IN ADDITION

Alamo Area Metropolitan Planning Organization

Request for Proposals - Expenditure of Funds Audit

The Alamo Area Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to perform an audit of expenditures of funds provided by the United States Department of Transportation for each of the five (5) fiscal years: 2016 - 2017, 2017 - 2018, 2018 - 2019, 2019 - 2020 and 2020 - 2021.

A copy of the Request for Proposals (RFP) may be requested by calling Jeanne Geiger, Deputy Director, at (210) 227-8651 or by downloading the RFP and any required attachments from the MPO's website at www.alamoareampo.org. Anyone wishing to submit a proposal must do so by 12:00 p.m. (CT), Wednesday, August 23, 2017, at the MPO office to:

Jeanne Geiger, Deputy Director

Alamo Area MPO

825 S. St. Mary's Street

San Antonio, Texas 78205

Funding for this project, in the amount of $140,000 over the five year period, is contingent upon the availability of Federal transportation planning funds.

TRD-201702626

Jeanne Geiger

Deputy Director

Alamo Area Metropolitan Planning Organization

Filed: July 12, 2017


Office of the Attorney General

Request for Applications for the Sexual Assault Services Program Grant

The Office of the Attorney General (OAG) is soliciting applications from State Sexual Assault Coalition programs to utilize funds for preventing sexual assault or improving services for survivors and other individuals affected by sexual violence.

Applicable Funding Source: The source of funding is through a biennial appropriation by the Texas Legislature. All funding is contingent upon an appropriation to the OAG by the Texas Legislature. The OAG makes no commitment that an application, once submitted, or a grant, once funded, will receive subsequent funding.

Eligibility Requirements:

Eligible Applicants: State Sexual Assault Coalition - a statewide nonprofit organization that has been identified as a state sexual assault coalition by a state or federal agency authorized to make that designation.

Eligibility: The OAG will initially screen each application for eligibility. Applications will be deemed ineligible if the application is submitted by an ineligible applicant; the application is not filed in the manner and form required by the Application Kit; the application is filed after the deadline established in the Application Kit; or the application does not meet other requirements as stated in the Request for Applications (RFA) and the Application Kit.

How to Obtain Application Kit: The OAG will post the Application Kit on the OAG's website at https://www.texasattorneygeneral.gov/cvs/grants-and-contracts. Updates and other helpful reminders about the application process will also be posted at this location. Potential applicants are encouraged to refer to the site regularly.

Deadlines and Filing Instructions for the Grant Application:

Application Deadline: The Applicant Organization must submit its application, including all required attachments, to the OAG, and the OAG must receive the submitted application and all required attachments by the deadline established in the Application Kit to be considered timely filed.

Filing Instructions: Strict compliance with the filing instructions, as provided in the Application Kit, is required. The OAG will not consider an Application if it is not received by the due date as stated in the Application Kit.

Minimum and Maximum Amounts of Funding Available: Minimum and maximum amounts of funding are subject to change as stated in the Application Kit. The minimum amount of funding for all programs is $65,000 per fiscal year. The maximum amount for a local program is $1,125,000 per fiscal year.

Start Date and Length of Grant Contract Period: The grant contract period (term) is up to two years from September 1, 2017, through August 31, 2019, subject to and contingent on funding and/or approval by the OAG.

No Match or Volunteer Requirements: There are no match or volunteer requirements.

Award Criteria: The OAG will make funding decisions that support the efficient and effective use of public funds. Scoring and review components may include, but are not limited to, information provided by the applicant on the proposed project activities and budget. Funding decisions may include a competitive allocation method. All grant decisions including, but not limited to, eligibility, evaluation and review, and funding rest completely within the discretionary authority of the OAG. The decisions made by the OAG are final and are not subject to appeal.

Grant Purpose Area: Grant contracts awarded under this Application Kit may be used to carry out the purpose of Texas Government Code, Chapter 420, including standardizing the quality of services provided, preventing sexual assault, and improving services to survivors and other individuals affected by sexual violence.

Prohibitions on Use of Grant Funds: OAG grant funds may not be used to support or pay the costs of overtime, dues, or lobbying; any portion of the salary or any other compensation for an elected government official; the purchase of food and beverages except as allowed under Texas State Travel Guidelines; the purchase or lease of vehicles; the purchase of promotional items or recreational activities; costs of travel that are unrelated to the direct delivery of services that support the OAG grant-funded program; the costs for consultants or vendors who participate directly in writing a grant application; or for any unallowable costs set forth in applicable state or federal law, rules, regulations, guidelines, policies, procedures or cost principles. Grant funds may not be used to purchase any other products or services the OAG identifies as inappropriate or unallowable within this RFA or the Application Kit.

OAG Contact Person: If additional information is needed, contact Lyndsay Ysla at Grants@oag.texas.gov or (512) 936-1278.

TRD-201702559

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: July 7, 2017


Texas Health and Safety Code and Texas Water Code Settlement Notice

The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code. Before the State may enter into a voluntary settlement agreement, pursuant to §7.110 of the Texas Water Code the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.

Case Title and Court: Harris County, Texas, and the State of Texas v. National Oilwell Varco, L.P.; Cause No. 2016-12130; in the 151st Judicial District Court of Harris County, Texas.

Background: Defendant formerly utilized an induction heater to conduct a process known as the "burn and pull" process to remove rubber coating from the inside of metal piping at its facility at 8018 Breen Drive in Houston, Harris County, Texas ("the Facility"). Harris County Pollution Control Services Department investigators received complaints of strong burned-rubber odors in the vicinity of the Facility in July, 2015. Upon investigation, the investigators determined that the Facility was the source of the odors and that the odor was caused by the Defendant's operation of the "burn and pull" process.

Proposed Settlement: The Agreed Final Judgment and Permanent Injunction awards civil penalties in the amount of $15,000 to be divided equally between the State and Harris County, and attorneys' fees to the State in the amount of $1,000. The Agreed Final Judgment and Permanent Injunction also requires the Defendant to notify Harris County at least 30 days prior to recommencing the "burn and pull" process at the Facility, and to secure all necessary authorizations from TCEQ to conduct the process.

The Office of the Attorney General will accept written comments relating to the proposed judgment for thirty (30) days from the date of publication of this notice. The proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas, and copies may be obtained in person or by mail for the cost of copying. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Erin Rodman, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, MC 066, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911.

TRD-201702590

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: July 10, 2017


Comptroller of Public Accounts

Notice of Contract Award

The Texas Comptroller of Public Accounts announces this notice of award for actuarial services to Sherman Actuarial Services, LLC, 18 High Street, Wakefield, Massachusetts 0180, under Request for Proposals No. 219h ("RFP"). The total amount of the contract is not to exceed $223,000.00. The RFP was published in the March 10, 2017, issue of the Texas Register (42 TexReg 1163).

TRD-201702547

Vicki L. Rees

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: July 6, 2017


Public Notice of Court Costs and Fees 2017

Government Code, §51.607, requires the comptroller to publish a list of all court costs and fees imposed or changed during the most recent regular session of the legislature. This section also provides generally that, notwithstanding the effective date of the law imposing or changing the amount of a court cost or fee, the imposition or change does not take effect until January 1, following the effective date of the law.

The listing of court costs and fees to be identified and published as required by Government Code, §51.607 are as follows:

House Bill (HB) 557

Expunction of Arrest Records and Files

HB 557 is effective September 1, 2017. House Bill 557 relates to the expunction of arrest records and files for certain persons and to the return of certain fees to a person whose criminal record had been expunged; authorizing a fee.

The bill amends Code of Criminal Procedure, §102.006 by amending subsection (a), requiring a petitioner seeking expunction of a criminal record in a district court, in addition to any other fees required by other law and except as provided by subsection (b), to pay certain fees.

The bill amends Code of Criminal Procedure, §102.006 by adding subsection (a-1), requiring in addition to any other fees required by other law and except as provided by subsection (b), a petitioner seeking expunction of a criminal record in a justice court or a municipal court of record under Chapter 55 to pay a fee of $100 for filing an ex parte petition for expunction to defray the cost of notifying state agencies of orders of expunction under that chapter.

The bill amends Government Code, Chapter 103, Subchapter B, by adding §103.02101, requiring a petitioner filing an ex parte petition for expunction in a justice court or a municipal court of record to pay a fee under Code of Criminal Procedure, Article 102.206, of $100 to defray the costs of notifying state agencies of orders of expunction.

House Bill (HB) 1234

Hidalgo County and Cameron County

HB 1234 is effective September 1, 2017. House Bill 1234 relates to filing fees imposed in civil cases in Hidalgo County and Cameron County.

The bill amends Government Code, Chapter 101, Subchapter D, by adding §101.061194, requiring the clerk of a district court in Hidalgo County and the clerk of a district court in Cameron County to collect an additional filing fee of not more than $20 under Government Code, §51.711, in civil cases to fund the payment of the principal of, interest on, and costs of issuance of bonds, including refunding bonds, issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.

The bill amends Government Code, Chapter 101, Subchapter E, by adding §101.081193, requiring the clerk of a statutory county court in Hidalgo County and the clerk of a statutory county court in Cameron County to collect an additional filing fee of not more than $20 under Government Code, §51.711, in civil cases to fund the payment of the principal of, interest on, and costs of issuance of bonds, including refunding bonds, issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.

The bill amends Government Code, Chapter 101, Subchapter F, by adding §101.101192, requiring the clerk of a statutory probate court in Hidalgo County to collect an additional filing fee of not more than $20 under Government Code, §51.711, in civil cases to fund the payment of the principal of, interest on, and costs of issuance of bonds, including refunding bonds, issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.

House Bill (HB) 2875

Willacy County and Starr County

HB 2875 is effective September 1, 2017. House Bill 2875 relates to the imposition of additional fees for filing civil cases in Willacy County and Starr County.

Section 1 of HB 2875 amends Government Code, Chapter 51, Subchapter H by adding §51.713. Subsection (a) of §51.713 provides that this section applies only to district courts, the constitutional county court, and justice courts in Willacy County; and district courts, the county court at law, and justice courts in Starr County.

Subsection (b) of §51.713 provides that except as otherwise provided by this section and in addition to all other fees authorized or required by other law, the clerk of a court shall collect a filing fee of not more than $20 in each civil case filed in the court, if the fee is authorized by the commissioners court of the county collecting the fee. A fee collected under this section is to be used for the construction, renovation, or improvement of the facilities that house the Willacy County or Starr County civil courts; and to pay the principal of, interest on, and cost of issuance of bonds issued for the construction, renovation, or improvement of the facilities that house the Willacy County or Starr County civil courts.

Subsection (c) of §51.713 requires that court fees due under this section shall be collected in the same manner as other fees, fines, or costs are collected in the case.

Subsection (d) of §51.713 requires the clerk to send the fees collected under this section to the county treasurer of the county in which the court is located or to any other official who discharges the duties commonly assigned to the county treasurer at least as frequently as monthly. The treasurer or other official must deposit the fees in a special account in the county treasurer dedicated to the construction, renovation, or improvement of the facilities that house the Willacy County or Star County civil courts; and pay the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of the facilities that house the Willacy County or Starr County civil courts.

Subsection (e) of §51.713 provides that this section applies only to fees for a 12-month period beginning October 1, if the commissioners court of the county collecting the fee: adopts a resolution authorizing a fee of not more than $20; adopts a resolution requiring the county to spend one dollar for the construction, renovation, or improvement of the court facilities or to pay the principal of, interest on, and costs of issuance of bonds issued for the construction of court facilities for each dollar spent from the special account dedicated to that purpose; and files the resolutions with the county treasurer or with any other official who discharges the duties commonly assigned to the county treasurer not later than September 1 immediately preceding the first 12-month period during which the fees are to be collected.

Subsection (f) of §51.713 provides that a resolution adopted under subsection (e) continues from year to year until October 1, 2045, allowing the county to collect fees under the terms of this section until the resolution is rescinded.

