IN ADDITION

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/09/18 - 07/15/18 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 07/09/18 - 07/15/18 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and §303.0093 for the period of 07/01/18 - 07/31/18 is 18% or Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 and §303.009 for the period of 07/01/18 - 07/31/18 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

3 For variable rate commercial transactions only.

TRD-201802963

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 3, 2018


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 August 13, 2018. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 13, 2018. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: Aransas County Navigation District 1; DOCKET NUMBER: 2018-0705-WQ-E; IDENTIFIER: RN105672513; LOCATION: Rockport, Aransas County; TYPE OF FACILITY: harbor; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Herbert Darling, (512) 239-2520; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(2) COMPANY: City of Fairfield; DOCKET NUMBER: 2017-1121-MLM-E; IDENTIFIER: RN101607778; LOCATION: Freestone County; TYPE OF FACILITY: wastewater treatment facility with an associated lift station; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1) and §317.3(e)(2), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010168002, Permit Conditions Number 2.g and Operational Requirements Number 4, by failing to prevent the unauthorized discharge of wastewater into or adjacent to water in the state; 30 TAC §281.25(a)(4) and TPDES General Permit Number TXR05CA36, Part III, Sections B(2) and (5)(a), by failing to conduct routine facility inspections on a quarterly basis, and failing to conduct the annual comprehensive site inspection to determine the effectiveness of the Pollution Prevention Measures and Controls; 30 TAC §305.125(1), TWC, §26.121(a)(1), and TPDES Permit Number WQ0010168002, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; and 30 TAC §305.125(1) and (9)(a) and TPDES Permit Number WQ0010168002, Monitoring and Reporting Requirements Number 7(c), by failing to provide notification of any effluent violation which deviates from the permitted effluent limitation by more than 40%; PENALTY: $25,000; Supplemental Environmental Project offset amount of $20,000; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: City of La Grange; DOCKET NUMBER: 2016-1851-PWS-E; IDENTIFIER: RN101389666; LOCATION: La Grange, Fayette County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $360; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-3063; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(4) COMPANY: City of Sachse; DOCKET NUMBER: 2018-0178-WQ-E; IDENTIFIER: RN101197747; LOCATION: Sachse, Dallas County; TYPE OF FACILITY: wastewater collection system with an associated lift station; RULE VIOLATED: TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of wastewater from the collection system into or adjacent to water in the state; PENALTY: $4,875; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: City of Texarkana; DOCKET NUMBER: 2018-0392-PWS-E; IDENTIFIER: RN101200665; LOCATION: Texarkana, Bowie County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(d)(10)(B), by failing to design the inlet and outlet of clarification facilities so as to prevent short-circuiting of flow or the destruction of floc; 30 TAC §290.42(d)(2)(C), by failing to provide make-up water supply lines to chemical feeder solution mixing chambers with an air gap or other acceptable backflow prevention device; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; 30 TAC §290.46(z), by failing to develop an adequate nitrification action plan for a system distributing chloraminated water; 30 TAC §290.46(s)(1), by failing to calibrate the facility's flow meters at least once every year; 30 TAC §290.46(d)(2)(A) and §290.110(b)(4), and Texas Health and Safety Code, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.5 milligrams per liter of chloramine (measured as total chlorine) throughout the distribution system at all times; and 30 TAC §290.46(f)(2), by failing to provide operating records and make them available for review to the executive director during the investigation; PENALTY: $2,950; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(6) COMPANY: CSCW GROUP LLC dba Cityview Car Wash and Oil Change; DOCKET NUMBER: 2018-0444-PST-E; IDENTIFIER: RN101556272; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: car wash 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 (not to exceed 35 days between each monitoring); PENALTY: $4,500; ENFORCEMENT COORDINATOR: Berenice Munoz, (512) 239-2617; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: David Peters; DOCKET NUMBER: 2017-1773-MSW-E; IDENTIFIER: RN109891028; LOCATION: Andrews County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §330.15(a) and (c), by failing to not cause, suffer, allow, or permit the unauthorized disposal of MSW; PENALTY: $1,312; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 239-4872; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(8) COMPANY: Duchman, Ltd. dba Duchman Family Winery; DOCKET NUMBER: 2017-1312-PWS-E; IDENTIFIER: RN106301245; LOCATION: Driftwood, Hays County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §§290.42(c)(1), 290.110(e)(2) and (6), 290.111(a)(2) and (h), and 290.122(b)(2)(B) and (f), by failing to provide a minimum treatment consisting of coagulation with direct filtration for groundwater under the influence of surface water (GUI), and failing to issue public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to provide a minimum treatment consisting of coagulation with direct filtration for GUI, and failing to submit Surface Water Monthly Operating Reports for systems that use GUI; and 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to conduct repeat coliform monitoring during the month of June 2015, regarding the failure to conduct increased coliform monitoring during the month of August 2014, and regarding the failure to conduct triggered source monitoring during the month of July 2014; PENALTY: $1,961; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(9) COMPANY: EPR Parks, LLC; DOCKET NUMBER: 2018-0438-MWD-E; IDENTIFIER: RN102095627; LOCATION: Spring, Harris County; TYPE OF FACILITY: waterpark with a wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0011886001, Permit Conditions Number 2.g, by failing to prevent the unauthorized discharge of wastewater into or adjacent to water in the state; PENALTY: $813; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Frontier Fuel, L.P. dba Frontier Fuel Warehouse; DOCKET NUMBER: 2018-0229-PST-E; IDENTIFIER: RN102023892; LOCATION: Dalhart, Dallam County; TYPE OF FACILITY: warehouse with wholesale 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 (not to exceed 35 days between each monitoring); PENALTY: $2,438; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 239-4872; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(11) COMPANY: GLENN A. SMITH CORPORATION; DOCKET NUMBER: 2017-1464-WQ-E; IDENTIFIER: RN109709964; LOCATION: Tyler, Smith County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Herbert Darling, (512) 239-2520; REGIONAL OFFICE: 2616 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(12) COMPANY: GVA Assets, LLC; DOCKET NUMBER: 2018-0723-WQ-E; IDENTIFIER: RN110314887; LOCATION: Abilene, Taylor County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(13) COMPANY: Hikaru Sakura Incorporated dba Timeout C-Store and Eagle C-Stores dba Timeout C-Store; DOCKET NUMBER: 2018-0433-PST-E; IDENTIFIER: RN101777498; LOCATION: Rhome, Wise 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 (not to exceed 35 days between each monitoring); PENALTY: $3,375; ENFORCEMENT COORDINATOR: James Boyle, (512) 239-2527; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Irbed Corp dba Adams Food Mart; DOCKET NUMBER: 2018-0198-PST-E; IDENTIFIER: RN101563575; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month (not to exceed 35 days in between each monitoring); PENALTY: $3,375; ENFORCEMENT COORDINATOR: Tyler Gerhardt, (512) 239-2506; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: JAY OMKARA INCORPORATED; DOCKET NUMBER: 2016-1761-PWS-E; IDENTIFIER: RN102321874; LOCATION: Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(f)(4) and §290.106(e), by failing to provide the results of quarterly nitrate sampling for the fourth quarter of 2015 through the second quarter of 2016, and failing to provide the results of quarterly nitrite sampling for the fourth quarter of 2015 to the executive director; PENALTY: $214; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421, (806) 796-7092.

