition for the expedited release of two tracts of land that are smaller than 25 acres, one approximately 4.134 acres and the other approximately 19,808 square feet, that are adjacent to and contiguous with a tract of land that is greater than 25 acres from Creedmoor-Maha Water Supply Corporation’s water certificate of convenience and necessity number 11029 in Travis County under Texas Water Code §13.254 (a-5) and 16 Texas Administrative Code §24.113(r).

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than February 24, 2017, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46802.

TRD-201700402

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 2017


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

Notice is given to the public of the filing with the Public Utility Commission of Texas on January 25, 2017, a petition to amend a certificate of convenience and necessity by expedited release in Travis County, Texas.

Docket Style and Number: Petition by Carma Easton, LLC to Amend Creedmoor-Maha Water Supply Corporation's Certificate of Convenience and Necessity in Travis County by Expedited Release, Docket No. 46803.

The Petition: Carma Easton, LLC filed a petition for the expedited release of two adjacent and contiguous tracts of land, one approximately 37.390 acres and the other approximately 0.484 acres, from Creedmoor-Maha Water Supply Corporation’s water certificate of convenience and necessity number 11029 in Travis County under Texas Water Code §13.254 (a-5) and 16 Texas Administrative Code §24.113(r).

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than February 24, 2017, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46803.

TRD-201700403

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 2017


Supreme Court of Texas

Order Adopting Amendments to Texas Rules of Appellate Procedure 9.4, 72.2, and 73.7

Misc. Docket No. 17-9007

ORDERED that:

By order dated December 1, 2016, in Misc. Docket No. 16-005, the Court of Criminal Appeals adopted amendments to Rules of Appellate Procedure 9.4, 72.2, and 73.7 and invited public comments. This joint order contains the final version of the amendments, which are effective February 1, 2017.

The Clerk is directed to:

a. file a copy of this order with the Secretary of State;

b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;

c. send a copy of this order to each elected member of the Legislature; and

d. submit a copy of the order for publication in the Texas Register.

Dated: January 25, 2017.

___________________________

Nathan L. Hecht, Chief Justice

___________________________

Paul W. Green, Justice

___________________________

Phil Johnson, Justice

___________________________

Don R. Willett, Justice

___________________________

Eva M. Guzman, Justice

___________________________

Debra H. Lehrmann, Justice

___________________________

Jeffrey S. Boyd, Justice

___________________________

John P. Devine, Justice

___________________________

Jeffrey V. Brown, Justice

9.4. Form....

(i) Length. . . .

(D) A petition and response in an original proceeding in the Supreme Court and the Court of Criminal Appeals, except for petitions and responses in an original proceeding in a case in which the death penalty has been assessed, a petition for review and response in the Supreme Court, a petition for discretionary review in the Court of Criminal Appeals, and a motion for rehearing and response in an appellate court: 4,500 words if computer-generated, and 15 pages if not.

(E) A reply to a response to a petition for review in the Supreme Court, a reply to a response to a petition in an original proceeding in the Supreme Court and the Court of Criminal Appeals, except a reply to a response in an original proceeding in a case in which the death penalty has been assessed, and a reply to a petition for discretionary review in the Court of Criminal Appeals: 2,400 words if computer-generated, and 8 pages if not.

(F) A petition and response in an original proceeding in the Court of Criminal Appeals in a case in which the death penalty has been assessed: 9,000 words if computer-generated, and 30 pages if not.

(G) A reply to a response to a petition in an original proceeding in the Court of Criminal Appeals in a case in which the death penalty has been assessed: 4,800 words if computer- generated, and 16 pages if not.

72.2. Disposition

If five judges tentatively believe that the case should be filed and set for submission, the motion for leave will be granted and the case will then be handled and disposed of in accordance with Rule 52.8. If the motion for leave is denied, no motions for rehearing or reconsideration will be entertained. But the Court may, on its own initiative, reconsider a denial of a motion for leave.

Rule 73. Postconviction Applications for Writs of Habeas Corpus....

Rule 73.7. New Evidence After Application Forwarded to Court of Criminal Appeals

If an Article 11.07 or 11.071 application has been forwarded to this Court, and a party wishes this Court to consider evidence not filed in the trial court, then the party must comply with the following procedures or the evidence will not be considered.

(a) If the Court of Criminal Appeals has received an Article 11.07 or 11.071 application from the district clerk of the county of conviction and has filed and set the application for submission, a party has two options:

(1) The party may file the evidence directly in the Court of Criminal Appeals with a motion for the Court of Criminal Appeals to consider the evidence. In this motion, the party should describe the evidence, explain its evidentiary value, and state why compelling and extraordinary circumstances exist for the Court of Criminal Appeals to consider the evidence directly. The moving party must immediately serve copies of the motion and the evidence the party seeks to file on the other party or parties in the case. If the Court of Criminal Appeals grants this motion, the Court will consider the evidence in its review of the application. The Court of Criminal Appeals will grant such a motion only if the Court concludes the circumstances are truly exceptional.

