IN ADDITION

Office of the Attorney General

Texas Water Code and Texas Health & Safety Code Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and the Texas Health & Safety Code. Before the State may settle a judicial enforcement action under the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed judgment if the comments disclose facts or considerations that include that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Water Code and the Texas Health & Safety Code.

Case Title and Court: State of Texas v. Robert Garcia; Cause No. D-1-GN-17-001567, in the 419th Judicial District Court, Travis County, Texas.

Nature of the Defendant's Operations: Robert Garcia ("Defendant") rented a property near Alamo, Texas, in Hidalgo County. Defendant disposed of solid waste on the property without authorization from the Texas Commission on Environmental Quality. Waste illegally disposed and stored at the property included scrap tires, brush, pallets, and plastic. In March 2015, there was a fire at the property which burned some of the waste, including scrap tires. The fire left behind charred soil and ashes, which may contain chemicals of concern. The Defendant has removed a majority of the waste.

Proposed Agreed Judgment: The Agreed Final Judgment and Permanent Injunction awards the State of Texas civil penalties in the amount of $10,000, unpaid administrative penalties in the amount of $3,650, and attorney's fees in the amount of $2,000. The Agreed Final Judgment and Permanent Injunction also requires the Defendant to remove and dispose of any remaining waste and retain the services of a qualified environmental professional to perform testing on the burned areas of the property and determine the scope of any site remediation, if necessary.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment and Permanent Injunction should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Ekaterina DeAngelo, Assistant Attorney General, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-201702314

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: June 13, 2017


Capital Area Rural Transportation System

Eastside Bus Plaza - Request for Qualifications for Professional Services

Capital Area Rural Transportation System (CARTS) is soliciting proposals for Qualifications leading to the selection of a Comprehensive Design, Architecture, Engineer and Planning Firm to provide professional services for the Master Planning through Construction Closeout of the CARTS Eastside Bus Plaza in Austin, Texas.

Beginning at 2:00 p.m., Monday, June 19th, 2017, the RFQ will be available in digital format on our website at http://ridecarts.weebly.com/ebp-rfq-round-2---registration.html or a copy can be picked up at the CARTS Headquarters at 2010 E 6th, Austin, TX 78702-6050.

The schedule is:

Monday, June 19th, 2:00 p.m. - RFQ ready to be picked up or downloaded

Thursday, July 6th, 2:00 p.m. - Pre-Proposal meeting

Tuesday, July 18th, 2:00 p.m. - Proposals due at CARTS

Proposals will be evaluated on qualifications, management approach/experience, scope of work and the completeness and quality of submittal.

TRD-201702319

David L. Marsh

General Manager

Capital Area Rural Transportation System

Filed: June 14, 2017


Comptroller of Public Accounts

Notice of Contract Award

Notice of Award: The Texas Comptroller of Public Accounts announces this notice of award for bullion depository services to Lone Star Tangible Assets, LP, 1908 Kramer Lane, Building B, Austin, Texas 78758, under Request for Proposals No. 218h ("RFP"). The compensation for the contract is based on fees from depository account holders. The RFP was published in the July 29, 2016, issue of the Texas Register (41 TexReg 5597).

TRD-201702333

Jason C. Frizzell

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 14, 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 06/19/17 - 06/25/17 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 06/19/17 - 06/25/17 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-201702305

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 13, 2017


Court of Criminal Appeals

In the Court of Criminal Appeals of Texas

Misc. Docket No. 17-007

ORDER ADOPTING TEXAS RULE OF APPELLATE PROCEDURE 4.6

ORDERED that:

Pursuant to section 22.108 of the Texas Government Code, the Court of Criminal Appeals promulgates Rule of Appellate Procedure 4.6, effective September 1, 2017.

This rule may be changed in response to public comments received before July 21, 2017. Any interested party may submit written comments to the Court of Criminal Appeals at txccarulescomments@txcourts.gov.

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 5, 2017.

___________________________

Sharon Keller, Presiding Judge

___________________________

Michael Keasler, Judge

__________________________

Barbara Hervey, Judge

___________________________

Elsa Alcala, Judge

___________________________

Bert Richardson, Judge

___________________________

Kevin P. Yeary, Judge

___________________________

David Newell, Judge

____________________________

Mary Lou Keel, Judge

___________________________

Scott Walker, Judge

4.6. No Notice of Trial Court's Order on Motion for Forensic DNA Testing

(a) Additional Time to File Notice of Appeal. Notwithstanding Rules 26.2 and 26.3, a defendant may move for additional time to file a notice of appeal under Code of Criminal Procedure chapter 64 (Motion for Forensic DNA Testing) if the defendant neither received notice nor acquired actual knowledge that the trial judge signed an appealable order before the time for filing a notice of appeal had expired.

(b) Contents of Motion for Additional Time. The motion must be in writing and sworn, state the earliest date when the defendant first received notice or acquired actual knowledge that the appealable order had been signed, and comply with Rule 10.5(b)(2).

(c) When and Where to File.

(1) The motion must be filed within 30 days of the date upon which the defendant first received notice or acquired actual knowledge of the trial court's signing of the appealable order. But in no event may the motion be filed more than 120 days after the date the appealable order was signed.

(2) The motion must be filed in the proper court of appeals.

(d) Order of the Court. The court of appeals must grant a motion for additional time if it finds that the defendant neither received notice nor acquired actual knowledge of the trial judge's signing of an appealable order before the time for filing a notice of appeal had expired and that the defendant timely filed the motion for additional time. The time for filing the document will begin to run on the date when the court grants the motion.