(16) COMPANY: JBS PACKING COMPANY, INCORPORATED; DOCKET NUMBER: 2018-0493-MSW-E; IDENTIFIER: RN105367171; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: shrimp processing plant; RULES VIOLATED: 30 TAC §330.15(a)(1) and (c) and TWC, §26.121(a), by failing to not cause, suffer, allow, or permit the unauthorized disposal of municipal solid waste into or adjacent to water in the state; PENALTY: $1,187; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(17) COMPANY: Joynal Abdin dba Alvin Food Stop; DOCKET NUMBER: 2017-1616-PST-E; IDENTIFIER: RN101739449; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (UST) system; and 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: Kashmira Investments, Incorporated dba Copperas Cove Food Mart; DOCKET NUMBER: 2018-0090-PST-E; IDENTIFIER: RN101667293; LOCATION: Copperas Cove, Coryell County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), and failing to provide release detection for the pressurized piping associated with the UST system; 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; and 30 TAC §334.602(a), by failing to designate, train and certify at least one individual for each class of operator - Class A, Class B, and Class C for the facility; PENALTY: $40,683; ENFORCEMENT COORDINATOR: Rahim Momin, (512) 239-2544; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(19) COMPANY: LYFORD GIN ASSOCIATION; DOCKET NUMBER: 2018-0445-PST-E; IDENTIFIER: RN102782315; LOCATION: Lyford, Willacy County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(20) COMPANY: New Sov D, LLC; DOCKET NUMBER: 2018-0151-MSW-E; IDENTIFIER: RN109684233; LOCATION: Trinity County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §330.15(a) and (c) and TWC, §26.121(a), by failing to not cause, suffer, allow, or permit the unauthorized disposal of MSW; PENALTY: $1,312; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 239-4872; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(21) COMPANY: NNS Group Incorporated dba Shady Grove Food Mart; DOCKET NUMBER: 2018-0173-PST-E; IDENTIFIER: RN102285327; LOCATION: Irving, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), and failing to provide release detection for the pressurized piping associated with the UST system; 30 TAC §115.225 and Texas Health and Safety Code, §382.085(b), by failing to comply with annual Stage I vapor recovery testing requirements; and 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; PENALTY: $5,615; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: OAKWOOD CUSTOM HOMES GROUP LTD; DOCKET NUMBER: 2018-0708-WQ-E; IDENTIFIER: RN109834697; LOCATION: College Station, Brazos County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Herbert Darling, (512) 239-2520; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(23) COMPANY: OLDEN WATER SUPPLY CORPORATION; DOCKET NUMBER: 2018-0142-PWS-E; IDENTIFIER: RN101459303; LOCATION: Olden, Eastland County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.122(c)(2)(A) and (f), by failing to timely provide public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to submit the Disinfectant Level Quarterly Operating Report for the third quarter of 2016; and 30 TAC §290.115(f)(1) and §290.122(b)(2)(A) and (f) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 0.060 milligrams per liter for haloacetic acids (HAA5), based on the locational running annual average, and failing to timely provide public notification and submit a copy of the public notification to the ED regarding the failure to comply with the MCL for HAA5 during the third quarter of 2017; PENALTY: $267; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(24) COMPANY: OVERLAND CONTRACTING INCORPORATED; DOCKET NUMBER: 2018-0704-WQ-E; IDENTIFIER: RN109464768; LOCATION: Irion County; TYPE OF FACILITY: substation; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Herbert Darling, (512) 239-2520; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(25) COMPANY: Oxy Vinyls, LP; DOCKET NUMBER: 2017-0313-AIR-E; IDENTIFIER: RN100217363; LOCATION: La Porte, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), Federal Operating Permit (FOP) Number O1368, Special Terms and Conditions (STC) Number 14, New Source Review (NSR) Permit Numbers 7647B and PSDTX276M2, Special Conditions (SC) Number 1, and Texas Health and Safety Code (THSC), §385.082(b), by failing to comply with the maximum allowable emissions rate; and 30 TAC §§101.20(3), 117.320(e)(1), 117.340(c)(3), and 122.143(4), FOP Number O1368, STC Number 14, NSR Permit Numbers 7647B and PSDTX276M2, SC 21.A, and THSC, §382.085(b), by failing to provide substitute emissions compliance data when the nitrogen oxides monitor is offline and the electric generating facility is operating; PENALTY: $8,288; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(26) COMPANY: Ricky W. Widner; DOCKET NUMBER: 2018-0702-OSI-E; IDENTIFIER: RN103423513; LOCATION: Graham, Jack County; TYPE OF FACILITY: on-site sewage facility; RULE VIOLATED: 30 TAC §285.61(4), by failing to ensure that an authorization to construct has been issued prior to beginning construction of an on-site sewage facility; PENALTY: $175; ENFORCEMENT COORDINATOR: Herbert Darling, (512) 239-2520; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(27) COMPANY: SAB ENTERPRISE INCORPORATED dba Nolan Express; DOCKET NUMBER: 2018-0241-PST-E; IDENTIFIER: RN101432649; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (UST) system; 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), and failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; PENALTY: $10,594; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 239-4872; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(28) COMPANY: Sky World Ventures, LLC dba Convenience Food Mart; DOCKET NUMBER: 2018-0342-PST-E; IDENTIFIER: RN102719424; LOCATION: Lewisville, Denton County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $3,687; ENFORCEMENT COORDINATOR: Christopher Moreno, (512) 239-2618; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(29) COMPANY: Spirit 4U LLC dba Jacobs Spirit; DOCKET NUMBER: 2018-0449-PST-E; IDENTIFIER: RN101432714; LOCATION: Plano, Collin County; TYPE OF FACILITY: liquor store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; PENALTY: $2,663; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(30) COMPANY: SULZER CHEMTECH USA, INCORPORATED; DOCKET NUMBER: 2018-0049-PWS-E; IDENTIFIER: RN101183432; LOCATION: Humble, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(e)(1) and (h)(1) and Texas Health and Safety Code, §341.035(a), by failing to submit plans and specifications to the executive director for review and approval prior to the construction of a new public water supply; 30 TAC §290.41(c)(3)(O), by failing to provide all well units with an intruder-resistant fence, the gates of which are provided with locks or shall be enclosed in locked, ventilated well house; and 30 TAC §290.42(e)(5), by failing to house the hypochlorination solution containers and pumps in a secure enclosure to protect them from adverse weather conditions and vandalism; PENALTY: $213; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2574; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201802947

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 2, 2018


Correction of Error

In the December 8, 2017, issue of the Texas Register (42 TexReg 6964), the Texas Commission on Environmental Quality published notice of Agreed Orders, specifically item Number 6, for City of La Grulla (42 TexReg 6945). The error is as submitted by the commission.

The reference to penalty should be corrected to: "$3,955."

For questions concerning this error, please contact Michael Parrish at (512) 239-2548.

TRD-201802948

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 2, 2018


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 August 13, 2018. 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 August 13, 2018. Written comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorney is available to discuss the S/DO and/or the comment procedure at the listed phone number; however, comments on the S/DO shall be submitted to the commission in writing.

