IN ADDITION

Texas Department of Agriculture

Nursery/Floral Enforcement Guidelines and Penalty Matrix

Under Chapter 71, Subchapter B of the Texas Agriculture Code (Code), the Texas Department of Agriculture (Department) has the authority to register, monitor and inspect all Texas nursery/floral establishments. In order to ensure that all nursery products and floral items sold in Texas are pest and disease free, the Department enforces a variety of nursery/floral standards or other requirements through registration requirements, routine and risk-based inspection programs, complaint investigations, and other regulatory activities.

The Department enforces regulatory requirements through administrative actions, including stop sale orders, inspections, as well as monetary administrative penalties or licensing sanctions. In instances of serious fraud, widespread deliberate violation of the law or repeat offenders who have failed to be deterred through administrative actions, the matter may also be referred to the Office of the Attorney General or to a local district or county attorney for assessment of civil penalties, criminal prosecution, or both. Civil penalties or criminal prosecution may be pursued instead of or in addition to any administrative or direct enforcement action by the Department. Civil penalties under Chapter 71, Subchapter B can be as high as $1,000 per violation. Administrative penalties can range up to a statutorily imposed maximum of $5,000 for each violation. Each day a violation continues or occurs may be considered a separate violation for purposes of penalty assessment.

The Department publishes these Nursery/Floral Enforcement Guidelines, including the Nursery/Floral Administrative Penalty Matrix. These guidelines describe in general terms the most likely consequences of noncompliance with Chapter 71, Subchapter B of the Code, and rules in Title 4, Chapter 22, of the Texas Administrative Code (TAC), relating to Nursery Products and Floral Items. These guidelines and penalty matrix have been developed to provide consistent, uniform, and fair assessments of penalties by the Department's enforcement staff for violations of the aforementioned statutes and rules.

These guidelines do not constitute a policy or rule of general applicability. Under §12.020(d) of the Code, all penalties assessed by the Department ultimately must be individualized to the specific nature, circumstances, extent, and gravity (NCEG) and the hazard or potential hazard (HPH) of the violation, and must take into account other factors related to the violation or violator listed in the aforementioned subsections when appropriate. The Department has determined that in general the NCEG and HPH of the violations described in the matrix, as well as other factors, will vary little from case to case for the violations listed herein, thus warrant the prescription of an established prescribed penalty for each violation type, however, the actual penalty amount to be assessed in a particular case remains within the Department's prosecutorial discretion. In circumstances outside the general principles defining these basic guidelines, the penalties set forth in the matrix may be adjusted significantly upwards or downwards as justice may require.

The Department's enforcement staff is authorized to settle disputed claims or address unusual or extraordinary circumstances informally through penalty reductions, probationary periods, deferred penalties, remedial actions in lieu of penalties, or by other appropriate lawful means, at their discretion and subject to approval of the Commissioner or Deputy Commissioner of Agriculture. The Department encourages all respondents to timely reply to notices of violation or other enforcement actions and to submit any information believed to mitigate or negate the alleged violation or, which would, as justice requires, warrant reduction or waiver of the penalty. The Department's enforcement staff will consider all relevant and responsive information, claims, or contentions submitted in response to an enforcement action before further legal action is taken to enforce the assessed penalty.

The general principles incorporated into these guidelines, including the matrix, and the Department's enforcement responses to violations of Chapter 71, Subchapter B of the Code and associated rules are as follows:

1. Standards, prohibitions, duties, or other requirements of Chapter 71, Subchapter B of the Code and rules adopted under the authority of that chapter are considered strict liability laws, unless intent or knowledge is expressly required by the underlying provisions or applicable rules.

2. Prescribed penalties in the first-offense column of the matrix are generally the minimum penalties to be assessed for unintentional or unknowing noncompliance with a standard, prohibition, duty, or other requirement as set by Chapter 71 of the Code and the associated rules. In other words, the Department has presumed in determining the amount of the penalty for a first violation, unless otherwise expressly noted, that the noncompliant person acted without intent or knowledge in violating the law. Unless the matrix provision expressly states a penalty is to be assessed only upon proof the violation was intentional or knowing, a claim that the noncompliant actor did not intend to commit or did not know they were committing a violation is not a defense and does not constitute a circumstance for which a penalty in this matrix may be reduced or waived.

3. Penalties in the matrix, for all offense levels, also assume no significant, specific, identifiable harm has occurred as the result of the noncompliant conduct. A primary goal of regulation is to deter conduct that may cause harm before harm actually occurs. Thus, conduct that may cause harm will be punished, even when no harm has occurred or cannot be shown to have occurred, in order to deter future noncompliance that may or would result in harm. Regulatory systems are intended to be proactive, not reactive.

4. Because the penalties in the matrix are for presumed noncompliant conduct, in the absence of evidence to the contrary, not intentional or knowing and for which no significant, specific, identifiable harm has occurred, the Department may, as justice requires, assess penalties greater than specified in the matrix, bound only by the statutory limit, when the evidence demonstrates the misconduct was knowing, intentional, has caused or will cause significant harm to economic interests of Texas, or is the result of deliberate indifference to or habitual negligence in complying with the law. The amount of any increase in the penalty will be determined by considering the nature of the intent or knowledge, the amount and nature of the harm, the need for deterrence, and any other relevant factor.

5. A person who has previously been assessed a penalty or license sanction for violating the same or similar provision of the law or who has received an inspection finding, warning, or other Department notice regarding the same or similar noncompliant conduct may be presumed to have acted with intent when committing subsequent violations of the same or similar provision of the law. The consequence of an intentional or knowing violation may be an increase in the penalty above what is prescribed in the matrix.

6. The Department evaluates prior violations at the client or owner level, not the managerial level. In other words, for a single legal entity operating multiple locations, whether concurrently or sequentially, a violation at any one location will be considered a prior violation with respect to any future violation(s) committed by that same entity at the same or different location(s). For some violations the penalty remains a flat amount across multiple subsequent violations and the penalty amount for such violations will not automatically increase as the result of a prior violation absent evidence demonstrating the misconduct was knowing, intentional, has caused or will cause significant harm to economic interests of Texas, or is the result of deliberate indifference to or habitual negligence in complying with the law.

7. The date of a violation is the actual date the violation occurred, the date the violation first began in the case of a continuing violation occurring over a number of consecutive days, or any date within the period of consecutive days constituting a continuing violation, as appropriate to the violation and circumstances.

If the date of first occurrence cannot be determined, the date of the violation is the date the Department first discovers the violation (or the date of the first provable violation) and any consecutive day thereafter on which the violation continues (or continued).

8. In determining whether a particular entity has a prior violation, the Department will review the five-year time period immediately preceding the date of the current violation to determine whether an order was issued finding that the entity committed the same or similar violation or approving a no-contest plea by the entity regarding such a violation. If such an order is found, then a prior violation exists.

9. Payment of the full amount of an assessed penalty in any form, outside of an authorized settlement agreement, constitutes a waiver of all objections to the Department's allegations. All objections, assertions, comments, or qualifications of any kind accompanying any such penalty payment shall be considered void and of no effect. No such objection, assertion, or comment shall be acknowledged by or incorporated into the findings of fact or conclusions of law set forth in the order approving payment of the penalty. If a respondent wishes to object to or otherwise contest any portion of the Department's notice of violation, the respondent must request a hearing or negotiate a settlement with the Department's enforcement staff that addresses the respondent's objections.

Each warning, no-contest or default disposition regardless of form shall also operate as a prior violation (occurrence) for purposes of future Department penalty determinations. Payment of a penalty in full or payment of a penalty in full with one or more objections, assertions, comments, or qualifications by the respondent shall constitute a no-contest disposition, in the absence of a stipulation or hearing determination. Absent withdrawal or rescission of the alleged violation by the Department, or an approved settlement, a respondent must request a hearing and obtain a favorable ruling through the hearing process, or by district court or appellate court judgment on appeal, that the violation did not occur to avoid use of the alleged violation as a prior violation (occurrence) or to obtain findings of fact or conclusions of law that incorporate or take into account any objections, assertions, comments, or qualifications proffered by the respondent.

Partial payments of an assessed penalty, absent an approved settlement, shall be returned and the Department shall consider any such failure to pay the full penalty amount to be a request for a hearing.

10. The Department does not consider the immediate correction or cessation of noncompliant conduct, omission, or correction or removal of noncompliant equipment or products to be a defense or excuse to assessment of a violation, penalty or license sanction. Nothing in this provision shall prevent the Department from adopting policies that provide for no penalty, waiver of a penalty, or reduction of a penalty upon correction, cessation, or removal of noncompliance in particular circumstances.

These guidelines, including the matrix, are based on current circumstances, including extant information, laws, and Department policies. These guidelines will be reviewed and updated, as necessary.

This matrix is effective immediately upon publication in the Texas Register and supersedes the Nursery/Floral Administrative Penalty Matrix as previously published in the February 10, 2012, issue of the Texas Register (37 TexReg 779), and applies to violations committed on or after the date this matrix is published.

This penalty matrix will be published as a proposed rule to Title 4, Chapter 22 of the Texas Administrative Code at a future date for public comment and subsequent adoption.

Penalty Matrix (.pdf)

TRD-201700622

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Filed: February 15, 2017


Alamo Area Metropolitan Planning Organization

Request for Proposals - Bike Share Master Plan Study

The Alamo Area Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to conduct the Bike Share Master Plan Study.

A copy of the Request for Proposals (RFP) and its attachments may be downloaded from the MPO's website at www.alamoareampo.org or obtained by calling Jeanne Geiger, Deputy Director, at (210) 227-8651. Anyone wishing to submit a proposal must do so electronically by 12:00 p.m. (CT), Friday, March 24, 2017, to aampo@alamoareampo.org.

Funding for this study, in the amount of $225,000, is contingent upon the availability of Federal transportation planning funds.

TRD-201700573

Jeanne Geiger

Deputy Director

Alamo Area Metropolitan Planning Organization

Filed: February 9, 2017


Request for Proposals - Regional Transportation Attitude Survey III

The Alamo Area Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to conduct the Regional Transportation Attitude Survey III.

A copy of the Request for Proposals (RFP) and its attachments may be downloaded from the MPO's website at www.alamoareampo.org or obtained by calling Jeanne Geiger, Deputy Director, at (210) 227-8651. Anyone wishing to submit a proposal must do electronically by 12:00 p.m. (CT), Friday, March 24, 2017, to aampo@alamoareampo.org.

Funding for this study, in the amount of $200,000, is contingent upon the availability of Federal transportation planning funds.

TRD-201700572

Jeanne Geiger

Deputy Director

Alamo Area Metropolitan Planning Organization

Filed: February 9, 2017


Office of the Attorney General

Major Consulting Contract Notification

Description of Services

The Office of the Attorney General (OAG) is the agency responsible for the running and management of the Texas Child Support Program according to the Child Support Enforcement Program guidelines as set forth in Title IV-D of the Social Security Act.

To meet increasing customer service demands, manage growing caseloads, and improve automation of processes, the OAG is transforming the existing child support system, Texas Child Support Enforcement System (TXCSES), using newer technologies. The Child Support Division (CSD) refers to this initiative as the TXCSES 2.0 Initiative (T2).

As a component of this effort, the Administration for Children and Families (ACF) Office of Child Support Enforcement (OCSE), in accordance with Federal regulations at 45 Code of Federal regulations (CFR) Part 307.15(b)(10)(i), determined that an Independent Verification and Validation (IV&V) review of the project was necessary. These provisions require an independent entity to review and report on all technical and managerial aspects of the project in order to provide for objective analysis of T2 activities to identify and inform the OCSE of any areas of weakness and/or risk to the project along with recommended solutions. IV&V services will provide ongoing and full-time oversight with regular, formal assessments and targeted, periodic assessments upon request.

Vendor Name and Address

First Data Corporation

225 Liberty Street, 29th Floor

NEW YORK, NY 10281

Total Value and Begin and End Dates of the Contract

The total value of the contract is $5,421,994.82.

The Contract will begin on January 31, 2017, and the initial term shall end on August 31, 2018. The Contract may be renewed for two (2), optional, one (1) year term(s) with the first optional renewal term beginning on the day after expiration of the initial term or the first day after expiration of an extension.