TRD-201702309

Abel Acosta

Clerk

Court of Criminal Appeals

Filed: June 13, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 24, 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 July 24, 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: ANGAL 786 ENTERPRISE INCORPORATED dba Texas Totem; DOCKET NUMBER: 2017-0332-PST-E; IDENTIFIER: RN101667236; LOCATION: Caldwell, Burleson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank system; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Steven Stump, (512) 239-1343; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: CIRCLE K STORES INCORPORATED; DOCKET NUMBER: 2016-1915-PST-E; IDENTIFIER: RN106021173; LOCATION: Cedar Park, Williamson 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: $5,625; ENFORCEMENT COORDINATOR: Had Darling, (512) 239-2520; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(3) COMPANY: City of Canadian; DOCKET NUMBER: 2016-1904-MWD-E; IDENTIFIER: RN101613313; LOCATION: Canadian, Hemphill 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 (TPDES) Permit Number WQ0014259001, Interim Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; and 30 TAC §305.125(1) and §319.5(b) and TPDES Permit Number WQ0014259001, Monitoring and Reporting Requirements Numbers 1 and 3, by failing to analyze effluent samples at the intervals specified in the permit; PENALTY: $30,875; Supplemental Environmental Project offset amount of $24,700; ENFORCEMENT COORDINATOR: Claudia Corrales, (432) 620-6138; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(4) COMPANY: City of Lubbock; DOCKET NUMBER: 2017-0015-IWD-E; IDENTIFIER: RN102545142; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: steam electric generating station; RULES VIOLATED: TWC, §26.121(a)(1) and 30 TAC §§305.42(a), 305.65, and 305.125(2), by failing to maintain authorization for the discharge of wastewater into or adjacent to any water in the state; PENALTY: $42,500; Supplemental Environmental Project offset amount of $34,000; ENFORCEMENT COORDINATOR: Larry Butler, (512) 239-2543; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(5) COMPANY: City of Palmer; DOCKET NUMBER: 2017-0475-PWS-E; IDENTIFIER: RN101191245; LOCATION: Palmer, Ellis County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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 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, 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 - December 31, 2016, monitoring period; and 30 TAC §290.117(c)(2)(C), (h), and (i)(1), and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required 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 failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2013 - December 31, 2015, monitoring period; PENALTY: $321; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: City of Penelope; DOCKET NUMBER: 2017-0140-MWD-E; IDENTIFIER: RN101523066; LOCATION: Penelope, Hill County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013621001, Monitoring and Reporting Requirements Number 7(c), by failing to provide notification of any effluent violation which deviates from the permitted effluent limitation by more than 40%; 30 TAC §305.125(1) and (5) and TPDES Permit Number WQ0013621001, Operational Requirements Number 1, by failing to ensure that the facility and all its systems of collection, treatment, and disposal are properly operated and maintained; and 30 TAC §317.3(e)(5) and TPDES Permit Number WQ0013621001, Operational Requirements Number 1, by failing to provide an operable alarm system for all lift stations; PENALTY: $5,400; Supplemental Environmental Project offset amount of $4,320; ENFORCEMENT COORDINATOR: Melissa Castro, (512) 239-0855; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: City of Runaway Bay; DOCKET NUMBER: 2017-0195-PWS-E; IDENTIFIER: RN101391431; LOCATION: Runaway Bay, Wise County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes, based on the locational running annual average; and 30 TAC §290.115(f)(1) and THSC, §341.0315(c), by failing to comply with the MCL for haloacetic acids, based on the locational running annual average; PENALTY: $405; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: D.N.D. CORPORATION dba Quick Stop Food Mart; DOCKET NUMBER: 2016-2033-PST-E; IDENTIFIER: RN101997948; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Had Darling, (512) 239-2520; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: FALCON RURAL WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-2060-MLM-E; IDENTIFIER: RN101181964; LOCATION: Salineño, Starr County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §288.20(c), by failing to review and update, as appropriate, the drought contingency plan at least every five years; 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage, and pressure maintenance facilities, distribution system lines and related appurtenances in a watertight condition; 30 TAC §290.44(h)(4), by failing to have the backflow prevention assemblies tested and certified at least annually by a recognized backflow prevention assembly tester; 30 TAC §290.45(b)(2)(H) and Texas Health and Safety Code, §341.0315(c), by failing to provide emergency power that will deliver water at a rate of 0.35 gallons per minute per connection in the event of the loss of normal power supply for systems that do not meet the elevated storage requirement and serve 250 or more service connections; 30 TAC §290.46(z), by failing to create a nitrification action plan for a system distributing chloraminated water; 30 TAC §290.110(c)(5), by failing to conduct chloramine effectiveness sampling to ensure that monochloramine is the prevailing chloramine species and that nitrification is controlled; 30 TAC §290.46(s)(2)(B)(iii), by failing to calibrate the on-line turbidimeters with primary standards at least once every 90 days; 30 TAC §290.46(f)(2) and (3)(A)(iii), by failing to maintain water works operation and maintenance records and make them available for review to commission personnel during the investigation; 30 TAC §290.42(m) and §290.43(e), by failing to install all potable water storage tanks and pressure maintenance facilities in a lockable building or enclosed by an intruder-resistant fence with lockable gates; 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 telephone number where a responsible official can be contacted; 30 TAC §290.46(m)(1)(A), by failing to conduct annual inspections of the facility's two ground storage tanks and two elevated storage tanks; 30 TAC §290.46(m)(1)(B), by failing to conduct the annual inspection of the facility's one pressure tank; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; and 30 TAC §288.20(c), by failing to review and update as appropriate, the drought contingency plan at least every five years; PENALTY: $4,754; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(10) COMPANY: KASHI, INCORPORATED dba Garrison Food Mart; DOCKET NUMBER: 2017-0114-PST-E; IDENTIFIER: RN102224516; LOCATION: Garrison, Nacodoches County; TYPE OF FACILITY: a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month; 30 TAC §334.45(c)(3)(A), by failing to ensure that the emergency shutoff valves are securely anchored at the base of all dispensers; and 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information regarding the USTs within 30 days from the date of the occurrence of the change or addition; PENALTY: $5,001; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(11) COMPANY: Kuhlken Farms, Limited; DOCKET NUMBER: 2017-0068-MLM-E; IDENTIFIER: RN108502709; LOCATION: Stonewall, Gillespie County; TYPE OF FACILITY: winery; RULES VIOLATED: 30 TAC §290.39(e)(1) and (h)(1) and Texas Health and Safety Code, §341.035(a), by failing to submit plans and specifications to the executive director for review and approval prior to the construction of a new public water supply; 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply to ensure that continuous and effective disinfection can be secured under all conditions for the purpose of microbiological control throughout the distribution system; and TWC, §26.121(a)(1), by failing to prevent an unauthorized discharge of process wastewater into or adjacent to water in the state; PENALTY: $1,413; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(12) COMPANY: Laguna Madre Water District; DOCKET NUMBER: 2017-0266-MWD-E; IDENTIFIER: RN101607588; LOCATION: Port Isabel, Cameron 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 WQ0010757001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $9,150; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(13) COMPANY: Lazarus Refining and Marketing, LLC; DOCKET NUMBER: 2017-0018-IHW-E; IDENTIFIER: RN105094031; LOCATION: Nixon, Wilson County; TYPE OF FACILITY: refinery; RULES VIOLATED: 30 TAC §335.2(a) and §335.43(a), by failing to cause, suffer, allow, or permit the storage, processing, or disposal of industrial solid waste without authorization; 30 TAC §335.9(a)(1)(A), by failing to maintain records of hazardous and industrial solid waste activities; 30 TAC §§335.62, 335.503(a) and 335.504 and 40 Code of Federal Regulations (CFR) §262.11, by failing to conduct a hazardous waste determination and classification; 30 TAC §335.112(a) and 40 CFR §265.174, by failing to conduct weekly inspections of container storage areas; and 30 TAC §335.323 and TWC, §5.702, by failing to pay all annual Hazardous Waste Generation fees for TCEQ Financial Administration Account Numbers 0314733G and 0318048G for Fiscal Year 2017; PENALTY: $30,328; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(14) COMPANY: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LIMITED; DOCKET NUMBER: 2017-0063-WQ-E; IDENTIFIER: RN106862857; LOCATION: Bulverde, Comal County; TYPE OF FACILITY: housing development site; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) General Permit (GP) Number TXR15XT73, Part III, Section G.1, by failing to design, install, and maintain erosion and sediment controls; and TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES GP Number TXR15XT73, Part III, Section F.6.d, by failing to remove accumulations of sediment at a frequency that minimizes offsite impacts; PENALTY: $1,601; ENFORCEMENT COORDINATOR: Had Darling, (512) 239-2520; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: Meyersville Independent School District; DOCKET NUMBER: 2017-0196-PWS-E; IDENTIFIER: RN101214377; LOCATION: Meyersville, Dewitt County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(f)(1)(A)(ii) and (i)(7), by failing to perform and submit a corrosion control study to identify optimal corrosion control treatment for the system within 12 months after the end of the January 1, 2015 - December 31, 2015, monitoring period in which the system exceeded the lead action level; 30 TAC §290.117(g)(2)(A) and §290.122(b)(2)(B) and (f), by failing to submit a recommendation to the executive director (ED) for source water treatment within 180 days after the end of the January 1, 2015 - December 31, 2015, monitoring period during which the lead action level was exceeded, and 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 source water treatment; 30 TAC §290.117(e)(2), (h), and (i)(3), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample sites for the first six-month period following the January 1, 2015 - December 31, 2015, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the ED; 30 TAC §290.117(i)(6) and (j), by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification had been distributed to the persons served at the locations in a manner consistent with TCEQ requirements for the January 1, 2016 - June 30, 2016, monitoring period; and 30 TAC §290.122(a)(2)(A) and (f), by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to 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, 2015 - December 31, 2015, monitoring period during which the lead action level was exceeded; PENALTY: $420; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(16) COMPANY: MUHAMMAD KHAN, LLC dba Pakco 1; DOCKET NUMBER: 2017-0042-PST-E; IDENTIFIER: RN101443778; LOCATION: Vidor, Orange County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month; 30 TAC §334.50(d)(9)(a)(v) and §334.72, by failing to report a suspected release to the TCEQ within 72 hours of discovery; and 30 TAC §334.42(i) and TWC, §26.3475(c)(2), by failing to inspect all sumps, manways, overspill containers, and catchment basins associated with a UST system at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight; PENALTY: $5,518; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(17) COMPANY: Nerro Supply, LLC; DOCKET NUMBER: 2017-0215-PWS-E; IDENTIFIER: RN102684149; LOCATION: Bryan, Brazos County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $432; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(18) COMPANY: North Alamo Water Supply Corporation; DOCKET NUMBER: 2016-1466-MWD-E; IDENTIFIER: RN102340056; LOCATION: Monte Alto, Hidalgo 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 (TPDES) Permit Number WQ0013747004, Interim Effluent Limitations and Monitoring Requirements Number 1, formerly Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; 30 TAC §305.125(1) and (17), §319.7(d), and TPDES Permit Number WQ0013747004, Monitoring and Reporting Requirements Number 1, by failing to timely submit effluent monitoring results at the intervals specified in the permit; and 30 TAC §305.125(1) and §319.5(b), and TPDES Permit Number WQ0013747004, Interim Effluent Limitations and Monitoring Requirements Number 1, by failing to collect and analyze effluent samples at the intervals specified in the permit; PENALTY: $9,205; Supplemental Environmental Project offset amount of $3,682; ENFORCEMENT COORDINATOR: Sandra Douglas, (512) 239-2549; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(19) COMPANY: SONA STORES, INCORPORATED dba Sunshine Grocery; DOCKET NUMBER: 2017-0157-PST-E; IDENTIFIER: RN102478468; LOCATION: Deweyville, Newton County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube for each regulated underground storage tank (UST) according to the UST registration and self-certification form; 30 TAC §115.222(3) and Texas Health and Safety Code, §382.085(b), by failing to ensure no avoidable gasoline leaks, as detected by sight, sound, or smell, exist anywhere in the liquid transfer or vapor balance system; 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: $7,188; ENFORCEMENT COORDINATOR: Benjamin Sakmar, (512) 239-1704; REGIONAL OFFICE: 3870 Eastex, Freeway Beaumont, Texas 77703-1830, (409) 898-3838.