(2) The party may file in the Court of Criminal Appeals a motion to supplement the record in the trial court. In this motion, the party should describe the evidence the party intends to file, explain its evidentiary value, and state why the evidence could not have been filed in the trial court before the Court of Criminal Appeals filed and set the application for submission. The moving party must immediately serve copies of the motion and the evidence the party seeks to file on the other party or parties in the case. If the Court of Criminal Appeals grants the motion, the party may file the evidence with the district clerk of the county of conviction, and should attach a copy of the motion to supplement and the Court of Criminal Appeals' order granting said motion. The district clerk shall immediately send a copy of the filed materials to the trial judge assigned to the habeas case and to the other party or parties in the case, and otherwise comply with the procedures set out in Rule 73.4(b) of these rules.

(b) If the Court of Criminal Appeals has received an Article 11.07 or 11.071 application from the district clerk of the county of conviction, but the Court has not yet filed and set the application for submission, the party must file in the Court of Criminal Appeals a motion to stay the proceedings pending the filing of the evidence in the trial court. In this motion, the party should describe the evidence the party intends to file and explain its evidentiary value. The moving party must immediately serve copies of the motion and the evidence the party seeks to file on the other party or parties in the case. If the Court of Criminal Appeals grants the motion, the Court will specify a designated time frame for the party to file the evidence with the district clerk of the county of conviction. The party should attach a copy of the motion to stay proceedings and the Court of Criminal Appeals' order granting said motion to the evidentiary filing. The district clerk of the county of conviction shall immediately send a copy of the filed materials to the trial judge assigned to the habeas case and to the other party or parties in the case, and otherwise comply with the procedures set out in Rule 73.4(b) of these rules.

Comment to 2017 change: Rule 73.7 is added. This rule only applies after an Article 11.07 or 11.071 application has been forwarded to the Court of Criminal Appeals. If an Article 11.07 or 11.071 application is pending in the trial court and has not been forwarded to the Court of Criminal Appeals, a party may file additional evidentiary materials with the district clerk of the county of conviction without filing any special motion in the Court of Criminal Appeals or the trial court. But the district clerk of the county of conviction still must immediately send a copy of the filed materials to the trial judge assigned to the habeas case and to the other party or parties in the case, and otherwise comply with the procedures set out in Rule 73.4(b) of these rules.

TRD-201700452

Martha Newton

Rules Attorney

Supreme Court of Texas

Filed: February 2, 2107


Texas Department of Transportation

Aviation Division - Request for Qualifications for Professional Architectural/Engineering Services

The City of Monahans, through its agent, the Texas Department of Transportation (TxDOT), intends to engage a professional architectural/engineering firm for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT Aviation Division will solicit and receive qualification statements for the current aviation project as described below.

Current Project:City of Monahans; TxDOT CSJ No.: 1706MONHN.

Scope: Provide engineering/design services, including construction administration, to reconstruct Runway 12-30 (with pavement assessment).

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

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

The DBE goal for the design phase of the current project is 7%. The goal will be re-set for the construction phase. TxDOT Project Manager is Stephanie Kleiber, PE.

A voluntary pre-submittal meeting is scheduled from 2:00 p.m. - 3:00 p.m. on February 23, 2017, at Roy Hurd Memorial Airport, 801 S. Mabel Street, Monahans, TX 79756. There will be an opportunity for interested firms to ask questions followed by an airport site visit.

Utilizing multiple engineering/design and construction grants over the course of the next five years, future scope of work items at the Roy Hurd Memorial Airport may include the following:

Reconstruction of Runway 12-30 and rehabilitation of airfield pavement.

The City of Monahans reserves the right to determine which of the above services may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services above.

To assist in your qualification statement preparation, the criteria, 5010 drawing, project diagram, and most recent Airport Layout Plan are available online at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Roy Hurd Memorial Airport." The qualification statement should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current and future scope.

AVN-550 Preparation Instructions:

Interested firms shall utilize the latest version of Form AVN-550, titled "Qualifications for Aviation Architectural/Engineering Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-550 template. The AVN-550 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-550. If a prime provider submits more than one AVN-550, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

The completed Form AVN-550 must be received in the TxDOT Aviation eGrants system no later than March 21, 2017, 11:59 p.m. (CDST). Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

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

An instructional video on how to respond to a solicitation in eGrants is available at http://txdot.gov/government/funding/egrants-2016/aviation.html.

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

The consultant selection committee will be composed of Aviation Division staff. The final selection by the committee will generally be made following the completion of review of AVN-550s. The committee will review all AVN-550s and rate and rank each. The Evaluation Criteria for Engineering Qualifications can be found at http://www.txdot.gov/inside-txdot/division/aviation/projects.html under Information for Consultants. All firms will be notified and the top rated firm will be contacted to begin fee negotiations for the design and bidding phases. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Kelle Chancey, Grant Manager. For technical questions, please contact Stephanie Kleiber, Project Manager.

