IN ADDITION

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/20/17 - 03/26/17 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/20/17 - 03/26/17 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-201701058

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 14, 2017


Texas Education Agency

Correction of Error

The Texas Education Agency adopted amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter AA, Commissioner's Rules Concerning Special Education Services, Division 2, Clarification of Provisions in Federal Regulations and State Law, and Division 7, Dispute Resolution. The amendments were published in the March 17, 2017 issue of the Texas Register (42 TexReg 1247).

Due to error by the Texas Education Agency, the summary of public comments inadvertently attributed two comments to the Texas State Teachers Association. However, the comments should have been attributed to the Texas Classroom Teachers Association. The Texas Classroom Teachers Association submitted the following comments.

Comment: The Texas Classroom Teachers Association (TCTA), Disability Rights Texas (DRTx), and a parent who is a member of the Coalition of Texans With Disabilities and of the Down Syndrome Association of Central Texas recommended that 19 TAC §89.1050(c)(1)(B) be amended to include language requiring the regular education teacher who is a member of a student's admission, review, and dismissal (ARD) committee be, to the extent practicable, a teacher who is responsible for implementing a portion of the student's individualized education program (IEP).

Agency Response: The agency agrees and has modified §89.1050(c)(1)(B) at adoption.

Comment: TCTA and DRTx recommended that §89.1075(d) be amended to include language requiring school districts to develop a process for teachers who instruct a student with a disability to provide input into the development of the student's IEP.

Agency Response: This comment is outside the scope of the proposed rulemaking. However, the recommended change is included as a requirement in the Texas Education Code, §29.001(11)(B), to which school districts and charter schools must adhere.