Subsection (g) of §51.713 authorizes the commissioners court of the county collecting the fee to rescind a resolution under subsection (e) by adopting a resolution rescinding the resolution and submitting the rescission resolution to the county treasurer or to any other official who discharges the duties commonly assigned to the county treasurer not later than September 1 preceding the beginning of the first day of the county fiscal year. The commissioners court may adopt an additional resolution in the manner provided by subsection (e) after rescinding a previous resolution under that subsection.

Subsection (h) of §51.713 provides that a fee established under a particular resolution is abolished on the earlier of: the date a resolution adopted under subsection (e) is rescinded as provided by subsection (g); or October 1, 2045.

Subsection (i) of §51.713 authorizes Willacy County or Starr County to make the required expenditure described by subsection (e)(2) at any time, regardless of when the expenditure from the special account occurs.

Section 2 of HB 2875 amends Government Code, Chapter 101, Subchapter D, by adding §101.061194, requiring that the clerk of a district court in Willacy County and the clerk of a district court in Starr County to collect an additional filing fee of not more than $20 under Government Code, §51.713, in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court; and payment of the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.

Section 3 of HB 2875 amends Government Code, Chapter 101, Subchapter E, by adding §101.081195, requiring that the clerk of a statutory county court in Starr County to collect an additional filing fee of not more than $20 under Government Code, §51.713, in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court; and payment of the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.

Section 4 of HB 2875 amends Government Code, Chapter 101, Subchapter G, by adding §101.12122, requiring that the clerk of the county court in Willacy County to collect an additional filing fee of not more than $20 under Government Code, §51.713, in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court; and payment of the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.

Section 5 of HB 2875 amends Government Code, Chapter 101, Subchapter H, by adding §101.143, requiring that the clerk of a justice court in Willacy and the clerk of a justice court in Starr County to collect an additional filing fee of not more than $20 under Government Code, §51.713, in civil cases to fund the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court; and payment of the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of court facilities, if authorized by the county commissioners court.

Senate Bill (SB) 42

Security of Courts and Judges

SB 42 is effective September 1, 2017. Senate Bill 42 relates to the security of courts and judges in the state and establishes a fee.

Section 5 of SB 42 amends Government Code, Chapter 51, by adding Subchapter N (Additional Filing Fee for Judicial and Court Personnel Training), and §51.971 (Judicial and Court Personnel Training Fee).

Subsection (a) of §51.971 authorizes, in addition to other fees authorized or required by law, the clerk of a district court, county court, statutory county court, statutory probate court, or justice court to collect a $5 fee on the filing of any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third part action.

Subsection (b) of §51.971 allows a court to waive payment of a fee due under this section for an individual the court determines is indigent.

Subsection (c) of §51.971 provides that fees due under this section are to be collected in the same manner as other fees, fines, or costs in the case.

Subsection (d) of §51.971 requires the clerk of a district court, county court, statutory county court, statutory probate court, or justice court to deposit the court costs and fees collected under this section in the appropriate local treasury and remit the court costs and fees to the comptroller in the manner provided under Local Government Code, Chapter 133, Subchapter B.

Subsection (e) of §51.971 provides that the comptroller shall deposit the fees received under this section to the credit of the judicial and court personnel training fund established under §56.001.

Subsection (f) of §51.971 allows the comptroller to audit the records of a county related to costs and fees collected under this section.

And subsection (g) of §51.971 provides that money spent from costs and fees collected under this section is subject to audit by the state auditor.

Section 10 of SB 42 amends Government Code, Chapter 101, Subchapter D, by adding §101.06111 by authorizing the clerk of a district court to collect an additional filing fee of $5 under §51.971 in civil cases to fund judicial and court personnel training.

Section 11 of SB 42 amends Government Code, Chapter 101, Subchapter E, by adding §101.08111 which authorizes the clerk of a statutory county court to collect an additional filing fee of $5 under §51.971 in civil cases to fund judicial and court personnel training.

Section 12 of SB 42 amends Government Code, Chapter 101, Subchapter F, by adding §101.10111 which authorizes the clerk of a statutory probate court to collect an additional filing fee of $5 under §51.971 in civil cases to fund judicial and court personnel training.

Section 13 of SB 42 amends Government Code, Chapter 101, Subchapter G, by adding §101.12121 which authorizes the clerk of a county court to collect an additional filing fee of $5 under §51.971 in civil cases to fund judicial and court personnel training.

Section 14 of SB 42 amends Government Code, Chapter 101, Subchapter H, by adding §101.1411 which authorizes the clerk of a justice court to collect an additional filing fee of $5 under §51.971 in civil cases to fund judicial and court personnel training.

Please note that while Government Code, §51.607(c), provides generally that the imposition or change in the amount of a court cost or fee does not take effect until the next January 1 after the law takes effect, Section 29 of SB 42 expressly creates an exception. Section 29 of SB 42 provides that "Government Code, §51.607, does not apply to the imposition of a fee assessed under Government Code, §51.971(a), as added by this Act."

TRD-201702619

Lita Gonzalez

General Counsel

Comptroller of Public Accounts

Filed: July 12, 2017


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/17/17 - 07/23/17 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/17/17 - 07/23/17 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-201702599

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 11, 2017


Court of Criminal Appeals

In the Court of Criminal Appeals of Texas

Misc. Docket No. 17-008

FINAL ORDER ADOPTING AMENDMENTS TO TEXAS RULE OF APPELLATE PROCEDURE 33.1

ORDERED that:

By order dated February 15, 2017, in Misc. Docket No. 17-003, the Court of Criminal Appeals adopted amendments to Rule of Appellate Procedure 33.1, effective July 1, 2017. The comment period having expired, no revisions to the rules have been made. This is the final order adopting the rules as amended.

The Clerk is directed to:

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

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

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

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

Dated: June 26, 2017.

___________________________

Sharon Keller, Presiding Judge

______________________________

Kevin P. Yeary, Judge

___________________________

Michael Keasler, Judge

______________________________

David Newell, Judge

___________________________

Barbara Hervey, Judge

______________________________

Mary Lou Keel, Judge

___________________________

Elsa Alcala, Judge

_____________________________

Scott Walker, Judge

____________________________

Bert Richardson, Judge

33.1. Preservation; How Shown

(a) In General. As a prerequisite to presenting a complaint for appellate review, the record must show that:

(1) the complaint was made to the trial court by a timely request, objection, or motion

that:

(A) stated the grounds for the ruling that the complaining party sought from

the trial court with sufficient specificity to make the trial court aware of the complaint, unless the specific grounds were apparent from the context; and

(B) complied with the requirements of the Texas Rules of Evidence or the Texas Rules of Civil or Appellate Procedure; and . . .

(d) Sufficiency of Evidence Complaints in Civil Nonjury Cases. In a civil nonjury case, a complaint regarding the legal or factual insufficiency of the evidence - including a complaint that the damages found by the court are excessive or inadequate, as distinguished from a complaint that the trial court erred in refusing to amend a fact finding or to make an additional finding of fact - may be made for the first time on appeal in the complaining party's brief.

Comment to 2017 change: The 2017 amendment is intended only to clarify, and not to change, existing law.

TRD-201702548

Deana Williamson

Clerk

Court of Criminal Appeals

Filed: July 6, 2017


Texas Emergency Services Retirement System

Correction of Error

The Texas Emergency Services Retirement System published a proposed amendment to 34 TAC §310.6 in the June 30, 2017, issue of the Texas Register (42 TexReg 3351). The text of subsection (e) was submitted incorrectly by the agency.

The text of subsection (e) was submitted as follows:

(e) Contributions are payable during a period of temporary disability or when leave is taken under the Family and Medical Leave Act of 1993 (29 U.S.C. §2601 et seq.). Contributions are not payable during a period of temporary disability.

The words "during a period of temporary disability or" should be omitted, and subsection (e) should read as follows:

(e) Contributions are payable when leave is taken under the Family and Medical Leave Act of 1993 (29 U.S.C. §2601 et seq.). Contributions are not payable during a period of temporary disability.

TRD-201702540

Kevin Deiters

Executive Director

Texas Emergency Services Retirement System

Filed: July 5, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 21, 2017. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 21, 2017. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: 4-D Water Company, LLC; DOCKET NUMBER: 2017-0252-PWS-E; IDENTIFIER: RN102320660; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), (h), and (i)(1), and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required ten sample sites for the January 1, 2016 - June 30, 2016, monitoring period, have the samples analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2016 - June 30, 2016, monitoring period; 30 TAC §290.117(c)(2)(B), (h), and (i)(1), and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites for the January 1, 2013 - December 31, 2013, January 1, 2014 - December 31, 2014, and January 1, 2015 - December 31, 2015, monitoring periods, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the 2015 monitoring period; 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report to the ED each quarter by the tenth day of the month following the end of the quarter for the third quarter of 2016; 30 TAC §290.117(c)(2)(D), (h), and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites for the January 1, 2003 - December 31, 2011, monitoring period, have the samples analyzed, and report the results to the ED; and 30 TAC §291.76 and TWC, §5.702, by failing to pay regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 11767 for calendar years 2015, and 2016; PENALTY: $1,802; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: A and A STAR INCORPORATED dba V and D Food Store; DOCKET NUMBER: 2017-0370-PST-E; IDENTIFIER: RN102022266; LOCATION: Texas City, Galveston County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(3)(A) and TWC, §26.3475(c)(2), by failing to have all spill and overfill prevention equipment installed in accordance with the manufacturer's instructions and a code or standard of practice developed by a nationally recognized association or independent testing laboratory; 30 TAC §334.42(i) and TWC, §26.3475(c)(2), by failing to inspect all sumps, including dispenser sumps, manways, overspill containers or catchment basins associated with a underground storage tank (UST) system at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight and free of any liquid or debris; 30 TAC §115.241(b)(3) and Texas Health and Safety Code, §382.085(b), by failing to perform and complete all decomissioning activities, as applicable for the particular Stage II vapor recovery system equipment installed at the station; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month; PENALTY: $6,081; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: AADIT PETROTECH LLC dba Alligator Express; DOCKET NUMBER: 2017-0589-PST-E; IDENTIFIER: RN106500036; LOCATION: Anahuac, Chambers County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.74, by failing to investigate a suspected release of regulated substance within 30 days of discovery; 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.10(b)(1)(B) and §334.50(e)(1), by failing to maintain underground storage tank records and make them immediately available for inspection upon request by agency personnel; PENALTY: $6,813; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: City of Ector; DOCKET NUMBER: 2017-0151-MWD-E; IDENTIFIER: RN101920718; LOCATION: Ector, Fannin County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010552001, Effluent Limitations and Monitoring Requirements Numbers 1 and 3, by failing to comply with permitted effluent limitations; PENALTY: $13,562; Supplemental Environmental Project offset amount of $10,850; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: City of Edcouch; DOCKET NUMBER: 2017-0598-PWS-E; IDENTIFIER: RN101386670; LOCATION: Edcouch, Hidalgo County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required 20 sample sites for the January 1, 2016 - June 30, 2016, and July 1, 2016 - December 31, 2016, monitoring periods, have the samples analyzed, and report the results to the executive director (ED); and 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites for the January 1, 2013 - December 21, 2015, monitoring period, have the samples analyzed, and report the results to the ED; PENALTY: $504; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(6) COMPANY: City of Edcouch; DOCKET NUMBER: 2017-0180-WQ-E; IDENTIFIER: RN105864805; LOCATION: Edcouch, Hidalgo County; TYPE OF FACILITY: small municipal separate storm sewer system (MS4); RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(a)(9)(i)(A), by failing to maintain authorization to discharge stormwater under a Texas Pollutant Discharge Elimination System General Permit for small MS4; PENALTY: $13,750; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE: 1804 West Jefferson Avenue Harlingen, Texas 78550-5247, (956) 425-6010.