For questions regarding responding to this solicitation in eGrants, please contact the TxDOT Aviation help desk at 1-800-687-4568 or avn-egrantshelp@txdot.gov.

TRD-201700435

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 31, 2017


Rescind Notice of Intent to Prepare an Environmental Impact Statement for the Lone Star Rail Project in Central Texas

The Federal Highway Administration (FHWA), the Texas Department of Transportation (TxDOT), and the Lone Star Rail District (LSRD) published a Notice of Intent in the Texas Register on October 17, 2014 (39 TexReg 8305) and a revised Notice of Intent on December 26, 2014 (39 TexReg 10556) to prepare an EIS for the proposed project to construct and operate the Lone Star Rail Project, a regional passenger rail service system connecting the greater Austin and San Antonio metropolitan areas. A Notice of Intent was also published in the Federal Register on October 6, 2014 (79 Fed. Reg. 60232). The proposed EIS was to evaluate the reasonable corridor alternatives.

The LSRD conducted numerous studies and conducted public meetings to gather input from the public and other stakeholders to consider in the development of the Draft EIS (DEIS). In October 2016, TxDOT requested that preparation of the DEIS be stopped and the Notice of Intent be rescinded. In January 2017, TxDOT provided information to FHWA supporting its request to rescind the Notice of Intent. FHWA published its Notice to Rescind Notice of Intent to prepare an EIS for the Lone Star Rail Project in the Federal Register on January 24, 2017 (82 Fed. Reg. 8255).

The request is based on a number of issues. First, Union Pacific Railroad Company (UPRR) cancelled the UPRR/LSRD agreement for the possible use of UPRR’s MoPac corridor (the locally preferred alternative), rendering the alternative of using the UPRR right of way nonviable. This action caused a cascade of additional actions by other entities, including the removal of the project from the Capital Area Metropolitan Planning Organization’s (CAMPO) metropolitan transportation plan (MTP) and an ongoing effort to remove the project from the Alamo Area Metropolitan Planning Organization’s (AAMPO) MTP. Pursuant to current regulations (23 C.F.R. Part 450), the project could not advance to a NEPA decision without being in both MPOs’ MTPs. Further, TxDOT analyzed the remaining initially reasonable alternatives and determined that:

• The use of the IH 35 corridor would not be financially feasible due to ROW constraints and ongoing IH 35 improvements.

• The use of the SH 130 corridor per the LSRD 2008 fatal flaw analysis concluded the corridor would not support a commuter rail line, and ridership and connectivity would make the corridor nonviable.

• Other alternative or hybrid combinations such as the IH 35 and UPRR corridors lack viability.

Further, with an estimated cost of between $2 to $3 billion, funding anticipated by LSRD, such as the State’s Rail Relocation and Investment Fund, Federal Rail Administration grants, and private investment have not been capitalized or funded at levels necessary to complete the project.

Due to the issues described above, further development of the DEIS is not warranted at this time. As a result, the above-mentioned original Notice of Intent and the revised Notice of Intent are rescinded.

FHWA and TxDOT agree that the information gathered during the LSRD EIS project can be used in future efforts to determine viable transportation options for the Austin-San Antonio corridor.

For further information, please contact Michael T. Leary, Director, Planning and Program Development, Federal Highway Administration, 300 East 8th Street, Austin, Texas 78701, telephone (512) 536-5940; or Melissa Neeley, Rail Projects Manager, Texas Department of Transportation, 118 East Riverside, Austin, Texas, 78704, telephone (512) 416-3014.

TRD-201700405

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 30, 2017


Workforce Solutions North Texas

Child Care Services Request for Proposals

Workforce Resource, Inc. dba Workforce Solutions North Texas, is a 501c3 non-profit corporation seeking proposals for management and operation of its Child Care Services, which covers 11 counties.

To obtain Request for Proposal packets available via email on February 10, 2017, or to obtain more information, contact Patti Hamilton at (940) 767-1432 or email to patricia.hamilton@ntxworksolutions.org.

Deadline to submit proposal is 4:00 p.m. (CDT) Monday, April 3, 2017.

We will hold a Bidders Conference at 2:00 p.m. on Monday, February 27, 2017, in the Workforce Solutions conference room at 901 Indiana, Suite 180, Wichita Falls, TX 76301.

Workforce Solutions North Texas is an Equal Opportunity Employer/Program and a proud partner of the American Job Center network. Auxiliary aids and services are available upon request to individuals with disabilities. Program operation is dependent upon availability of funds from Texas Workforce Commission.

TRD-201700432

Kitty Howard

Deputy Director

Workforce Solutions North Texas

Filed: January 31, 2017