Table of Due Dates for Deliverables

TRD-201700611

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: February 14, 2017


Castro County

Rural Waiver of Medicaid Beds in Castro County

The Department of Aging and Disability Services (DADS) rule 40 TAC §19.23322(h)(7) permits the County Commissioners Court of a rural county with a population of less than 100,000 and no more than two Medicaid-certified nursing facilities to request that DADS contract for additional Medicaid nursing facility beds in that county. This may be done without regard to the occupancy rate of available beds in the county.

The Castro County Commissioners Court is considering requesting that DADS contract for additional Medicaid nursing facility beds in Castro County. The Commissioners Court is soliciting public input and comments on whether the request should be made to DADS, and to consider proposals from qualified persons or entities interested in proving additional Medicaid nursing home services in Castro County.

Comments can be made in writing to Castro County Commissioners Court to the Castro County Judges' office at 100 E. Bedford, Dimmitt, Texas 79027 within 30 days from the date this notice is published in the Texas Register.

TRD-201700586

Linda Rasor

CEO

Castro County

Filed: February 13, 2017


Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil - January 2017

The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of crude oil for reporting period January 2017 is $36.79 per barrel for the three-month period beginning on October 1, 2016, and ending December 31, 2016. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of January 2017, from a qualified low-producing oil lease, is not eligible for a credit on the crude oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period January 2017 is $2.20 per mcf for the three-month period beginning on October 1, 2016, and ending December 31, 2016. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of January 2017, from a qualified low-producing well, is eligible for a 100% credit on the natural gas production tax imposed by Tax Code, Chapter 201.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of January 2017 is $52.55 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of January 2017, from a qualified low-producing oil well.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of January 2017 is $3.29 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of January 2017, from a qualified low-producing gas well.

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

TRD-201700570

Lita Gonzalez

General Counsel

Comptroller of Public Accounts

Filed: February 8, 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 02/20/17 - 02/26/17 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 02/20/17 - 02/26/17 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-201700605

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 14, 2017


Credit Union Department

Application for a Merger or Consolidation

Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration:

An application was received from Texas Trust Credit Union (Mansfield) seeking approval to merge with Qualtrust Credit Union (Irving), with Texas Trust Credit Union being the surviving credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-201700629

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 15, 2017


Application to Expand Field of Membership

Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration:

An application was received from Amplify Credit Union, Austin, Texas to expand its field of membership. The proposal would permit members of Bat Conservation International or those individuals eligible for membership in Bat Conservation International who reside within the State of Texas, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.cud.texas.gov/page/bylaw-charter-applications. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-201700628

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 15, 2017


Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Application to Expand Field of Membership - Approved

First Basin Credit Union, Odessa, Texas - See Texas Register issue dated January 20, 2016.

Neighborhood Credit Union, Dallas, Texas - See Texas Register issue dated July 15, 2015.

TRD-201700626

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 15, 2017


Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Application to Amend Articles of Incorporation - Approved

Texans Credit Union, Richardson, Texas - See Texas Register issue dated December 9, 2016.

TRD-201700627

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 15, 2017


Texas Education Agency

Public Notice Announcing the Availability of the Proposed Texas Individuals with Disabilities Education Improvement Act of 2004 (IDEA) Eligibility Document: State Policies and Procedures

Purpose and Scope of the Part B Federal Fiscal Year (FFY) 2017 State Application and its Relation to Part B of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA Part B). The Texas Education Agency (TEA) is inviting public comment on its Proposed State Application under IDEA Part B. The annual grant application provides assurances that the state's policies and procedures in effect are consistent with the federal requirements to ensure that a free appropriate public education is made available to all children with a disability from 3 to 21 years of age, including children who have been suspended or expelled from school. 34 Code of Federal Regulations, §300.165, requires that states conduct public hearings, ensure adequate notice of those hearings, and provide an opportunity for public comment, including comment from individuals with disabilities and parents of children with disabilities, before adopting policies and procedures.

Availability of the State Application. The Proposed State Application is available on the TEA website at http://tea.texas.gov/Academics/Special_Student_Populations/Special_Education/Programs_and_Services/Annual_State_Application_under_IDEA_Part_B_and_IDEA_Eligibility_Documentation/. Instructions for submitting public comments are available from the same site. The Proposed State Application will also be available at the 20 regional education service centers and at the TEA Library (Ground Floor, Room G-102), William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Parties interested in reviewing the Proposed State Application at the William B. Travis location should contact the TEA Division of Federal and State Education Policy at (512) 463-9414.

Procedures for Submitting Written Comments. The TEA will accept written comments pertaining to the Proposed State Application by mail to the TEA, Division of Federal and State Education Policy, 1701 North Congress Avenue, Austin, Texas 78701-1494 or by email to sped@tea.texas.gov.

Timetable for Submitting the State Application. After review and consideration of all public comments, the TEA will make necessary or appropriate modifications and will submit the State Application to the U.S. Department of Education on or before May 12, 2017.

For more information, contact the TEA Division of Federal and State Education Policy by mail at 1701 North Congress Avenue, Austin, Texas 78701; by telephone at (512) 463-9414; by fax at (512) 463-9560; or by email at spedrule@tea.texas.gov.

TRD-201700625

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: February 15, 2017


Request for Kindergarten Assessment Instruments, Including Multidimensional Assessment Tools

Filing Date. February 15, 2017

Filing Authority. Texas Education Code, §28.006

Description. The Texas Education Agency (TEA) is notifying publishers, school districts, charter schools, and other organizations that kindergarten assessment tools (English and Spanish) may be submitted for review for inclusion on the 2017-2021 Commissioner's List of Approved Kindergarten Assessment Instruments. The 2017-2021 Commissioner's List of Approved Kindergarten Assessment Instruments will be available in spring 2017 so that school districts and open-enrollment charter schools may order instruments for implementation in the 2017-2018 school year. Instruments selected for the commissioner's list will remain on the list for a minimum of two school years. Inclusion on the 2017-2021 Commissioner's List of Approved Kindergarten Assessment Instruments will be evaluated in terms of psychometric properties (reliability and validity), administrative features, scoring, and efficiency (e.g., cost, time to administer, feasibility of implementation). TEA will give priority to multidimensional assessments; unidimensional assessments will also be considered (see criteria as follows).

Texas Education Code (TEC), §28.006, authorizes the commissioner of education to develop recommendations for school districts to use multidimensional assessment tools to measure and monitor students' developmental skills. In accordance with the TEC, §28.006(b), the commissioner shall include on the commissioner's list at least two multidimensional assessment tools. A multidimensional assessment tool on the commissioner's list must (a) test at least three developmental skills, including literacy, or (b) test at least two developmental skills, other than literacy, and be administered in conjunction with a separate reading instrument that is on the list of approved assessment tools. Other developmental skills include (1) social and emotional development, (2) language and communication, (3) gross and fine motor development, (4) mathematics, and (5) cognitive development.

Criteria Specific to Kindergarten Assessment Instruments. Publishers, school districts, charter schools, and other organizations will be responsible for submitting kindergarten tools to be considered for inclusion on the 2017-2021 Commissioner's List of Approved Kindergarten Assessment Instruments. Submissions must include a concise summary of the evidence base for each requested component in this request along with a brief discussion of how the instrument aligns with the cited research. Submissions must include supporting documentation. See the following Guidelines for the Implementation of TEA Criteria for the Evaluation of English and Spanish Kindergarten Assessment Instruments for additional information.

Guidelines for the Implementation of TEA Criteria for the Evaluation of English and Spanish Kindergarten Assessment Instruments

1. The instrument must be intended for use in kindergarten. Kindergarten tools may be limited to kindergarten entry (screening measures) or may assess entry and also track progress throughout the school year (progress monitoring). Screening measures are brief assessments of skills that are important early indicators of later school competence. These provide information on entry-level skills at the beginning of the kindergarten year. Progress monitoring refers to brief measures that are conducted on a routine basis to provide information on what children are learning and rates of improvement across the kindergarten year. As progress monitoring measures are brief, teachers can conduct them at least three times across a school year and learn which students are or are not demonstrating adequate progress. Results of measures should be predictive of comprehensive standardized measures.

2. Teachers must use a standardized measure to assess student performance. This means the assessment has a common set of questions, tasks, and materials and the child's score is based on a normative sample of children.

3. Whenever possible, skill levels of children who speak a language other than English should be assessed in both their home language and English. Measurement of home language skill level is essential when children are enrolled in bilingual instructional programs. In particular, assessments that are able to assess students in both English and Spanish are preferred.

4. The cumulative assessment time must not exceed 60 minutes per student. Some criteria may be measured through observation, informal assessments, reflection, collection of children's work in portfolios, or checklists. Informal assessments may not be the primary method for monitoring children's progress.

5. A measure must directly assess five domains of health and wellness development, language and communication, emergent literacy - reading, emergent literacy - writing, and mathematics, as they are specified in the Texas Prekindergarten Guidelines respectively.

Criteria for Review: Multidimensional Assessments. In order to be considered for review, multidimensional instruments must measure at least three domains of development, including literacy. Assessments that measure more than three domains are preferred.

Criteria for Review: Unidimensional Assessments. In order to be considered for review, unidimensional instruments must fully measure all the concepts in the respective domain. This means that a score for individual concepts within the domain must be provided as well as a single composite score for the domain. For example, an assessment that measures only expressive vocabulary will not be considered as a full assessment of language and communication.

6. The measure should have a scoring structure that yields a separate score for each domain included for kindergarten. For this review, an instrument is only considered to "assess" a domain if it provides a score for that domain.

7. The assessment tool may be individually administered, may be group administered, and/or may consist of an observation checklist. Domain scores for each individual child must be provided.

8. Administration of the instrument by a classroom teacher must be allowable. Specifically, the qualifications for those who administer and interpret the instrument (as specified in publisher's guidelines) should be within the coursework and/or licenses typically completed by teachers certified to teach in Texas public schools. Administration procedures requiring timing, the establishment of basals and ceilings, complex judgments, and/or subjective ratings that require the special training of a diagnostician are inappropriate for teacher administration.

9. If the instrument is norm-referenced, it must have a representative norming sample in terms of the sample size and the groups represented. Norm-referenced tests must be representative of the population of students in the grade(s) for which the measure is intended. Criterion-referenced decisions about criterion mastery, non-mastery, risk, and impairment have special requirements for reliability and validity (see Guidelines 10 and 11).

10. At a minimum, a measure must possess adequate reliability as demonstrated by independent research. For tests built using classical test theory, this should include internal consistency and alternate form and/or test-retest reliability data as appropriate for the measure's purpose and intended use. Evidence of alternate-form reliability should be submitted.

For tests developed using item response models, suitable psychometric data from the test development process should be submitted, including, but not limited to, the standard error of measurement, indices of item discrimination and difficulty, and total test information. Classifications resulting from criterion-referenced tests must be shown to be reliable. Instruments that depend on examiner ratings must demonstrate appropriate forms of inter-rater reliability.

11. Decisions based on test results must be supported by validity evidence established by independent research. Evidence of construct, content, criterion validity (concurrent or predictive), and discriminant and convergent validity are appropriate, depending on the purpose and intended uses of the measure. Classifications resulting from criterion-referenced tests must be shown to be valid and must demonstrate both sensitivity and specificity. Submissions should include evidence of internal consistency reliability (e.g., alpha coefficients) and construct/criterion validity (e.g., correlations with measures of similar and/or dissimilar constructs, results of confirmatory factor analyses). Evidence of predictive validity should be submitted for measures that claim to predict future status or the likelihood of subsequent success.

12. Normative and technical data for the instrument must be no more than 15 years old (2001 or later).

13. Instruments that include reliable and valid measures of phonological awareness and single-word decoding will satisfy the commissioner's requirements related to the identification of risk for disability or dyslexia, pending further research and further communication from TEA.

14. Assessments in English and/or Spanish may be submitted for review.

Instructions

1. Please complete the form included in this document. Provide written response to all inquiries, and attach any supporting technical evidence using the prompts provided in each section.

Figure-Request for Information (RFI) Form (.pdf)

2. Email this completed form with all attachments embedded to core@smu.edu no later than 3:00 p.m. (Central Time) on Friday, March 17, 2017.