(7) COMPANY: City of Gatesville; DOCKET NUMBER: 2017-0559-MWD-E; IDENTIFIER: RN101516235; LOCATION: Gatesville, Bell County; TYPE OF FACILITY: water treatment facility; RULES VIOLATED: TWC, §26.121(a)(1) and 30 TAC §305.65 and §305.125(2), by failing to maintain authorization to discharge wastewater into or adjacent to any water in the state; PENALTY: $2,550; ENFORCEMENT COORDINATOR: Ariel Ramirez, (512) 239-4935; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: City of Naples; DOCKET NUMBER: 2017-0503-PWS-E; IDENTIFIER: RN101263341; LOCATION: Naples, Morris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(B), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1, 2016 - December 31, 2016, monitoring period; 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2013 - December 31, 2015, monitoring period; and 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed for the January 1, 2016 - December 31, 2016, monitoring period; PENALTY: $385; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(9) COMPANY: City of Redwater; DOCKET NUMBER: 2016-1686-MWD-E; IDENTIFIER: RN102179371; LOCATION: Redwater, Bowie County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010926001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 3, by failing to comply with permitted effluent limitations; 30 TAC §§305.125(1) and (17), 319.1, and 319.7(d), and TPDES Permit Number WQ0010926001, Monitoring and Reporting Requirements Number 1, by failing to timely submit discharge monitoring reports at the intervals specified in the permit; and 30 TAC §305.125(1) and (17) and TPDES Permit Number WQ0010926001, Sludge Provisions, by failing to timely submit the annual sludge report at the intervals specified in the permit; PENALTY: $5,822; Supplemental Environmental Project offset amount of $4,658; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 2916 Teague Drive Tyler, Texas 75701-3734, (903) 535-5100.

(10) COMPANY: City of Skellytown; DOCKET NUMBER: 2017-0518-MWD-E; IDENTIFIER: RN102796968; LOCATION: Skellytown, Carson County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, §26.121(a)(1) and 30 TAC §305.42(a) and §305.125(2), by failing to maintain authorization to discharge wastewater into or adjacent to any water in the state; PENALTY: $28,500; ENFORCEMENT COORDINATOR: Claudia Corrales, (432) 620-6138; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(11) COMPANY: City of Stanton; DOCKET NUMBER: 2017-0653-PWS-E; IDENTIFIER: RN101392082; LOCATION: Stanton, Martin County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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 0.080 milligrams per liter for total trihalomethanes (TTHM), based on the locational running annual average, and failing to timely provide public notification and submit a copy of the public notification to the executive director regarding the failure to comply with the MCL for TTHM; PENALTY: $435; ENFORCEMENT COORDINATOR: Claudia Corrales, (432)620-6138; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(12) COMPANY: City of Wellman; DOCKET NUMBER: 2017-0177-MWD-E; IDENTIFIER: RN102074879; LOCATION: Wellman, Terry County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and (5), and TCEQ Permit Number WQ0013642001, Operational Requirements Number 4, by failing to install adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures by means of alternate power sources, standby generators, and/or retention; and 30 TAC §305.125(1) and §319.7(c), and TCEQ Permit Number WQ0013642001, Monitoring Requirements Number 3.b., by failing to maintain calibration records for analytical equipment; PENALTY: $5,250; Supplemental Environmental Project offset amount of $4,200; ENFORCEMENT COORDINATOR: Larry Butler, (512) 239-2543; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(13) COMPANY: FIRESTONE POLYMERS, LLC; DOCKET NUMBER: 2016-0502-PWS-E; IDENTIFIER: RN100224468; LOCATION: Orange, Orange County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(e)(2), (h), and (i)(3) and §290.122(c)(2)(A) and (f), and 40 Code of Federal Regulations (CFR) §141.87 and §141.90(a), by failing to conduct water quality parameter sampling at each of the facility's entry points, and the required distribution sample sites for two consecutive six-month periods following the January 1, 2011 - December 31, 2013, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct all of the required water quality parameter sampling during the January 1, 2014 - June 30, 2014, and July 1, 2014 - December 31, 2014, monitoring periods; 30 TAC §290.117(g)(2)(A) and §290.122(b)(2)(B) and (f), and 40 CFR §141.83 and §141.90(d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2011 - December 31, 2013, monitoring period during which the lead action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for source water treatment; 30 TAC §290.117(i)(5) and (k) and §290.122(b)(2)(B) and (f), and 40 CFR §141.85(a) and (b) and §141.90(f)(1), by failing to deliver the public education materials following the lead action level exceedances that occurred during the July 1, 2014 - December 31, 2014, and the January 1, 2015 - June 30, 2015, monitoring periods, and failing to provide the ED with copies of the public education materials and certification that distribution of said materials is being conducted in a manner consistent with TCEQ requirements; 30 TAC §290.117(d)(2)(A), (h), and (i)(2) and §290.122(c)(2)(A) and (f), and 40 CFR §141.88 and §141.90(b), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2011 - December 31, 2013, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2011 - December 31, 2013, monitoring period; and 30 TAC §290.122(b)(2)(B) and (f), by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2011 - December 31, 2013, monitoring period in which the system exceeded the lead action level and the failure to deliver the public education materials following the lead action level exceedance during the January 1, 2014 - June 30, 2014, monitoring period; PENALTY: $1,148; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: GAFFORD'S CHAPEL WATER SUPPLY CORPORATION; DOCKET NUMBER: 2017-0115-PWS-E; IDENTIFIER: RN101440733; LOCATION: Sulphur Springs, Hopkins County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the facility and its equipment; 30 TAC §290.46(j), by failing to complete a customer service inspection certificate prior to providing continuous water service to new construction or any existing service when the water purveyor has reason to believe that cross-connections or other potential contamination hazards exist; and 30 TAC §290.45(b)(1)(D)(i) and Texas Health and Safety Code, §341.0315(c), by failing to provide two or more wells having a total capacity of 0.6 gallons per minute per connection; PENALTY: $450; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(15) COMPANY: GURUDWARA SAHIB OF HOUSTON INCORPORATED; DOCKET NUMBER: 2016-1008-PWS-E; IDENTIFIER: RN105978381; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), (h), and (i)(1), and TCEQ Agreed Order Docket Number 2014-0888-PWS-E, Ordering Provision Numbers 2.a.iii and 2.c.ii, by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the executive director (ED); 30 TAC §290.122(c)(2)(A) and (f), and TCEQ Agreed Order Docket Number 2014-0888-PWS-E, Ordering Provision Number 2.a.i, by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; 30 TAC §290.122(c)(2)(A) and (f), and TCEQ Agreed Order Docket Number 2014-0888-PWS-E, Ordering Provision Number 2.a.i, by failing to issue public notification and submit a copy of the notification to the ED regarding the failure to conduct routine coliform; 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report (DLQOR); and 30 TAC §290.110(e)(4)(A) and (f)(3), and TCEQ Agreed Order Docket Number 2014-0888-PWS-E, Ordering Provision Numbers 2.a.ii and 2.c.i, by failing to submit a DLQOR to the ED each quarter by the tenth day of the month following the end of the quarter; PENALTY: $3,060; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: ICON Builders LLC; DOCKET NUMBER: 2017-0660-WQ-E; IDENTIFIER: RN109684613; LOCATION: China, Jefferson County; TYPE OF FACILITY: stormwater pollution paerntion plan; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a Construction General Permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Cheryl Thompson, 817-588-5886; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(17) COMPANY: Intercontinental Terminals Company LLC; DOCKET NUMBER: 2017-0542-AIR-E; IDENTIFIER: RN100210806; LOCATION: La Porte, Harris County; TYPE OF FACILITY: petrochemical storage terminal; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Federal Operating Permit (FOP) Number O1061, Special Terms and Conditions (STC) Number 14, New Source Review Permit Number 1078, Special Conditions Number 5, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and §122.143(4), FOP Number O1061, STC Number 2.F, and THSC, §382.085(b), by failing to submit an initial notification within 24 hours of discovery of an emissions event; PENALTY: $3,983; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: Juana Roman; DOCKET NUMBER: 2016-2130-WQ-E; IDENTIFIER: RN104516539; LOCATION: Lubbock, Lynn County; TYPE OF FACILITY: home; RULE VIOLATED: TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of sewage into or adjacent to any water of the state; PENALTY: $2,813; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(19) COMPANY: Kenedy County; DOCKET NUMBER: 2017-0328-PWS-E; IDENTIFIER: RN101271542; LOCATION: Kenedy County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.108(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 30 micrograms per liter for combined uranium for the second and third quarters of 2016, based on the running annual average, and failing to provide public notification and submit a copy of the public notification to the executive director regarding the failure to comply with the MCL for combined uranium for the second quarter of 2016; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct repeat coliform monitoring during the month of June 2015; and 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year, and failing to submit to the TCEQ by July 1st each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility, and that the information in the CCR is correct and consistent with compliance monitoring data for the year 2015; PENALTY: $405; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(20) COMPANY: Matthew Thompson; DOCKET NUMBER: 2017-0808-WOC-E; IDENTIFIER: RN109735720; LOCATION: Port Lavaca, Calhoun County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(21) COMPANY: Maverick County; DOCKET NUMBER: 2017-0408-PWS-E; IDENTIFIER: RN101253565; LOCATION: Eagle Pass, Maverick County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.111(e)(1)(B) and §290.122(b)(2)(A) and (f), and Texas Health and Safety Code (THSC), §341.0315(c), by failing to achieve a turbidity level of the combined filter effluent (CFE) that is 0.3 nephelometric turbidity units (NTU) or less in at least 95% of the samples tested each month, and failing to timely provide public notification and submit a copy of the public notification to the executive director regarding the non-acute surface water treatment technique violation; 30 TAC §290.111(e)(1)(A) and THSC, §341.0315(c), by failing to achieve a turbidity level of the CFE that is 1.0 NTU or less; and 30 TAC §290.111(i)(3)(A) and THSC, §341.031(a), by failing to achieve a turbidity level of the CFE that is less than 5.0 NTU; PENALTY: $1,394; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(22) COMPANY: MINSA CORPORATION; DOCKET NUMBER: 2016-0625-PWS-E; IDENTIFIER: RN102597200; LOCATION: Muleshoe, Bailey County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(f)(3)(A) and §290.122(b)(2)(B) and (f), and 40 Code of Federal Regulations (CFR) §§141.81(e)(1), 141.82(a), and 141.90(c)(2), by failing to submit a recommendation to the executive director (ED) for optimal corrosion control treatment within six months after the end of the January 1, 2014 - December 31, 2014, monitoring period during which the lead action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment; 30 TAC §290.117(e)(2), (h), and (i)(3) and §290.122(c)(2)(A) and (f), and 40 CFR §141.87 and §141.90(a), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample sites for two consecutive six-month periods following the January 1, 2014 - December 31, 2014, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct all of the required water quality parameter sampling during the January 1, 2015 - June 30, 2015, monitoring period; 30 TAC §290.117(d)(2)(A), (h), and (i)(2) and §290.122(c)(2)(A) and (f), and 40 CFR §141.88 and §141.90(b), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2014 - December 31, 2014, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2014 - December 31, 2014, monitoring period; 30 TAC §290.117(g)(2)(A), §290.122(b)(2)(B) and (f), and 40 CFR §141.83 and §141.90(d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2014 - December 31, 2014, monitoring period during which the lead action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for source water treatment; and 30 TAC §290.122(b)(2)(B) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to deliver the public education materials following the lead action level exceedance that occurred during the January 1, 2014 - December 31, 2014, monitoring period; PENALTY: $1,320; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421, (806) 796-7092.