(20) COMPANY: Splendora Independent School District; DOCKET NUMBER: 2016-1816-MWD-E; IDENTIFIER: RN102097623; LOCATION: Splendora, Montgomery 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 WQ0011143002, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Had Darling, (512) 239-2520; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(21) COMPANY: TEXAS KOHINOOR INVESTMENTS, LLC dba Wildcat Express Sealy; DOCKET NUMBER: 2017-0287-PST-E; IDENTIFIER: RN106908783; LOCATION: Sealy, Austin County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $5,754; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(22) COMPANY: Tim A. Duncan dba Miller Mobile Home Park and Karen Duncan dba Miller Mobile Home Park; DOCKET NUMBER: 2017-0143-PWS-E; IDENTIFIER: RN101271518; LOCATION: Idalou, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(C), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the executive director(ED) 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; 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, 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; 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 five sample sites, 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; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect metal and mineral samples for the January 1, 2011 - December 31, 2013, monitoring period and failure to collect cyanide samples for the January 1, 2011 - December 31, 2013, monitoring period; PENALTY: $1,699; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(23) COMPANY: Trinity Bay Conservation District; DOCKET NUMBER: 2017-0082-MWD-E; IDENTIFIER: RN102077708; LOCATION: Oak Island, Chambers 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 WQ0011537001, Effluent Limitations and Monitoring Requirements Number 1 and 2, by failing to comply with permitted effluent limitations; PENALTY: $8,750; Supplemental Environmental Project offset amount of $7,000; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(24) COMPANY: Violet Water Supply Corporation; DOCKET NUMBER: 2017-0477-PWS-E; IDENTIFIER: RN102683331; LOCATION: Robstown, Nueces 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; 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, have the samples analyzed, and report the results to the ED for the January 1, 2013 - December 31, 2015, monitoring period; PENALTY: $321; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(25) COMPANY: WINRE LLC; DOCKET NUMBER: 2016-1640-WQ-E; IDENTIFIER: RN107818429; LOCATION: Comfort, Kendall County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §281.25(a)(4) and Texas Pollutant Discharge Elimination System (TPDES) General Permit (GP) Number TXR15004047, Part III, Section D(2), by failing to post the TCEQ site notice near the main entrance of the construction site; 30 TAC §281.25(a)(4) and TPDES GP Number TXR15004047, Part II, Section E(6), by failing to submit a Notice of Change 14 days before a change occurs; 30 TAC §281.25(a)(4) and TPDES GP Number TXR15004047, Part III, Section F(7)(a), by failing to conduct site inspections of control measures at least once every 14 days and within 24 hours of the end of a storm event of 0.5 inches or greater; TWC, §26.121(a)(2), 30 TAC §281.25(a)(4), and TPDES GP Number TXR15004047, Part III, Section F(6)(a) and (d) and G1, by failing to design, install, and maintain effective erosion and sediment controls to minimize the discharge of pollutants and failing to remove sediment accumulations at a frequency that minimizes off-site impacts in the event that sediment escapes the site; 30 TAC §281.25(a)(4) and TPDES GP Number TXR15004047, Part III, Section F(2)(b)(ii), by failing to maintain the records of permanent erosion controls and stabilization practices and either attach the records to or reference the records in the SWP3; TWC, §26.121(a)(2), 30 TAC §281.25(a)(4), and TPDES GP Number TXR15004047, Part III, Section G.1 and Part VII, Numbers 1 and 8, by failing to design, install, and maintain effective erosion and sediment controls to minimize the discharge of pollutants which resulted in the discharge of excessive amounts of sediment into or adjacent to water in the state; and 30 TAC §281.25(a)(4) and TPDES GP Number TXR15004047, Part III, Section G.2, by failing to initiate stabilization of disturbed areas immediately whenever any clearing, grading, excavating, or other earth disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days; PENALTY: $8,462; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(26) COMPANY: Zapata County; DOCKET NUMBER: 2017-0280-MWD-E; IDENTIFIER: RN102078391; LOCATION: Zapata, Zapata County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1) and (5), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010462001, Interim I Effluent Limitations and Monitoring Requirements Number 4, by failing to prevent the discharge of solids or visible foam other than trace amounts, and failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §305.125(1) and (5) and §317.6(b)(1) and (2), and TPDES Permit Number WQ0010462001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §305.125(1) and (5) and §317.4(b)(4), and TPDES Permit Number WQ0010462001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; and 30 TAC §305.125(1) and (5) and §319.11(d), and TPDES Permit Number WQ0010462001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; PENALTY: $28,012; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

TRD-201702306

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 13, 2017


Notice of District Petition

Notice issued June 7, 2017

TCEQ Internal Control No. D-002232017-018; HP Gibbs, LP (Petitioner) filed a petition for creation of Northlake Municipal Management District No. 1 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to land representing 100% of value of all such land in the proposed District; (2) there is only one lienholder, 387 Acre Farm, LLC, on the property to be included in the proposed District and the aforementioned entity has consented to the petition; (3) the proposed District will contain approximately 386.8295 acres located within Denton County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the Town of Northlake, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 16-41, passed and approved December 8, 2016, the Town of Northlake gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. The petition further states that the proposed District will purchase, construct, acquire, maintain, own, and operate water, wastewater, drainage, road, and parks and recreational facilities for commercial and residential purposes. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner, from the information available at this time, that the cost of said project will be approximately $40,630,213.

INFORMATION SECTION

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

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

TRD-201702317

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 13, 2017


Notice of Hearing

Johnson County Special Utility District

SOAH Docket No. 582-17-4464

TCEQ Docket No. 2017-0366-MWD

Permit No. WQ0014350001

APPLICATION.

Johnson County Special Utility District, P.O. Box 509, Cleburne, Texas 76033, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014350001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 700,000 gallons per day to a daily average flow not to exceed 790,000 gallons per day. TCEQ received this application on April 5, 2016.

The facility is located approximately 2.5 miles northeast of the intersection of State Highway 174 and Farm-to-Market Road 917 in the City of Burleson, in Johnson County, Texas 76028. The treated effluent is discharged to Village Creek; thence to Lake Arlington in Segment No. 0828 of the Trinity River Basin. The unclassified receiving water use is limited aquatic life use for Village Creek. The designated uses for Segment No. 0828 are high aquatic life use, public water supply, and primary contact recreation. In accordance with Title 30 of the Texas Administrative Code (TAC) Section 307.5 and the TCEQ procedures to implement the Texas Surface Water Quality Standards (June 2010), an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. This review has preliminarily determined that no water bodies with exceptional, high, or intermediate aquatic life uses are present within the stream reach assessed; therefore, no Tier 2 degradation determination is required. No significant degradation of water quality is expected in water bodies with exceptional, high, or intermediate aquatic life uses downstream, and existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ Executive Director has 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 that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at the Johnson County Special Utility District Office, 2849 South Highway 171, Cleburne, Texas. As a public courtesy, we have provided the following Web page to an online map of the site or the facility's general location. The online map is not part of the application or the notice: <http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.495&lng=-97.350833&zoom=13&type=r>. For the exact location, refer to the application.

CONTESTED CASE HEARING.

The State Office of Administrative Hearings (SOAH) will conduct a preliminary hearing at:

10:00 a.m. - July 19, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of a preliminary hearing is to establish jurisdiction, name the parties, establish a procedural schedule for the remainder of the proceeding, allow an opportunity for settlement discussions, and to address other matters as determined by the judge. The evidentiary hearing phase of the proceeding will be similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on May 18, 2017. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

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

INFORMATION.

If you need more information about the hearing process for this application, please call the Public Education Program, toll free, at (800) 687-4040. General information about the TCEQ can be found at our web site at http://www.tceq.texas.gov/.

Further information may also be obtained from Johnson County Special Utility District at the address stated above or by calling Mr. Terry Kelley, General Manager, at (817) 760-5220.

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

Issued: June 9, 2017

TRD-201702331

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 14, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of

WORLDS OF WOW INC.

SOAH Docket No. 582-17-4608

TCEQ Docket No. 2016-0140-IHW-E

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

10:00 a.m. - July 13, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed November 18, 2016 concerning assessing administrative penalties against and requiring certain actions of Worlds of Wow Inc., for violations in Denton County, Texas, of: Tex. Water Code §26.121(a) and 30 Tex. Admin. Code §335.4.

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

Legal Authority: Tex. Water Code §7.054 and 26, Tex. Health & Safety Code ch. 361, and 30 Tex. Admin. Code chs. 70 and 335; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §70.108 and §70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

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

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

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

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

Issued: June 13, 2017

TRD-201702332

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 14, 2017


Notice of Water Quality Application

The following notice was issued on June 08, 2017.

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

INFORMATION SECTION

WFC HEADWATERS OWNER VII, L.P., has applied to the Texas Commission on Environmental Quality (TCEQ) for a minor amendment to the TCEQ permit to add Interim III and Interim IV phases. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 325,000 gallons per day via surface irrigation drip system covered with mulch and subsurface drip irrigation system on 74.6 acres of public-access land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located The wastewater treatment facility and disposal site are located approximately 3 miles northeast of the intersection of Rural Route 12 and U.S. Highway 290 in Dripping Springs and approximately 1.8 miles due north of U.S. Highway 290 in Hays County, Texas 78620. If you need more information about these permit applications or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. General information about 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-201702316

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 14, 2017


Notice of Water Rights Application

Notice issued June 8, 2017

APPLICATION NO. 13130; Pipkin Ranch Holdings, LP, 23777 Big Hill Road, Beaumont, Texas 77705, Applicant, seeks a Water Use Permit to divert and use not to exceed 2,750 acre-feet of water per year from three points on the Needmore Diversion Channel, Neches-Trinity Coastal Basin for storage in an off-channel reservoir and for agricultural, livestock, and recreational/wildlife purposes in Jefferson County, Texas. The application and partial fees were received on March 5, 2014. Additional information was received on March 21, and 23, May 14, June 30, July 14, August 22, and 25, 2014; April 9, 2015; and January 6, and 29, and March 28, 2016. The application was declared administratively complete and filed with the Office of the Chief Clerk on April 11, 2016. The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft permit, if granted, would include special conditions including, but not limited to, streamflow restrictions. 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.

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.

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-201702318

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 14, 2017


Request for Nominations - Municipal Solid Waste Management and Resource Recovery Advisory Council

The Texas Commission on Environmental Quality (TCEQ) is requesting nominations for nine individuals to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council (Advisory Council) to fill the following positions: 1) an official from a municipality or county solid waste agency (expires 8/2023); 2) a representative from a public solid waste district or authority (expires 8/2023); 3) an elected official from a county with any population size (expires 8/2023); 4) a representative of the general public (expires 8/2023); 5) an elected official from a municipality with a population fewer than 25,000 (expires 8/2023); 6) an elected official from a municipality with a population of 750,000 or more (expires 8/2023); 7) a representative of the general public (expires 8/2019); 8) an elected official from a municipality with a population of 25,000 or more but less than 100,000 (expires 8/2019); and 9) an elected official from a municipality with a population of 100,000 or more but less than 750,000 (expires 8/2019).

The Advisory Council was created by the 68th Texas Legislature in 1983 and is comprised of 18 members who serve staggered six-year terms. The composition of the Advisory Council is prescribed in the Texas Health and Safety Code, §363.041.