3. Submit three paper copies of the form, including all attachments, to the SMU Center on Research and Evaluation at the address provided in this notice no later than 3:00 p.m. (Central Time) on Friday, March 17, 2017 (submissions must be received at this time).

4. Submit two jump drives, including electronic versions of the submission form and all supporting documentation, to the SMU Center on Research and Evaluation at the address provided in this notice no later than 3:00 p.m. (Central Time) on Friday, March 17, 2017 (submissions must be received at this time).

5. Clearly mark packages with the following: name of submitting agency, date of submission, contact name, contact phone number, and contact email address. A confirmation of receipt of all required materials will be emailed to the contact email address provided.

6. Submissions that do not include all required materials (email of form and attachments, three paper copies of form and attachments, two jump drives with form and attachments, and supporting materials) or submissions that are not received by the deadline will not be reviewed.

Please note that all submissions will be reviewed using the Guidelines for the Implementation of TEA Criteria for the Evaluation of English and Spanish Kindergarten Assessment Instruments and responses to the questions provided in the kindergarten submission form. Further, online or electronic tests submitted for evaluation must include online access information (e.g., web address, login, password) and/or an installable copy of the software. At least three (3) paper versions of all submission materials (the submission form) and all supporting attachments must be received by the deadline. Submissions must include the name, direct line phone number, and email address for a primary contact person who can be contacted in the event reviewers need to ask questions or request more information pertaining to the submission. Delays in responding to reviewers' questions may result in an incomplete review; products with incomplete reviews will not be considered for inclusion on the 2017-2021 Commissioner's List of Approved Kindergarten Assessment Instruments.

Proposals must be submitted to:

SMU Center on Research and Evaluation

Attn: Dylan Farmer

3140 Dyer St. #750511

Dallas, TX 75205

A rolling review will be implemented and instruments will be reviewed in the order they are received. To be considered for inclusion on the 2017-2021 Commissioner's List of Approved Kindergarten Assessment Instruments, all materials, including paper versions and jump drives, must be received no later than 3:00 p.m. (Central Time) on Friday, March 17, 2017.

Further Information. For clarifying information, contact the TEA Office of Early Childhood Education at (512) 463-8886.

TRD-201700636

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: February 15, 2017


Request for Prekindergarten Progress Monitoring Instrument Submissions

Filing Date. February 15, 2017

Filing Authority. Texas Education Code, §29.169(c)

Description. The Texas Education Agency (TEA) is notifying publishers, school districts, and charter schools that prekindergarten student progress monitoring tools (English and Spanish) may be submitted for review for inclusion on the 2017-2021 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments. The 2017-2021 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments will be available in spring 2017 so that school districts and open-enrollment charter schools may order instruments for implementation in the 2017-2018 school year. Instruments selected for the commissioner's list will remain on the list for a minimum of two school years. Inclusion on the 2017-2021 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments will be evaluated in terms of psychometric properties, administrative features, scoring, and efficiency (e.g., cost, time to administer). TEA will give priority to multi-dimensional assessments; unidimensional assessments will also be considered (see criteria as follows).

Prekindergarten. Texas Education Code (TEC), §29.169, authorizes the commissioner of education to develop a recommended list of student progress monitoring tools for school districts and charter schools to measure the progress of students in meeting the recommended prekindergarten learning outcomes. In accordance with the TEC, §29.169, a school district or charter school receiving funding as part of the High Quality Prekindergarten Grant shall select and implement appropriate methods for evaluating the district's program classes by measuring student progress and shall make data from the results of program evaluations available to parents. A school district may administer diagnostic assessments to students in a program class to evaluate student progress but may not administer a state standardized assessment instrument. An assessment instrument administered to a prekindergarten program class must be selected from a list of appropriate prekindergarten assessment instruments identified by the commissioner.

Background: High Quality Prekindergarten Grant Program Requirements. To be eligible to receive grant funding under the High Quality Prekindergarten Grant, a school district or charter school must measure the progress of each student in meeting the recommended end of prekindergarten year outcomes identified in the Texas Prekindergarten Guidelines. Each district or charter school that receives grant funding must select a progress monitoring tool or a combination of tools from the 2017-2021 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments to measure the domains listed in Table One.

Figure-Table One (.pdf)

Criteria Specific to Prekindergarten Progress Monitoring Instruments. Publishers, school districts, charter schools, and other organizations will be responsible for submitting prekindergarten progress monitoring tools to be considered for inclusion on the 2017-2021 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments. The TEA is looking for student progress monitoring tools in five domains: emergent literacy - reading, emergent literacy - writing, language and communication, social and emotional development, and mathematics. See the following Guidelines for the Implementation of TEA Criteria for the Evaluation of English and Spanish Prekindergarten Progress Monitoring Instruments for additional information. Submissions must include a concise summary of the evidence base for each requested component in this request along with a brief discussion of how the instrument aligns with the cited research. Submissions must include supporting documentation.

Guidelines for the Implementation of TEA Criteria for the Evaluation of English and Spanish Prekindergarten Progress Monitoring Instruments

1. The instrument must be intended for progress monitoring use in prekindergarten. Progress monitoring refers to brief measures that are conducted on a routine basis to provide information on what children are learning and rates of improvement across the prekindergarten year. Results of progress monitoring measures should be predictive of more lengthy (e.g., comprehensive) standardized measures. As progress monitoring measures are brief, teachers can conduct them at least three times across a school year and learn which students are or are not demonstrating adequate progress. With this knowledge, teachers report that they no longer have to "guesstimate" what children are learning and can adapt their curricular activities and instructional approaches to be more responsive to the children's needs.

2. Teachers must use a standardized measure to assess student performance. This means the assessment has a common set of questions, tasks, and materials and the child's score is based on a normative sample of children.

3. Whenever possible, skill levels of children who speak a language other than English should be assessed in both their home language and English. Measurement of home language skill level is essential when children are enrolled in bilingual instructional programs.

4. The length of time needed to administer each domain measurement must not exceed 20 minutes per student. The cumulative assessment time must not exceed 100 minutes per student. Some criteria may be measured through observation, informal assessments, reflection, collection of children's work in portfolios, or checklists. Informal assessments may not be the primary method for monitoring children's progress.

5. A measure must directly assess five domains of health and wellness development, language and communication, emergent literacy - reading, emergent literacy - writing, and mathematics, as they are specified in the Texas Prekindergarten Guidelines respectively.

Criteria for Review: Multidimensional Assessments. In order to be considered for review, multidimensional instruments must measure at least three domains. Assessments that measure all five domains are preferred.

All submitted assessments must measure both of the following two domains and must be able to provide a domain score as well as a score for the measured concepts: (1) emergent literacy-reading: representing at least 2 concepts (see Table One), and (2) mathematics: representing at least 2 concepts (see Table One).

All submitted assessments must also measure at least one of the following: (1) emergency literacy - writing: representing at least 2 concepts (see Table One), (2) language and communication: representing at least 2 concepts (see Table One), and (3) health and wellness development: representing at least 2 concepts (see Table One).

Criteria for Review: Unidimensional Assessments. In order to be considered for review, unidimensional instruments must fully measure all the concepts in the respective domain (see Table One). This means that a score for each concept must be provided as well as a single composite score for the domain. For example, an assessment that measures only expressive vocabulary will not be considered as a full assessment of language and communication.

6. The measure should have a scoring structure that yields a separate score for each domain included for prekindergarten. For this review, an instrument is only considered to "assess" a domain if it provides a score for that domain.

7. The instrument must be individually administered.

8. Administration of the instrument by a classroom teacher must be allowable. Specifically, the qualifications for those who administer and interpret the instrument (as specified in publisher's guidelines) should be within the coursework and/or licenses typically completed by teachers certified to teach in Texas public schools. Administration procedures requiring timing, the establishment of basals and ceilings, complex judgments, and/or subjective ratings that require the special training of a diagnostician are inappropriate for teacher administration.

9. If the instrument is norm-referenced, it must have a representative norming sample in terms of the sample size and the groups represented. Norm-referenced tests must be representative of the population of students in the grade(s) for which the measure is intended. Criterion-referenced decisions about criterion mastery, non-mastery, risk, and impairment have special requirements for reliability and validity (see Guidelines 10 and 11).

10. At a minimum, a measure must possess adequate reliability as demonstrated by independent research. For tests built using classical test theory, this should include internal consistency and alternate form and/or test-retest reliability data as appropriate for the measure's purpose and intended use. Evidence of alternate-form reliability should be submitted.

For tests developed using item response models, suitable psychometric data from the test development process should be submitted, including, but not limited to, the standard error of measurement, indices of item discrimination and difficulty, and total test information. Classifications resulting from criterion-referenced tests must be shown to be reliable. Instruments that depend on examiner ratings must demonstrate appropriate forms of inter-rater reliability.

11. Decisions based on test results must be supported by validity evidence established by independent research. Evidence of construct, content, criterion validity (concurrent or predictive), and discriminant and convergent validity are appropriate, depending on the purpose and intended uses of the measure. Classifications resulting from criterion-referenced tests must be shown to be valid and must demonstrate both sensitivity and specificity. Submissions should include evidence of internal consistency reliability (e.g., alpha coefficients) and construct/criterion validity (e.g., correlations with measures of similar and/or dissimilar constructs, results of confirmatory factor analyses). Evidence of predictive validity should be submitted for measures that claim to predict future status or the likelihood of subsequent success.

12. Normative and technical data for the instrument must be no more than 15 years old (2001 or later).

13. Instruments that include reliable and valid measures of phonological awareness and single-word decoding will satisfy the commissioner's requirements related to the identification of risk for disability or dyslexia, pending further research and further communication from TEA.

Instructions

1. Please complete the form included in this document. Provide written response to all inquiries, and attach any supporting technical evidence using the prompts provided in each section.

Figure-Request for Information Form (.pdf)

2. Email this completed form with all attachments embedded to core@smu.edu no later than 3:00 p.m. (Central Time) on Friday, March 17, 2017.

3. Submit three paper copies of the form, including all attachments, to the SMU Center on Research and Evaluation at the address provided in this notice no later than 3:00 p.m. (Central Time) on Friday, March 17, 2017 (submissions must be received at this time).

4. Submit two jump drives, including electronic versions of the submission form and all supporting documentation, to the SMU Center on Research and Evaluation at the address provided in this notice no later than 3:00 p.m. (Central Time) on Friday, March 17, 2017 (submissions must be received at this time).

5. Clearly mark packages with the following: name of submitting agency, date of submission, contact name, contact phone number, and contact email address. A confirmation of receipt of all required materials will be emailed to the contact email address provided.

6. Submissions that do not include all required materials (email of form and attachments, three paper copies of form and attachments, two jump drives with form and attachments, and supporting materials) or submissions that are not received by the deadline will not be reviewed.

Please note that all submissions will be reviewed using the Guidelines for the Implementation of TEA Criteria for the Evaluation of English and Spanish Prekindergarten Progress Monitoring Instruments and responses to the questions provided in the prekindergarten submission form. Further, online or electronic tests submitted for evaluation must include online access information (e.g., web address, login, password) and/or an installable copy of the software. At least three (3) paper versions of all submission materials (the submission form) and all supporting attachments must be received by the deadline. Submissions must include the name, direct line phone number, and email address for a primary contact person who can be contacted in the event reviewers need to ask questions or request more information pertaining to the submission. Delays in responding to reviewers' questions may result in an incomplete review; products with incomplete reviews will not be considered for inclusion on the 2017-2021 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments.

All proposals must be submitted to:

SMU Center on Research and Evaluation

Attn: Dylan Farmer

3140 Dyer St #750511

Dallas, TX 75205

A rolling review will be implemented and instruments will be reviewed in the order they are received. To be considered for inclusion on the 2017-2021 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments, all materials, including paper versions and jump drives, must be received no later than 3:00 p.m. (Central Time) on Friday, March 17, 2017.

Further Information. For clarifying information, contact the TEA Office of Early Childhood Education at (512) 463-8886.