TRD-201701052


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 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 April 24, 2017. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: Aaron Echaniz; DOCKET NUMBER: 2017-0237-LII-E; IDENTIFIER: RN109435370; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: irrigator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(2) COMPANY: Azteca Milling, L.P.; DOCKET NUMBER: 2016-1945-AIR-E; IDENTIFIER: RN100215086; LOCATION: Plainview, Hale County; TYPE OF FACILITY: corn milling plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Federal Operating Permit Number O3468, General Terms and Conditions, and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit a Permit Compliance Certification no later than 30 days after the end of the certification period; 30 TAC §116.110(a) and §116.116(b)(1) and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit amendment prior to commencing construction of additional sources of air contaminants; and 30 TAC §116.315(a) and THSC, §382.085(b), by failing to submit an application for renewal at least six months prior to the expiration of a permit; PENALTY: $29,626; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(3) COMPANY: Brian Keith Black; DOCKET NUMBER: 2016-2073-MSW-E; IDENTIFIER: RN109153502; LOCATION: Orange, Orange County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW); RULE VIOLATED: 30 TAC §330.15(a), by failing to not cause, suffer, allow, or permit the collection, storage, transportation, processing, or disposal of MSW; PENALTY: $1,187; ENFORCEMENT COORDINATOR: Steven Stump, (512) 239-1343; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(4) COMPANY: Buckeye Texas Processing LLC; DOCKET NUMBER: 2016-1855-IWD-E; IDENTIFIER: RN106620438; LOCATION: Corpus Christi, Nueces County; TYPE OF FACILITY: crude oil refining facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0005024000, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, Outfall Numbers 201 and 301, by failing to comply with permitted effluent limitations; PENALTY: $4,387; ENFORCEMENT COORDINATOR: James Boyle, (512) 239-2527; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(5) COMPANY: City of Big Sandy; DOCKET NUMBER: 2016-2141-PWS-E; IDENTIFIER: RN101389625; LOCATION: Big Sandy, Upshur County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required 20 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; and 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 ED; PENALTY: $802; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(6) COMPANY: City of Boerne; DOCKET NUMBER: 2016-1648-MWD-E; IDENTIFIER: RN105653398; LOCATION: Boerne, Kendall County; TYPE OF FACILITY: wastewater treatment and recycling facility; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(b)(14)(ix) and (c), by failing to obtain authorization under a Texas Pollutant Discharge Elimination System (TPDES) General Permit to discharge stormwater associated with wastewater treatment; 30 TAC §305.125(1) and (5), and §319.9(a) and TPDES Permit Number WQ0010066002, Definitions and Standard Permit Conditions Number 3.a., by failing to properly calculate effluent loading results from flow-proportional composite samples; 30 TAC §210.25(b)(1) and TPDES Permit Number WQ0010066002, General Requirements, Number 1, by failing to place signage at all areas where reclaimed water is stored or where there exist hose bibs or faucets; and 30 TAC §217.327, by failing to mark hydrants and outlets for non-potable water in both English and Spanish reading NON-POTABLE WATER, DO NOT DRINK and NO BEBA EL AGUA; PENALTY: $17,601; Supplemental Environmental Project offset amount of $14,081; ENFORCEMENT COORDINATOR: Melissa Castro, (512) 239-0855; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(7) COMPANY: City of Littlefield; DOCKET NUMBER: 2017-0092-MSW-E; IDENTIFIER: RN102217593; LOCATION: Littlefield, Lamb County; TYPE OF FACILITY: type IV arid exempt landfill; RULES VIOLATED: 30 TAC §330.131 and municipal solid waste Permit Number 1298, Site Operating Plan Section 10.1 Accesss Control, Site Security, by failing to control access to the facility by means of artificial barriers, natural barriers, or a combination of both, appropriate to protect human health and safety and the environment; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(8) COMPANY: City of Redwater; DOCKET NUMBER: 2016-1795-PWS-E; IDENTIFIER: RN101387421; LOCATION: Redwater, Bowie County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.5 milligrams per liter of total chlorine throughout the distribution system at all times; PENALTY: $225; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(9) COMPANY: City of Refugio; DOCKET NUMBER: 2016-1838-PWS-E; IDENTIFIER: RN101387256; LOCATION: Refugio, Refugio County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.121(a) and (b), by failing to maintain a complete and up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; 30 TAC §290.119(a)(2), by failing to analyze samples used to determine compliance with the treatment technique requirements and maximum residual disinfectant levels by a laboratory approved by the executive director; and 30 TAC §290.46(j), by failing to complete a customer service inspection certificate prior to providing continuous service to new construction or any existing service when the water purveyor has reason to believe that cross connections or other potential contamination hazards exist; PENALTY: $329; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(10) COMPANY: Dale K. Farrow; DOCKET NUMBER: 2016-2071-WQ-E; IDENTIFIER: RN106727043; LOCATION: Ponta, Cherokee County; TYPE OF FACILITY: aggregate production operation; RULES VIOLATED: TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of industrial wastewater into or adjacent to any water in the state; 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to develop and implement a Stormwater Pollution Prevention Plan at the Site, in accordance with Texas Pollutant Discharge Elimination System Multi-Sector General Permit TXR050000 for industrial facilities; and 30 TAC §321.64, by failing to divert all uncontaminated runoff around wastewater treatment and retention facilities; PENALTY: $2,764; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(11) COMPANY: Del Valle Independent School District; DOCKET NUMBER: 2016-2053-MWD-E; IDENTIFIER: RN104416383; LOCATION: Creedmoor, Travis County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §30.350(d), (e), and (j) and §305.125(1) and TCEQ Permit Number WQ0014567002, Special Provisions Number 2, by failing to employ or contract with one or more licensed wastewater treatment facility operators or wastewater system operations companies holding a valid license or registration; and TWC, §26.121(a)(1) and 30 TAC §305.42(a) and §305.65, by failing to maintain authorization to discharge wastewater into or adjacent to any water in the state; PENALTY: $17,876; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(12) COMPANY: E. S. WATER UTILITY CONSOLIDATORS INCORPORATED; DOCKET NUMBER: 2017-0010-PWS-E; IDENTIFIER: RN101253128; LOCATION: Conroe, Montgomery County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3) and §290.122(c)(2)(A) and (f), by failing to timely submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the executive director (ED) each quarter by the tenth day of the month following the end of the quarter for the first quarter of 2016, and failing provide to public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR for the first quarter of 2016; 30 TAC §290.117(f)(1)(A)(ii) and (i)(7) and §290.122(b)(2)(A) and (f), 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, 2014 - December 31, 2014, monitoring period in which the system exceeded the lead action level and failed to provide public notification and submit a copy of the public notification to the ED regarding the failure to perform and submit a corrosion control study; and 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; PENALTY: $187; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(13) COMPANY: Explorer Pipeline Company; DOCKET NUMBER: 2016-2092-AIR-E; IDENTIFIER: RN100225432; LOCATION: Houston, Harris County; TYPE OF FACILITY: pipeline breakout station; RULES VIOLATED: 30 TAC §122.132(d)(2) and §122.143(4) and Texas Health and Safety Code, §382.085(b), by failing to include the preconstruction authorizations that are applicable to emission units at the Site in the Federal Operating Permit renewal application; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-4575; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: Gardendale Mobile Home Park, LLC; DOCKET NUMBER: 2016-1753-PWS-E; IDENTIFIER: RN101197283; LOCATION: Gardendale, Ector County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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 executive director (ED) regarding the failure to conduct routine coliform monitoring and the failure to submit the Disinfectant Level Quarterly Operating Report (DLQOR); 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 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 §§290.46(f)(4), 290.106(e), and 290.122(c)(2)(A) and (f), by failing to report the results of asbestos sampling to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to report the results of asbestos sampling to the ED; and 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a DLQOR to the ED each quarter by the tenth day of the month following the end of each quarter; PENALTY: $1,036; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(15) COMPANY: Intercontinental Terminals Company LLC; DOCKET NUMBER: 2016-1917-AIR-E; IDENTIFIER: RN100210806; LOCATION: La Porte, Harris County; TYPE OF FACILITY: liquid storage tank farm; RULES VIOLATED: 30 TAC §101.201(c) and §122.143(4), Federal Operating Permit (FOP) Number O1061, Special Terms and Conditions (STC) Number 2.F, and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit a final record within 14 days after the end of the emissions event; 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP Number O1061, STC Number 14, THSC, §382.085(b), and New Source Review Permit Number 1078, Special Conditions Number 5, by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and §122.143(4), FOP Number O1061, STC Number 2.F, and THSC, §382.085(b), by failing to submit the initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event; PENALTY: $4,251; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: JACKSON WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-2004-PWS-E; IDENTIFIER: RN101177194; LOCATION: Tyler, Smith County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.20 milligrams per liter of free chlorine throughout the distribution system at all times; PENALTY: $150; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(17) COMPANY: JPM Business Incorporated dba Grab N Go Foodmart 6; DOCKET NUMBER: 2016-1989-PST-E; IDENTIFIER: RN101792141; LOCATION: Van, Van Zandt County; TYPE OF FACILITY: retail convenience facility; 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; and 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(18) COMPANY: Odfjell Terminals (Houston) Incorporated; DOCKET NUMBER: 2016-1081-AIR-E; IDENTIFIER: RN100218411; LOCATION: Seabrook, Harris County; TYPE OF FACILITY: organic liquid storage terminal; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), Texas Health and Safety Code (THSC), §382.085(b), New Source Review (NSR) Permit Number 8865, Special Conditions (SC) Number 1, and Federal Operating Permit (FOP) Number O3027, Special Terms and Conditions (STC) Number 17, by failing to maintain nitrogen oxides and volatile organic compounds emissions below the permitted annual emissions rates for the Operating Flare, Emissions Point Number (EPN) FL-1; 30 TAC §116.115(c) and §122.143(4), THSC, §382.085(b), NSR Permit Number 8865, SC Number 14D, and FOP Number O3027, STC Number 17, by failing to maintain the net heating value of gas combusted in the Operating Flare, EPN FL-1, greater than or equal to 300 British thermal units per standard cubic foot; and 30 TAC §122.143(4) and §122.145(2)(A), THSC, §382.085(b), and FOP Number O3027, General Terms and Conditions, by failing to report all instances of deviations; PENALTY: $69,555; Supplemental Environmental Project offset amount of $27,822; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(19) COMPANY: PADDY'S ONE-STOP, INCORPORATED; DOCKET NUMBER: 2016-1925-PST-E; IDENTIFIER: RN101557775; LOCATION: Carrollton, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(1)(B), by failing to maintain underground storage tank (UST) records and make them immediately available for inspection upon request by agency personnel; 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: $8,250; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Parker County; DOCKET NUMBER: 2015-0912-WQ-E; IDENTIFIER: RN105457998; LOCATION: Weatherford, Parker County; TYPE OF FACILITY: municipal separate storm sewer system; RULES VIOLATED: 30 TAC §305.125(1), 40 Code of Federal Regulations §122.34(g)(3), and Texas Pollutant Discharge Elimination System General Permit Number TXR040393 Part IV, Section B(2), by failing to submit a concise annual report to the executive director by March 13, 2015; PENALTY: $938; ENFORCEMENT COORDINATOR: Had Darling, (512) 239-2520; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: SMITH INTERNATIONAL, INCORPORATED; DOCKET NUMBER: 2016-1476-PWS-E; IDENTIFIER: RN104100177; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(i)(5) and (k) and §290.122(b)(2)(B) and (f), and 40 Code of Federal Regulations (CFR) §141.85(a) and (b) and §141.90(f)(1), by failing to deliver the public education materials following the lead action level exceedance that occurred during the January 1, 2013 - December 31, 2015, monitoring period and failing to provide the executive director (ED) with copies of the public education materials and certification that distribution of said materials is being conducted in a manner consistent with TCEQ requirements, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to deliver the public education materials; 30 TAC §290.117(d)(2)(A), (h), and (i)(2) and §290.122(c)(2)(A) and (f) and 40 CFR §141.88 and §141.90(b), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2013 - December 31, 2015, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the ED, and 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, 2013 - December 31, 2015 monitoring period; 30 TAC §290.117(g)(2)(A) and §290.122(b)(2)(B) and (f) and 40 CFR §141.83 and §141.90(d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2013 - 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(f)(3)(A) and §290.122(b)(2)(B) and (f) and 40 CFR §§141.81(e)(1), 141.82(a), and 141.90(c)(2), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2013 - 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 optimal corrosion control treatment; 30 TAC §290.117(e)(2), (h), and (i)(3) and 40 CFR §141.87 and §141.90(a), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample site for the first six-month period following the January 1, 2013 - December 31, 2015, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the ED; and 30 TAC §290.117(i)(6) and (j) and 40 CFR §141.85(d) and §141.90(f)(3), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed for the January 1, 2016 - June 30, 2016, monitoring period; PENALTY: $575; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(22) COMPANY: Targa Pipeline Mid-Continent WestTex LLC; DOCKET NUMBER: 2016-1908-AIR-E; IDENTIFIER: RN100215714; LOCATION: Midkiff, Reagan County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Texas Health and Safety Code, §382.085(b), and Federal Operating Permit Number O3120, General Terms and Conditions and Special Terms and Conditions Number 10, by failing to submit a permit compliance certification no later than 30 days after the end of the certification period; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(23) COMPANY: Terra Verde Utility Company, LLC; DOCKET NUMBER: 2016-1905-MWD-E; IDENTIFIER: RN102681483; LOCATION: Hockley, Waller 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 WQ0014901001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $7,000; ENFORCEMENT COORDINATOR: James Boyle, (512) 239-2527; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(24) COMPANY: Troy D. Montgomery; DOCKET NUMBER: 2017-0012-LII-E; IDENTIFIER: RN105005938; LOCATION: Granbury, Hood County; TYPE OF FACILITY: landscaping business; RULES VIOLATED: 30 TAC §344.24(a) and §344.35(d)(2) and (3), by failing to comply with local landscape irrigation regulations for permitting or inspections as required by the city, town, county, special purpose district, public water supply, or political subdivision of the state; and 30 TAC §344.63(4), by failing to comply with the requirements for a completed installation of an irrigation system; PENALTY: $226; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(25) COMPANY: Wendell Edmonson; DOCKET NUMBER: 2017-0238-WOC-E; IDENTIFIER: RN109498444; LOCATION: Edmonson, Hale County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