The Advisory Council reviews and evaluates the effect of state policies and programs on municipal solid waste (MSW) management; makes recommendations on matters relating to MSW management; recommends legislation to encourage the efficient management of MSW; recommends policies for the use, allocation, or distribution of the planning fund; and recommends special studies and projects to further the effectiveness of MSW management and recovery for Texas. The Advisory Council is required by law to conduct at least one meeting every three months. The meetings are held in Austin and may span several hours. Members are expected to attend the scheduled meetings and participate in subcommittees if requested.

To apply for or to nominate an individual for an Advisory Council position, please complete and submit the Advisory Council Application and related materials. The application and additional information are available at: http://www.tceq.texas.gov/goto/msw/council.

Nominee evaluations will be made based upon the application, materials submitted, letters of reference, and solid waste management experience. Appointments will be made by the TCEQ commissioners in the fall of 2017.

The Advisory Council Application and materials must be e-mailed or postmarked by 5:00 p.m., July 31, 2017. For regular mail please send to: Mr. Steve Hutchinson, MC-126, TCEQ, Waste Permits Division, P.O. Box 13087, Austin, Texas 78711-3087. If submitting by overnight mail, please send to: Mr. Steve Hutchinson, Building F, TCEQ, Waste Permits Division, 12100 Park 35 Circle, Austin, Texas 78753. Questions regarding the Advisory Council can be directed to Mr. Steve Hutchinson at (512) 239-6716, or e-mailed to: mswper@tceq.texas.gov.

TRD-201702307

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 13, 2017


Revised Notice of Application and Opportunity to Request a Public Meeting for a New Municipal Solid Waste Facility

Registration Application No. 40292

Application. Town of Pecos City, 110 E. 6th street, Pecos, Texas, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40292, to construct and operate a Type V municipal solid waste transfer station. The proposed facility, Pecos Transfer Station will be located 1.8 miles south of the intersection of TX State Highway 17 and Interstate 20, 79772, in Reeves County. The Applicant is requesting authorization to transfer municipal solid waste which includes residential, commercial and Class 2 and 3 industrial non-hazardous municipal solid wastes. The registration application is available for viewing and copying at the Town of Pecos City located at 110 E. 6th Street, Pecos, Texas 79772 and may be viewed online at http://www.team-psc.com/engineering-sector/solid-waste/tceq-permits/. The following website which provides an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=31.376111&lng=-103.516388&zoom=13&type=r.For exact location, refer to application.

Public Comment/Public Meeting. Written public comments or written requests for a public meeting must be submitted to the Office of Chief Clerk at the address included in the information section below. If a public meeting is held, comments may be made orally at the meeting or submitted in writing by the close of the public meeting. A public meeting will be held by the executive director if requested by a member of the legislature who represents the general area where the development is to be located, or if there is a substantial public interest in the proposed development. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing. The executive director will review and consider public comments and written requests for a public meeting submitted during the comment period. The comment period shall begin on the date this notice is published and end 60 calendar days after this notice is published. The comment period shall be extended to the close of any public meeting. The executive director is not required to file a response to comments.

Executive Director Action. The executive director shall, after review of an application for registration, determine if the application will be approved or denied in whole or in part. If the executive director acts on an application, the chief clerk shall mail or otherwise transmit notice of the action and an explanation of the opportunity to file a motion to overturn the executive director's decision. The chief clerk shall mail this notice to the owner and operator, the public interest counsel, to adjacent landowners as shown on the required land ownership map and landowners list, and to other persons who timely filed public comment in response to public notice. Not all persons on the mailing list for this notice will receive the notice letter from the Office of the Chief Clerk.

Information. Written public comments or requests to be placed on the permanent mailing list for this application should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically submitted to http://www14.tceq.texas.gov/epic/eComment/.

If you choose to communicate with the TCEQ electronically, please be aware that your e-mail address, like your physical mailing address, will become part of the agency's public record. For information about this application or the registration process, individual members of the general public may call the TCEQ Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Further information may also be obtained from Town of Pecos City at the address stated above or by calling Nicholas Ybarra at (915) 533-6811.

TRD-201702315

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 14, 2017


Texas Health and Human Services Commission

Notice of Adopted Medicaid Payment Rate for Pediatric Care Facility

Adopted Rate. As the single state agency for the state Medicaid program, the Texas Health and Human Services Commission (HHSC) has adopted the following per diem reimbursement rate for the Nursing Facility program.

Reimbursement rate for the nursing facility pediatric care facility special reimbursement class for Truman W. Smith Children's Care Center is $270.17 per day to be effective retroactive to September 1, 2016.

Hearing. HHSC conducted a public hearing on April 24, 2017, to receive public comment on the proposed rate. The hearing was held in accordance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires that public hearings be held on proposed Medicaid reimbursements before such rates are approved by HHSC. The public hearing notice and the notice of proposed reimbursement rates were published in the April 14, 2017, issue of the Texas Register (42 TexReg 2025).

Methodology and Justification. The proposed rate was determined in accordance with the rate setting methodology codified at 1 TAC Chapter 355, Subchapter C, §355.307, Reimbursement Setting Methodology.

TRD-201702291

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: June 12, 2017


Public Notice - Texas State Plan for Medical Assistance Amendment

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act.

The purpose of the amendment is to update the fee schedule in the current state plan by adjusting or implementing the fee for Clinical Laboratory Services. The proposed amendment is effective July 1, 2017.

The proposed amendment is estimated to result in an annual aggregate expenditure of $78,397 for the remainder of federal fiscal year (FFY) 2017, consisting of $44,044 in federal funds and $34,353 in state general revenue. For FFY 2018, the estimated annual aggregate expenditure is $316,945, consisting of $180,278 in federal funds and $136,667 in state general revenue. For FFY 2019, the estimated annual aggregate expenditure is $322,015, consisting of $184,772 in federal funds and $137,243 in state general revenue.

Rate Hearing. A rate hearing will be held on August 8, 2017, at 1:30 p.m. in Austin, Texas. Once available, information about the proposed rate changes (including methodology and justification) and the hearing will be published in a subsequent issue of the Texas Register at http://www.sos.state.tx.us/texreg/index.shtml.

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

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

U.S. Mail

Texas Health and Human Services Commission

Attention: Rate Analysis, Mail Code H-400

P.O. Box 149030

Austin, Texas 78714-9030

Overnight mail, special delivery mail, or hand delivery

Texas Health and Human Services Commission

Attention: Rate Analysis

Mail Code H-400

Brown-Heatly Building

4900 North Lamar Blvd.

Austin, Texas 78751

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

Fax

Attention: Rate Analysis at (512) 730-7475

Email

RADAcuteCare@hhsc.state.tx.us

TRD-201702320

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: June 14, 2017


Public Notice: Waiver Application for Preadmission Screening and Resident Review Habilitation Coordination Services

The Texas Health and Human Services Commission (HHSC) intends to submit a request for a waiver under the authority of §1915(b)(4) of the Social Security Act to the Centers for Medicare and Medicaid Services (CMS). The proposed effective date for the new waiver is December 1, 2017.

HHSC proposes to implement the preadmission screening and resident review (PASRR) habilitation coordination under §1915(b)(4) of the Social Security Act on December 1, 2017. Concurrently, a State Plan amendment is being completed to expand the list of specialized services available to Medicaid recipients who are 21 years of age or older and residing in a Medicaid-certified nursing facility (NF). Under the array of habilitative specialized services, one service is called habilitation coordination. The initial request to authorize a new §1915(b)(4) waiver is intended to limit the choice of providers who will provide habilitation coordination to the local intellectual and developmental disability authorities (LIDDAs).

PASRR is a process to identify individuals with a mental illness (MI), an intellectual disability (ID), or a developmental disability (DD) who choose admission into a Medicaid-certified NF or who are residing in an NF, to ensure the appropriateness of NF admission. PASRR is also intended to ensure that individuals with MI, ID, or DD receive specialized services to meet their overall physical, mental, and psychosocial needs.

Habilitation coordination is a service currently provided by the LIDDAs using general revenue funding. There is one LIDDA for each service area for a total of 39 LIDDAs in the state. The LIDDA assigns a habilitation coordinator to each resident with MI, ID, or DD who has chosen to remain in an NF.

The habilitation coordinator will assist the NF resident in coordinating all specialized services and provide recommendations related to the services the resident will receive in the community. If the resident decides to leave the NF, a service coordinator is assigned to assist the resident with transitioning into the community. Considering the resident will already have relationships established with the community providers of specialized services, this will assist with continuity of care when the resident leaves the facility. A resident with MI, ID, or DD may decline habilitation coordination.

This service is designed to assist an NF resident who has chosen to remain in the facility to access appropriate specialized services necessary for the resident to achieve a quality of life and level of community participation acceptable to the resident and the legally authorized representative on the resident's behalf.

To maintain existing client-provider relationships and reduce administrative burden, HHSC is requesting that the waiver application be approved for a five-year period beginning December 1, 2017, through November 31, 2022. The waiver is projected to maintain cost effectiveness for waiver years 2017 through 2022.

To obtain free copies of the application, submit comments, or receive other information about this waiver request, interested parties may contact Sallie Allen by mail at Texas Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711-3247, phone (512) 424-6969, fax (512) 730-7472, or by email at TX_Medicaid_Waivers@hhsc.state.tx.us.

TRD-201702312

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: June 13, 2017


Department of State Health Services

Amendment to the Texas Schedules of Controlled Substances

This amendment to the Texas Schedules of Controlled Substances was signed by the Commissioner of the Department of State Health Services, and will take effect 21 days following publication of this notice in the Texas Register.