(23) COMPANY: MOTIVATION, EDUCATION AND TRAINING, INCORPORATED; DOCKET NUMBER: 2016-0465-PWS-E; IDENTIFIER: RN102698107; LOCATION: Grangerland, Montgomery County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(4)(B), by failing to collect a raw groundwater source Escherichia coli sample from the facility's one active source within 24 hours of notification of a distribution total coliform-positive result on a routine sample during the month of September 2011; 30 TAC §290.117(f)(3)(A) and §290.122(b)(2)(B) and (f), and 40 Code of Federal Regulations (CFR) §§141.81(e)(1), 141.82(a), and 141.90(c)(2), by failing to submit a recommendation to the executive director (ED) for optimal corrosion control treatment within six months after the end of the January 1, 2012 - December 31, 2014, monitoring period during which the copper action level was exceeded, failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment; 30 TAC §290.117(g)(2)(A) and §290.122(b)(2)(B) and (f), and 40 CFR §141.83 and §141.90(d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2012 - December 31, 2014, monitoring period during which the copper action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for source water treatment; 30 TAC §290.117(d)(2)(A), (h), and (i)(2) and §290.122(c)(2)(A) and (f), and 40 CFR §141.88 and §141.90(b), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2012 - December 31, 2014, monitoring period during which the copper action level was exceeded, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2012 - December 31, 2014, monitoring period; 30 TAC §290.117(e)(2), (h), and (i)(3) and §290.122(c)(2)(A) and (f), and 40 CFR §141.87 and §141.90(a), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample sites for two consecutive six-month periods following the January 1, 2012 - December 31, 2014, monitoring period during which the copper action level was exceeded, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct all of the required water quality parameter sampling during the January 1, 2015 - June 30, 2015, monitoring period; and 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay Public Health Service fees and associated late fees for TCEQ Financial Administration Account Number 91700579 for Fiscal Year 2016; PENALTY: $714; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: OCI Beaumont LLC; DOCKET NUMBER: 2016-0031-AIR-E; IDENTIFIER: RN102559291; LOCATION: Nederland, Jefferson County; TYPE OF FACILITY: methanol and ammonia manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(c), and 122.143(4), Texas Health and Safety Code, §382.085(b), Federal Operating Permit Number O1645, Special Terms and Conditions Number 16, and New Source Review Permit Numbers 901, and PSDTX1334, Special Conditions Number 8.A., by failing to comply with the carbon monoxide concentration limit of 100 parts per million by volume, dry at three 3% oxygen over a 24-hour rolling average; PENALTY: $9,525; Supplemental Environmental Project offset amount of $3,810; ENFORCEMENT COORDINATOR: Jessica Schildwachter, (512) 239-2617; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(25) COMPANY: PANJTAN, INCORPORATED dba Pardners General Store; DOCKET NUMBER: 2017-0552-PST-E; IDENTIFIER: RN101548055; LOCATION: Terrell, Kaufman County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: Raymond W. Blair, Jr. dba Last Resort Properties; DOCKET NUMBER: 2017-0108-PWS-E; IDENTIFIER: RN102689452; LOCATION: Lakewood Village, Denton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(e)(4)(A), by failing to operate the water system under the direct supervision of a water works operator who holds a Class D or higher license; 30 TAC §290.46(t), by failing to post a legible sign at the facility's production, treatment and storage facilities that contains the name of the facility and an emergency phone number where a responsible official can be contacted; 30 TAC §290.46(f)(2) and (3)(A)(i)(III), by failing to properly maintain water works operation and maintenance records and make them available for review to the executive director (ED) during the investigation; 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 facility will use to comply with the monitoring requirements; 30 TAC §290.46(n)(2), by failing to provide an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; 30 TAC §290.110(d)(1), by failing to measure the free chlorine residual to a minimum accuracy of plus or minus 0.1 milligrams per liter using methods approved by the ED; 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals or more often as needed if water quality complaints are received from water customers or if disinfectant residuals fall below acceptable levels; and 30 TAC §290.39(l)(4) and (5), by failing to meet the conditions for an issued exception; PENALTY: $1,380; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201702596

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 11, 2017


Enforcement Orders

An agreed order was adopted regarding City of Santa Rosa, Docket No. 2013-1987-MWD-E on July 7, 2017,, assessing $61,070 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Elizabeth Carroll Harkrider, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Kevin Copeland dba Kevin Copeland Sand & Gravel, Docket No. 2014-1031-WQ-E on July 7, 2017, assessing $10,813 in administrative penalties with $2,162 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Pilot Travel Centers LLC, Docket No. 2015-0402-IWD-E on July 7, 2017, assessing $8,100 in administrative penalties with $1,620 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Joe's & Cho, Inc. dba Joes Future Food Mart, Docket No. 2015-1221-PST-E on July 7, 2017, assessing $70,129 in administrative penalties with $59,500 deferred. Information concerning any aspect of this order may be obtained by contacting Jake Marx, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Dario V. Guerra, III dba Derby Ing, Docket No. 2015-1280-PWS-E on July 7, 2017, assessing $4,392 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Meaghan Bailey, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Invista S.a.r.l., Docket No. 2015-1398-WDW-E on July 7, 2017, assessing $80,837 in administrative penalties with $16,167 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Young Men's Christian Association of the Greater Houston Area, Docket No. 2015-1493-MWD-E on July 7, 2017, assessing $13,740 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Ski Ride Inc dba A & W Grocery & Deli, Docket No. 2016-0630-PST-E on July 7, 2017, assessing $6,276 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Paradise, Docket No. 2016-0713-PWS-E on July 7, 2017, assessing $345 in administrative penalties with $345 deferred. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Mike's Little Supermarket and Deli, LLC dba Luke's Little Supermarket & Deli 2, Docket No. 2016-0749-PST-E on July 7, 2017, assessing $14,022 in administrative penalties with $2,804 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Aqua Utilities, Inc., Docket No. 2016-0862-PWS-E on July 7, 2017, assessing $345 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Harold Joseph Adams, Jr, LLC, Docket No. 2016-0946-WQ-E on July 7, 2017, assessing $13,375 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Royal Kirkwood Investments, Inc., Docket No. 2016-1107-PST-E on July 7, 2017, assessing $14,358 in administrative penalties with $2,871 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Herlis Corporation, Docket No. 2016-1212-PST-E on July 7, 2017, assessing $12,325 in administrative penalties with $11,125 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Stump, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Basin Subaru, LLC, Docket No. 2016-1253-AIR-E on July 7, 2017, assessing $750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Stolthaven Houston, Inc., Docket No. 2016-1332-IWD-E on July 7, 2017, assessing $80,375 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Boyle, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Trinity So Gp, L.L.C., Docket No. 2016-1492-MWD-E on July 7, 2017, assessing $24,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Eco Services Operations Corp., Docket No. 2016-1502-IHW-E on July 7, 2017, assessing $90,938 in administrative penalties with $18,187 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Equistar Chemicals, LP, Docket No. 2016-1546-AIR-E on July 7, 2017, assessing $12,415 in administrative penalties with $2,483 deferred. Information concerning any aspect of this order may be obtained by contacting Shelby Orme, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding The Premcor Refining Group Inc., Docket No. 2016-1587-AIR-E on July 7, 2017, assessing $20,250 in administrative penalties with $4,050 deferred. Information concerning any aspect of this order may be obtained by contacting Carol Mcgrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Rio Grande City, Docket No. 2016-1614-MWD-E on July 7, 2017, assessing $9,620 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Pedro Pablo Jurado, Docket No. 2016-1636-MSW-E on July 7, 2017, assessing $33,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Mdw Enterprises, LLC dba Brookside Grocery, Docket No. 2016-1643-PST-E on July 7, 2017, assessing $9,105 in administrative penalties with $1,821 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding John Lancaster, Docket No. 2016-1725-MSW-E on July 7, 2017, assessing $1,312 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Intercontinental Terminals Company LLC, Docket No. 2016-1727-IWD-E on July 7, 2017, assessing $18,300 in administrative penalties with $3,660 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Bastrop, Docket No. 2016-1744-PWS-E on July 7, 2017, assessing $1,350 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Gardendale Mobile Home Park, LLC, Docket No. 2016-1753-PWS-E on July 7, 2017, assessing $1,036 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Sun-N-Fun Association, Docket No. 2016-1759-PWS-E on July 7, 2017, assessing $1,520 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Aquatic Co., Docket No. 2016-1764-AIR-E on July 7, 2017, assessing $18,238 in administrative penalties with $3,647 deferred. Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Tri-County Point Property Owners Association, Docket No. 2016-1843-PWS-E on July 7, 2017, assessing $507 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Exxon Mobil Corporation, Docket No. 2016-1859-AIR-E on July 7, 2017, assessing $142,979 in administrative penalties with $28,595 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Lion Elastomers LLC, Docket No. 2016-1884-AIR-E on July 7, 2017, assessing $8,000 in administrative penalties with $1,600 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Fort Worth, Docket No. 2016-1892-WQ-E on July 7, 2017, assessing $5,775 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jake Marx, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default and shutdown order was adopted regarding Michael Ung dba Mikes Food Mart, Docket No. 2016-1900-PST-E on July 7, 2017, assessing $76,582 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Blue Ridge Landfill Tx, LP, Docket No. 2016-1923-AIR-E on July 7, 2017, assessing $43,712 in administrative penalties with $8,742 deferred. Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Paddy's One-Stop, Inc., Docket No. 2016-1925-PST-E on July 7, 2017, assessing $8,250 in administrative penalties with $1,650 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Josephine, Docket No. 2016-1932-MWD-E on July 7, 2017, assessing $10,875 in administrative penalties with $2,175 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Bardwell, Docket No. 2016-1933-MWD-E on July 7, 2017, assessing $4,050 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Olden Water Supply Corporation, Docket No. 2016-1943-PWS-E on July 7, 2017, assessing $172 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Connel Oil Corp. dba Mr. C Food Store 5, Docket No. 2016-1958-PST-E on July 7, 2017, assessing $11,625 in administrative penalties with $2,325 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Eastland, Docket No. 2016-1973-PWS-E on July 7, 2017, assessing $345 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Farhaud Abbaszadeh, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Weatherford, Docket No. 2016-1997-MWD-E on July 7, 2017, assessing $11,550 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Del Grande Mobile Home Owners' Association, Inc., Docket No. 2016-2024-PWS-E on July 7, 2017, assessing $1,125 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Snook, Docket No. 2016-2026-PWS-E on July 7, 2017, assessing $750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Chinquapin Preparatory School, Docket No. 2016-2090-PWS-E on July 7, 2017, assessing $787 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Big Sandy, Docket No. 2016-2141-PWS-E on July 7, 2017, assessing $802 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Carol Mcgrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Bridge City, Docket No. 2017-0060-PWS-E on July 7, 2017, assessing $702 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding William W. Burgin dba Silver Hills MH & RV Park and Marilyn R. Burgin dba Silver Hills MH & RV Park, Docket No. 2017-0099-PWS-E on July 7, 2017, assessing $1,752 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Coleman, Docket No. 2017-0163-PWS-E on July 7, 2017, assessing $630 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Wellman, Docket No. 2015-0076-MLM-E on July 11, 2017, assessing $4,900 in administrative penalties with $4,900 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Monarch Utilities I L.P., Docket No. 2016-0124-PWS-E on July 11, 2017, assessing $345 in administrative penalties with $69 deferred. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding South Central Calhoun County Water Control and Improvement District No. 1, Docket No. 2016-0263-MWD-E on July 11, 2017, assessing $5,500 in administrative penalties with $1,100 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding OVERSTREET DAIRY LLC, Docket No. 2016-0276-AGR-E on July 11, 2017, assessing $4,150 in administrative penalties with $830 deferred. Information concerning any aspect of this order may be obtained by contacting Farhaud Abbaszadeh, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Clarksville, Docket No. 2016-0362-PWS-E on July 11, 2017, assessing $3,764 in administrative penalties with $752 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding US Department of Veterans Affairs, Docket No. 2016-0492-PWS-E on July 11, 2017, assessing $655 in administrative penalties with $131 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Christian Life Center of Lubbock, Docket No. 2016-1556-PWS-E on July 11, 2017, assessing $650 in administrative penalties with $130 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Gateway 26 Doors, LLC, Docket No. 2016-1605-EAQ-E on July 11, 2017, assessing $7,500 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Bobby Joe Gonzalez, Docket No. 2016-1641-WOC-E on July 11, 2017, assessing $2,446 in administrative penalties with $489 deferred. Information concerning any aspect of this order may be obtained by contacting Benjamin Sakmar, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding DOG RIDGE WATER SUPPLY CORPORATION, Docket No. 2016-1713-PWS-E on July 11, 2017, assessing $1,260 in administrative penalties with $252 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Donald R. Cole dba Blue Ridge Water System and Susan E. Cole dba Blue Ridge Water System, Docket No. 2016-1749-PWS-E on July 11, 2017, assessing $740 in administrative penalties with $148 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Mabank, Docket No. 2016-1805-MWD-E on July 11, 2017, assessing $5,137 in administrative penalties with $1,027 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding WADECO SPECIALTIES, LLC dba Select Technologies, Docket No. 2016-1957-IHW-E on July 11, 2017, assessing $3,097 in administrative penalties with $619 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Sidney Independent School District, Docket No. 2016-2027-PWS-E on July 11, 2017, assessing $1,125 in administrative penalties with $225 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Cypress Hills Limited, Docket No. 2016-2041-MWD-E on July 11, 2017, assessing $5,750 in administrative penalties with $1,150 deferred. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding TAN 1 ON, INC., Docket No. 2016-2113-PWS-E on July 11, 2017, assessing $557 in administrative penalties with $111 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding J-III Concrete Co., Inc., Docket No. 2016-2121-WQ-E on July 11, 2017, assessing $1,000 in administrative penalties with $200 deferred. Information concerning any aspect of this order may be obtained by contacting Melissa Castro, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding E. S. WATER UTILITY CONSOLIDATORS INC., Docket No. 2017-0010-PWS-E on July 11, 2017, assessing $187 in administrative penalties with $37 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Jake R. Williams, Docket No. 2017-0013-LII-E on July 11, 2017, assessing $312 in administrative penalties with $62 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Aegion Coating Services, LLC, Docket No. 2017-0021-PWS-E on July 11, 2017, assessing $290 in administrative penalties with $58 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding EVERETT SQUARE INC., Docket No. 2017-0029-PWS-E on July 11, 2017, assessing $114 in administrative penalties with $22 deferred. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding KISMAT, INC. dba ANV Quick Stop, Docket No. 2017-0052-PST-E on July 11, 2017, assessing $1,562 in administrative penalties with $312 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding HIGHLAND WATER SUPPLY CORPORATION, Docket No. 2017-0142-PWS-E on July 11, 2017, assessing $61 in administrative penalties with $12 deferred. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding HCA HEALTH SERVICES OF TEXAS, INC. dba Rio Grande Regional Hospital, Docket No. 2017-0161-PST-E on July 11, 2017, assessing $5,302 in administrative penalties with $1,060 deferred. Information concerning any aspect of this order may be obtained by contacting Holly Kneisley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Redi-Mix, LLC, Docket No. 2017-0175-AIR-E on July 11, 2017, assessing $1,875 in administrative penalties with $375 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Permian Resources, LLC, Docket No. 2017-0184-OSS-E on July 11, 2017, assessing $325 in administrative penalties with $65 deferred. Information concerning any aspect of this order may be obtained by contacting Austin Henck, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Jack Neely dba Heights Water, Docket No. 2017-0187-PWS-E on July 11, 2017, assessing $157 in administrative penalties with $31 deferred. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding PORT ALTO HOMEOWNERS' ASSOCIATION DISTRICT #1, INC., Docket No. 2017-0199-PWS-E on July 11, 2017, assessing $260 in administrative penalties with $52 deferred. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Paul B. Hill dba Cedar Creek Water Supply, Docket No. 2017-0253-PWS-E on July 11, 2017, assessing $950 in administrative penalties with $190 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding KADEN BUILDERS, L.P., Docket No. 2017-0267-WQ-E on July 11, 2017, assessing $3,412 in administrative penalties with $682 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Orkney Dairy, LLC, Docket No. 2017-0281-AGR-E on July 11, 2017, assessing $1,213 in administrative penalties with $242 deferred. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Steven Piper dba KING-COTTLE WATER SUPPLY CORPORATION, Docket No. 2017-0306-PWS-E on July 11, 2017, assessing $280 in administrative penalties with $56 deferred. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was adopted regarding William D. Avery, Docket No. 2017-0610-WOC-E on July 11, 2017, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was adopted regarding Gary D. Bundick, Docket No. 2017-0616-WOC-E on July 11, 2017, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was adopted regarding Robert L. Sutton, Docket No. 2017-0617-WOC-E on July 11, 2017, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was adopted regarding Rogelio B. Ibarra, Docket No. 2017-0618-WOC-E on July 11, 2017, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201702627