(1) COMPANY: D.N.J.S., Inc.; DOCKET NUMBER: 2017-1306-PST-E; TCEQ ID NUMBER: RN101900108; LOCATION: 13183 Interstate Highway 10 East, Schertz, Bexar County; TYPE OF FACILITY: 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; TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; 30 TAC §334.10(b)(2), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; and 30 TAC §334.602(a), by failing to designate, train, and certify at least one named individual for each class of operator - Class A, B, and C - for the facility; PENALTY: $7,736; STAFF ATTORNEY: Taylor Pearson, Litigation Division, MC 175, (512) 239-5937; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-201802939

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 2, 2018


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 August 13, 2018. TWC §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on August 13, 2018. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: 2901 S Walton Walker, LLC dba Quickmart; DOCKET NUMBER: 2016-1995-PST-E; TCEQ ID NUMBER: RN108923426; LOCATION: 3006 Duncanville Road, Dallas, Dallas County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; 30 TAC §334.74(3), by failing to file a release determination report with the commission within 45 days after a suspected release has occurred; and 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; PENALTY: $13,354; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: DHJB Development, LLC; DOCKET NUMBER: 2015-0188-MLM-E; TCEQ ID NUMBERS: RN105332522 and RN104912704; LOCATION: northeast corner of United States Highway 281 and Farm to Market Road 1863, Bulverde, Comal County; TYPE OF FACILITY: residential development project that contains a wastewater treatment facility; RULES VIOLATED: 30 TAC §213.4(j)(4) and sewage collection system (SCS) Plan Number 2702.03 Standard Condition Number 5, by failing to obtain approval of a modification to an approved SCS plan prior to initiating a regulated activity over the Edwards Aquifer Recharge Zone; 30 TAC §213.4(k) and Water Pollution Abatement Plan (WPAP) Number 2702.04 Standard Conditions Numbers 8 and 14, by failing to implement and maintain the approved temporary best management practices and measures to prevent pollutants from escaping the site; 30 TAC §213.23(a)(1), by failing to obtain approval of an Edwards Aquifer Contributing Zone Plan prior to commencing regulated activity over the Edwards Aquifer Contributing Zone; 30 TAC §281.25(a)(4) and Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXR150013937, Part III, Section F.6(a), by failing to maintain all protective measures identified in the Storm Water Pollution Prevention Plan (SWP3), in effective operating condition; 30 TAC §281.25(a)(4) and TPDES General Permit Number TXR150013937, Part III, Section G.2, by failing to stabilize soil where construction had ceased; 30 TAC §281.25(a)(4) and TPDES General Permit Number TXR150013937, Part III, Section F.2(b), by failing to include an implementation schedule of temporary and permanent erosion control and stabilization practices in the SWP3; 30 TAC §281.25(a)(4), by failing to maintain all protective measures identified in the SWP3 in effective operating condition; 30 TAC §213.4(k) and §213.5(f)(2)(B) and WPAP Number 2702.04 Standard Condition Number 12, by failing to immediately suspend all regulated activities near a sensitive feature discovered during construction until receiving executive director approval for the methods proposed to protect a sensitive feature; TWC §26.121(a)(1), by failing to prevent the unauthorized discharge of wastewater into or adjacent to any water in the state; and 30 TAC §319.11(c), by failing to properly analyze effluent samples; PENALTY: $43,598; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Go Frac, LLC; DOCKET NUMBER: 2017-0066-IHW-E; TCEQ ID NUMBER: RN106493190; LOCATION: located at 350 Dennis Road, Weatherford, Parker County; TYPE OF FACILITY: storage yard and maintenance facility; RULES VIOLATED: 30 TAC §§335.62, 335.503 and 335.504, and 40 Code of Federal Regulations §262.11, by failing to conduct hazardous waste determinations and classifications; 30 TAC §335.2, by causing, suffering, allowing, or permitting the collection, handling, storage, processing, and/or disposal of industrial and hazardous waste; and 30 TAC §335.9(a)(1), by failing to keep records of all hazardous and industrial solid waste activities regarding the quantities generated, stored, processed, and disposed of on-site or shipped off-site for storage, processing, or disposal; PENALTY: $28,875; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: M L S S INC. dba Sunny Food Mart; DOCKET NUMBER: 2016-0950-PST-E; TCEQ ID NUMBER: RN101330751; LOCATION: 1667 State Highway 71 West, Cedar Creek, Bastrop County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $4,500; STAFF ATTORNEY: Joey Washburn, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.

(5) COMPANY: MMF Global Business Corp dba Exxon Food Mart; DOCKET NUMBER: 2018-0091-PST-E; TCEQ ID NUMBER: RN104264049; LOCATION: 12809 Bellaire Boulevard, Houston, Harris County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of a petroleum UST system; TWC §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; TWC §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; TWC §26.3475(c)(2) and 30 TAC §334.51(b)(2)(C), by failing to equip each tank with a valve or other device designed to automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches no higher than 95% capacity; 30 TAC §334.606, by failing to maintain required operator training certification records and make them available for inspection upon request by agency personnel; and Texas Health and Safety Code §382.085(b) and 30 TAC §115.225, by failing to comply with annual Stage I vapor recovery testing requirements; PENALTY: $11,988; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: Riviera Water System, Inc.; DOCKET NUMBER: 2017-0623-PWS-E; TCEQ ID NUMBER: RN101251999; LOCATION: intersection of West Pecan and North 7th Street, Riviera, Kleberg County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(q)(1) and (2), by failing to issue a boil water notification to the customers of the facility within 24 hours of a low-pressure event or water outage using the prescribed format in 30 TAC §290.47(e); and Texas Health and Safety Code §341.0315(c) and 30 TAC §290.45(b)(1)(D)(v), by failing to provide emergency power that will deliver water at a rate of 0.35 gallons per minute per connection to the distribution system in the event of the loss of normal power supply; PENALTY: $850; STAFF ATTORNEY: Jake Marx, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Corpus Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.

TRD-201802940

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 2, 2018


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 13, 2018. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on August 13, 2018. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Abraxas Corporation; DOCKET NUMBER: 2017-0233-MWD-E; TCEQ ID NUMBER: RN101521391; LOCATION: 3301 Cattlebaron Road, approximately 0.9 mile north of the intersection of Cattlebaron and White Settlement Roads, Parker County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), §312.48, and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0015010001, Sludge Provisions, by failing to submit the annual sludge report; 30 TAC §305.125(1) and (17), §319.7(d), and TPDES Permit Number WQ0015010001, Monitoring and Reporting Requirements Number 1, by failing to submit effluent monitoring results at the intervals specified in the permit; 30 TAC §305.125(1) and (5) and TPDES Permit Number WQ0015010001, Effluent Limitations and Monitoring Requirements Number 2 and Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §217.6(d), §305.125(1), and TPDES Permit Number WQ0015010001, Other Requirements Number 7, by failing to submit a summary transmittal letter within 60 days of permit issuance; 30 TAC §305.125(1) and TPDES Permit Number WQ0015010001, Other Requirements Number 9, by failing to submit a structural assessment of the facility performed by a licensed Texas Professional Engineer within six months of permit issuance; and 30 TAC §305.125(1) and TPDES Permit Number WQ0015010001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $42,625; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: ESPINOZA STONE, INC.; DOCKET NUMBER: 2017-1301-EAQ-E; TCEQ ID NUMBER: RN104097969; LOCATION: 3270 County Road 239, Georgetown, Williamson County; TYPE OF FACILITY: limestone quarry; RULES VIOLATED: 30 TAC §213.4(a)(1) and (j)(3) and Edwards Aquifer Protection Plan, Water Pollution Abatement Plan (WPAP) Number 11-14032601, Standard Conditions Number 6, by failing to obtain approval of a modification to an approved WPAP prior to initiating a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $13,500; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.