The Administrator of the Drug Enforcement Administration issued a temporary scheduling order to schedule the synthetic opioid, N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (Other names: 4-fluoroisobutyryl fentanyl or para-fluoroisobutyryl fentanyl) and its isomers, esters, ethers, salts, and salts of isomers, esters and ethers into schedule I of the Controlled Substances Act effective May 3, 2017. This temporary scheduling order was published in the Federal Register, Volume 82, Number 84, pages 20544-20548. This action was based on the following:

1. 4-fluoroisobutyryl fentanyl has a high potential for abuse;

2. 4-fluoroisobutyryl fentanyl has no currently accepted medical use in treatment in the United States;

3. 4-fluoroisobutyryl fentanyl has a lack of accepted safety for use under medical supervision; and,

4. Temporary placement of 4-fluoroisobutyryl fentanyl into schedule I is necessary to avoid an imminent hazard to the public health.

Pursuant to §481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least thirty-one days have expired since notice of the above referenced actions were published in the Federal Register. In the capacity as Commissioner of the Texas Department of State Health Services, John Hellerstedt, M.D., does hereby order that the substance N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (Other names: 4-fluoroisobutyryl fentanyl or para-fluoroisobutyryl fentanyl) and its isomers, esters, ethers, salts, and salts of isomers, esters and ethers be placed temporarily into schedule I.

SCHEDULE I

Schedule I consists of:

- Schedule I opiates

***

- Schedule I opium derivatives

***

- Schedule I hallucinogenic substances

***

- Schedule I stimulants

***

- Schedule I depressants

***

- Schedule I Cannabimimetic agents

***

- Schedule I temporarily listed substances subject to emergency scheduling by the United States Drug Enforcement Administration.

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of the substance's salts, esters, ethers, isomers, optical isomers, positional isomers, geometric isomers and salts of isomers, esters, and ethers if the existence of the salts, isomers, esters, ethers and salts of isomers, esters and ethers is possible within the specific chemical designation.

(1) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (Other names: "AB-CHMINACA");

(2) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (Other names: "AB-PINACA");

(3) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone (Other names: "THJ-2201");

(4) N-(1-phenethylpiperindin-4-yl)-N-phenylacetamide (Other names: acetyl fentanyl);

(5) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexyl-methyl)-1H-indazole-3-carboxamide (common names: MAB-CHMINACA and ADB-CHMINACA);

(6) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known as N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide (Other name: butyryl fentanyl);

(7) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylproprionamide, also known as N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidnyl]-N-phenylpropanamide (Other name: beta-hydroxythiofentanyl);

(8) 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (Other name: U47700);

(9) N-(1-phenethylpiperdin-4-yl)-N-phenylfuran-2-carboxamide (Other name: Furanyl fentanyl);

(10) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other names: 5F-ADB; 5F-MDMB-PINACA);

(11) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-caboxamido)-3-methylbutanoate (Other names: 5F-AMB);

(12) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (Other names: 5F-APINACA, 5F-AKB48);

(13) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (Other names: ADB-FUBINACA);

(14) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (Other names: MDMB-CHMICA, MMB-CHMINACA);

(15) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other names: MDMB-FUBINACA); and,

*(16) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (Other names: 4-fluoroisobutyryl fentanyl or para-fluoroisobutyryl fentanyl)

Changes to the schedules are marked with an asterisk (*).

TRD-201702265

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: June 9, 2017


Texas Department of Housing and Community Affairs

Request for Qualification Application for 2017 Internal Audit Peer Review

The Texas Department of Housing and Community Affairs has posted a Request for Qualifications #332-RFQ17-1002 for Peer Review-Internal Audit. If you are interested in providing a response to this Request for Qualifications, please view the RFQ posting on the Electronic State Business Daily (ESBD). The website for the ESBD is: http://esbd.cpa.state.tx.us/ and you can search by the RFQ number listed above.

You may also click on the link below to directly access the ESBD without having to search:

http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=140425

-or-

View our Department website at www.tdhca.state.tx.us under "What's New" on our homepage. The deadlines are as follows:

Questions Due: June 19, 2017, 4:00 p.m. (CT)

Questions/Answers Posted June 23, 2017 (no later than)

Response Due: June 30, 2017 5:00 p.m. (CT)

Should you have any difficulty accessing either website, please contact Julie Dumbeck, CTP, CTPM, CTCM, Manager of Purchasing / Staff Services at (512) 475-3997 or Julie.dumbeck@TDHCA.state.tx.us.

TRD-201702267

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 9, 2017


"Second 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 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 2016 or 2017 National Housing Trust Fund ("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 $41,849,140 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 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 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 funding is currently available on a statewide basis within each set-aside until August 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 August 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 First 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.

TRD-201702253

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 8, 2017


Texas Department of Insurance

Company Licensing

Application to do business in the state of Texas by STONEWOOD INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Raleigh, North Carolina.

Application for incorporation in the state of Texas by IMPERIAL HEALTH PLAN OF TEXAS, INC., a domestic Health Maintenance Organization (HMO). The home office is in Dallas, Texas.

Application for incorporation in the state of Texas by WELLINGTON INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Fort Worth, Texas.

Application for HEALTHMARKETS INSURANCE COMPANY, a foreign life, accident and/or health company, to change its name to TIER ONE INSURANCE COMPANY. The home office is in Oklahoma City, Oklahoma.

Application for SECURITAS FINANCIAL INSURANCE COMPANY, a foreign life, accident and/or health company, to change its name to GENWORTH INSURANCE COMPANY. The home office is in Raleigh, North Carolina.

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

TRD-201702321

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: June 14, 2017


Texas Lottery Commission

Scratch Ticket Game Number 1846 "Fast Cash Multiplier"

Name and Style of Game.

A. The name of Scratch Ticket Game No. 1846 is "FAST CASH MULTIPLIER". The play style is "match 3 of X".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 1846 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1846.

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: TIRE SYMBOL, WRENCH SYMBOL, GASOLINE PUMP SYMBOL, FLAG SYMBOL, TROPHY SYMBOL, FUEL SYMBOL, SUN SYMBOL, MEGAPHONE SYMBOL, CLOCK SYMBOL, BINOCULARS SYMBOL, CAP SYMBOL, HELMET SYMBOL, GLOVE SYMBOL, WATER BOTTLE SYMBOL, MEDAL SYMBOL, FIRE EXTINGUISHER SYMBOL, KEY SYMBOL, STREET LIGHTS SYMBOL, RACE CAR SYMBOL, $5.00, $10.00, $20.00, $50.00, $100, $500, $1,000 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. 1846 - 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 (1846), 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: 1846-0000001-001.

H. Pack - A Pack of "FAST CASH MULTIPLIER" 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 - A Texas Lottery "FAST CASH MULTIPLIER" Scratch Ticket Game No. 1846.

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 "FAST CASH MULTIPLIER" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 64 (sixty-four) Play Symbols. If a player reveals 3 matching Play Symbols in the same GAME, the player wins the PRIZE for that GAME. If a player reveals 2 matching Play Symbols and a "RACE CAR" Play Symbol in the same GAME, the player wins 2X the PRIZE for that GAME. If a player reveals 2 "RACE CAR" Play Symbols in the same GAME, the player wins 5X the PRIZE for that GAME. If a player reveals 3 "RACE CAR" Play Symbols in the same GAME, the player wins 50X the PRIZE for that GAME. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket Game.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 64 (sixty-four) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

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

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

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

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

16. Each of the 64 (sixty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 64 (sixty-four) Play Symbols on the Scratch Ticket must be printed in the symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. A Ticket can win up to sixteen (16) times in accordance with the approved prize structure.

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

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

D. There will be a random distribution of all Play Symbols on the Ticket, unless restricted by other parameters, play action or prize structure (with the exception of the "RACE CAR" (WIN) Play Symbol).

E. There will be no matching non-winning GAMES on a Ticket. GAMES are considered matching if they have the same Play Symbols in the same spots.

F. No three (3) or more matching non-winning Play Symbols will appear in adjacent positions diagonally or in a column.

G. The "RACE CAR" (WIN) Play Symbol will only appear on winning Tickets and will appear on winning GAMES as dictate by the prize structure.

H. No more than two (2) matching non-winning Play Symbols will appear in one (1) GAME.

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

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

2.3 Procedure for Claiming Prizes.

A. To claim a "FAST CASH MULTIPLIER" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $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 $50.00, $100 or $500 Scratch Ticket. 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 "FAST CASH MULTIPLIER" Scratch Ticket Game prize of $1,000 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 "FAST CASH MULTIPLIER" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office 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 Section 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 "FAST CASH MULTIPLIER" 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 "FAST CASH MULTIPLIER" 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 Game 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 Section 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 "FAST CASH MULTIPLIER" Scratch Ticket may be entered into one of four 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 5,520,000 Scratch Tickets in the Scratch Ticket Game No. 1846. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1846 - 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. 1846 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket Game closing procedures and the 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. 1846, 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-201702288

Bob Biard

General Counsel

Texas Lottery Commission

Filed: June 12, 2017


Scratch Ticket Game Number 1854 "Lucky Symbols"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1854 is "LUCKY SYMBOLS". The play style is "match 3 of X".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1854 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1854.

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: CLOVER SYMBOL, SEVEN SYMBOL, HORSESHOE SYMBOL, LADYBUG SYMBOL, HAT SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $200 and $3,000.

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. 1854 - 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 (1854), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 1854-0000001-001.

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

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "LUCKY SYMBOLS" Scratch Ticket Game No. 1854.