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 12, 2017


Combined Notice of Public Meeting and Notice of Application and Preliminary Decision for an Air Quality Permit

Proposed Permit Number: 141957

APPLICATION AND PRELIMINARY DECISION. K & K Construction, Inc., 13757 E FM 1097 Rd., Willis, Texas 77378-4345, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Proposed Air Quality Permit Number 141957, which would authorize construction of a Concrete Crusher located at 10300 Farrell Rd., Willis, Montgomery County, Texas 77378. This application was submitted to the TCEQ on August 2, 2016. The proposed facility will emit the following contaminants: carbon monoxide, nitrogen oxides, organic compounds, particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less and sulfur dioxide.

The executive director has completed the technical review of the application and prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue the permit because it meets all rules and regulations. The permit application, executive director's preliminary decision, and draft permit will be available for viewing and copying at the TCEQ central office, the TCEQ Houston regional office, and at the Montgomery County Memorial Library System -- R. F. Meador Branch, 709 West Montgomery St., Willis, Montgomery County, Texas, beginning the first day of publication of this notice. The facility's compliance file, if any exists, is available for public review at the TCEQ Houston Regional Office, 5425 Polk St., Ste. H, Houston, Texas.

PUBLIC COMMENT/PUBLIC MEETING. The TCEQ will hold a public meeting for this application. You may submit public comments on this application or request a contested case hearing to the TCEQ Office of the Chief Clerk at the address below. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. A public meeting is not a contested case hearing. The TCEQ will consider all public comments in developing a final decision on the application.

The public meeting will consist of two parts, an Informal Discussion Period and a Formal Comment Period. During the Informal Discussion Period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application. However, informal comments made during the Informal Discussion Period will not be considered by the TCEQ Commissioners before reaching a decision on the permit and no formal response will be made to the informal comments. During the Formal Comment Period, members of the public may state their formal comments into the official record. A written response to all formal comments will be prepared by the Executive Director and considered by the Commissioners before they reach a decision on the permit. A copy of the response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this application and who provides a mailing address. Only relevant and material issues raised during the formal comment period can be considered if a contested case hearing is granted.

The Public Meeting is to be held:

Tuesday, August 1, 2017, at 7:00 p.m.

Willis Community Center

109 West Mink Street

Willis, Texas 77378

You may submit additional written public comments within 30 days of the date of newspaper publication of this notice in the manner set forth in the AGENCY CONTACTS AND INFORMATION paragraph below. After the deadline for public comment, the executive director will consider the comments and prepare a response to all public comment. The response to comments, along with the executive director's decision on the application will be mailed to everyone who submitted public comments or is on a mailing list for this application.

OPPORTUNITY FOR A CONTESTED CASE HEARING. A contested case hearing is a legal proceeding similar to a civil trial in a state district court. A person who may be affected by emissions of air contaminants from the facility is entitled to request a hearing. A contested case hearing request must include the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number; (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" (4) a specific description of how you would be adversely affected by the application and air emissions from the facility in a way not common to the general public; (5) the location and distance of your property relative to the facility; (6) a description of how you use the property which may be impacted by the facility; and (7) a list of all disputed issues of fact that you submit during the comment period. If the request is made by a group or association, one or more members who have standing to request a hearing must be identified by name and physical address. The interests the group or association seeks to protect must also be identified. You may also submit your proposed adjustments to the application/permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing within 30 days following this notice to the Office of the Chief Clerk, at the address provided in the information section below.

A contested case hearing will only be granted based on disputed issues of fact or mixed questions of fact and law that are relevant and material to the Commission's decisions on the application. The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. Issues that are not submitted in public comments may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. A timely hearing request has been received by the TCEQ. However, if all timely contested case hearing requests have been withdrawn and no additional comments are received, the executive director may issue final approval of the application. The response to comments, along with the executive director's decision on the application will be mailed to everyone who submitted public comments or is on a mailing list for this application, and will be posted electronically to the Commissioners' Integrated Database (CID). If all timely hearing requests are not withdrawn, the executive director will not issue final approval of the permit and will forward the application and requests to the Commissioners for their consideration at a scheduled commission meeting.

INFORMATION AVAILABLE ONLINE. When they become available, the executive director's response to comments and the final decision on this application will be accessible through the Commission's Web site 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. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=30.39659&lng=-95.43835&zoom=13&type=r.

MAILING LIST. You may ask to be placed on a mailing list to obtain additional information on this application by sending a request to the Office of the Chief Clerk at the address below.

AGENCY CONTACTS AND INFORMATION. Public comments and requests 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. Any personal information you submit to the TCEQ will become part of the agency's record; this includes email addresses. For more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from K & K Construction, Inc. at the address stated above or by calling Ms. Barbara Bason, Office Manager at (936) 856-2335.

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

Notice Issuance Date: July 6, 2017

TRD-201702623

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 12, 2017


Notice of District Petition

Notice issued June 20, 2017

TCEQ Internal Control No. D-05012017-001; Varner Creek Utility District of Brazoria County (District) has applied to the Texas Commission on Environmental Quality (TCEQ) for approval to levy a standby fee in the amount of $5.00 per month per equivalent single-family connection for calendar years 2018, 2019, and 2020, on all undeveloped land within the District. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code, Chapter 293; and the procedural rules of the TCEQ. The TCEQ may approve the standby fee as requested, or it may approve a lower standby fee, but it shall not approve a standby fee greater than the amount requested. The standby fee is a personal obligation of the person owning the undeveloped property on January 1 of the year for which the fee is assessed. A person is not relieved of his prorated share of the standby fee obligation on transfer of title to the property. On January 1 of each year a lien is attached to the undeveloped property to secure payment of any standby fee imposed and the interest or penalty, if any, on the fee. The lien has the same priority as a lien for taxes of the District. The purpose of standby fees is to distribute a fair portion of the cost burden for operation and maintenance costs of District facilities to owners of the property who have not constructed vertical improvements but have water, wastewater, or drainage facilities or services available. Any revenues collected from the operation and maintenance standby fee shall be used to supplement the District's operation and maintenance account.

INFORMATION SECTION

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

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

Issued in Austin, Texas on July 10, 2017

TRD-201702620

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 12, 2017


Notice of Informational Meeting on Application for an Air Quality Standard Permit for Permanent Rock and Concrete Crushers by East First Recycling LLC

Proposed Air Quality Registration Number 146263

APPLICATION. East First Recycling LLC, 5956 Sherry Lane, Suite 1810, Dallas, Texas 75225-8029 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration Number 146263, which would authorize construction of a permanent concrete crusher. The facility is proposed to be located at 5317 East 1st Street, Fort Worth, Tarrant County, Texas 76103. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.77139&lng=-97.26666&zoom=13&type=r. This application was submitted to the TCEQ on April 7, 2017. The executive director has determined the application was technically complete on May 16, 2017.

The executive director shall approve or deny the application not later than 30 days after the end of the public comment period, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit.

CENTRAL/REGIONAL OFFICE. The application is available for viewing and copying at the TCEQ Central Office and the TCEQ Dallas/Fort Worth Regional Office, located at 2309 Gravel Drive, Fort Worth, Texas 76118-6951, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.

The TCEQ will conduct an informational meeting to answer questions and discuss the application. The meeting will be held:

Thursday, July 13, 2017, at 6:00 p.m.

Nolan Catholic High School

4501 Bridge Street

Fort Worth, Texas 76103

INFORMATION. For more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. General information can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

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

Issued: July 5, 2017

TRD-201702622

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 12, 2017


Notice of Request for Public Comment and Notice of a Public Meeting to Receive Comments on One Draft Total Maximum Daily Load and One Draft Implementation Plan for Indicator Bacteria in Tres Palacios Creek Tidal

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment one draft Total Maximum Daily Load (TMDL) for Indicator Bacteria and one draft TMDL Implementation Plan for Indicator Bacteria in Tres Palacios Creek Tidal in Matagorda and Wharton Counties.

The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL and draft TMDL Implementation Plan for indicator bacteria in one assessment unit in Segment 1501.

A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses. The commission requests comments on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, seasonal variation, linkage between sources and receiving waters, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances.