(3) COMPANY: Jesus Farias dba Farias Tire Shop; DOCKET NUMBER: 2017-1778-MSW-E; TCEQ ID NUMBER: RN109573014; LOCATION: 212 North Front Street, Mathis, San Patricio County; TYPE OF FACILITY: tire service and repair shop; RULES VIOLATED: 30 TAC §324.15 and 40 Code of Federal Regulations §279.22(d), by failing to perform response actions upon detection of a release of used oil; and 30 TAC §328.23(a) and (b), by failing to prevent the disposal of used oil filters in a manner that results in the discharge of oil into soil; PENALTY: $1,050; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: Corpus Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(4) COMPANY: R&K FABRICATING INC.; DOCKET NUMBER: 2017-0936-IHW-E; TCEQ ID NUMBER: RN104085956; LOCATION: 3183 Highway 146, Dayton, Liberty County; TYPE OF FACILITY: frac tank manufacturing facility; RULES VIOLATED: 30 TAC §335.2 and §335.4, by causing, suffering, allowing, or permitting the unauthorized storage, processing, and disposal of industrial solid waste (ISW); and 30 TAC §335.9(a)(1), by failing to maintain records of all ISW; PENALTY: $7,250; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(5) COMPANY: Wayne Robinson dba Mustang Creek Bar-B-Q; DOCKET NUMBER: 2017-0915-PWS-E; TCEQ ID NUMBER: RN102673548; LOCATION: 33734 United States Highway 59, Louise, Wharton County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §§290.46(f)(4), 290.106(e), and 290.122(c)(2)(A) and (f), by failing to report the results of nitrate sampling to the executive director (ED) for the January 1 - December 31, 2014 and January 1 - December 31, 2015 monitoring periods, and failing to issue public notification, and submit a copy of the public notification to the ED regarding the failure to report the results of nitrate sampling to the ED for the January 1 - December 31, 2014 and January 1 - December 31, 2015 monitoring periods; 30 TAC §290.46(f)(4) and §290.118(e), by failing to report the results of secondary constituents sampling to the ED for the January 1 - December 31, 2013 monitoring period; and 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to report the results of nitrate sampling to the ED for the January 1 - December 31, 2012 and January 1 - December 31, 2013 monitoring periods, regarding the failure to collect five routine distribution coliform samples during the month following a total coliform-positive sample result for the month of November 2014, and regarding the failure to collect a routine distribution water sample for coliform analysis for the month of November 2015; PENALTY: $472; 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.

TRD-201802941

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 2, 2018


Notice of Opportunity to Request a Public Meeting for a Development Permit Application for Construction Over a Closed Municipal Solid Waste Landfill Permit No. 62033

Application. Rock n Roll Material, Inc., 2530 Merrell Road, Dallas, Texas 75229, has applied to the Texas Commission on Environmental Quality (TCEQ) for a development permit for construction over a closed municipal solid waste landfill (Proposed Permit No. 62033). The proposed development concerns a tract of land of approximately 2.68 acres located at 10920 Goodnight Lane, Dallas, Texas 75220, and consists of an enclosed retail showroom and office building with a total first floor footprint of about 4,375 square feet, second floor area of about 553 square feet, and associated outside storage, driveways, parking areas, and support utilities. The development permit application is available for viewing and copying at Bachman Lake Branch Library, 9480 Webb Chapel Road, Dallas, Texas 75220, and may be viewed online at http://rebrand.ly/rocknroll. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.876889&lng=-96.899842&zoom=13&type=r. For the exact location, refer to the application.

Public Comment/Public Meeting. You may submit public comments or request a public meeting on this application to the Office of Chief Clerk at the address included in the information section below. TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing. The comment period shall begin on the date this notice is published and end 30 calendar days after this notice is published. The comment period shall be extended to the close of any public meeting. The executive director is not required to file a response to comments.

If a public meeting is to be held, a public notice shall be published in a newspaper that is generally circulated in the county in which the proposed development is located. All the individuals on the adjacent landowners list shall also be notified at least 15 calendar days prior to the meeting.

Executive Director Action. The executive director shall, after review of the application, issue his decision to either approve or deny the development permit application. Notice of decision will be mailed to the owner and to each person that requested notification of the executive director's decision.

Information Available Online. For details about the status of the application, visit the Commissioners' Integrated Database (CID) at www.tceq.texas.gov/goto/cid. Once you have access to the CID using the above link, enter the permit number for this application, which is provided at the top of this notice.

Agency Contacts and Information. All public comments, requests, and petitions must be submitted either electronically at www.tceq.texas.gov/about/comments.html or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record. For more information about this permit application or the permitting process, please call the TCEQ's Public Education Program, Toll Free, at (800) 687-4040 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687-4040.

General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Further information may also be obtained from Rock n Roll Material, Inc. at the address stated above or by calling Mr. Isaias Padilla or Ms. Margarita Padilla at (214) 704-1553.

TRD-201802961

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 2, 2018


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapters 35, 37, 50, 55, 80, 281, 290, 291, and 293

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 35, Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions; Chapter 37, Financial Assurance; Chapter 50, Action on Applications and Other Authorizations; Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment; Chapter 80, Contested Case Hearings; Chapter 281, Applications Processing; Chapter 290, Public Drinking Water; Chapter 291, Utility Regulations; and Chapter 293, Water Districts under the requirements of Texas Government Code, Chapter 2001, Subchapter B.

The rulemaking is proposed to implement House Bill (HB) 1600 and Senate Bill (SB) 567, 83rd Texas Legislature, 2013, to amend requirements related to the transfer of the utilities and rates program to the Public Utility Commission of Texas; HB 294, 85th Texas Legislature, 2017, to amend requirements related to appointment of a receiver to a water or sewer utility that has violated a final judgment issued by district court in a suit brought by the attorney general; SB 1842, 85th Texas Legislature, 2017 to amend requirements related to entities exempted from the requirement to file a business plan for a proposed public drinking water system; and staff proposed changes to facilitate the ability to convert the Regulatory Assessment Fee from a self-report, self-pay fee to an online billed fee.

The commission will hold a public hearing on this proposal in Austin on August 7, 2018, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Ms. Kris Hogan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2013-057-291-OW. The comment period closes August 13, 2018. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Brian Dickey, Water Supply Division, (512) 239-0963.

TRD-201802903

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 29, 2018


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapters 305, 331 and 336

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to §305.62 of 30 TAC Chapter 305, Consolidated Permits; §331.84 and §331.107 of 30 TAC Chapter 331, Underground Injection Control; and §336.1115 of 30 TAC Chapter 336, Radioactive Substance Rules, under the requirements of Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement a federal rule update and respond to a petition filed by Lloyd Gosselink on behalf of the Owner/Operator Members of the Uranium Committee of the Texas Mining and Reclamation Association in October 2016 (Project No. 2017-005-PET-NR; approved on December 15, 2016, to initiate rulemaking) to modify rules in 30 TAC in order to fulfill the requirements of an Agreement State program for in-situ uranium mining operations and also to clarify and streamline rules.

The commission will hold a public hearing on this proposal in Austin on August 9, 2018, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Derek Baxter, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2017-017-336-WS. The comment period closes August 13, 2018. Copies of the proposed rulemaking can be obtained from the commission's website at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Bobby Janecka, Radioactive Materials Unit, (512) 239-6415.