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 "LUCKY SYMBOLS" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 9 (nine) Play Symbols. Scene 1: If a player reveals 3 (three) matching prize amounts, the player wins that amount. If a player reveals 2 (two) matching prize amounts and a "CLOVER" Play Symbol, the player wins DOUBLE that amount. Scene 2: If a player reveals 3 (three) matching prize amounts, the player wins that amount. If a player reveals 2 (two) matching prize amounts and a "SEVEN" Play Symbol, the player wins DOUBLE that amount. Scene 3: If a player reveals 3 (three) matching prize amounts, the player wins that amount. If a player reveals 2 (two) matching prize amounts and a "HORSESHOE" Play Symbol, the player wins DOUBLE that amount. Scene 4: If a player reveals 3 (three) matching prize amounts, the player wins that amount. If a player reveals 2 (two) matching prize amounts and a "LADYBUG" Play Symbol, the player wins DOUBLE that amount. Scene 5: If a player reveals 3 (three) matching prize amounts, the player wins that amount. If a player reveals 2 (two) matching prize amounts and a "HAT" Play Symbol, the player wins DOUBLE that amount. 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 9 (nine) 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 9 (nine) 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 9 (nine) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 9 (nine) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

Programmed Game Parameters.

A Ticket can win up to one (1) time in accordance with the approved prize structure.

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

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

No more than three (3) matching Prize Symbols.

No more than one (1) set of three (3) matching Prize Symbols within the game (i.e., three (3) $10 symbols and three (3) $20 symbols).

Winning Tickets that contain a "CLOVER" (CLX2) or "SEVEN" (SVX2) or "HORSESHOE" (HSX2) or "LADYBUG" (LBX2) or "HAT" (HTX2) Play Symbol will never contain more than one (1) pair of matching Prize Symbols.

Winning Tickets with three (3) matching Prize Symbols will never contain a "CLOVER" (CLX2) or "SEVEN" (SVX2) or "HORSESHOE" (HSX2) or "LADYBUG" (LBX2) or "HAT" (HTX2) Play Symbol.

The "CLOVER" (CLX2) Play Symbol will only appear on Scene 1, the "SEVEN" (SVX2) Play Symbol will only appear on Scene 2, the "HORSESHOE" (HSX2) Play Symbol will only appear on Scene 3, the "LADYBUG" (LBX2) Play Symbol will only appear on Scene 4, the "HAT" (HTX2) Play Symbol will only appear on Scene 5.

No Ticket will contain more than one (1) "CLOVER" (CLX2) or "SEVEN" (SVX2) or "HORSESHOE" (HSX2) or "LADYBUG" (LBX2) or "HAT" (HTX2) Play Symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY SYMBOLS" Scratch Ticket Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 or $200, 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, $100 or $200 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "LUCKY SYMBOLS" Scratch Ticket Game prize of $3,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 9,120,000 Scratch Tickets in Scratch Ticket Game No. 1854. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1854 - 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. 1854 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. 1854, 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-201702287

Bob Biard

General Counsel

Texas Lottery Commission

Filed: June 12, 2017


Scratch Ticket Game Number 1885 "MEGA LOTERIA"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1885 is "MEGA LOTERIA". The play style is "row/column/diagonal".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1885 shall be $10.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1885.

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: THE MOCKINGBIRD SYMBOL, THE CACTUS SYMBOL, THE STRAWBERRY SYMBOL, THE ROADRUNNER SYMBOL, THE BAT SYMBOL, THE PIÑATA SYMBOL, THE COWBOY SYMBOL, THE NEWSPAPER SYMBOL, THE SUNSET SYMBOL, THE COWBOY HAT SYMBOL, THE COVERED WAGON SYMBOL, THE MARACAS SYMBOL, THE LONE STAR SYMBOL, THE CORN SYMBOL, THE HEN SYMBOL, THE SPEAR SYMBOL, THE GUITAR SYMBOL, THE FIRE SYMBOL, THE MORTAR PESTLE SYMBOL, THE WHEEL SYMBOL, THE PECAN TREE SYMBOL, THE JACKRABBIT SYMBOL, THE BOAR SYMBOL, THE ARMADILLO SYMBOL, THE LIZARD SYMBOL, THE CHILE PEPPER SYMBOL, THE HORSESHOE SYMBOL, THE HORSE SYMBOL, THE SHOES SYMBOL, THE BLUEBONNET SYMBOL, THE CHERRIES SYMBOL, THE OIL RIG SYMBOL, THE MOONRISE SYMBOL, THE RATTLESNAKE SYMBOL, THE WINDMILL SYMBOL, THE SPUR SYMBOL, THE SADDLE SYMBOL, THE GEM SYMBOL, THE DESERT SYMBOL, THE SOCCER BALL SYMBOL, THE FOOTBALL SYMBOL, THE COW SYMBOL, THE BICYCLE SYMBOL, THE RACE CAR SYMBOL, THE BUTTERFLY SYMBOL, THE CARDINAL SYMBOL, THE SHIP SYMBOL, $5.00, $10.00, $15.00, $20.00, $30.00, $50.00, $100, $200, $500, $1,000 and $5,000.

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

Figure 1: GAME NO. 1885 - 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 (1885), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 050 within each Pack. The format will be: 1885-0000001-001.

H. Pack - A Pack of the "MEGA LOTERIA" Scratch Ticket Game contains 050 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 will both be exposed.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "MEGA LOTERIA" Scratch Ticket Game No. 1885.

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 "MEGA LOTERIA" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 72 (seventy-two) Play Symbols. Play Boards 1 & 2: 1) The player scratches the CALLER'S CARD area to reveal 28 symbols. 2) The player scratches ONLY the symbols on both PLAY BOARDS that match the symbols revealed on the CALLER'S CARD. 3) If the player reveals a complete row, column, or diagonal line on either PLAY BOARD, the player wins the PRIZE for that line. BONUS GAMES: The player scratches ONLY the symbols on the LOTERIA BONUS GAMES that match the symbols revealed on the CALLER'S CARD. If a player reveals both symbols in any one GAME, the player wins the PRIZE for that GAME. 1) El jugador raspa la CARTA DEL GRITON para revelar 28 símbolos. 2) El jugador raspa SOLAMENTE los símbolos en las dos TABLAS DE JUEGO que son iguales a los símbolos revelados en la CARTA DEL GRITON. 3) Si el jugador revela una línea completa horizontal, vertical, o diagonal en cualqiera TABLA DE JUEGO, el jugador gana el PREMIO para esa línea. JUGADAS ADICIONALES: El jugador raspa SOLAMENTE los símbolos de los JUEGOS DE BONO que son iguales a los símbolos revelados en la CARTA DEL GRITÓN. Si el jugador revela los 2 símbolos en cualquier JUEGO, el jugador gana el PREMIO para ese JUEGO. 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 72 (seventy-two) 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 72 (seventy-two) 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 72 (seventy-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 72 (seventy-two) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

Programmed Game Parameters.

A. A Ticket can win up to eight (8) times in accordance with the approved prize structure.

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

PLAY BOARDS/TABLAS DE JUEGO:

C. No matching Play Symbols in the CALLER'S CARD/CARTA DEL GRITÓN play area.

D. At least fourteen (14) but no more than twenty-six (26) Play Symbols will match a Play Symbol on either PLAY BOARD/TABLA DE JUEGO play area.

E. CALLER'S CARD/CARTA DEL GRITÓN Play Symbols will have a random distribution on the Ticket unless restricted by other parameters, play action or prize structure.

F. No matching Play Symbols are allowed on the same PLAY BOARD/TABLA DE JUEGO play area.

BONUS GAMES/JUEGOS DE BONO:

G. Every BONUS GAME/JUEGO DE BONO Grid will match at least one (1) Play Symbol to the CALLER'S CARD/CARTA DEL GRITÓN.

2.3 Procedure for Claiming Prizes.

A. To claim a "MEGA LOTERIA" Scratch Ticket Game prize of $10.00, $15.00, $20.00, $30.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "MEGA LOTERIA" Scratch Ticket Game prize of $1,000, $5,000 or $250,000, 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 "MEGA LOTERIA" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "MEGA LOTERIA" 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 "MEGA LOTERIA" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 26,040,000 Scratch Tickets in Scratch Ticket Game No. 1885. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1885 - 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. 1885 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. 1885, 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-201702304

Bob Biard

General Counsel

Texas Lottery Commission

Filed: June 13, 2017


Texas Parks and Wildlife Department

Notice of Hearing and Opportunity for Public Comment

This is a notice of an opportunity for public comment and a public hearing on an application by Morris B. Killough and Chance M. Dean for a Texas Parks & Wildlife Department (TPWD) permit to excavate 900 cubic yards of sand and gravel from the Sabinal River approximately 2,000 feet downstream of the FM 1050 crossing and 3.8 miles upstream of the FM 187 crossing in Uvalde County.

The hearing will be held at 11:00 a.m. on July 14, 2017 at TPWD headquarters, located at 4200 Smith School Road, Austin, Texas 78744. The hearing is not a contested case hearing under the Administrative Procedure Act.

Written comments must be submitted within 30 days of the publication of this notice in the Texas Register or the newspaper, whichever is later, or at the public hearing. Submit written comments, questions, or requests to review the application to: Tom Heger, TPWD, by mail: 4200 Smith School Road, Austin, Texas 78744; fax (512) 389-4405; e-mail tom.heger@tpwd.texas.gov; or phone (512) 389-4583.

TRD-201702244

Robert D. Sweeney, Jr.

Acting General Counsel

Texas Parks and Wildlife Department

Filed: June 8, 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 June 8, 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 Grande Communications Networks LLC for Amendment to its State-Issued Certificate of Franchise Authority, Project Number 47270.

The requested amendment is to expand the service area footprint to include the municipal boundaries of the Cities of Cedar Park, Dallas, Fort Worth, Kyle, Leander, Plano, Universal City, and Prosper, 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 47270.

TRD-201702266

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2017


Notice of Application for Approval of a Service Area Contract and to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application for approval of an agreement that would amend water certificates of convenience and necessity (CCNs) in Ellis County.

Docket Style and Number: Application of City of Midlothian and City of Grand Prairie for Approval of a Service Area Contract Under Texas Water Code §13.248 and to Amend Certificates of Convenience and Necessity in Ellis County, Docket Number 47265.