The TCEQ is also taking public comment on one draft TMDL Implementation Plan for indicator bacteria in Tres Palacios Creek Tidal. The Implementation Plan, developed by regional stakeholders, is a flexible tool that the governmental and non-governmental participants involved in TMDL implementation will use to guide their actions and practices. The commission requests comment on each of the major components of the Implementation Plan, including Management Measures, implementation strategy and tracking, review strategy, and communication strategy.

After the public comment period, the TCEQ may revise the draft TMDL and the draft Implementation Plan if appropriate. The final TMDL will then be considered by the commission for adoption and the Implementation Plan for approval. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments received will be made available on the TCEQ's website. The TMDL will then be submitted to the United States Environmental Protection Agency (EPA), Region 6 office for final action by the EPA. Upon approval by the EPA, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan. Upon approval by the commission, the Implementation Plan will be made available on the TCEQ's website.

The public comment meeting for the draft TMDL and draft Implementation Plan will be held on Tuesday, August 15, 2017, at 6:00 p.m. at First United Methodist Church, 209 Lucas Avenue, Palacios, Texas 77465 in the Weimer Fellowship Hall.

At this meeting, individuals have the opportunity to present oral statements when called upon in order of registration. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all public comments have been received.

Written comments on the draft TMDL and the draft TMDL Implementation Plan should be submitted to Lauren Oertel, Water Quality Planning Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. Comments may be submitted electronically to www1.tceq.texas.gov/rules/ecomments/ by midnight on August 21, 2017, and should reference the One Total Maximum Daily Load and Implementation Plan for Indicator Bacteria in Tres Palacios Creek Tidal.

For further information regarding the draft TMDL and Implementation Plan, please contact Lauren Oertel at (512) 239-3604 or Lauren.Oertel@tceq.texas.gov. Copies of the draft TMDL and draft Implementation Plan will be available and can be obtained via the commission's website at: www.tceq.texas.gov/waterquality/tmdl/tmdlnews.html or by calling (512) 239-6682.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the commission at (512) 239-6682. Requests should be made as far in advance as possible.

TRD-201702598

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 11, 2017


Notice of Request for Public Comment on One Total Maximum Daily Load for Indicator Bacteria in Jarbo Bayou

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment one draft Total Maximum Daily Load (TMDL) for Indicator Bacteria in Jarbo Bayou in Galveston County.

The purpose of this announcement is to provide the public an opportunity to comment on the draft TMDL for indicator bacteria in one assessment unit (AU) in Segment 2425B in Galveston County, and the decision to join the implementation efforts of an approved, adjacent Implementation Plan (I-Plan).

A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses. The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comments on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, seasonal variation, linkage between sources and receiving waters, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances.

The TMDL document was originally approved for proposal on January 20, 2016. After the public comment period was complete and prior to the adoption of the TMDL, a new Texas Pollutant Discharge Elimination System permit application was submitted with discharge to the Jarbo Bayou watershed. The application has since been approved and issued. This addition required a significant change in the TMDL calculation, and the document was subsequently revised. Public comments on the revised TMDL are welcome.

The Coordination Committee for this project petitioned to join the implementation efforts of the Bacteria Implementation Group (BIG), which has an approved I-Plan in a large area adjacent to Jarbo Bayou. On September 9, 2015, the BIG members voted unanimously to accept the addition of the Jarbo Bayou bacteria TMDL watershed to the area covered by the BIG I-Plan.

After the public comment period, the TCEQ may revise the draft TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. The commission will also consider approving the decision to join the existing BIG I-Plan. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments received will be made available on the TCEQ's website. The TMDL will then be submitted to the United States Environmental Protection Agency (EPA) Region 6 office for final action by the EPA. Upon approval by the EPA, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan.

Written comments on the draft TMDL and the decision to join the existing BIG I-Plan should be submitted to Lauren Oertel, Water Quality Planning Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. Comments may be submitted electronically to www.tceq.texas.gov/rules/ecomments/ by midnight on August 21, 2017, and should reference the One Total Maximum Daily Load for Indicator Bacteria in Jarbo Bayou.

For further information regarding the draft TMDL and the decision to join the existing BIG I-Plan, please contact Lauren Oertel at (512) 239-3604 or Lauren.Oertel@tceq.texas.gov. Copies of the draft TMDL will be available and can be obtained via the commission's website at: www.tceq.texas.gov/waterquality/tmdl/tmdlnews.html or by calling (512) 239-6682.

TRD-201702600

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed:July 11, 2017


Notice of Water Rights Application

Notices issued June 21, 2017, through June 30, 2017

APPLICATION NO. 13176A; Enterprise Products Operating LLC, P.O. Box 4324, Houston, Texas 77210, Applicant, seeks to amend Water Use Permit No. 13176 to add a diversion point on the Houston Ship Channel (Barbours Cut Turning Basin), San Jacinto River Basin for industrial purposes in Harris County and to increase the maximum combined diversion rate. The application and partial fees were received on May 23, 2016. Additional information and fees were received on September 15 and September 19, 2016. The application was declared administratively complete and filed with the Office of the Chief Clerk on October 14, 2016. The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include special conditions, including, but not limited to, installing a measuring device at the new diversion point. The application, technical memoranda, and Executive Director's draft amendment are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 13331; WGG Properties LLC, Applicant, 250 Circle Club Lane, Longview, Texas 75602, seeks a temporary water use permit to divert and use not to exceed 135 acre-feet of water within a period of three years from a point on Alligator Slough, Sabine River Basin for mining purposes in Harrison County. The application and partial fees were received on May 17, 2016. Additional information and fees were received on September 23, November 1, December 2, and December 9, 2016. The application was declared administratively complete and filed with the Office of the Chief Clerk on January 11, 2017. The Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to, streamflow restrictions and installing a measuring device for diversions. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by July 17, 2017.

APPLICATION NO. 13290; Hendricks-Madrona Springs Ranch, Ltd., 420 Beekman Creek Rd., Pipe Creek, Texas 78063, Applicant, seeks a temporary water use permit to divert and use not to exceed 12 acre-feet of water over a two-year period from Madrona Creek, San Antonio River Basin, at a maximum diversion rate of 0.056 cfs (25 gpm) for agricultural purposes to irrigate land in Bandera County. The application and fees were received on March 10, 2016. Additional information and fees were received on September 27, 2016. The application was declared administratively complete and filed with the Office of the Chief Clerk on October 11, 2016. The Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to, streamflow restrictions and installing a measuring device for diversions. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by July 17, 2017.

APPLICATION NO. 18-3895C; Jefferson Bank, Custodian of the Edmund McLeod Longcope IRA, 1777 NE Loop 410 STE 101, San Antonio, Texas 78217, Applicant, seeks an amendment to Certificate of Adjudication No. 18-3895 to add a diversion reach on the San Marcos River, Guadalupe River Basin, to delete a diversion point, to add mining and recreational use, to clarify the place of use, and to authorize exempt interbasin transfers. The application and fees were received on November 4, 2013, June 10, July 8, July 11, August 8, August 12, September 26, September 30, and December 9, 2014; July 23, July 24 and July 30, 2015; and April 21, and April 22, 2016. The application was declared administratively complete and accepted for filing on October 14, 2016. The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would contain special conditions including, but not limited to, maintaining a measuring device. The application, technical memoranda, and Executive Director's draft amendment are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F, Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by July 14, 2017.

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

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

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

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

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

TRD-201702621

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 12, 2017


Texas Health and Human Services Commission

Notice of Cancellation of Rate Hearing

The following rate hearing scheduled for August 2, 2017, has been cancelled.

The original notice listed below was published in the July 7, 2017, issue of the Texas Register (42 TexReg Page 3514).

Notice of Public Hearing on Proposed Medicaid Payment Rates for Anesthesia Services

The Texas Health and Human Services Commission (HHSC) published that it will conduct a public hearing on August 2, 2017, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for Anesthesia Services. The public hearing on August 2, 2017, is now cancelled.

TRD-201702605

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 11, 2017


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 8, 2017, at 1:30 p.m., to receive comment on the proposed Medicaid payment rates for the Medicaid Biennial Calendar Fee Review.

The public hearing will be held in the HHSC Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Blvd., 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 http://legacy-hhsc.hhsc.state.tx.us/news/webcasting.asp. 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 July 1, 2017, and October 1, 2017, for the following services:

Blood Products;

Ears, Nose, and Throat;

Radiation Oncology;

Nuclear Medicine;

Physician Administered - Drugs Non-Oncology;

Physician Administered - Oncology;

Substance Use Disorder Services;

Dental Services;

Ambulance Services;

Hospital Outpatient Imaging (Nuclear Medicine); and

Rural Hospital Outpatient Imaging (Nuclear Medicine).

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

§355.8021, which addresses the reimbursement methodology for home health services and durable medical equipment, prosthetics, orthotics, and supplies;

§355.8061, which addresses outpatient hospital reimbursement;

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

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

§355.8600, which addresses the reimbursement methodology for ambulance services.

Briefing Package. A briefing package describing the proposed payments rates will be available at http://legacy-hhsc.hhsc.state.tx.us/rad/rate-packets.shtml on or after July 25, 2017. Interested parties may obtain a copy of the briefing package prior to the hearing, on or after July 25, 2017, by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail 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 e-mail 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 in advance, so appropriate arrangements can be made.

TRD-201702625

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 12, 2017


Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Family Planning Services (J7301 and J7307)

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 8, 2017, at 1:30 p.m., to receive comment on the proposed Medicaid payment rates for the Medical Policy Review of Family Planning Services (J7301 and J7307).

The public hearing will be held in the HHSC Public Hearing Room, Brown-Heatly Building, located at 4900 North Lamar Blvd., 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 http://legacy-hhsc.hhsc.state.tx.us/news/webcasting.asp. 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 Medical Policy Review of Family Planning Services (J7301 and J7307) are proposed to be effective October 1, 2017.

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; 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).

§355.8581, which addresses the reimbursement methodology for Family Planning Services; and

§355.8641, which addresses the reimbursement methodology for the Women's Health Program.

Briefing Package. A briefing package describing the proposed payments rates will be available at http://legacy-hhsc.hhsc.state.tx.us/rad/rate-packets.shtml on or after July 25, 2017. Interested parties may obtain a copy of the briefing package prior to the hearing, on or after July 25, 2017, 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 in advance, so appropriate arrangements can be made.

TRD-201702615

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 11, 2017


Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Magnetoencephalography

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 8, 2017, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Magnetoencephalography.

The public hearing will be held in the HHSC Public Hearing Room, Brown-Heatly Building, located at 4900 North Lamar Blvd., 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 http://legacy-hhsc.hhsc.state.tx.us/news/webcasting.asp. 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 Medical Policy Review of Magnetoencephalography are proposed to be effective October 1, 2017.

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; and

§355.8441, which addresses the reimbursement methodology 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 payments rates will be available at http://legacy-hhsc.hhsc.state.tx.us/rad/rate-packets.shtml on or after July 25, 2017. Interested parties may obtain a copy of the briefing package prior to the hearing, on or after July 25, 2017, 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 in advance, so appropriate arrangements can be made.

TRD-201702613

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 11, 2017


Notice of Public Hearing on Proposed Medicaid Payment Rates for the Quarterly Healthcare Common Procedure Coding System Updates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 8, 2017, at 1:30 p.m., to receive comment on the proposed Medicaid payment rates for the Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates.

The public hearing will be held in the HHSC Public Hearing Room, Brown-Heatly Building, located at 4900 North Lamar Blvd., 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 http://legacy-hhsc.hhsc.state.tx.us/news/webcasting.asp. 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 Quarterly HCPCS review of procedure codes C9484, C9485, J7182, Q5102, and G0498 are proposed to be effective October 1, 2017.

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; 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 payments will be available at http://legacy-hhsc.hhsc.state.tx.us/rad/rate-packets.shtml on or after July 25, 2017. Interested parties may obtain a copy of the briefing package prior to the hearing, on or after July 25, 2017, 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 in advance, so appropriate arrangements can be made.