TRD-201700635

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: February 15, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 27, 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 27, 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: AMAKANOJIYA, INCORPORATED dba Walkers Food Store; DOCKET NUMBER: 2016-1442-PST-E; IDENTIFIER: RN101747632; LOCATION: Bacliff, Galveston County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §§334.54(b), (c)(1) and (2), and (d)(2), 334.49, and 334.50 and TWC, §26.3475(c)(1) and (d), by failing to properly temporarily remove an underground storage tank (UST) from service; and by failing to adequately protect a temporarily out-of-service UST from corrosion; and by failing to ensure that any residue from stored regulated substances which remains in the system shall not exceed a depth of 2.5 centimeters at the deepest point and shall not exceed 0.3% by weight of the system at full capacity; 30 TAC §334.42(i) and TWC, §26.3475(c)(2), by failing to remove and properly dispose of any liquid or debris found in any sumps, manways, overspill containers or catchment basins associated with a UST system within 96 hours of discovery; 30 TAC §334.7(d)(3) and (e)(2), by failing to provide a completely and accurately filled out UST registration form; and 30 TAC §334.48(b), by failing to ensure the UST system is operated, maintained, and managed in accordance with accepted industry practices; PENALTY: $7,188; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: Brookshire Brothers, Incorporated dba Polk Pick It Up 3; DOCKET NUMBER: 2016-1990-PST-E; IDENTIFIER: RN102964202; LOCATION: Pollok, Angelina County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: CATEX Acquisitions, LLC; DOCKET NUMBER: 2016-1378-PWS-E; IDENTIFIER: RN101217347; LOCATION: Giddings, Lee County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(e)(3)(A) and Texas Health and Safety Code, §341.033(a), by failing to operate the facility under the direct supervision of a water works operator who holds a minimum of a Class D or higher license; 30 TAC §290.46(f)(2) and (3)(A)(i)(III) and (ii)(III), by failing to maintain and provide facility records to commission personnel upon request; 30 TAC §290.46(s), by failing to ensure that accurate testing equipment or some other means of monitoring the effectiveness of any chemical treatment process is used by the system; 30 TAC §290.46(m)(1)(A), by failing to conduct an annual inspection of the facility's ground storage tank (GST); 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the facility's pressure tank; and 30 TAC §290.43(c)(3), by failing to design the overflow for the facility's GST in strict accordance with current American Water Works Association standards; PENALTY: $1,443; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(4) COMPANY: City of Eastland; DOCKET NUMBER: 2016-1973-PWS-E; IDENTIFIER: RN101386944; LOCATION: Eastland, 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 0.060 for haloacetic acids, based on the locational running annual average; PENALTY: $345; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(5) COMPANY: CROCKETT EXPRESS, INCORPORATED dba Bigs 3830; DOCKET NUMBER: 2016-1832-PST-E; IDENTIFIER: RN105019574; LOCATION: Crockett, Houston 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; 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate a suspected release of regulated substance within 30 days of discovery; PENALTY: $29,854; ENFORCEMENT COORDINATOR: Rebecca Boyett, (512) 239-2503; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: Dupre Logistics LLC; DOCKET NUMBER: 2016-1980-PST-E; IDENTIFIER: RN100648096; LOCATION: Channelview, Harris 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 not covered by a valid, current TCEQ delivery certificate; PENALTY: $7,042; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2016-2021-AIR-E; IDENTIFIER: RN102926920; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(c), Texas Health and Safety Code (THSC), §382.085(b), and New Source Review Permit Number 6257E, Special Conditions Number 1, by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit the initial notification for Incident Number 234995 no later than 24 hours after discovery of the emissions event; PENALTY: $6,440; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(8) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2016-1859-AIR-E; IDENTIFIER: RN102488517; LOCATION: Kingsville, Kleberg County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Federal Operating Permit Number O3134, Special Terms and Conditions Number 8, New Source Review Permit Number 73319, and 73016, Special Conditions Number 1, and Texas Health and Safety Code, §382.085(b), by failing to comply with the maximum allowable emissions rates; PENALTY: $142,979; Supplemental Environmental Project offset amount of $57,192; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(9) COMPANY: FisherBilt Custom Haulers, LLC; DOCKET NUMBER: 2016-1786-MSW-E; IDENTIFIER: RN109011338; LOCATION: Belton, Bell County; TYPE OF FACILITY: auto body shop; RULES VIOLATED: 30 TAC §330.15(a) and (c), by failing to cause, suffer, allow, or permit the unauthorized disposal of municipal solid waste; PENALTY: $1,187; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: GAJANAND INCORPORATED dba J & W 30; DOCKET NUMBER: 2016-1890-PST-E; IDENTIFIER: RN102892239; LOCATION: Denison, Grayson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Green Ground LLC and Scott Meek; DOCKET NUMBER: 2016-1397-MSW-E; IDENTIFIER: RN109281352; LOCATION: Mansfield, Tarrant County; TYPE OF FACILITY: composting facility; RULES VIOLATED: 30 TAC §37.921(a) and §328.5(d), by failing to establish and maintain financial assurance for closure of the site; 30 TAC §328.5(c)(1) and (f)(3), by failing to provide a written cost estimate for closure of the site; and 30 TAC §332.22(a), by failing to notify the executive director in writing of the existence of the site 30 days prior to construction by completing the TCEQ form Notice of Intent to Operate a Compost Facility; PENALTY: $4,349; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: HILLTOP ESTATES WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-1741-PWS-E; IDENTIFIER: RN101439263; LOCATION: Sanger, Denton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(C), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1, 2013 - December 31, 2015 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2013 - December 31, 2015 monitoring period; 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 submit a Disinfectant Level Quarterly Operating Report to the ED for the third quarter of 2015; 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 (E.coli) sample from the facility's two active sources within 24 hours of notification of a distribution total coliform-positive result on a routine sample during the month of November 2015 and failing to provide public notification and submit a copy of the notification to the ED regarding the failure to collect a raw groundwater source E.coli sample during the month of November 2015; and 30 TAC §290.113(e) and (f)(1) and §290.122(c)(2)(A) and (f), by failing to collect Stage 1 Disinfection Byproducts (DBP1) samples and provide the results to the ED for the January 1, 2009 - December 31, 2011 and failing to provide public notification and submit a copy of the notification to the ED regarding the failure to collect DBP1 samples for the January 1, 2009 - December 31, 2011 monitoring period; PENALTY: $675; ENFORCEMENT COORDINATOR: Steven Hall, (512) 2369-2569; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: KEMPNER WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-2082-PWS-E; IDENTIFIER: RN101197549; LOCATION: Kempner, Lampasas 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; and 30 TAC §§290.272, 290.273, and 290.274(a) and (c), by failing to meet the adequacy, availability, and/or content requirements for the Consumer Confidence Report for the year 2015; PENALTY: $515; ENFORCEMENT COORDINATOR: Sandra Douglas, (512) 239-2549; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(14) COMPANY: LANDMARK INDUSTRIES ENERGY, LLC dba Timewise Food Store 5701; DOCKET NUMBER: 2016-1799-PST-E; IDENTIFIER: RN103148631; LOCATION: Richmond, Fort Bend County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(3) and (e)(2), by failing to provide an amended registration for any change or additional information regarding the underground storage tanks within 30 days from the date of the occurrence or addition; 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate a suspected release of regulated substance within 30 days of discovery; PENALTY: $30,108; ENFORCEMENT COORDINATOR: Steven Stump, (512) 239-1343; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(15) COMPANY: MUTUAL OIL TRADING INCORPORATED dba One Stop & Go; DOCKET NUMBER: 2016-1824-PST-E; IDENTIFIER: RN101540912; LOCATION: Denison, Grayson 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: Sandra Douglas, (512) 239-2549; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Peyton Thomas Homes, LLC; DOCKET NUMBER: 2016-1689-WQ-E; IDENTIFIER: RN109107615; LOCATION: Annette, Parker County; TYPE OF FACILITY: residential construction site; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction activities under Texas Pollutant Discharge Elimination System General Permit Number TXR150000; PENALTY: $1,312; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5886; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: THE CONSOLIDATED WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-2038-PWS-E; IDENTIFIER: RN101281632; LOCATION: Latexo, Houston County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.45(b)(1)(C)(iv) and (D)(iv) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a minimum pressure tank capacity of 20 gallons per connection; and 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps which have a total capacity of 2.0 gallons per minute per connection at each pump station or pressure plane; PENALTY: $612; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(18) COMPANY: Timmy Lam dba Post Oak Bend Grocery; DOCKET NUMBER: 2016-1853-PST-E; IDENTIFIER: RN101539773; LOCATION: Kaufman, Kaufman County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank for releases at a frequency of at least once every month; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: TPC Group LLC; DOCKET NUMBER: 2016-1610-MLM-E; IDENTIFIER: RN104964267; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: a chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), and §122.143(4), Texas Health and Safety Code (THSC), §382.085(b), Federal Operating Permit (FOP) Number O1327, Special Terms and Conditions (STC) Number 19, and New Source Review Permit Number 20485, Special Conditions Number 1, by failing to prevent unauthorized emissions; 30 TAC §101.201(c) and §122.143(4), THSC, §382.085(b), and FOP Number O1327, STC Number 2F, by failing to submit a final record for Incident Number 231400 no later than two weeks after the end of the emissions event; and 30 TAC §334.49(a)(2) and TWC, §26.3475(d), by failing to ensure the corrosion protection system is operated and maintained in a manner that will provide continuous corrosion protection to all underground metal components of the underground storage tank system; PENALTY: $22,063; Supplemental Environmental Project offset amount of $8,825; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(20) COMPANY: TXI Operations, LP; DOCKET NUMBER: 2016-0921-AIR-E; IDENTIFIER: RN100212067; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: cement manufacturing; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), Texas Health and Safety Code, §382.085(b), Federal Operating Permit Number O1120, Special Terms and Conditions Number 9, and New Source Review Permit Numbers 5933 and PSDTX63M3, Special Conditions Number 1, by failing to comply with the allowable hourly emissions rates; PENALTY: $115,050; Supplemental Environmental Project offset amount of $46,020; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-201700599