TRD-201802869

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 29, 2018


Texas Ethics Commission

List of Late Filers

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

Deadline: Personal Financial Statement due April 30, 2018

Antonio Abad, 2122 Colcord Avenue, Waco, Texas 76707

Lou Ann Cloy, P.O. Box 280, Village Mills, Texas 77663

Leslie Bingham Escareno, 7 Medical Drive, Brownsville, Texas 78520

Romanita Matte-Barrera, 510 Adams, San Antonio, Texas 78210

Jose Menendez, 7715 Windmill Hill, San Antonio, Texas 78229

Arnoldo Saenz, 422 Agnes Street, Premont, Texas 78375

Michelle M. Skyrme, 133 E. Regan Street, Palestine, Texas 75801

Colette P. Walls, 10961 CR 1541, Sinton, Texas 78387

Stanley S. Wang, 6200 Olympic Overlook, Austin, Texas 78746

Eric D. White, P.O. Box 177, Harper, Texas 78631

Jay R. Winter, 7801 CR 6300, Lubbock, Texas 79043

TRD-201802850

Seana Willing

Executive Director

Texas Ethics Commission

Filed: June 28, 2018


General Land Office

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of April 23, 2018 to April 27, 2018. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office website. The notice was published on the website on Friday, July 6, 2018. The public comment period for this project will close at 5:00 p.m. on Monday, August 6, 2018.

FEDERAL AGENCY ACTIONS:

Applicant: Port of Corpus Christi Authority

Location: Aransas Channel at Harbor Island Road in Port Aransas, Nueces County

Latitude & Longitude (NAD 83): 27.850902, -97.066514

Project Description: The applicant proposes to construct a commercial 140-foot-long by 4-foot-wide pier with a 10-foot by 10-foot terminal platform. A 0.22-acre parking lot will be constructed for pier parking/access. The parking lot construction will result in approximately 0.08 acre of permanent fill material within an estuarine high marsh. The pier and terminal platform construction will result in approximately 0.006 acre of permanent shading of sea grasses and emergent wetland. Also, an 18-inch reinforced concrete pipe will be installed perpendicular to the entry driveway and parallel to Harbor Island Road to facilitate stormwater drainage.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2018-00280. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA).

CMP Project No: 18-1244-F1

Applicant: City of Port Aransas

Location: Corpus Christi Bay and adjacent wetlands on bayside of Mustang Island at the Mustang Beach Airport

Latitude & Longitude (NAD 83): 28.814528, -97.093205

Project Description: The applicant proposes to: 1) construct a taxiway turnaround on the northwest end of the existing runway; 2) extend the existing runway and parallel taxiway to the southeast; 3) construct an apron north of the extended runway; and, 4) relocate an existing drainage ditch to the north of the proposed runway extension. These activities would result in permanent placement of fill material within approximately 2.11 acres of aquatic resources. The impacted resources would include: approximately 1.1 acres of palustrine emergent wetland, approximately 0.1 acre of estuarine emergent/tidal flat wetland, approximately 0.6 acre of estuarine emergent/scrub-shrub (mangrove) wetland, approximately 0.03 acre of estuarine open water, and approximately 0.28 acre of man-made ditch.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2018-00189. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

CMP Project No: 18-1245-F1

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Army Corps of Engineers (USACE)

Project Description: USACE, in partnership with Jefferson County and Sabine Neches Navigation District, has selected a plan for ecosystem restoration. The plan incorporated marsh and Gulf Intracoastal Waterway (GIWW) shoreline restoration features which are critical to the stabilization and sustainment of the critical marsh resources. The plan includes marsh restoration and/or nourishment and construction of rock breakwater features. Construction would be on lands owned by Texas Parks and Wildlife Department JD Murphree Wildlife Management Area, U.S. Fish and Wildlife Service McFaddin National Wildlife Refuge, and private lands.

CMP Project No.: 18-1254-F2

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

TRD-201802953

Mark A. Havens

Chief Clerk and Deputy Land Commissioner

General Land Office

Filed: July 2, 2018


Texas Groundwater Protection Committee

Proposed Texas Groundwater Protection Strategy Update

Pursuant to Texas Water Code, §26.405(2), the Texas Groundwater Protection Committee (TGPC or committee) has begun the process of updating its Texas Groundwater Protection Strategy (Strategy), and files this notice in accordance with Texas Government Code, §2001.023(a) and (b), which states that an agency must give at least 30 days' notice of its intention to adopt a rule before adoption, and that the agency must file notice of the proposed rule with the Secretary of State for publication in the Texas Register.

SUMMARY

Created by the 71st Legislature in 1989, the TGPC strives to identify areas where new or existing Texas groundwater programs could be enhanced, as well as improve coordination among the state agencies and statewide organizations involved in groundwater-related activities. The TGPC also provides a means for the public to interact with groundwater experts.

One of the TGPC's legislative mandates is to develop and update a comprehensive groundwater protection strategy for the state that provides guidelines for groundwater conservation and the prevention of groundwater contamination.

The comprehensive strategy for protecting groundwater in Texas includes both the TGPC member's internal programs and the TGPC's internal processes outlined in the proposed Strategy update.

The current Strategy can be found at:

https://www.tceq.texas.gov/assets/public/comm_exec/pubs/as/188.pdf.

Three versions of the proposed Strategy update can be found at:

http://tgpc.texas.gov/strategy/AS_188_2pg_01Mar2018.pdf.

This two-page version can be printed double-sided on one 11" x 17" piece of paper and folded in half. This is the preferred printing method.

http://tgpc.texas.gov/strategy/AS_188_3pg_01Mar2018.pdf

This three-page version is web friendly. That is, it is accessible, and it is presented online in a browser tab the way that someone would read the two-page hard copy - the front page, the entire inside two pages, and then the back page.

http://tgpc.texas.gov/strategy/AS_188_4pg_01Mar2018.pdf

For those who do not have access to 11" x 17" paper, this four-page version can be printed on 8.5" x 11" pieces of paper (single-sided or double-sided) and stapled together.

Note that the top two links in the box at the bottom of the last page do not work right now, but they will be valid in November 2018 when the document is anticipated to be published.

PUBLIC COMMENT

The committee invites public comment on its proposed Texas Groundwater Protection Strategy update. Any interested persons may submit data, views, or written arguments to Patricia Durón, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference TGPC-Texas Groundwater Protection Strategy. Comments must be received by 5:00 p.m., August 13, 2018. For further information or questions concerning this proposal, please contact Cary Betz, Designated Chairman, Texas Groundwater Protection Committee, at (512) 239-4506.

TRD-201802952

Cary Betz

Chair

Texas Groundwater Protection Committee

Filed: July 2, 2018


Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rates for Indian Health Services

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 14, 2018, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for Indian Health Services.

The public hearing will be held in HHSC's Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC also will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The payment rates for the Indian Health Services are proposed to be effective January 1, 2018.

Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code, §355.8620, which addresses the reimbursement methodology for services provided in Indian Health Service and tribal facilities.

Briefing Package. A briefing package describing the proposed payment rates will be available at http://rad.hhs.texas.gov/rate-packets on or after August 1, 2018. Interested parties may obtain a copy of the briefing package on or after August 1, 2018, by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by email at RADAcuteCare@hhsc.state.tx.us. The briefing package will also be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by email to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd., Austin, Texas 78751.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.

TRD-201802936

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 2, 2018


Notice of Public Hearing on Proposed Medicaid Payment Rates for the 1st Quarter Healthcare Common Procedure Coding System (HCPCS) Updates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 14, 2018, at 1:30 p.m., to receive comment on the proposed Medicaid payment rates for the 1st Quarter Healthcare Common Procedure Coding System (HCPCS) Updates.

The public hearing will be held in HHSC's Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC also will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The payment rates for the 1st Quarter HCPCS review of procedure codes C9464, C9465, C9466, C9467, C9469, C9794, Q2041, Q5103, and Q5104 are proposed to be effective October 1, 2018.

Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code §355.8085, which addresses the reimbursement methodology for physicians and other practitioners.

Briefing Package. A briefing package describing the proposed payment rates will be available at http://rad.hhs.texas.gov/rate-packets on or after August 1, 2018. Interested parties may obtain a copy of the briefing package on or after August 1, 2018, by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by email at RADAcuteCare@hhsc.state.tx.us. The briefing package will also be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by email to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd., Austin, Texas 78751.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) 730-7401 at least 72 hours before the hearing, so appropriate arrangements can be made.

TRD-201802938

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 2, 2018


Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medicaid Biennial Calendar Fee Review

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 14, 2018, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for the Medicaid Biennial Calendar Fee Review.

The public hearing will be held in HHSC's Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC also will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The payment rates for the Medicaid Biennial Calendar Fee Review are proposed to be effective October 1, 2018, for the following services:

Birthing Centers;

Nervous System Surgery;

Orthotic and Prosthetic Devices;

General and Integumentary System Surgery;

Respiratory Therapists;

Physician Administered Drugs (Non-Oncology); and

Physician Administered Drugs (Oncology).

Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:

§355.8023, which addresses the reimbursement methodology for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS);

§355.8085, which addresses the reimbursement methodology for physicians and other practitioners;

§355.8181, which addresses birthing center reimbursement; and

§355.8441, which addresses the reimbursement methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services (known in Texas as Texas Health Steps).

Briefing Package. A briefing package describing the proposed payment rates will be available at http://rad.hhs.texas.gov/rate-packets on or after August 1, 2018. Interested parties may obtain a copy of the briefing package on or after August 1, 2018, by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by email at RADAcuteCare@hhsc.state.tx.us. The briefing package will also be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by email to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd., Austin, Texas 78751.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.

TRD-201802937

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 2, 2018


Proposed Final Report on the Long Term Care Plan for FY 2018-2019

Final Report on the Plan on Long-Term Care for Persons with an Intellectual Disability or Related Conditions for Fiscal Years 2018-2019 is available on the HHSC website at: https://hhs.texas.gov/laws-regulations/reports-presentations. Alternatively, interested parties may request a free copy of the proposed LTC Plan by contacting the HHSC Quality Reporting Unit by U.S. mail, telephone, or by email at the address below.

Health & Human Services Commission

Quality Reporting Unit

Office of the Quality Monitoring Program & Initiatives

Medicaid & Chip Services

Medical & Social Services

701 West 51st Street, Mail Code W510

Austin, Texas 78751

Janet.fletcher@hhsc.state.tx.us

(512) 458-4350

TRD-201802932

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 2, 2018


Texas Department of Housing and Community Affairs

Notice to Public and to All Interested Mortgage Lenders Texas Department Of Housing and Community Affairs Mortgage Credit Certificate Program

The Texas Department of Housing and Community Affairs (the "Department") intends to implement a Mortgage Credit Certificate Program (the "Program") to assist eligible very low, low, and moderate income first-time homebuyers with the purchase of a residence located within the State of Texas.

Under the Program, a first-time homebuyer who satisfies the eligibility requirements described herein may receive a federal income tax credit in an amount equal to the product of the certificate credit rate established under the Program, and the interest paid or accrued by the homeowner during the taxable year on the remaining principal of the certified indebtedness amount incurred by the homeowner to acquire the principal residence of the homeowner, provided that such credit allowed in any taxable year does not exceed $2,000. In order to qualify to receive a mortgage credit certificate, the homebuyer must qualify for a conventional, FHA, VA, USDA or other home mortgage loan from a lending institution and must meet the other requirements of the Program.

The mortgage credit certificates will be issued to qualified mortgagors on a first-come, first-served basis by the Department, which will review applications from lending institutions and prospective mortgagors to determine compliance with the requirements of the Program and determine that mortgage credit certificates remain available under the Program. No mortgage credit certificates will be issued prior to ninety (90) days from the date of publication of this notice or after the date that all of the credit certificate amount has been allocated to homebuyers, and in no event will mortgage credit certificates be issued later than the date permitted by federal tax law.

In order to satisfy the eligibility requirements for a mortgage credit certificate under the Program:

(a) the prospective residence must be a single-family residence located within the State of Texas that can be reasonably expected to become the principal residence of the mortgagor within a reasonable period of time after the financing is provided;

(b) the prospective homebuyer's current income must not exceed:

(1) for families of three or more persons, 115% (140% in certain targeted areas or in certain cases permitted under applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code") of the area median income; and

(2) for individuals and families of two persons, 100% (120% in certain targeted areas or in certain cases permitted under applicable provisions of the Code) of the area median income.

(c) the prospective homebuyer must not have owned a home as a principal residence during the past three years (except in the case of certain targeted area residences or in certain cases permitted under applicable provisions of the Code);

(d) the acquisition cost of the residence must not exceed 90% (110%, in the case of certain targeted area residences or in certain cases permitted under applicable provisions of the Code) of the average area purchase price applicable to the residence; and

(e) no part of the proceeds of the qualified indebtedness may be used to acquire or replace an existing mortgage (except in certain cases permitted under applicable provisions of the Code).

To obtain additional information on the Program, including the boundaries of current targeted areas, as well as the current income and purchase price limits (which are subject to revision and adjustment from time to time by the Department pursuant to changes in applicable federal law and Department policy), please contact Sue Nance at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701-2410; telephone (512) 475-3356.

The Department intends to maintain a list of single family mortgage lenders that will participate in the Program by making loans to qualified holders of these mortgage credit certificates. Any lender interested in appearing on this list or in obtaining additional information regarding the Program should contact Sue Nance at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701-2410; (512) 475-3356. The Department may schedule a meeting with lenders to discuss in greater detail the requirements of the Program.

This notice is published in satisfaction of the requirements of Section 25 of the Code and Treasury Regulation Section 1.25-3T(j)(4) issued thereunder regarding the public notices prerequisite to the issuance of mortgage credit certificates and to maintaining a list of participating lenders.

TRD-201802935

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 2, 2018


Texas Lottery Commission

Scratch Ticket Game Number 2022 "Hunting for Hundreds"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2022 is "HUNTING FOR HUNDRED$". The play style is "key symbol match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2022 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2022.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, BINOCULARS PLAY SYMBOL, TENT PLAY SYMBOL, $2.00, $4.00, $5.00, $10.00, $15.00, $40.00, $100, $1,000 and $30,000.

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

Figure 1: GAME NO. 2022 - 1.2D (.pdf)

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

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2022), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 2022-0000001-001.

H. Pack - A Pack of the "HUNTING FOR HUNDRED$" Scratch Ticket Game contains 125 Tickets. One Ticket will be folded over to expose a front and back of one ticket on each pack. Please note the packs will be in an A, B, C, and D configuration.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "HUNTING FOR HUNDRED$" Scratch Ticket Game No. 2022.

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, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "HUNTING FOR HUNDRED$" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 20 (twenty) Play Symbols. If a player reveals a "BINOCULARS" Play Symbol, the player wins the PRIZE for that Play Symbol. If a player reveals a "TENT" Play Symbol, the player WINS ALL 10 PRIZES INSTANTLY! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 20 (twenty) 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 20 (twenty) 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 20 (twenty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 20 (twenty) 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. GENERAL: Consecutive Non-Winning Tickets in a Pack will not have matching play data, spot for spot.

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

C. FIND: A non-winning Prize Symbol will never match a winning Prize Symbol.

D. FIND: A Ticket will not have matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.

E. FIND: The "TENT" (WINALL) Play Symbol will only appear once on intended winning Tickets as dictated by the prize structure.