The Application: Midlothian holds water CCN No. 11706 and Grand Prairie holds water CCN No. 10105. Midlothian and Grand Prairie have agreed to amend their respective CCNs to transfer a portion of certificated service area from Midlothian’s water CCN No. 11706 to Grand Prairie’s CCN No. 10105 so that Grand Prairie may supply water to customers located within its corporate limits and extraterritorial jurisdiction. Currently, there are no retail water customers of Midlothian being served in the area to be transferred to Grand Prairie.

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 47265.

TRD-201702255

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 2017


Notice of Application for Approval of a Service Area Contract and to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application for approval of an agreement that would amend water certificates of convenience and necessity (CCNs) in Ellis County.

Docket Style and Number: Application of City of Grand Prairie and Johnson County Special Utility District for Approval of a Service Area Contract Under Texas Water Code §13.248 and to Amend Certificates of Convenience and Necessity in Ellis County, Docket Number 47266.

The Application: Grand Prairie holds water CCN No. 10105 and Johnson County SUD holds water CCN No. 10081. Grand Prairie and Johnson County SUD have agreed to amend their respective CCNs to transfer property within the southwestern portion of the city limits of Grand Prairie so that Grand Prairie may provide water service to areas of new growth within its corporate limits and extraterritorial jurisdiction.

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 47266.

TRD-201702256

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 2017


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on June 9, 2017, pursuant to the Texas Water Code.

Docket Style and Number: Application of Kempner Water Supply Corporation and City of Copperas Cove for Sale and Transfer of Certificate Rights in Lampasas County (Valley at Great Hills), Docket No. 47274.

The Application: Kempner Water Supply Corporation and the City of Copperas Cove filed an application for the sale and transfer of certificate rights in Lampasas County. A portion of Kempner's water facilities and certificate of convenience and necessity (CCN) number 10456 service area would be acquired by and transferred to Copperas Cove. Copperas Cove holds water CCN No. 10449. Both CCN's would be amended. The total area being requested includes approximately 320.025 acres and one current customer, and includes the Valley at Great Hills subdivision.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 47274.

TRD-201702324

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 14, 2017


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

Notice is given to the public of an application filed with the Commission on June 5, 2017, to amend a certificate of convenience and necessity for a proposed transmission line in Fayette County, Texas.

Docket Style and Number: Application of LCRA Transmission Services Corporation to Amend its Certificate of Convenience and Necessity for the Fayette Power Project 345-kV Bus Tie in Fayette County, Docket Number 47218.

The Application: The application is designated as the Fayette Power Project (FPP) 345-kV Bus Tie Transmission Line Project. The facilities include construction of a new 0.26-mile single-circuit 345-kV bus tie that will run between the existing FPP Yard #1 and Yard #2 substations located at the FPP generation facility in Fayette County. No part of the project will extend outside of the FPP property.

The total estimated cost for the project including transmission and substation facilities is approximately $4.8 million. The Commission may approve any of the routes or route segments presented in the application.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. The deadline for intervention in this proceeding is July 20, 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 47218.

TRD-201702238

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 7, 2017


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

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

Docket Style and Number: Application of RPM Water Supply Corporation to Amend a Water Certificate of Convenience and Necessity in Henderson and Van Zandt Counties, Docket Number 47268.

The Application: RPM WSC filed an application to amend its water certificate of convenience and necessity number 10787 in Henderson and Van Zandt Counties. The total area being requested includes approximately 22 acres of rural land. There are 11 current customers.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47268.

TRD-201702262

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2017


Notice of Application to Relinquish Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider for Wireline Service

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 27, 2017, and amended on June 7, 2017, to relinquish designation as a wireline eligible telecommunications carrier (ETC) and eligible telecommunications provider (ETP).

Docket Title And Number: Application of Sage Telecom Communications, LLC f/k/a Sage Telecom of Texas, LP to Relinquish its Designation as an Eligible Telecommunications Carrier and Eligible Telecommunication Provider for Wireline Service Only, Docket Number 47210.

The Application: Sage Telecom Communications, LLC f/k/a Sage Telecom of Texas, LP filed an amended application to relinquish its designation as an ETC and ETP for wireline service. Sage seeks relinquishment of its wireline ETC and ETP designations in exchanges within the service territory of AT&T Texas d/b/a Southwestern Bell Telephone Company. Sage stated that it proposes to cease offering wireline service in Texas on August 22, 2017, and seeks to relinquish both its wireline ETC and ETP designation 91 days from the date of this amended application. Sage will continue to provide wireless services in Texas after the discontinuance of its wireline service

Persons who wish to intervene in the proceeding or comment upon the action sought should notify the commission as a deadline to intervene will be established. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 47210.

TRD-201702308

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 13, 2017


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

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on June 6, 2017, a petition to amend a certificate of convenience and necessity (CCN) by expedited release in Waller County, Texas.

Docket Style and Number: Petition of Woodard Partners, Ltd. to Amend G&W Water Supply Corporation's Certificate of Convenience and Necessity by Expedited Release in Waller County, Docket Number 47263.

The Application: Woodard Partners, Ltd. seeks the expedited release of approximately 130 acres from G&W Water Supply Corporation's water CCN No. 12391 in Waller, County under Texas Water Code §13.254(a-5) and 16 Texas Administrative Code §24.113(r).

Persons wishing to comment on the action sought should contact the commission no later than July 7, 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 47263.

TRD-201702239

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 7, 2017


Supreme Court of Texas

In the Supreme Court of Texas

Misc. Docket No. 17-9061

ORDER ADOPTING TEXAS RULE OF APPELLATE PROCEDURE 4.6

ORDERED that:

The Supreme Court of Texas joins the Court of Criminal Appeals’ Misc. Docket No. 17 007, which adopts Rule 4.6 of the Rules of Appellate Procedure effective September 1, 2017.

Public comments should be submitted to the Court of Criminal Appeals as directed in that Court’s order. The final version of the rule may change in response to public comments received.

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 13, 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

4.6. No Notice of Trial Court’s Order on Motion for Forensic DNA Testing

(a) Additional Time to File Notice of Appeal. Notwithstanding Rules 26.2 and 26.3, a defendant may move for additional time to file a notice of appeal under Code of Criminal Procedure chapter 64 (Motion for Forensic DNA Testing) if the defendant neither received notice nor acquired actual knowledge that the trial judge signed an appealable order before the time for filing a notice of appeal had expired.

(b) Contents of Motion for Additional Time. The motion must be in writing and sworn, state the earliest date when the defendant first received notice or acquired actual knowledge that the appealable order had been signed, and comply with Rule 10.5(b)(2).

(c) When and Where to File.

(1) The motion must be filed within 30 days of the date upon which the defendant first received notice or acquired actual knowledge of the trial court’s signing of the appealable order. But in no event may the motion be filed more than 120 days after the date the appealable order was signed.

(2) The motion must be filed in the proper court of appeals.

(d) Order of the Court. The court of appeals must grant a motion for additional time if it finds that the defendant neither received notice nor acquired actual knowledge of the trial judge’s signing of an appealable order before the time for filing a notice of appeal had expired and that the defendant timely filed the motion for additional time. The time for filing the document will begin to run on the date when the court grants the motion.

TRD-201702310

Martha Newton

Rules Attorney

Supreme Court of Texas

Filed: June 13, 2017


In the Supreme Court of Texas

Misc. Docket No. 17-9062

ORDER APPROVING AMENDMENTS TO ARTICLE XII OF THE STATE BAR RULES

ORDERED that:

1. Article XII of the State Bar Rules is amended as set forth in this order. The amendments are effective immediately.

2. The Clerk is directed to:

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

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

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

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

Dated: June 13, 2017.

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Nathan L. Hecht, Chief Justice

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Paul W. Green, Justice

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Phil Johnson, Justice

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Don R. Willett, Justice

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Eva M. Guzman, Justice

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Debra H. Lehrmann, Justice

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Jeffrey S. Boyd, Justice

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John P. Devine, Justice

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Jeffrey V. Brown, Justice

Article XII-Minimum Continuing Legal Education

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Section 4. Accreditation

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G. Credit to meet the minimum educational requirement shall will be extended to attorneys who are members of the United States Congress or the Texas Legislature Senate and House of Representatives of present and future United States and Texas Legislatures for each year in which they serve.regular session in which the attorney member shall serve.

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Section 6. Minimum Educational Requirements

A. Every member must complete 15 hours of continuing legal education during each compliance year as provided by this article. No more than three credit hours may be given for completion of self-study activities during any compliance year.

B. At least three of the 15 hours must be devoted to legal ethics/professional responsibility subjects. One of the three legal ethics/professional responsibility hours may be completed through self-study.

C. A person who has elected inactive status, been suspended or disbarred, or resigned, and who desires to return to active status, must comply with the requirements of (A) and (B). The MCLE regulations may authorize the MCLE Department to automatically defer these requirements for a member who elects inactive status during a compliance year. All persons admitted, and any person who has been suspended, disbarred, or who has resigned pursuant to Article X of the State Bar Rules, or who has resigned pursuant to Article III of the State Bar Rules, or who has been suspended pursuant to Section 8 of this Article, or who has taken inactive status pursuant to Section 81.052, Texas Government Code, and who desires to return to active status shall be required, in addition to such other requirements as the State Bar Rules may contain, to comply with the requirements of Section 6(A) and 6(B) hereof.

D. Accredited continuing legal education and self-study completed within a 12-month period immediately preceding a member’s initial compliance year may be used to meet the educational requirement for the initial compliance year. Exception:Credit for the Justice James A. Baker Guide to Ethics and Professionalism in Texas, educational activity entitled "The Guide to the Basics of Law Practice," sponsored by the Texas Center for Legal Ethics and Professionalism, may count toward the MCLE requirements for a member’s initial compliance year if the course is completed anytime during the member’s third year of law school or the 12-month period preceding the member’s during the initial compliance year, may be used toward meeting the educational requirements for the initial compliance year.