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 14, 2017


Enforcement Orders

An agreed order was adopted regarding City of Edgewood, Docket No. 2014-1507-MWD-E on February 15, 2017, assessing $9,687 in administrative penalties with $1,937 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 Dalden Corporation, Docket No. 2014-1517-MLM-E on February 15, 2017, assessing $31,500 in administrative penalties with $6,300 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 City of La Coste, Docket No. 2014-1796-MWD-E on February 15, 2017, assessing $12,375 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. A default order was adopted regarding George Tilman, IV and Serene Scenes, LLC, Docket No. 2015-0200-LII-E on February 15, 2017, assessing $11,213 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Amanda Patel, 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 Shallowater, Docket No. 2015-0792-PWS-E on February 15, 2017, assessing $202 in administrative penalties with $202 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.A default order was adopted regarding Mitesh C-Store, Inc. dba Lake Country Food Mart, Docket No. 2015-0866-PST-E on February 15, 2017, assessing $42,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting J. Amber Ahmed, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.A default order was adopted regarding Bakshita & Rabin, Inc dba Mineola Food Mart, Docket No. 2015-1313-PST-E on February 15, 2017, assessing $11,136 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting J. Amber Ahmed, 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 Jackson County, Docket No. 2015-1511-MSW-E on February 15, 2017, assessing $19,563 in administrative penalties with $3,912 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 Saguaro, Corp. dba El Paso C&D Recycling Plant, Docket No. 2015-1544-MSW-E on February 15, 2017, assessing $27,199 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jake Marx, 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 Town Drytech, Inc. dba Town Oaks Cleaners, Docket No. 2015-1681-MLM-E on February 15, 2017, assessing $10,716 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.A default order was adopted regarding Edwin L. Carlisle dba Crafton Mobile Home Park, Docket No. 2015-1843-PWS-E on February 15, 2017, assessing $1,891 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting J. Amber Ahmed, 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 Aransas Pass, Docket No. 2016-0133-MWD-E on February 15, 2017, assessing $12,600 in administrative penalties with $2,520 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 Patty Eckert, Docket No. 2016-0325-MSW-E on February 15, 2017, assessing $29,250 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jake Marx, 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 7-Eleven, Inc, Docket No. 2016-0350-PWS-E on February 15, 2017, assessing $1,166 in administrative penalties. 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 Sara Fortune, Inc. dba Kwik Check Drive In Groceries, Docket No. 2016-0372-PST-E on February 15, 2017, assessing $12,563 in administrative penalties with $2,512 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.A default order was adopted regarding Walter Shane Grubb, Docket No. 2016-0517-OSS-E on February 15, 2017, assessing $500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Goodsprings Water Supply Corporation, Docket No. 2016-0520-PWS-E on February 15, 2017, assessing $360 in administrative penalties. 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 Trinity River Authority of Texas, Docket No. 2016-0556-MWD-E on February 15, 2017, assessing $6,000 in administrative penalties. 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 City of Godley, Docket No. 2016-0596-MWD-E on February 15, 2017, assessing $2,125 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.A default order was adopted regarding Cassandra Montemayor dba The Ranch Store, Docket No. 2016-0607-PST-E on February 15, 2017, assessing $10,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.A default order was adopted regarding Michelle Tyson and Tom Tyson, Docket No. 2016-0650-MSW-E on February 15, 2017, assessing $1,313 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jake Marx, 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 Flint Hills Resources Port Arthur, LLC, Docket No. 2016-0738-AIR-E on February 15, 2017, assessing $14,250 in administrative penalties with $2,850 deferred. Information concerning any aspect of this order may be obtained by contacting Tiffany Maurer, 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 Red River Authority of Texas, Docket No. 2016-0778-PWS-E on February 15, 2017, assessing $481 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, 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 Phillips 66 Company, Docket No. 2016-0793-AIR-E on February 15, 2017, assessing $13,688 in administrative penalties with $2,737 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 Cowboy Star Inc. dba Beckleys Food Store, Docket No. 2016-0851-PST-E on February 15, 2017, assessing $9,932 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Epp-Texas Acquisition, LLC dba Quik Way Retail Associates 3569, Docket No. 2016-0882-PST-E on February 15, 2017, assessing $12,668 in administrative penalties with $2,533 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 City of Austin, Docket No. 2016-0886-AIR-E on February 15, 2017, assessing $9,000 in administrative penalties with $1,800 deferred. Information concerning any aspect of this order may be obtained by contacting Carol Mcgrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Star Roj Inc dba Katy Star, Docket No. 2016-0937-PST-E on February 15, 2017, assessing $39,481 in administrative penalties with $7,896 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 B & S Septic Tank Corporation, Docket No. 2016-0991-WQ-E on February 15, 2017, assessing $8,563 in administrative penalties with $1,712 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 Spikes Motor Company, Inc., Docket No. 2016-1043-PST-E on February 15, 2017, assessing $9,824 in administrative penalties with $1,964 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 Fort Bend County Municipal Utility District No. 58, Docket No. 2016-1047-MWD-E on February 15, 2017, assessing $12,937 in administrative penalties with $2,587 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 Brahma Stores Inc dba Brahma Express, Docket No. 2016-1061-PST-E on February 15, 2017, assessing $13,231 in administrative penalties with $2,646 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 City of Carthage, Docket No. 2016-1064-MWD-E on February 15, 2017, assessing $8,250 in administrative penalties with $1,650 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 Jublie, Inc. dba Murphy Food Store, Docket No. 2016-1095-PST-E on February 15, 2017, assessing $10,295 in administrative penalties with $2,059 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 Escondido Land Co., Inc., Docket No. 2016-1115-PWS-E on February 15, 2017, assessing $660 in administrative penalties with $660 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Hemphill USA Investments Inc. dba Shell 7545, Docket No. 2016-1142-PST-E on February 15, 2017, assessing $27,989 in administrative penalties with $5,597 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 City of Clute, Docket No. 2016-1238-PST-E on February 15, 2017, assessing $9,188 in administrative penalties with $1,837 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 City of Copperas Cove, Docket No. 2016-1280-MWD-E on February 15, 2017, assessing $21,375 in administrative penalties with $4,275 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 Dupre Logistics LLC, Docket No. 2016-1390-PST-E on February 15, 2017, assessing $1,985 in administrative penalties. 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 Jack Neely dba Heights Water, Docket No. 2016-0184-PWS-E on February 14, 2017, assessing $584 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Martin Gallegos, Docket No. 2016-0236-WQ-E on February 14, 2017, assessing $2,625 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Amanda Patel, 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 Aqua Utilities, Inc., Docket No. 2016-0353-PWS-E on February 14, 2017, assessing $758 in administrative penalties with $151 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 SHINTECH INCORPORATED, Docket No. 2016-0477-PWS-E on February 14, 2017, assessing $1,121 in administrative penalties with $224 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 MUNSON POINT PROPERTY OWNERS ASSOCIATION, Docket No. 2016-0489-PWS-E on February 14, 2017, assessing $825 in administrative penalties with $165 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 THE DEVEREUX FOUNDATION, Docket No. 2016-0507-PWS-E on February 14, 2017, assessing $1,150 in administrative penalties with $230 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Justin Burch and Jim Schmidt, Docket No. 2016-0529-MSW-E on February 14, 2017, assessing $2,500 in administrative penalties with $500 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding EVERETT SQUARE INC., Docket No. 2016-0540-PWS-E on February 14, 2017, assessing $1,196 in administrative penalties with $239 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 John David Renfro, Docket No. 2016-0574-MSW-E on February 14, 2017, assessing $938 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jake Marx, 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 Sherry Milner dba Lakeview, Docket No. 2016-0580-PWS-E on February 14, 2017, assessing $1,625 in administrative penalties with $325 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 Donnie Keen, Docket No. 2016-0635-IHW-E on February 14, 2017, assessing $3,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lena Roberts, 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 GULF COAST COOPERATIVE, Docket No. 2016-0695-PST-E on February 14, 2017, assessing $5,925 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lena Roberts, 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 Gilbert Interests, Inc., Docket No. 2016-0812-PST-E on February 14, 2017, assessing $1,350 in administrative penalties with $270 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 Tary Tam dba A-Ya Ya Food Mart, Docket No. 2016-0844-PST-E on February 14, 2017, assessing $5,124 in administrative penalties with $1,024 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 Aqua Utilities, Inc., Docket No. 2016-0939-PWS-E on February 14, 2017, assessing $570 in administrative penalties with $114 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 SP UTILITY COMPANY, INC., Docket No. 2016-1011-PWS-E on February 14, 2017, assessing $1,901 in administrative penalties with $380 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 SOUTHSIDE INDEPENDENT SCHOOL DISTRICT, Docket No. 2016-1147-PST-E on February 14, 2017, assessing $3,000 in administrative penalties with $600 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 City of Lawn, Docket No. 2016-1187-PWS-E on February 14, 2017, assessing $550 in administrative penalties with $110 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 Global Stop Management Inc dba Breaktime, Docket No. 2016-1353-PST-E on February 14, 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 B. C. Y. WATER SUPPLY CORPORATION, Docket No. 2016-1470-PWS-E on February 14, 2017, assessing $113 in administrative penalties with $22 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Pelican Bay, Docket No. 2016-1487-WQ-E on February 14, 2017, assessing $6,813 in administrative penalties with $1,362 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 ADVANCE PETROLEUM DISTRIBUTING COMPANY, INC., Docket No. 2016-1800-PST-E on February 14, 2017, assessing $1,106 in administrative penalties with $221 deferred. Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of League City, Docket No. 2016-1952-WQ-E on February 14, 2017, assessing $875 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.

A field citation was adopted regarding Harmon & Holcomb Homes Inc, Docket No. 2016-1953-WQ-E on February 14, 2017, assessing $875 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.

A field citation was adopted regarding Billy D. Barnett, Docket No. 2016-1998-WOC-E on February 14, 2017, assessing $175 in administrative penalties. 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.

TRD-201700641

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 15, 2017


Notice of Opportunity to Comment on a Shutdown/Default Order 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 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 27, 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 27, 2017. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are 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: CLIFTON FOOD MART, L.L.C. dba Clifton Food Mart; DOCKET NUMBER: 2016-1158-PST-E; TCEQ ID NUMBER: RN101662724; LOCATION: 714 South Avenue G, Clifton, Bosque 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 USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 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; and 30 TAC §334.606, by failing to maintain required operator training certification documentation at the facility and provide it upon request to a TCEQ-authorized investigator; PENALTY: $15,000; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-201700596

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 14, 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 27, 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 27, 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: Baymon Acme LP; DOCKET NUMBER: 2016-1344-MSW-E; TCEQ ID NUMBER: RN109268219; LOCATION: 4991 County Road 277, Melissa, Collin County; TYPE OF FACILITY: recycling and composting facility; RULES VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of municipal solid waste; 30 TAC §328.5(f)(2)(B), by failing to maintain the required waste minimization and recycling records; 30 TAC §328.5(c)(1) and (f)(3), by failing to provide a written cost estimate to close the facility which includes disposition of all processed and unprocessed materials and failing to provide adequate financial assurance to cover all closure costs for storing combustible materials outdoors; and 30 TAC §328.5(h), by failing to maintain a fire prevention and suppression plan and make it available to the local fire prevention authority; PENALTY: $9,500; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: C & C ERAE, INC. dba Agape Cleaners; DOCKET NUMBER: 2015-1436-MLM-E; TCEQ ID NUMBER: RN100607811; LOCATION: 5926 Curzon Avenue in/near Fort Worth, Tarrant County; TYPE OF FACILITY: dry cleaning drop-station; RULES VIOLATED: Texas Health and Safety Code, §374.102 and 30 TAC §337.10 and §337.11, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; 30 TAC §337.20(e)(3)(A), by failing to install a dike or other secondary containment structure around each dry cleaning unit and around each storage area for dry cleaning solvents, dry cleaning waste, or dry cleaning wastewater; 30 TAC §337.21(b), by failing to ensure that dry cleaning solvent, dry cleaning wastewater, waste materials containing dry cleaning solvent, and abandoned wastes are removed from the facility within 30 days after ceasing dry cleaning operations for 180 continuous days; 30 TAC §337.20(e)(6)(B) and §337.70(a) and (b), by failing to keep a log of weekly visible inspections of each secondary containment structure at the facility and make them available for examination upon request by agency personnel; 30 TAC §337.10(b), by failing to provide accurate information regarding the changes made at the facility; and 30 TAC §§335.62, 335.503(a), and 335.504 and 40 Code of Federal Regulations §262.11, by failing to conduct hazardous waste determinations and waste classifications; PENALTY: $9,924; STAFF ATTORNEY: Elizabeth Lieberknecht, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: CHINA SPRING MART, L.L.C.; DOCKET NUMBER: 2016-1237-PST-E; TCEQ ID NUMBER: RN102247434; LOCATION: 12815 China Spring Road, China Spring, McLennan County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $3,375; 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.