F. FIND: When the "TENT" (WINALL) Play Symbol is used, there will be no occurrence of a winning Play Symbol and, if applicable, no occurrence of any other special features (i.e., auto wins or multipliers).

G. FIND: No prize amount in a non-winning spot will correspond with the Play Symbol (i.e., 2 and $2).

H. FIND: The "BINOCULARS" (WIN) Play Symbol and the "TENT" (WINALL) Play Symbol will never appear together on the same Ticket in any combination.

2.3 Procedure for Claiming Prizes.

A. To claim a "HUNTING FOR HUNDRED$" Scratch Ticket Game prize of $2.00, $4.00, $5.00, $10.00, $15.00, $40.00 or $100, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $40.00 or $100 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B of these Game Procedures.

B. To claim a "HUNTING FOR HUNDRED$" Scratch Ticket Game prize of $1,000 or $30,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "HUNTING FOR HUNDRED$" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.C 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 $600 from the "HUNTING FOR HUNDRED$" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

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

2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 7,080,000 Scratch Tickets in Scratch Ticket Game No. 2022. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2022 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2022 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 Scratch Ticket 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. 2022, 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-201802956

Bob Biard

General Counsel

Texas Lottery Commission

Filed: July 2, 2018


Scratch Ticket Game Number 2055 "Lucky 7s Hunt"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2055 is "LUCKY 7s HUNT." The play style is "coordinate with prize legend."

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 2055 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2055.

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 color LUCKY GRID Play Symbols are: LADY BUG SYMBOL, LEMON SYMBOL, ORANGE SYMBOL, STRAWBERRY SYMBOL, DICE SYMBOL, HORSESHOE SYMBOL, BELL SYMBOL, DIAMOND SYMBOL, MONEY STACK SYMBOL, GOLD COIN SYMBOL, CROWN SYMBOL and LUCKY 7 SYMBOL. The possible black LUCKY NUMBERS Play Symbols and LUCKY GRID Overprint Numbers are: 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48 and 49.

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 LUCKY GRID Overprint Numbers will not have captions. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 2055 - 1.2D (.pdf)

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

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2055), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2055-0000001-001.

H. Pack - A Pack of "LUCKY 7s HUNT" Scratch Ticket Game contains 075 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 075 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 075 will be shown on the back of the Pack.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - A Texas Lottery "LUCKY 7s HUNT" Scratch Ticket Game No. 2055.

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, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "LUCKY 7s HUNT" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 18 (eighteen) LUCKY NUMBERS Play Symbols. There are also 36 (thirty-six) LUCKY GRID Play Symbols covered by 36 (thirty-six) LUCKY GRID Overprint Numbers. There are a total of 54 (fifty-four) Play Symbols. The player must scratch all of the 18 LUCKY NUMBERS. Then, the player must scratch ONLY the LUCKY GRID Overprint Numbers found in the LUCKY GRID that exactly match the LUCKY NUMBERS to expose the color LUCKY GRID Play Symbols. If the player has revealed 3 matching LUCKY GRID Play Symbols, the player wins the corresponding prize in the PRIZE LEGEND. 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 54 (fifty-four) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption; the LUCKY GRID Overprint Numbers will not have captions;

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

4. Each of the LUCKY NUMBERS Play Symbols must be printed in black ink; each of the LUCKY GRID Play Symbols will be printed in full color;

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

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

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

16. Each of the 54 (fifty-four) Play Symbols and 36 (thirty-six) Overprint Numbers must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 54 (fifty-four) Play Symbols and 36 (thirty-six) Overprint Numbers on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

Programmed Game Parameters.

A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of Play Symbols.

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

C. A Ticket can win up to five (5) times.

D. The PRIZE LEGEND will appear as follows: 3 LADY BUG Play Symbols win $5. 3 LEMON Play Symbols win $10. 3 ORANGE Play Symbols win $15. 3 STRAWBERRY Play Symbols win $20. 3 DICE Play Symbols win $25. 3 HORSESHOE Play Symbols win $50. 3 BELL Play Symbols win $100. 3 DIAMOND Play Symbols win $250. 3 MONEY STACK Play Symbols win $500. 3 GOLD COIN Play Symbols win $1,000. 3 CROWN Play Symbols win $5,000. 3 LUCKY 7 Play Symbols win $100,000.

E. There will be twelve (12) different LUCKY GRID scenes.

F. There are a total of twelve (12) different symbols used in each scene.

G. On each Ticket, the LUCKY NUMBERS Play Symbols will be different.

H. On each Ticket, all the LUCKY GRID overprint numbers will be different and will not include seventeen (17), twenty-seven (27), thirty-seven (37) or forty-seven (47).

I. There will be six (6) rows of six (6) squares in the LUCKY GRID play area. Each square will contain one (1) LUCKY GRID overprint number.

J. Each LUCKY NUMBERS Play Symbol will reveal exactly one (1) LUCKY GRID Play Symbol in the LUCKY GRID play area.

K. Base printed numbers in the LUCKY GRID play area will match the LUCKY GRID overprint numbers in the LUCKY GRID play area.

L. Non-winning LUCKY GRID Play Symbols will never be revealed more than two (2) times in the LUCKY GRID play area.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY 7s HUNT" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $250 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $50.00, $100, $250 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "LUCKY 7s HUNT" Scratch Ticket Game prize of $1,000, $5,000 or $100,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "LUCKY 7s HUNT" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "LUCKY 7s HUNT" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "LUCKY 7s HUNT" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 7,200,000 Scratch Tickets in the Scratch Ticket Game No. 2055. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2055 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2055 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket Game closing procedures and the Scratch Ticket 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. 2055, 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-201802957

Bob Biard

General Counsel

Texas Lottery Commission

Filed: July 2, 2018


Public Utility Commission of Texas

Announcement of Application to Amend a State-Issued Certificate of Franchise Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on June 25, 2018, to amend a state-issued certificate of franchise authority (SICFA).

Project Title and Number: Application of Cebridge Acquisition, L.P. dba Suddenlink Communications to Amend a State-Issued Certificate of Franchise Authority, Project Number 48485.

The applicant seeks to amend its SICFA No. 90015 to expand its service area footprint to include the cities of Brownsboro, Murchison, Gilmer, Kemp and Idalou.

Information on the application may be obtained by contacting 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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Project Number 48485.

TRD-201802851

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 28, 2018


Notice of Application for a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on June 28, 2018, in accordance with Public Utility Regulatory Act §§54.151 - 54.156.

Docket Title and Number: Application of Visual Intermedia Solutions, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 48495.

Applicant seeks to provide facilities-based, data, and resale telecommunication services throughout the State of Texas.

Persons wishing to comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than July 20, 2018. 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 48495.

TRD-201802958

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2018


Notice of Application for Transfer Pursuant to Public Utility Regulatory Act §37.154

Notice is given to the public of an application filed with the Public Utility Commission of Texas (Commission) on May 31, 2018, under the Public Utility Regulatory Act, Tex. Util. Code Ann. §37.154.

Docket Style and Number: Joint Application of Lighthouse Electric Cooperative, Inc. and Southwestern Public Service Company for Transfer of Certain Facilities and Associated Certificate Rights in Floyd County, Docket Number 48418.