TRD-201702616

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 11, 2017


Notice of Public Hearing on the Proposed Medicaid Payment Rate for the Medical Policy Review of Clinical Laboratory Services (G0433 - Human Immunodeficiency Virus (HIV) Testing)

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 8, 2017, at 1:30 p.m., to receive comment on the proposed Medicaid payment rate for the Medical Policy Review of Clinical Laboratory Services (G0433 - HIV Testing).

The public hearing will be held in the HHSC Public Hearing Room, 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 will also broadcast the public hearing; the broadcast can be accessed at http://legacy-hhsc.hhsc.state.tx.us/news/webcasting.asp. 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 rate for the Medical Policy Review of Clinical Laboratory Services (G0433 - HIV Testing) is proposed to be effective July 1, 2017.

Methodology and Justification. The proposed payment rate was calculated in accordance with Title 1 of the Texas Administrative Code §355.8610, which addresses the reimbursement methodology for clinical laboratory services.

Briefing Package. A briefing package describing the proposed payment rate will be available at http://legacy-hhsc.hhsc.state.tx.us/rad/rate-packets.shtmlI on or after July 25, 2017. Interested parties may obtain a copy of the briefing package prior to the hearing, on or after July 25, 2017, by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail 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 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 e-mail 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 Boulevard, 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 in advance, so appropriate arrangements can be made.

TRD-201702612

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 11, 2017


Public Notice: State Plan Amendment to Temporary Assistance for Needy Families (TANF) Work Requirement

The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 17-0024 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

The purpose of this amendment is to correct the Medicaid State Plan to reflect the state option to terminate Medicaid coverage for certain individuals who fail to meet the work requirements under Title IV-A of the Social Security Act. Specifically, §1931(b)(3)(A) of the Act gives states the option to terminate medical assistance (except for certain pregnant women and children) for individuals who fail to meet the TANF work requirements. This option was removed from the Medicaid State Plan in error. HHSC has continued to apply this policy option.

The proposed amendment is effective August 1, 2017, and is estimated to have no fiscal impact.

Please contact Doneshia Ates, State Plan Policy Advisor, to provide feedback or obtain copies of the proposed amendment by phone at (512) 428-1963; by email at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us; by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; or by facsimile at (512) 487-3403. Copies of the proposal will also be made available for public review at the local offices of the Health and Human Services.

TRD-201702545

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 6, 2017


Texas Department of Housing and Community Affairs

Notice of Public Comment Period on the Draft 2017 National Housing Trust Fund Allocation Plan

The Texas Department of Housing and Community Affairs ("TDHCA") compiled the Draft 2017 National Housing Trust Fund ("NHTF") Allocation Plan in accordance with 24 CFR §91.320(k)(5) as a result of the State receiving notification from the U.S. Department of Housing and Urban Development ("HUD") of the 2017 annual allocation amount for NHTF. The Draft 2017 NHTF Allocation Plan reflects the intended uses of NHTF funds received by the State of Texas from HUD for Program Year 2017, which begins on February 1, 2017, and ends on January 31, 2018.

The Draft 2017 NHTF Allocation Plan also illustrate the State's strategies in addressing the priority needs and specific goals and objectives for the NHTF as identified in the 2015-2019 State of Texas Consolidated Plan and the 2017 State of Texas One Year Action Plan.

The Draft 2017 NHTF Allocation Plan may be accessed from TDHCA's Public Comment webpage at: http://www.tdhca.state.tx.us/public-comment.htm. The public comment period will be open from June 30, 2017, through July 14, 2017. Anyone may submit comments regarding specific changes to this plan in written form. Written comments concerning the plan may be submitted by mail to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, Texas 78711-3941, by email to info@tdhca.state.tx.us, or by fax to (512) 475-0070. Comments must be received no later than July 14, 2017, at 6:00 p.m. Austin local time.

TRD-201702539

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 5, 2017


"Third Amendment to 2017-1 Multifamily Direct Loan" Notice of Funding Availability

I. Sources of Multifamily Direct Loan Funds.

Multifamily Direct Loan funds are made available through program income generated from prior year HOME allocations, de-obligated funds from prior year HOME allocations, the 2015 and 2016 Grant Year HOME allocations, the 2016 National Housing Trust Fund ("NHTF") allocation, program income generated from the initial Neighborhood Stabilization Program allocation ("NSP1 PI"), and loan repayments from the Tax Credit Assistance Program ("TCAP Repayment funds" or "TCAP RF"). The Department may amend this NOFA or the Department may release a new NOFA upon receiving its 2017 HOME or 2017 NHTF allocation from HUD or additional TCAP loan repayments. These funds have been programmed for multifamily activities including acquisition and/or refinance of affordable housing involving new construction or rehabilitation.

II. Notice of Funding Availability (NOFA).

The Texas Department of Housing and Community Affairs (the "Department") announces the availability of up to $46,159,669 in Multifamily Direct Loan funding for the development of affordable multifamily rental housing for low-income Texans. Of that amount, at least $4,723,589 will be available for eligible Community Housing Development Organizations ("CHDO") meeting the requirements of the definition of Community Housing Development Organization found in 24 CFR §92.2 and the requirements of this NOFA; up to $4,000,000 in TCAP RF and $4,310,529 will be available for applications proposing Supportive Housing in accordance with 10 TAC §10.3(a) of the 2017 Uniform Multifamily Rules or applications that commit to setting aside units for extremely low income households as required by 10 TAC §13.4(a)(1)(A)(ii); the remaining funds will be available under the General Set-Aside for applications that do not meet the requirements above.

The Multifamily Direct Loan program provides loans to for-profit and nonprofit entities to develop affordable housing for low-income Texans qualified as earning 80 percent or less of the applicable Area Median Family Income.

All funds within the CHDO and General Set-Asides, as well as $4,000,000 in TCAP RF under the Supportive Housing/ Soft Repayment, are currently available on a statewide basis within each set-aside until October 31, 2017. $4,310,529 in NHTF under the Supportive Housing/ Soft Repayment Set-Aside is subject to the attached Regional Allocation Formula through August 14, 2017, and then available statewide through October 31, 2017.

III. Application Deadline and Availability.

Based on the availability of funds, Applications may be accepted until 5 p.m. Austin local time on October 31, 2017. The "2017-1 Multifamily Direct Loan" NOFA is posted on the Department's website: http://www.tdhca.state.tx.us/multifamily/nofas-rules.htm. Subscribers to the Department's LISTSERV will receive notification that the Third Amendment to the NOFA is posted.

Questions regarding the 2017-1 Multifamily Direct Loan NOFA may be addressed to Andrew Sinnott at (512) 475-0538 or andrew.sinnott@tdhca.state.tx.us.

Regional Allocation Formula (.pdf)

TRD-201702538

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 5, 2017


Texas Lottery Commission

Scratch Ticket Game Number 1855 "Cowboys"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1855 is "COWBOYS". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 1855 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1855.

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: $5.00, $10.00, $15.00, $20.00, $50.00, $100, $1,000, $5,000, $100,000, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, FOOTBALL SYMBOL and TD SYMBOL.

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

Figure 1: GAME NO. 1855 - 1.2D

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

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1855), 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: 1855-0000001-001.

H. Pack - A Pack of "COWBOYS" Scratch Ticket Game contains 075 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 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 Game Ticket, Scratch Ticket or Ticket - A Texas Lottery "COWBOYS" Scratch Ticket Game No. 1855.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "COWBOYS" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If a player reveals a "FOOTBALL" Play Symbol, the player wins the prize for that symbol instantly. If the player reveals a "TD" Play Symbol, the player WINS ALL 20 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 45 (forty-five) 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 45 (forty-five) 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 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (forty-five) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. A Ticket can win up to twenty (20) times.

D. On winning and Non-Winning Tickets, the top cash prizes of $1,000, $5,000 and $100,000 will each appear at least once, except on Tickets winning fifteen (15) times or more.

E. No matching non-winning YOUR NUMBERS Play Symbols will appear on a Ticket.

F. Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.

G. Tickets winning more than one (1) time will use as many WINNING NUMBERS Play Symbols as possible to create matches, unless restricted by other parameters, play action or prize structure.

H. No matching WINNING NUMBERS Play Symbols will appear on a Ticket.

I. The "TD" (WINALL) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

J. The "TD" (WINALL) Play Symbol will instantly win all twenty (20) prizes and will win only as per the prize structure.

K. The "TD" (WINALL) Play Symbol will never appear more than once on a Ticket.

L. The "TD" (WINALL) Play Symbol will never appear on a Non-Winning Ticket.

M. On Tickets winning with the "TD" (WINALL) Play Symbol, no YOUR NUMBERS Play Symbols will match any of the WINNING NUMBERS Play Symbols.

N. The "FOOTBALL" (WIN) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

O. The "FOOTBALL" (WIN) Play Symbol will instantly win the prize amount directly below the "FOOTBALL" (WIN) Play Symbol on a Ticket.

P. The "FOOTBALL" (WIN) Play Symbol will never appear more than once on a Ticket.

Q. The "FOOTBALL" (WIN) Play Symbol will never appear on a Non-Winning Ticket.

R. The "TD" (WINALL) Play Symbol and the "FOOTBALL" (WIN) Play Symbol will never appear on the same Ticket.

S. On Tickets winning with the "FOOTBALL" (WIN) Play Symbol, no YOUR NUMBERS Play Symbols will match any of the WINNING NUMBERS Play Symbols.

T. YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., 5 and $5, 10 and $10, 15 and $15, 20 and $20, 50 and $50).

U. On all Tickets, a Prize Symbol will not appear more than four (4) times, except as required by the prize structure to create multiple wins.

V. On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "COWBOYS" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $50.00 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 $50.00 or $100 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "COWBOYS" 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 "COWBOYS" 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.

F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 30 days of notification or the prize will be awarded to an Alternate.

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 "COWBOYS" 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 "COWBOYS" 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.

2.9 Promotional Second-Chance Drawings. Any Non-Winning "COWBOYS" Scratch Ticket may be entered into one of five promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements.

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 Prizes. There will be approximately 9,720,000 Scratch Tickets in Scratch Ticket Game No. 1855. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1855 - 4.0

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1855 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 1855, 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-201702594

Bob Biard

General Counsel

Texas Lottery Commission

Filed: July 11, 2017


Scratch Ticket Game Number 1856 "Houston Texans"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1856 is "HOUSTON TEXANS". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1856 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1856.

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, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, FOOTBALL SYMBOL, GOALPOST SYMBOL, $5.00, $10.00, $20.00, $25.00, $50.00, $100, $500, $5,000 and $100,000.

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

Figure 1: GAME NO. 1856 - 1.2D

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

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

G. Pack-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1856), 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: 1856-0000001-001.

H. Pack - A Pack of "HOUSTON TEXANS" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075.

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 "HOUSTON TEXANS" Scratch Ticket Game No. 1856.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "HOUSTON TEXANS" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If a player reveals a "FOOTBALL" Play Symbol, the player wins the prize for that symbol instantly. If a player reveals a "GOALPOST" Play Symbol, the player wins 5 TIMES the prize for that symbol! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 45 (forty-five) 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 45 (forty-five) 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 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (forty-five) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

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

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

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

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

G. A Ticket may have up to five (5) matching non-winning Prize Symbols unless restricted by other parameters, play action or prize structure.

H. The "FOOTBALL" (WIN) Play Symbol will never appear more than once on a winning Ticket.

I. The "GOALPOST" (WINX5) Play Symbol will only appear on intended winning Tickets as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

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

B. To claim a "HOUSTON TEXANS" Scratch Ticket Game prize of $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 "HOUSTON TEXANS" 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.

F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 30 days of notification or the prize will be awarded to an Alternate.

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 "HOUSTON TEXANS" 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 "HOUSTON TEXANS" 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.

2.9 Promotional Second-Chance Drawings. Any Non-Winning "HOUSTON TEXANS" Scratch Ticket may be entered into one of five promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements.

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 5,520,000 Scratch Tickets in Scratch Ticket Game No. 1856. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1856 - 4.0

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1856 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 1856, 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-201702595

Bob Biard

General Counsel

Texas Lottery Commission

Filed: July 11, 2017


North Central Texas Council of Governments

Request for Proposals for the Dallas Water Gardens

The North Central Texas Council of Governments (NCTCOG) is requesting consultant assistance for the Dallas Water Gardens project. This project will develop a preliminary design for wetlands and wetland treatments in the Old Trinity River Channel to the west and south of downtown Dallas that are compatible with City of Dallas Trinity Watershed flood management plan.