(4) COMPANY: Dario V. Guerra, III dba DERBY ING; DOCKET NUMBER: 2016-1054-PWS-E; TCEQ ID NUMBER: RN101281178; LOCATION: the southwest corner of County Road 3415 and County Road 3428, Dilley, Frio County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfection residual at representative locations throughout the distribution system at least once every seven days; 30 TAC §290.46(f)(2), (3)(A)(i)(III), (ii)(III), and (D)(i), by failing to properly maintain water works operation and maintenance records and make them available for review to the executive director during the investigation; 30 TAC §290.46(m)(1)(A), by failing to inspect the facility's ground storage tank annually; 30 TAC §290.46(m)(1)(B), by failing to inspect the facility's pressure tank annually; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the facility and its equipment; 30 TAC §290.46(m)(4), by failing to maintain all distribution system lines, storage and pressure maintenance facilities, water treatment units and all related appurtenances in a watertight condition; and 30 TAC §290.44(d) and §290.46(r), by failing to provide a minimum pressure of 35 pounds per square inch (psi) throughout the distribution system under normal operating conditions and 20 psi during emergencies, such as firefighting; PENALTY: $2,518; 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: Durable Printed Products, Inc. dba Anodizing Graphics of Texas; DOCKET NUMBER: 2015-1619-IHW-E; TCEQ ID NUMBER: RN108194986; LOCATION: 819 Success Court, Stafford, Fort Bend County; TYPE OF FACILITY: batch-oriented aluminum finishing and printing facility; RULES VIOLATED: 40 Code of Federal Regulations §262.11 and 30 TAC §§335.62, 335.503(a), 335.504, 335.511, and 335.513, by failing to conduct hazardous waste determinations and waste classifications; 30 TAC §335.9(a)(1), by failing to maintain records of all hazardous and industrial solid waste activities; 30 TAC §335.2(a), by failing to obtain authorization for industrial solid waste processing; and 30 TAC §335.6(c), by failing to update the facility's Notice of Registration; PENALTY: $18,188; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: EOLA WATER SUPPLY CORPORATION; DOCKET NUMBER: 2015-1329-MLM-E; TCEQ ID NUMBERS: RN101611945 and RN102673183; LOCATION: approximately 600 feet north of State Highway 765 and approximately 2,000 feet northeast of the intersection of State Highway 765 and State Highway 381 (wastewater treatment plant); near Farm-to-Market Road 765 (public water system), Eola, Concho County; TYPE OF FACILITY: wastewater treatment plant and public water supply system; RULES VIOLATED: TWC, §26.121(a)(1), by failing to maintain authorization to discharge waste into or adjacent to any water in the state; 30 TAC §290.46(n)(3) and TCEQ Default Order Docket Number 2013-0751-MLM-E, Ordering Provision Number 3.d.ii., by failing to provide a copy of the well completion data; 30 TAC §290.46(s)(1) and TCEQ Default Order Docket Number 2013-0751-MLM-E, Ordering Provision Number 3.a.iii., by failing to calibrate the well flow meter at least once every three years; 30 TAC §290.121(b)(6) and TCEQ Default Order Docket Number 2013-0751-MLM-E, Ordering Provision Number 3.a.iv., by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.110(f)(1)(A) and TCEQ Default Order Docket Number 2013-0751-MLM-E, Ordering Provision Number 3.d.iii., by failing to include all samples collected at sites designated in the monitoring plan as microbiological and disinfectant residual monitoring sites in compliance determination calculations; 30 TAC §290.122(a)(2) and (f) and TCEQ Default Order Docket Number 2013-0751-MLM-E, Ordering Provision Number 3.a.v., by failing to provide public notification regarding maximum contaminant level (MCL) violations for nitrate and provide a copy of the notification to the executive director (ED) regarding the acute MCL violations for nitrate; 30 TAC §288.20(a) and §288.30(5)(B) and TCEQ Default Order Docket Number 2013-0751-MLM-E, Ordering Provision Number 3.d.i., by failing to submit an adopted Drought Contingency Plan which includes all elements for municipal use by a retail public water supplier; 30 TAC §290.109(c)(3)(A)(ii), by failing to collect a set of repeat distribution coliform samples within 24 hours of being notified of a total coliform-positive result on a routine coliform sample collected; 30 TAC §290.110(e)(4)(A) and (5) and (f)(2) and (3) and §290.122(c)(2)(A) and (f), by failing to submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the ED each quarter by the tenth day of the month following the end of the quarter and by failing to submit a copy of the public notification to the ED for the failure to submit a DLQOR; 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 lead and copper samples and the failure to submit DLQORs; 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 all active sources within 24 hours of notification of a distribution total coliform-positive result on a routine sample and by failing to provide public notification regarding the failure to collect a raw groundwater source sample; and TWC, §5.702 and 30 TAC §291.76, by failing to pay regulatory assessment fees for TCEQ Public Utility Account Number 10244; PENALTY: $18,773; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(7) COMPANY: George Richard Hazlewood; DOCKET NUMBER: 2016-1267-LII-E; TCEQ ID NUMBER: RN103487617; LOCATION: 1937 Lariat Drive, Justin, Denton County; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: TWC, §37.003, Texas Occupations Code, §1903.251, and 30 TAC §30.5(a), by failing to hold an irrigator license prior to selling, designing, consulting, installing, altering, repairing, or servicing an irrigation system; PENALTY: $949; 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: Maria E. Rosas; DOCKET NUMBER: 2015-1836-MSW-E; TCEQ ID NUMBER: RN106494479; LOCATION: west side of 5th Street, approximately 285 feet northwest from the intersection of Gonzalez Street and 5th Street, Fort Hancock, Hudspeth; County TYPE OF FACILITY: real property; RULES VIOLATED: 30 TAC §330.15(c) and TCEQ AO Docket Number 2013-0583-MSW-E, Ordering Provision Number 2.b., by causing, suffering, allowing, or permitting the unauthorized disposal of municipal solid waste; PENALTY: $100; STAFF ATTORNEY: Elizabeth Lieberknecht, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(9) COMPANY: RIESEL FOOD MART, L.L.C. dba End Zone Mini Mart; DOCKET NUMBER: 2016-1256-PST-E; TCEQ ID NUMBER: RN101673275; LOCATION: 402 South Memorial Street, Riesel, McLennan County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $6,750; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-201700597

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 14, 2017


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (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 27, 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 each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 27, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Brian Fabre d/b/a Fay Ben Mobile Home Park; DOCKET NUMBER: 2015-1688-PWS-E; TCEQ ID NUMBER: RN101247328; LOCATION: 7346 County Road 6100 near Shallowater, Lubbock County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.106(c), by failing to collect metal samples for the triennial monitoring period; 30 TAC §290.109(c)(4)(B), by failing to collect one raw groundwater source Escherichia coli sample from the facility's one active source within 24 hours of notification of a distribution total coliform-positive result on a routine sample; 30 TAC §290.110(e)(4)(A) and (f)(3), 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 each quarter; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the ED by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with the compliance monitoring data; 30 TAC §290.117(c)(2)(B) and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed at an approved laboratory, and submit the results to the ED by the tenth day of the month following the end of the monitoring period; 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 submit a DLQOR; TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay Public Health Service fees and associated late fees for TCEQ Financial Administration Account Number 91520225; 30 TAC §290.41(c)(3)(O), by failing to provide a well house around the well unit that remains locked during periods of darkness and when the facility is unattended; and Texas Health and Safety Code, §341.033(a) and 30 TAC §290.46(e)(4)(A), by failing to operate the facility under the direct supervision of a water works operator who holds a Class D or higher license; PENALTY: $2,990; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(2) COMPANY: CYDIA INC d/b/a Kerens Quik Stop; DOCKET NUMBER: 2016-1001-PST-E; TCEQ ID NUMBER: RN101546703; LOCATION: 411 Northwest 2nd Street, Kerens, Navarro County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; and 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; PENALTY: $24,506; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201700598

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 14, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Adolfo Alvarez Jr.

SOAH Docket No. 587-17-2563

TCEQ Docket No. 2016-1434-MSW-E

The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - March 9, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's First Amended Report and Petition mailed January 23, 2017, concerning assessing administrative penalties against and requiring certain actions of Adolfo Alvarez Jr., for violations in Hidalgo County, Texas, of: 30 Tex. Admin. Code §330.15(a) and (c).

The hearing will allow Adolfo Alvarez Jr., the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford Adolfo Alvarez Jr., the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of Adolfo Alvarez Jr. to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's FIRST Amended Report and Petition, attached hereto and incorporated herein for all purposes. Adolfo Alvarez Jr., the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054, Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 361, and 30 Tex. Admin. Code chs. 70 and 330; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §§70.108 and 70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Audrey Liter, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 Tex. Admin. Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

Issued: February 9, 2017

TRD-201700616

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 14, 2017


Notice of Water Quality Application

The following notice was issued on February 09, 2017.

The following does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 WITHIN (10) DAYS OF THE ISSUED DATE OF THE NOTICE.

INFORMATION SECTION

TEXAS PACK, INC., which operates a shrimp, okra, and spinach processing facility, has applied for a minor amendment to Texas Pollutant Discharge Elimination System Permit No. WQ0004126000 to add "when discharging" to the description of effluent monitoring requirements because discharge will only take place when the pond reaches a certain level. The existing permit authorizes the disposal of process wastewater and wash down water at a daily average flow not to exceed 150,000 gallons per day via irrigation of 4.5 acres (interim phase) and the discharge of process wastewater and wash down water at a daily average flow not to exceed 150,000 gallons per day via Outfall 001 (final phase). The facility and land application site are located at 508 Port Road, Port Isabel, Cameron County, Texas 78578.

TRD-201700618

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 15, 2017


Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the TCEQ on February 1, 2017, in the matter of the Executive Director of the Texas Commission on Environmental Quality v. THE DYNAMITE INC dba County Food Mart; SOAH Docket No. 582-16-5120; TCEQ Docket No. 2015-1656-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against THE DYNAMITE INC dba County Food Mart on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Mehgan Taack, Office of the Chief Clerk, (512) 239-3300.

TRD-201700619

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 15, 2017


Texas Health and Human Services Commission

Public Notice - Medicaid Managed Care Reimbursement of Federally Qualified Health Centers

The Texas Health and Human Services Commission announces its intent to submit transmittal number 17-0002 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

The purpose of this amendment is to replace the requirement that a Medicaid managed care organization (MCO) reimburse a Federally Qualified Health Center (FQHC) its full per-visit rate with a requirement that in the event that an MCO pays less than an FQHC's full per-visit rate, the State will pay the remainder on at least a quarterly basis. The proposed amendment is effective March 1, 2017.

The change is necessary to comply with the order of the United States District Court for the Southern District of Texas in Legacy Community Health Services, Inc. v. Smith See Legacy Cmty. Health Servs., Inc. v. Janek, 184 F. Supp. 3d 407, 422 (S.D. Tex. 2016).

The proposed amendment is estimated to have no fiscal impact. The change from a payment system in which FQHCs are reimbursed directly by MCOs to one in which MCOs negotiate rates with FQHCs, with the State making a supplemental wrap payment to the FQHC for the difference between the negotiated rate and the full per-visit rate, is not expected to increase costs or utilization.

To obtain copies of the proposed amendment, interested parties may contact Doneshia Ates, State Plan Policy Advisor, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 428-1963; by facsimile at (512) 730-7472; or by e-mail at Doneshia.Ates@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-201700604

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: February 14, 2017


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-201700594

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: February 13, 2017


Texas Department of Insurance

Company Licensing

Application to do business in the State of Texas by FIRST CHICAGO INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Bedford Park, Illinois.

Application to do business in the State of Texas by LEMONADE INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in New York, New York.

Application to do business in the State of Texas by SOUTHERN FIDELITY PROPERTY & CASUALTY, INC., a foreign fire and/or casualty company. The home office is in Tallahassee, Florida.

Application to do business in the State of Texas by UNITED CASUALTY AND SURETY INSURANCE COMPANY, under the assumed name of US CASUALTY AND SURETY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Quincy, Massachusetts.

Application for GREEK CATHOLIC UNION OF THE USA, a foreign life, accident and/or health company, to change its name to GCU. The home office is in Beaver, Pennsylvania.

Application for LONE STAR NATIONAL INSURANCE COMPANY, a foreign fire and/or casualty company, to change its name to PAN-AMERICAN CASUALTY COMPANY. The home office is in New Orleans, Louisiana.

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-201700621

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: February 15, 2017


Texas Department of Insurance, Division of Workers' Compensation

2017 Proposed Research Agenda

Workers' Compensation Research and Evaluation Group

Labor Code §405.0026 requires the commissioner of insurance to adopt an annual research agenda for the Workers' Compensation Research and Evaluation Group (REG) at the Texas Department of Insurance (TDI). Labor Code §405.0025 requires the REG to conduct professional studies and research related to the delivery of benefits; litigation and controversy related to workers' compensation; insurance rates and ratemaking procedures; rehabilitation and reemployment of injured employees; the quality and cost of medical benefits; employer participation in the workers' compensation system; employment health and safety issues; and other matters relevant to the cost, quality, and operational effectiveness of the workers' compensation system. Insurance Code §1305.502 requires the REG to develop and issue an annual informational report card that identifies and compares, on an objective basis, the quality, costs, health care provider availability, and other analogous factors of the workers' compensation system of this state with each other and with medical care provided outside of networks.

Labor Code §405.0026 requires the group to prepare and publish annually in the Texas Register a proposed workers' compensation research agenda for the commissioner's review and approval.

On January 9, 2017, the commissioner of insurance delegated the functions of the REG to the commissioner of workers' compensation.

In December 2016, the REG posted on the TDI website an informal request for stakeholders and the public to provide input on a suggested fiscal year 2017 research agenda. The REG also requested input from legislative offices. The REG uses the following criteria to evaluate responses:

• Is the proposed research project required by statute or likely to be part of an upcoming legislative review?

• Will the results of the proposed research project address the informational needs of multiple stakeholder groups and legislative committees?