The Application: On May 31, 2018, Lighthouse Electric Cooperative, Inc. (Lighthouse) and Southwestern Public Service Company (SPS) filed an application for approval to transfer Lighthouse CCN number 30104 rights to SPS. The transfer will include an approximately 6-mile-long segment of 69 kV transmission line (including easements) located in Floyd County between the Lockney Rural and Briscoe substations.

Persons wishing to intervene or comment on the action sought should contact the Commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to 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 48418.

TRD-201802944

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission Of Texas

Filed: July 2, 2018


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 in Montgomery County.

Docket Style and Number: Application of MSEC Enterprises, Inc. to Amend its Water Certificate of Convenience and Necessity in Montgomery County, Docket Number 48491.

The application: On June 26, 2018, MSEC Enterprises, Inc. filed an application to amend its water certificate of convenience and necessity (CCN) No. 12887. The purpose of the requested amendment is to provide water service requested by the landowner in an area with no current retail water utility service. The affected service area requested includes approximately 40 acres and 0 customers.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 48491.

TRD-201802906

Andrea Gonzalez

Assistant Rules Coordinator

Public Utilities Commission of Texas

Filed: July 2, 2018


Notice of Application to Amend and Decertify a Portion of Its 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 decertify a portion of sewer certificate of convenience and necessity in Kaufman County.

Docket Style and Number: Application of the City of Kemp to Amend a Sewer Certificate of Convenience and Necessity in Kaufman County, Docket Number 48446.

The Application: On June 7, 2018, the City of Kemp filed an application to decertify a portion of sewer certificate of convenience and necessity (CCN) No. 20611. A portion of the certificated area is outside of the municipal boundaries, has no sewer customers, and has limited resources to provide continuous and adequate sewer service to the affected area. The City of Kemp requests that the Commission decertify the portion of the CCN outside of its municipal boundaries.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 48446.

TRD-201802950

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2018


Notice of Application to Amend Eligible Telecommunications Carrier and Amend Eligible Telecommunications Provider Designations

The Public Utility Commission of Texas gives notice of an application filed on June 29, 2018, to amend eligible telecommunications provider (ETP) and eligible telecommunications carrier (ETC) designations under 16 Texas Administrative Code (TAC) §§26.417 and 26.418, respectively.

Docket Title and Number: Application of Virgin Mobile USA, L.P. to Amend its Designation as an Eligible Telecommunications Carrier and its Designation as an Eligible Telecommunications Provider, Docket Number 48502.

The Application: Virgin Mobile USA, L.P. (Virgin Mobile) filed an application to amend its designations as an ETC and as an ETP. Virgin Mobile requested this amendment to include additional exchanges where it holds spectrum and offers wireless service in the territory of additional incumbent local exchange companies (ILECs). Virgin Mobile included the list of relevant ILECs in the application and provided maps, as exhibit 5 to the application, showing the exchanges located in the service territories of the applicable rural ILECs. Under 16 TAC §§26.417(f)(2)(A)(i) and 26.418 (h)(2)(A)(i), the effective date is August 12, 2018.

Persons who wish to comment upon the action sought should notify the commission no later than August 2, 2018. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division 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 48502.

TRD-201802951

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2018


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

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on June 22, 2018, a petition to amend a water certificate of convenience and necessity (CCN) in Kaufman County by expedited release.

Docket Style and Number: Petition of EQK Bridgeview Plaza, LLC to Amend High Point Water Supply Corporation's Certificate of Convenience and Necessity in Kaufman County by Expedited Release, Docket Number 48484.

The Petition: EQK Bridgeview Plaza, LLC filed a petition for expedited release of approximately 2807 acres of land within High Point Water Supply Corporation's water CCN No. 10841 in Kaufman County under Texas Water Code §13.254(a‑5) and 16 Texas Administrative Code §24.113(l).

Persons wishing to file a written protest or motion to intervene and file comments on the petition should contact the commission no later than July 23, 2018, 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 48484.

TRD-201802960

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2018


Notice of Petition for Cease and Desist Order

Notice is given to the public of the filing with the Public Utility Commission of Texas on June 29, 2018, a request for a cease and desist order.

Docket Style and Number: Petition of Agua Special Utility District for a Cease and Desist Order Against the City of Palmview, Docket No. 48497.

The Application: Agua Special Utility District (Agua) filed a petition for an order directing the City of Palmview (Palmview) to cease and desist from continuing to construct wastewater lines to provide retail water service within Agua's service area. Agua stated that Palmview is constructing wastewater lines and facilities without consent in territory covered by Agua certificates of convenience and necessity numbers 10559 and 20785.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. 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 48497.

TRD-201802959

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2018


Texas Department of Transportation

Aviation Division - Request for Qualifications for Professional Engineering Services

The City of Graham, 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 Graham; TxDOT CSJ No.: 1803GRAHM.

The TxDOT Project Manager is Ed Mayle.

Scope: Provide engineering and design services, including construction administration, to:

1. Rehabilitate and mark Runway 03/21;

2. Rehabilitate and mark Runway 18/36:

3. Rehabilitate and mark parallel taxiways;

4. Rehabilitate and mark hangar access taxiways;

5. Conduct pavement strength evaluation;

6. Install Precision Approach Path Indicator - Runway 03; and

7. Construct new hangar access taxiway west to Terminal building.

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

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

The DBE goal for the design phase of the current project is 8%. The goal will be re-set for the construction phase.

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

Expand public apron and construct hangar access taxiway.

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

To assist in your qualification statement preparation, the criteria, 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 "Graham Municipal Airport." The qualification statement should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects.

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, or by phone at (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, or submits a cover page with the 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 August 3, 2018, 11:59 p.m. (CDST). Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

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

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 Kelle Chancey, 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-201802847

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Filed: June 27, 2018


Public Hearing Notice - Statewide Transportation Improvement Program

The Texas Department of Transportation (department) will hold a public hearing on Thursday, August 9, 2018, at 10:00 a.m. at 200 East Riverside Drive, Room 1A-2, in Austin, Texas to receive public comments on the proposed 2019-2022 Statewide Transportation Improvement Program (STIP).

The STIP reflects the federally funded transportation projects in the FY 2019-2022 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP includes both state and federally funded projects for the nonattainment areas of Dallas-Fort Worth, El Paso, and Houston. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.

Title 23, United States Code, §134 and §135 require each designated MPO and the state, respectively, to develop a TIP and STIP as a condition to securing federal funds for transportation projects under Title 23 or the Federal Transit Act (49 USC §5301, et seq.). Section 134 requires an MPO to develop its TIP in cooperation with the state and affected public transit operators and to provide an opportunity for interested parties to participate in the development of the program. Section 135 requires the state to develop a STIP for all areas of the state in cooperation with the designated MPOs and, with respect to non-metropolitan areas, in consultation with affected local officials, and further requires an opportunity for participation by interested parties as well as approval by the Governor or the Governor's designee.

A copy of the proposed FY 2019-2022 STIP will be available for review, at the time the notice of hearing is published, 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) 486-5033, and on the department's website at: http://www.txdot.gov/government/programs/stips.html.

Persons wishing to speak at the hearing may register in advance by notifying Lori Morel, Transportation Planning and Programming Division, at (512) 486-5033 no later than Wednesday, August 8, 2018, 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) 486-5053. 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 proposed FY 2019-2022 STIP to Peter N. Smith P.E., Director of the Transportation Planning and Programming Division, P.O. Box 149217, Austin, Texas 78714-9217. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by 4:00 p.m. on Tuesday, August 28, 2018.

TRD-201802868

Jack Ingram

Associate General Counsel

Texas Department of Transportation

Filed: June 29, 2018