Proposals must be received no later than 5:00 p.m., on Friday, August 25, 2017, and should be addressed to Sandy Wesch, P.E., AICP; Project Engineer; North Central Texas Council of Governments; 616 Six Flags Drive; Arlington, Texas 76011. Copies of the Request for Proposals will be available at www.nctcog.org/rfp by the close of business on Friday, July 21, 2017.

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

TRD-201702624

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: July 12, 2017


Public Utility Commission of Texas

Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas (commission) received an application on July 7, 2017, to amend a state-issued certificate of franchise authority, under Public Utility Regulatory Act §§66.001-66.016.

Project Title and Number: Application of Cequel III Communications I, LLC d/b/a Suddenlink Communications for Amendment to its State-Issued Certificate of Franchise Authority, Project Number 47381.

The requested amendment is to expand the service area footprint to include the city limits of Houston, Texas.

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 47381.

TRD-201702593

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2017


Announcement of Application for State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas (commission) received an application on July 5, 2017, for a state-issued certificate of franchise authority (SICFA), under Public Utility Regulatory Act §§66.001-66.016.

Project Title and Number: Application of Harris Broadband LP for a State-Issued Certificate of Franchise Authority, Project Number 47375.

Harris Broadband LP seeks approval of a state-issued certificate of franchise authority to be a cable service provider in a service area consisting of the City of Early, and 3/4 mile north, east, and south of the city.

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 47375.

TRD-201702551

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2017


Notice of Application for Amendment to Certificated Service Area Boundary

Notice is given to the public of an application filed on July 10, 2017, with the Public Utility Commission of Texas (commission) for an amendment to a certificated service area boundary in Colorado County.

Docket Style and Number: Application of Colorado Valley Telephone Cooperative, Inc. (CVTC) to Amend a Certificate of Convenience and Necessity for a Minor Service Area Boundary Change in Colorado County. Docket Number 47390.

The Application: The minor boundary amendment is being filed to realign the boundary between CVTC's Borden exchange and a small area contiguous to its current certificated service area.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by July 28, 2017, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888)782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47390.

TRD-201702628

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 12, 2017


Notice of Application for Approval of Collection Service Agreements

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application for approval of collection service agreements.

Docket Style and Number: Application of Liberty Utilities Corp. (Woodmark Sewer), Liberty Utilities Corp. (Tall Timbers Sewer) and Southern Utilities Company for Approval of Collection Services Agreements, Docket Number 47367.

The Application: Liberty Utilities Corp. (Woodmark Sewer), Liberty Utilities Corp. (Tall Timbers Sewer) and Southern Utilities Company seek commission approval of two collection service agreements that would authorize Southern to perform service disconnections for common customers at the request of the affected Liberty utility when such customer does not pay their sewer bill to Liberty according to the approved tariff. The parties seek to ensure a current collection services agreement exists between Southern and each of the Liberty utilities, and to update and revise the terms and conditions in the agreement.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47367.

TRD-201702550

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2017


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

On June 28, 2017, GC Pivotal, LLC and GTT Americas, LLC filed a joint application with the Public Utility Commission of Texas to amend service provider certificate of operating authority No. 60880, to reflect a change in ownership and control.

Docket Style and Number: Application of GC Pivotal, LLC and GTT Americas, LLC for an Amendment to Service Provider Certificate of Operating Authority, Docket Number 47359.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than July 28, 2017. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47359.

TRD-201702536

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 5, 2017


Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of a consolidated application filed with the Public Utility Commission of Texas (commission) to amend water certificates of convenience and necessity (CCN) in Ellis County.

Docket Style and Number: Application of Sardis-Lone Elm and City of Midlothian for Approval of Service Area Agreements Under Texas Water Code §13.248 and to Amend Certificates of Convenience and Necessity in Ellis County, Docket Number 47255.

The Application: Sardis-Lone Elm Water Supply Corporation and City of Midlothian filed applications to amend Sardis-Lone Elm Water Supply Corporation's water CCNs in Ellis County. Specifically, applicants seek approval to transfer a total of four separate areas, comprising approximately 802.8 acres. Two areas held under Sardis Lone Elm water CCN No. 10058 are proposed for transfer to Midlothian and two areas held under Midlothian water CCN No. 11706 are proposed for transfer to Sardis-Lone Elm. The affected areas to be transferred include the Varas Addition, Shady Valley Estates, and Spring Creek Estates Phase II subdivisions, other undeveloped and un-platted areas, and have no current customers.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. The deadline to intervene in this proceeding is August 21, 2017. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47255.

TRD-201702549

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 6, 2017


Notice of Intent to Serve Decertified Area

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on July 5, 2017, Crystal Springs Water Company, Inc.'s notice of intent to serve decertified area.

Docket Style And Number: Crystal Springs Water Company, Inc.'s Notice of Intent to Provide Water and Sewer Service to Area Decertified from the City of Splendora in Montgomery County, Docket Number 47377.

The Application: Under Texas Water Code §13.254(e) and 16 Texas Administrative Code §24.113(o)(2), Crystal Springs Water Company, Inc. filed a notice of intent to provide water and sewer service to an area decertified from the City of Splendora's water certificate of convenience and necessity No. 11727 in Montgomery County.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47377.

TRD-201702592

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 10, 2017


Notice of Petition to Cancel Water Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas a petition to cancel a water certificate of convenience and necessity (CCN) in Travis, County.

Docket Style and Number: Petition of Plan Z, LLC to Cancel a Certificate of Convenience and Necessity in Travis County, Docket Number 47376.

The Petition: Plan Z, LLC filed a petition to cancel its water CCN No. 13080 in Travis County. Plan Z stated that it has never provided water or sewer services to any resident.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47376.

TRD-201702604

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 11, 2017


Supreme Court of Texas

In the Supreme Court of Texas

Misc. Docket No. 17-9067

FINAL ORDER ADOPTING AMENDMENTS TO TEXAS RULE OF APPELLATE PROCEDURE 33.1

ORDERED that:

The Supreme Court of Texas (Misc. Docket No. 17-9018) and the Court of Criminal Appeals (Misc. Docket No. 17-003) previously approved amendments to Rule of Appellate Procedure 33.1 and invited public comment.

The comment period has expired, and no additional changes have been made to the rule. This order contains the final version of the amended rule, effective July 1, 2017.

The Clerk is directed to:

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

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

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

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

Dated: June 30, 2017.

________________________

Nathan L. Hecht, Chief Justice

________________________

Paul W. Green, Justice

________________________

Phil Johnson, Justice

________________________

Don R. Willett, Justice

________________________

Eva M. Guzman, Justice

________________________

Debra H. Lehrmann, Justice

________________________

Jeffrey S. Boyd, Justice

________________________

John P. Devine, Justice

________________________

Jeffrey V. Brown, Justice

133.1. Preservation; How Shown

(a) In General. As a prerequisite to presenting a complaint for appellate review, the record must show that:

(1) the complaint was made to the trial court by a timely request, objection, or motion

that:

(A) stated the grounds for the ruling that the complaining party sought from

the trial court with sufficient specificity to make the trial court aware of the complaint, unless the specific grounds were apparent from the context; and

(B) complied with the requirements of the Texas Rules of Evidence or the Texas Rules of Civil or Appellate Procedure; and . . .

(d) Sufficiency of Evidence Complaints in Civil Nonjury Cases. In a civil nonjury case, a complaint regarding the legal or factual insufficiency of the evidence - including a complaint that the damages found by the court are excessive or inadequate, as distinguished from a complaint that the trial court erred in refusing to amend a fact finding or to make an additional finding of fact - may be made for the first time on appeal in the complaining party's brief.

Comment to 2017 change: The 2017 amendment is intended only to clarify, and not to change, existing law.

TRD-201702569

Martha Newton

Rules Attorney

Supreme Court of Texas

Filed: July 10, 2017


Texas Department of Transportation

Aviation Division - Request for Qualifications for Professional Services

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

Airport Sponsor: City of Huntsville, TxDOT CSJ No. 17MPHUNTS.

The TxDOT Project Manager is Robert Jackson.

Current Scope: Prepare an Airport Master Plan, in accordance with FAA Advisory Circular 150/5070-6B, which includes, but is not limited to, information regarding existing and future conditions, proposed facility development to meet existing and future demand, constraints to development, anticipated capital needs, financial considerations, management structure and options, as well as an updated Airport Layout Plan. The Airport Master Plan should be tailored to the individual needs of the airport.

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

The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE). The DBE goal is set at 0%.

AVN-551 Preparation Instructions:

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

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

The completed Form AVN-551 must be received in the TxDOT Aviation eGrants system no later than August 23, 2017, 11:59 p.m. (CDST). Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

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

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

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

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

Please contact TxDOT Aviation for any technical or procedural questions at (800) 68-PILOT (74568). For procedural questions, contact Beverly Longfellow. For technical questions contact Robert Jackson, 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-201702558

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: July 7, 2017


Aviation Division - Request for Qualifications for Professional Services

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

Airport Sponsor: City of New Braunfels, New Braunfels Regional Airport, TxDOT CSJ No. 17MPNEWBR. The TxDOT Project Manager is Ben Breck.

Scope: Prepare an Airport Master Plan Update, which includes, but is not limited to, information regarding existing and future conditions, proposed facility development to meet existing and future demand, constraints to development, anticipated capital needs, financial considerations, management structure and options, as well as an updated Airport Layout Plan. The Airport Master Plan Update should be tailored to the individual needs of the airport.

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

The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE). The DBE goal is 0%.

AVN-551 Preparation Instructions:

Interested firms shall utilize the latest version of Form AVN-551, titled "Qualifications for Aviation Planning Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html.

The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-551 template. The AVN-551 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-551. If a prime provider submits more than one AVN-551, or submits a cover letter with the AVN-551, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

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

The completed Form AVN-551 must be received in the TxDOT Aviation eGrants system no later than August 30, 2017, 11:59 PM. (CDST). Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

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

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

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

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

Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Beverly Longfellow, Grant Manager. For technical questions please contact Ben Breck, Project Manager.

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

TRD-201702611

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: July 11, 2017


Public Hearing Notice - Unified Transportation Program

The Texas Department of Transportation (department) will hold a public hearing on Tuesday, August 8, 2017, at 10:00 a.m. at 118 East Riverside Drive, First Floor ENV Conference Room, in Austin, Texas, to receive public comments on the development of the 2018 Unified Transportation Program (UTP), including the highway project selection process related to the UTP.

Transportation Code, §201.991 provides that the department shall develop a UTP covering a period of 10 years to guide the development and authorize construction of transportation projects. Transportation Code, §201.602 requires the Texas Transportation Commission (commission) to annually conduct a hearing on its highway project selection process and the relative importance of the various criteria on which the commission bases its project selection decisions. The commission has adopted rules located in Title 43, Texas Administrative Code, Chapter 16, governing the planning and development of transportation projects, which include guidance regarding public involvement related to the project selection process and the development of the UTP.

Information regarding the proposed 2018 UTP and highway project selection process will be available at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, or (512) 486-5038, and on the department's website at: http://www.txdot.gov/public_involvement/utp.htm.

Persons wishing to speak at the hearing may register in advance by notifying the Transportation Planning and Programming Division, at (512) 486-5038 not later than Monday, August 7, 2017, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Transportation Planning and Programming Division, at 118 East Riverside Drive Austin, Texas 78704-1205, (512) 486-5038. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs.

Interested parties who are unable to attend the hearing may submit comments regarding the proposed 2018 UTP to Peter Smith, Director of the Transportation Planning and Programming Division, P.O. Box 149217, Austin, Texas 78714-9217. Interested parties may also submit comments regarding the proposed 2018 UTP by phone at (800) 687-8108. In order to be considered, all comments must be received at the Transportation Planning and Programming office by 4:00 p.m. on Monday, August 21, 2017.

TRD-201702557

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: July 7, 2017