E. Accredited continuing legal education and self-study completed during any compliance year in excess of the minimum 15 hour requirement for such period will be applied to the following compliance year’s requirement. This carryover provision applies to one year only.

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Section 9. Review and Appeal

A. For good cause, Aa member may file a written request anfor exemption from, or extension of time to complete, compliance with any of the requirements of this Article, , an extension of time for compliance, an extension of time to comply with a deficiency notice, or an extension of time to file an annual activity report. TheSuch request for excuse or for extension shall will be reviewed and determined by the MCLE Department under regulations promulgated by the Committee or by such of its members as the chairperson may, from time to time, designate. The member shall be promptly notified of the Committee’s decision.

B. "Good cause" shall exist when a member is unable to comply with this Article because of illness, medical disability, or other extraordinary hardship or extenuating circumstances that were not willful on the part of the member and were beyond his or her control.

C. A member may ask the Committee to review a decision of the MCLE Department by written request within thirty days of the MCLE Department’s decision. The Chair of the Committee may appoint a subcommittee to review the decision of the MCLE Department and make a recommendation to the Committee.

DC. A member may ask the Board to review the Committee’s decision by written request to the Executive Director within thirty days of the Committee’s decision. The Chair of the Board may appoint a subcommittee to review the decision of the Committee and make a recommendation to the Board. Should the decision of the Committee be adverse to the member, the member may request the Board of Directors of the State Bar to review the decision by making such request in writing to the Executive Director of the State Bar within thirty days of notification of the decision of the Committee. The Chairman of the Board may appoint a committee of the Board to review the decision of the Committee and make a recommendation to the Board. The decision shall be made by the Board.

ED. A member may challenge the Board’s decision by filing suit against the State Bar in Travis County district court. The suit must be filed within thirty days of the Board’s decision, or the Board’s decision will be final. Trial will be de novo and to the bench. The member has the burden to prove good cause by a preponderance of the evidence. Either the member or the State Bar may appeal the trial court’s judgment. Should the decision of the Board be adverse to the member, the member may appeal such decision by filing suit within thirty (30) days of notification of the Board’s action, failing which the decision of the Board shall be final. Such suit shall be brought against the State Bar, and shall be filed in a district court in Travis County, Texas. Trial shall be de novo, but (1) the burden of proof shall be on the member appealing; (2) the burden shall be by a preponderance of the evidence; and (3) the member shall prove the existence of "good cause" as defined herein. The trial court shall proceed to hear and determine the issue without a jury. Either party shall have a right to appeal.

FE. Any suspension of a member under this Article shall be vacated during the administrative review process and while any suit filed is pending.

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TRD-201702311

Martha Newton

Rules Attorney

Supreme Court of Texas

Filed: June 13, 2017


Teacher Retirement System of Texas

Notice of Informal Conference and Corrected Comment Period Deadline

Pursuant to Texas Government Code §2001.031, the Teacher Retirement System of Texas (TRS) intends to hold an informal conference to obtain the opinions and advice of interested persons about contemplated rulemaking related to Title 34, Part 3, Chapter 53 of the Texas Administrative Code. To review the proposed rules, consult the June 16th edition of the Texas Register.

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

The informal conference will be held in Austin on June 28, 2017, at 10:00 a.m., in Room E345 at TRS' headquarters located at 1000 Red River Street. Persons who have special communication or other accommodation needs who are planning to attend the conference should contact Marina Salazar at TRS at (512) 542-6423. Requests should be made as far in advance as possible.

Written comments pertaining to the contemplated rulemaking may be provided at the informal conference or by mail to the Teacher Retirement System of Texas, Attn: 403(b) Program Administrator, 1000 Red River Street, Austin, Texas 78701. Electronic comments may be submitted to 403b@trs.texas.gov. The comment period closes July 17, 2017. The comment period closing date was incorrect in the June 16th edition of the Texas Register. Please note the corrected date.

The informal conference is structured for the receipt of oral or written comments to the staff of TRS and not the Board of Trustees. Specifically, TRS staff is interested in the opinions and advice of interested persons on proposed rules related to Title 34, Part 3, Chapter 53 of the Texas Administrative Code.

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

TRD-201702327

Brian Guthrie

Executive Director

Teacher Retirement System of Texas

Filed: June 14, 2017


Texas Water Development Board

Applications for May 2017

Pursuant to Texas Water Code §6.195, the Texas Water Development Board provides notice of the following applications:

Project ID #62721, a request from Rolling Hills Water Service, Inc., 2522 Indian Gap St., Weatherford, TX 76087-1747, received September 22, 2016, for $2,333,300 in principal forgiveness from the Drinking Water State Revolving Fund to finance planning, design, and construction of water system improvements.

Project ID #62740, a request from the City of Woodbranch Village, 58-A Woodbranch, New Caney, TX 77357-0804, received January 31, 2017, for a $1,500,000 loan from the Drinking Water State Revolving Fund to finance planning, acquisition, design, and construction of water system improvements.

Project ID #62742, a request from the Crystal Clear Special Utility District, 2370 FM 1979, San Marcos, TX 78666-2100, received February 9, 2017, for a $15,000,000 loan from the Drinking Water State Revolving Fund to finance planning, acquisition, design, and construction of a water system improvements project and a request for a waiver from the requirement to include funds to mitigate water loss as part of the project.

Project ID #73737, a request from the City of Cotulla (CW), 117 N. Front St., Cotulla, TX 78014, received August 23, 2016, for a $3,350,000 loan from the Clean Water State Revolving Fund to finance planning, design, acquisition and construction of a wastewater treatment plant and system expansion project.

Project ID #62713, a request from the City of Cotulla (DW), 117 N. Front St., Cotulla, TX 78014, received August 23, 2016, for $5,545,400 in financial assistance consisting of a $3,920,000 loan and $1,625,400 in principal forgiveness from the Drinking Water State Revolving Fund to finance planning, design, and construction of water storage and pump system improvements.

Project ID #73677, a request from Angelina and Neches River Authority, P.O. Box 387, Lufkin, TX 75902-0387, received March 13, 2017, for a $1,500,000 loan from the Clean Water State Revolving Fund to finance construction of wastewater facility and collection system improvements.

Project ID #73757, a request from the City of Dallas, 1500 Marilla, 4th Floor, Dallas, TX 75201, received January 30, 2017, for a $110,000,000 multi-year loan from the Clean Water State Revolving Fund to finance design and construction of wastewater collection system improvements.

Project ID #62741, a request from the City of Dallas, 1500 Marilla, 4th Floor, Dallas, TX 75201, received January 30, 2017, for a $220,000,000 multi-year loan from the Drinking Water State Revolving Fund to finance design and construction of the rehabilitation or replacement of water mains.

Project ID #51002, a request from the Greater Texoma Utility Authority on behalf of the City of Tom Bean, 5100 Airport Dr., Denison, TX 75020-8448, received March 8, 2017, for a $135,000 loan from the Texas Water Development Fund to finance construction of a supplemental water well.

Project ID #73751, a request from the City of Rogers, P.O. Box 250, Rogers, TX 76569-0250, received September 14, 2016, for a $2,400,000 loan from the Clean Water State Revolving Fund to finance planning, design, and construction of wastewater collection and treatment system improvements and to refinance wastewater treatment plant improvements.

Project ID #62723, a request from the City of Rogers, P.O. Box 250, Rogers, TX 76569-0250, received September 22, 2016, for $2,405,000 in financial assistance consisting of a $2,205,000 loan and $200,000 in principal forgiveness from the Drinking Water State Revolving Fund to finance planning, acquisition, design, and construction of water system improvements.

Project ID #10441, a request from the City of San Juan, 709 S. Nebraska, San Juan, TX 78589, received March 3, 2017, for a $2,285,000 loan from the Clean Water State Revolving Fund to finance the construction of a wastewater collection system to provide first-time sewer service.

Project ID #73704, a request from the Town of Vinton, 436 E. Vinton Rd., Vinton, TX 79821, for $16,731,454, received September 22, 2016, for financial assistance consisting of a $5,085,000 loan and $11,646,454 in principal forgiveness from the Clean Water State Revolving Fund to finance the construction of a centralized wastewater collection system.

TRD-201702240

Todd Chenoweth

General Counsel

Texas Water Development Board

Filed: June 7, 2017


Workforce Solutions Deep East Texas

Public Notice

Request for Quotes #17- 356

The Deep East Texas Local Workforce Development Board dba Workforce Solutions Deep East Texas is seeking quotes for the Independent Reviewer of Proposals for Management and Operation of the Deep East Texas Workforce Centers.

A Request for Proposals (RFP) #17-04 Workforce Operator was issued for management and operation of the Deep East Texas workforce centers. A copy of the RFP is available on the Board's website at www.detwork.org. In order to provide a thorough evaluation the Board will utilize the services of independent reviewers.

A copy of the RFQ #17-356 is available on the Boards website at www.detwork.org.

The Deep East Texas Local Workforce Development Board plans, oversees, and evaluates employment and training services to Angelina, Jasper, Newton, Nacogdoches, Houston, Trinity, Shelby, Polk, San Augustine, San Jacinto, Sabine, and Tyler Counties.

Deadline for submission of Quotes: 3:00 p.m. CST, June 12, 2017

Requests for copies of the RFQ can be made to:

Kim Moulder, Staff Services Officer

Workforce Solutions - Deep East Texas

415 South First Street, Suite 110B

Lufkin, Texas 75901

Phone: (936) 639-8898 Fax: (936) 633-7491

Email: kmoulder@detwork.org

OR the RFQ can be accessed at:

www.detwork.org

TRD-201702237

Mark Durand

Executive Director

Workforce Solutions Deep East Texas

Filed: June 7, 2017