• Is there available data to complete the project or can data be obtained easily and economically to complete the project?

• Does the REG have the resources to complete the project during fiscal year 2017?

This year, the REG received no responses to its informal request for input. Based on the responses received and the criteria outlined above, the REG proposes the following research projects for the fiscal year 2017 research agenda:

1. Completion and publication of the 11th edition of the Workers' Compensation Health Care Network Report Card (required under Insurance Code §1305.502(a) - (d) and Labor Code §405.0025(b)).

2. Baseline evaluation of the utilization and cost patterns of compound drugs.

3. A comprehensive analysis of the income benefit adequacy of claims receiving Temporary Income Benefits (TIBs), Supplemental Income Benefits (SIBs), Lifetime Income Benefits (LIBs), and Death Benefits.

4. Update of 2003 study on impact of accredited and non-accredited work-hardening/work conditioning programs.

The REG will consider expanding the scope of listed projects or conducting additional projects to accommodate stakeholder suggestions, subject to resource and data availability.

REQUEST FOR PUBLIC COMMENT OR PUBLIC HEARING

If you wish to comment on the proposed fiscal year 2017 research agenda or request a public hearing, you must do so in writing no later than 5 p.m., Central time, on Monday, March 27, 2017. A hearing request must be on a separate page from any written comments. The Texas Department of Insurance - Division of Workers' Compensation requires two copies of your comments or hearing request. Send one copy by mail to Maria Jimenez, Office of General Counsel MS - 4D, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, Austin, Texas 78744-1645 or by email to rulecomments@tdi.texas.gov. Send the other copy by mail to D.C. Campbell, Director of the Workers' Compensation Research and Evaluation Group, Texas Department of Insurance, Mail Code 107-WC, P.O. Box 149104, Austin, Texas 78714-9104 or by email to wcresearch@tdi.texas.gov. If the commissioner holds a hearing, he will also consider written and oral comments presented at the hearing.

Please visit the TDI website at www.tdi.texas.gov for copies of the proposed research agenda. You may send any questions you have regarding the proposed agenda to D.C. Campbell at wcresearch@tdi.texas.gov.

TRD-201700620

Nicholas Canaday III

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: February 15, 2017


Texas Lottery Commission

Scratch Ticket Game Number 1836 "Fiesta de Ganancias"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1836 is "FIESTA DE GANANCIAS". The play style is "key symbol match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1836 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1836.

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: BOTA SYMBOL, CACTUS SYMBOL, TAMBOR SYMBOL, FLOR SYMBOL, GUITARRA SYMBOL, LAGARTO SYMBOL, MARACAS SYMBOL, CHILE SYMBOL, PIÑATA SYMBOL, CERAMICA SYMBOL, SOMBRERO SYMBOL, AMANECER SYMBOL, GANAR SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $25.00, $40.00, $50.00, $100 and $500.

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

Figure 1: GAME NO. 1836 - 1.2D

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

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1836), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 1836-0000001-001.

H. Pack - A Pack of the "FIESTA DE GANANCIAS" Scratch Ticket Game contains 150 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Ticket 001 to 005 will be on the top page; Tickets 006 to 010 on the next page; etc.; and Tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "FIESTA DE GANANCIAS" Scratch Ticket Game No. 1836.

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 "FIESTA DE GANANCIAS" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 10 (ten) Play Symbols. El jugador raspa el área de juego. Si el jugador revela un símbolo de GANAR SYMBOL, el jugador gana el premio indicado. 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 10 (ten) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

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

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

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

5. The Scratch Ticket shall be intact;

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

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

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

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

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

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

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

13. The Scratch Ticket must be complete and not miscut, and have exactly 10 (ten) 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 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 10 (ten) 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. A Ticket can win up to five (5) times in accordance with the approved prize structure.

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

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

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

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

2.3 Procedure for Claiming Prizes.

A. To claim a "FIESTA DE GANANCIAS" Scratch Ticket Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $40.00, $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. As an alternative method of claiming a "FIESTA DE GANANCIAS" 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.

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

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

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

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

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

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

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

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

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

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

C. if there is any question regarding the validity of the 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 "FIESTA DE GANANCIAS" 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 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.

2.7 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 10,080,000 Scratch Tickets in Scratch Ticket Game No. 1836. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1836 - 4.0

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. 1836 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. 1836, 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-201700603

Bob Biard

General Counsel

Texas Lottery Commission

Filed: February 14, 2017


North Central Texas Council of Governments

Notice of Funding Available to Expand Public Transit Options

The North Central Texas Council of Governments (NCTCOG) is issuing a competitive call for projects to award Federal Transit Administration (FTA) funding from two programs: the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. §5310) and the Urbanized Area Formula Program (49 U.S.C. §5307) for Job Access/Reverse Commute projects. Approximately $5.5 million is available through this Call for Projects for eligible projects in the Dallas-Fort Worth-Arlington and Denton-Lewisville Urbanized Areas.

Projects submitted under the Enhanced Mobility of Seniors and Individuals with Disabilities Program should enhance mobility options for seniors and persons with disabilities beyond traditional public transportation services and Americans with Disabilities Act (ADA) complementary paratransit services.

Funding for Job Access projects under the Urbanized Area Formula Program should assist limited income individuals gain or maintain employment by providing transportation to work and work related activities. Reverse Commute projects should support transportation services to suburban employment opportunities.

The programs are reimbursement-based and may require a commitment of local matching funds. Private non-profit organizations, State or local governmental authorities, and operators of public transportation services, including private operators of public transportation services may be eligible to apply for funding. NCTCOG encourages projects identified through Access North Texas (www.accessnorthtexas.org), the regional public transportation coordination plan; new and innovative ideas that meet the specialized needs of transit dependent individuals; and proposals that encourage coordination with existing providers and services. More information on the 2017 Call for Projects can be obtained online at www.nctcog.org/ftafunding or by contacting Leah Brown at lbrown2@nctcog.org or (817) 695-9295.

Project submittals are due in physical copy at the NCTCOG offices no later than 5:00 p.m., on Friday, April 7, 2017. No late submittals will be accepted.

TRD-201700631

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: February 15, 2017


Request for Partners for Sharing and Utilizing Data to Support Automated Vehicle and Other Transportation Applications

The North Central Texas Council of Governments (NCTCOG) recently issued a Request for Partners (RFP) focused on Traffic Signal Data (TSD). The focus of this RFP is on other types of TSD, such as information about road and lane closures, traffic jams, crashes, weather-related events and other information that relates to the operation of the transportation system. The purpose of this RFP is to identify potential partners from the private sector, such as travel navigation services, mapping firms, auto manufacturers, other parties developing automated vehicles, universities, and application developers, that might use TSD to build products and services that will serve the residents and businesses of North Central Texas and improve the operation of the transportation system in the region. This RFP extends to products and services for vehicles at all levels of automation and is not limited to fully automated vehicles, but includes other applications using TSD that will benefit the North Texas region.

Statements of Interest must be received no later than 5:00 p.m., on Friday, March 31, 2017, to Thomas Bamonte, Program Manager, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011. Copies of the Request for Partners will be available at www.nctcog.org/rfp by the close of business on Friday, February 24, 2017.

NCTCOG encourages participation by disadvantaged business enterprises and does not discriminate on the basis of age, race, color, religion, sex, national origin, or disability.

TRD-201700632

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: February 15, 2017


Public Utility Commission of Texas

Notice of Application for a Service Area Exception

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 13, 2017, to amend a certificate of convenience and necessity for a service area exception within Lampasas.

Docket Style and Number: Application of Pedernales Electric Cooperative, Inc. for an Amendment to a Certificate of Convenience and Necessity for a Service Area Exception in Lampasas County. Docket Number 46848.

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

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than March 3, 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 46848.

TRD-201700615

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 14, 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 (CCN) in Burnet County.

Docket Style and Number: Application of Ricky L. Rowe d/b/a Sunset Water Utilities to Amend a Water Certificate of Convenience and Necessity in Burnet County, Docket Number 46841.

The Application: Ricky L. Rowe d/b/a Sunset Water Utilities filed an application to amend its water certificate of convenience and necessity Number 13083 in Burnet County. The total area being requested includes approximately 324 acres, of which approximately 317 acres are in the planning stage of being developed into a residential neighborhood. There are zero 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 46841.

TRD-201700583

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 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 (CCN) in Hardin County.

Docket Style and Number: Application of Water Necessities, Inc. to Amend a Water Certificate of Convenience and Necessity in Hardin County, Docket Number 46851.

The Application: Water Necessities, Inc. filed an application to amend its water certificate of convenience and necessity number 12243 in Hardin County. The total area being requested includes approximately 72 acres and 61 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 46851.

TRD-201700634

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 15, 2017


Notice of Application to Amend Water and Sewer Certificates 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 water and sewer certificates of convenience and necessity.

Docket Style and Number: Application of City of Princeton to Amend its Water and Sewer Certificates of Convenience and Necessity and to Decertify a Portion of Altoga Water Supply Corporation's Water Service Area in Collin County, Docket Number 46835.

The Application: The City of Princeton filed an application to amend water certificate of convenience and necessity No. 13195 and sewer CCN No. 21057 and to decertify a portion of Altoga Water Supply Corporation in Collin County.

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 46835.

TRD-201700582

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2017


Notice of Application to Amend 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 water certificate of convenience and necessity (CCN) in Hays County.

Docket Style and Number: Application of City of Mountain City for Single Certification and to Decertify Mountain City Oaks Water System in Hays County, Docket Number 46843.

The Application: The City of Mountain City filed an application under Texas Water Code §13.255 for single certification of an area within its corporate limits and to decertify Mountain City Oaks Water System's (MCOWS) certificate of convenience and necessity in Hays County. The application seeks to transfer MCOWS's CCN No. 11427 to the City of Mountain City. The service area served by MCOWS under CCN No. 11427 is entirely located within the city limits of the City of Mountain City.

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 46843.

TRD-201700584

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2017


Request for Comments

on Standard Application for a Certificate of Convenience and Necessity for a Proposed Transmission Line and Application for a Certificate of Convenience and Necessity for a Proposed Transmission Line Pursuant to §25.174

The Public Utility Commission of Texas (commission) requests comments on its proposed revisions to the application form for a certificate of convenience and necessity for a proposed transmission line. The proposed revisions to the form would clarify that the information requested in question five of the form includes the maximum height of the tallest anticipated structure(s) in addition to the height of typical structures, would implement the changes to 16 Texas Administrative Code (TAC) §22.52 that are being proposed separately in this proceeding, and would make non-substantive formatting changes to update rule references to the commission's preferred citation style, ensure more consistent use of capitalization throughout the form, and update spacing and punctuation. The proposed form can be found on the commission's website home page under "Filings," using Control Number 46765. The form would be used by an entity applying for a certificate of convenience and necessity under 16 TAC §25.101 or §25.174. Project Number 46765 is assigned to this proceeding.

Comments on the proposed form may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. Initial comments must be filed no later than March 27, 2017, and reply comments must be filed no later than April 7, 2017. Sixteen copies of comments to the proposed form are required to be filed. Comments should be organized in a manner consistent with the organization of the form. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, adoption of the proposed form. The commission will consider the costs and benefits in considering the adoption of the proposed form. All comments should refer to Project Number 46765.

The commission staff may conduct a workshop on the proposed form, if requested, at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701 on April 11, 2017. The request for a workshop must be received on or before April 7, 2017.

Questions concerning the project should be directed to Kennedy Meier, Legal Division, at (512) 936-7265. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-201700578

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 2017


Request for Comments and Notice of Workshop

The Staff of the Public Utility Commission of Texas (commission) request comments from interested parties in this project, relating to third party authorization to access Smart Meter Texas (SMT) data.

Comments may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, not later than Monday, March 27, 2017. Sixteen copies of comments are required to be filed pursuant to 16 Tex. Admin. Code §22.71(c). All comments should refer to Project Number 46204.

Staff will hold a workshop in this project on Tuesday, April 25, 2017, at 9:30 a.m. in the Commissioner's Hearing Room on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78711. An agenda for the workshop will be posted in this project by April 18, 2017.

All queries regarding this project should be directed to Kristin Abbott, Competitive Markets Division, at (512) 936-7459, or via e-mail at kristin.abbott@puc.texas.gov.

Commission staff requests comments from interested parties on the following questions:

1. End-Use Customer Authorization Process

a. The current process by which customers authorize third-party access to their SMT data involves multiple steps, which certain parties have suggested can be simplified or streamlined. Please describe in detail any recommended improvements to the SMT third-party authorization process.

b. How does any recommended process protect the customer and ensure that access to a customer's data is only granted to a third-party Competitive Service Provider (CSP) for whom the customer has authorized access?

2. Additional Functionalities for Third Parties

a. What new functionalities, if any, should be provided by Smart Meter Texas to facilitate a CSP's access to SMT data?

b. What is the justification and rationale for such functionalities? How would such functionalities benefit the end-use customer?

3. Compliance Requirements, Standards, and Commission Jurisdiction

a. What obligations do Retail Electric Providers (REPs) have under the commission's rules to protect customer data and to provide customer privacy? What are the industry standards among REPs for securing customer data and providing customer privacy? Should CSPs that access SMT be expected, at a minimum, to adhere to such industry standards or obligations under the commission's rules?

b. What entity, if any, should be responsible for ensuring that CSPs that access SMT meet any relevant industry standards or other obligations? Please explain what authority the entity would possess to ensure the CSP's compliance.

c. If a CSP that accesses SMT fails to adhere to any such industry standard and/or any such obligations that are imposed upon REPs, fails to ensure the privacy of customer data, or improperly uses its access to customer data, what is the proper course of action? Should the CSP's access to SMT be revoked? If so, by whom? What would the process for any such revocation be?

TRD-201700595

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 13, 2017


Regional Water Planning Group - Area B

Notice of Application for Regional Water Planning Grant Funding to Complete the Fifth Cycle of Regional Water Planning

Notice is hereby given that the Red River Authority of Texas will submit by 12:00 p.m., February 21, 2017, a grant application for financial assistance to the Texas Water Development Board (TWDB) on behalf of the Regional Water Planning Group - Area B, to carry out planning activities to develop the 2021 Region B Regional Water Plan, as part of the state's Fifth Cycle (2017 - 2021) of Regional Water Planning.

The Regional Water Planning Group - Area B includes the following Texas counties: Archer, Baylor, Clay, Cottle, Foard, Hardeman, King, Montague, Wichita, Wilbarger, and the portion of Young County that encompasses the City of Olney.

Copies of the grant application may be obtained from Red River Authority of Texas after February 21, 2017, or online at http://www.regionbwater.org. Written comments from the public regarding the grant application must be submitted to the Red River Authority of Texas or the TWDB no later than 5:00 p.m., March 17, 2017. Comments can be submitted to the Red River Authority of Texas and the TWDB as follows:

Mr. Curtis W. Campbell

General Manager

Administrative Agent for Region B

Red River Authority of Texas

P.O. Box 240

Wichita Falls, Texas 76307-0240

Mr. Jeff Walker

Executive Administrator

Texas Water Development Board

P.O. Box 13231

Austin, Texas 78711-3231

For additional information, please contact Mr. Curtis W. Campbell, Red River Authority of Texas, P.O. Box 240, Wichita Falls, Texas 76307-0240, by phone (940) 723-2236 or by email at rwpg-b@rra.texas.gov; or Mr. David Carter, Contract Administration, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711, Contracts@twdb.texas.gov.

TRD-201700606

Curtis W. Campbell

General Manager

Regional Water Planning Group - Area B

Filed: February 14, 2017


Supreme Court of Texas

In the Supreme Court of Texas

Misc. Docket No. 17-9014

ORDER AMENDING TEXAS PLAN FOR RECOGNITION AND REGULATION OF SPECIALIZATION IN THE LAW AND ADOPTING STANDARDS FOR ATTORNEY CERTIFICATION IN CHILD WELFARE LAW

ORDERED that:

1. Section XII of the Texas Plan for Recognition and Regulation of Specialization in the Law is amended as follows, effective immediately.

2. The Standards for Attorney Certification in Child Welfare Law are adopted as follows, effective immediately.

3. 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: February 14, 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

TEXAS PLAN FOR RECOGNITION AND REGULATION OF SPECIALIZATION IN THE LAW

* * *

SECTION XII

RETAINED JURISDICTION OF SUPREME COURT

The jurisdiction of the TBLS shall be limited to nineteen twenty areas of law: Criminal Law; Labor and Employment Law; Family Law; Estate Planning and Probate Law; Civil Trial Law; Personal Injury Trial Law; Immigration and Nationality Law; Real Estate Law; Tax Law; Bankruptcy Law; Oil, Gas and Mineral Law; Civil Appellate Law; Administrative Law; Consumer and Commercial Law; Juvenile Law; Health Law; Workers' Compensation Law; Criminal Appellate Law; and Construction Law; and Child Welfare Law; and to the development and operation of the program in the recognition and regulation of specialization in the law, provided, however, that the number and type of areas included in the program and the jurisdiction of the TBLS may be enlarged, altered, or terminated from time to time by the Supreme Court of Texas.

* * *

TEXAS BOARD OF LEGAL SPECIALIZATION STANDARDS FOR ATTORNEY CERTIFICATION

PART II

SPECIFIC AREA REQUIREMENTS

These are specific requirements that apply the specialty area listed below. The specific requirements include the definitions, substantial involvement, reference, and other certification and recertification requirements for the specialty area. You will also need to refer to the Standards for Attorney Certification, Part I-General Requirements for requirements that apply to all specialty areas.

SECTION XX

CHILD WELFARE LAW

A. DEFINITIONS.

1. "Child welfare law" involves litigating suits under Title 5, Subtitle E of the Texas Family Code and issues that arise in suits by a governmental entity for the protection of an abused or neglected child, including but not limited to the possession and conservatorship of a child, the termination of parental rights, the placement of a child in foster care, or the adoption of a child. Practitioners of child welfare law must have:

• knowledge of applicable federal law, including the Indian Child Welfare Act, the Adoption and Safe Families Act, the Fostering Connections to Success and Adoption Act, the Safe and Stable Families Act, the Strengthening Families Act, the Every Student Succeeds Act, constitutional law, education law, immigration law, and disability law;

• knowledge of applicable state law, including the Texas Education Code, the Texas Penal Code, guardianship law, and juvenile law; and

• experience in the trial or appeal of judicial or administrative proceedings involving a governmental entity for the protection of an abused or neglected child.

2. "Lead counsel" is the lawyer who takes primary responsibility for the representation of the client in the case. To be considered lead counsel in a case at the trial level, the applicant must make an opening statement or closing argument, and conduct significant direct and cross-examination of live witnesses at trial. To be considered lead counsel in an appeal, applicant must be a signatory to and perform substantial work in drafting the briefs for that party.

3. "Post-trial proceedings" include prosecuting or defending against an appeal or original proceeding in an intermediate appellate court or in the Supreme Court of Texas and proceedings to correct an action of the trial court incident to an appeal.

B. SUBSTANTIAL INVOLVEMENT. To demonstrate substantial involvement and special competence in child welfare law practice, applicant must meet the following minimum requirements.

1. Certification.

a. Percentage of Practice Requirement. Applicant must have devoted a minimum of 25% of his or her time practicing child welfare law in Texas during each of the three years immediately preceding the application.

b. Task Requirements. Applicant must provide information as required by TBLS concerning specific tasks he or she has performed in Texas child welfare law. In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by applicant.

(1) In the three years immediately preceding the application, applicant must have served as lead counsel for a party or child from inception of the case or time of appointment or engagement to final judgment in 10 cases that meet one of these requirements:

(a) a contested child welfare case in a trial court of record that involves oral testimony and factual findings, excluding default judgments;

or

(b) an appeal in a child welfare case that is fully briefed on the merits at the appellate level.

Under (b), an appeal that applicant prosecutes or defends in an intermediate appellate court and in the Supreme Court of Texas counts as one case.

(2) In the three years immediately preceding the application, applicant must also have participated in 20 cases that meet one of these requirements:

(a) a contested child welfare case in which applicant served as lead counsel for a party or a child and that was resolved without a trial on the merits; or

(b) post-trial proceedings in which applicant played a substantial role.

c. Certification without Examination. TBLS may grant certification in child welfare law without requiring a written examination to an applicant who:

(1) has been licensed for 10 years;

(2) is certified by TBLS in family law;

(3) meets all of the requirements of these standards; and

(4) applies for certification no later than three years after the effective date of the specialty area.

2. Recertification. Applicant must have devoted a minimum of 25% of his or her time practicing child welfare law in Texas during each year of the five-year period of certification unless applicant meets the exception in Part I-General Requirements, Section VI, C, 1(b).

C. REFERENCE REQUIREMENTS. Applicant must submit a minimum of five names and addresses of persons to be contacted as references to attest to his or her competence in child welfare law. These persons must be substantially involved in child welfare law, and be familiar with the applicant's child welfare law practice.

1. Certification. Applicant must submit names of persons with whom he or she has had dealings involving child welfare law matters within the three years immediately preceding application.

2. Recertification. Applicant must submit names of persons with whom he or she had dealings involving child welfare law matters since certification or the most recent recertification.

3. Reference Types. Applicants must submit the following types of references:

a. Four Texas attorneys who are substantially involved in child welfare law. Applicant must have participated at trial or on appeal or in the negotiation of a child welfare matter in alignment with or in opposition to the attorney.

b. One Texas trial court judge, associate judge, or appellate justice before whom applicant has appeared as lead counsel for a party or a child in a contested child welfare case in a trial or appellate court.

TRD-201700630

Martha Newton

Rules Attorney

Supreme Court of Texas

Filed: February 15, 2017


Texas Department of Transportation

Aviation Division - Request for Qualifications for Professional Engineering Services

The City of Clifton, through its agent, the Texas Department of Transportation (TxDOT), intends to engage a professional 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 Clifton; TxDOT CSJ No.: 1709CLFTN.

Scope: Provide engineering/design services, including construction administration, to rehabilitate and mark Runway 14-32, taxiways and parking apron.

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 0%. The goal will be re-set for the construction phase. The TxDOT Project Manager is Ed Mayle.

Utilizing multiple engineering/design and construction grants over the course of the next five years, future scope of work items at the Clifton Municipal/Isenhower Field may include the following: construct automobile access road and parking; construct hangar access taxilanes; install Automated Weather Observation System and expand apron.

The City of Clifton 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 "Clifton Municipal/Isenhower Field." 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, (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 28, 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 web form 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 local government representatives. 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 (800) 68-PILOT (74568). For procedural questions, please contact Beverly Longfellow, Grant Manager. For technical questions, please contact Ed Mayle, Project Manager.

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

TRD-201700569

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: February 8, 2017


Public Hearing Notice - Unified Transportation Program

The Texas Department of Transportation (department) will hold a public hearing on Tuesday, March 14, 2017, at 10:00 a.m. at 118 East Riverside Drive, First Floor ENV Conference Room, in Austin, Texas to receive public comments on the proposed updates to the 2017 Unified Transportation Program (UTP).

The UTP is a 10-year program that guides the development and authorizes construction of transportation projects and projects involving aviation, public transportation, and the state's waterways and coastal waters. The Texas Transportation Commission has adopted rules located in Title 43, Texas Administrative Code, Chapter 16, governing the planning and development of transportation projects, which include guidance regarding public involvement related to adoption of the UTP and approval of any updates to the program.

Information regarding the proposed updates to the 2017 UTP will be available at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, or (512) 486-5038, and on the department's website at: http://www.txdot.gov/public_involvement/utp.htm.

Persons wishing to speak at the hearing may register in advance by notifying the Transportation Planning and Programming Division, at (512) 486-5038 not later than Monday, March 13, 2017, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Transportation Planning and Programming Division, at 118 East Riverside Drive, Austin, Texas 78704-1205, (512) 486-5038. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs.

Interested parties who are unable to attend the hearing may submit comments regarding the updates to the 2017 UTP to Peter Smith, Director of the Transportation Planning and Programming Division, P.O. Box 149217, Austin, Texas 78714-9217. Interested parties may also submit comments regarding the updates to the 2017 UTP by phone at (800) 687-8108. In order to be considered, all comments must be received at the Transportation Planning and Programming office by 4:00 p.m. on March 27, 2017.

TRD-201700612

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Filed: February 14, 2017