TRD-201701060

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 14, 2017


Enforcement Orders

An agreed order was adopted regarding Zahn Enterprises, Inc. d/b/a C & D Waste Landfill, Docket No. 2015-1124-MSW-E on March 14, 2017, assessing $2,813 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Elizabeth Harkrider, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding causeway marina llc, Docket No. 2016-0894-PST-E on March 14, 2017, assessing $3,505 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Isaac Ta, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Mcdade Valero LLC dba MNJ Grocery, Docket No. 2016-0703-PST-E on March 14, 2017, assessing $3,563 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Sidak's Petro Inc d/b/a Sidak's Petro, Docket No. 2016-0606-PST-E on March 14, 2017, assessing $2,981 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Z & H ENTERPRISES INC d/b/a 5 CORNERS FOOD MART, Docket No. 2016-1094-PST-E on March 14, 2017, assessing $5,005 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Eric Grady, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201701085

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 15, 2017


Notice of District Petition

Notice issued February 21, 2017

TCEQ Internal Control No. D-12292016-032; Broad Reach Partners II, LP and Broad Reach Partners III, LP (Petitioners) filed a petition for creation of Brazoria County Municipal Utility District No. 66 (District) with the 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 Petitioners holds title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 147.37 acres located within Brazoria County, Texas; and (4) all of the land within the proposed District is within the corporate limits of the City of Manvel, Texas, and no portion of the 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. 2011-R-05, passed and approved May 9, 2011, and by Resolution No. 2015-R-18 amending Resolution No. 2011-R-05, passed and approved on May 11, 2015, the City of Manvel, Texas, 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: (1) purchase, construct, acquire, maintain and operate waterworks and sanitary sewer system for commercial and residential purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the proposed District; (3) control, abate and amend local storm waters or other local harmful excesses of waters; (4) road facilities; and (5) purchase, construct, acquire, improvement, maintain and operate such additional facilities, systems, plants and enterprises as shall be consistent with all of the purposes for which the proposed District is created, all as more particularly described in an engineer's report filed simultaneously with the filing of this petition. 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 $17,945,000 ($14,670,000 utilities plus $2,110,000 roads plus $1,165,000 parks and recreational facilities).

INFORMATION SECTION.

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

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

TRD-201701082

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 15, 2017


Notice of Hearing

HONEY HOLDING I LTD.

SOAH Docket No. 582-17-1839

TCEQ Docket No. 2016-1284-IWD

Permit No. WQ0005155000

APPLICATION.

Honey Holding I Ltd., 11711 Interstate 10 East, Baytown, Texas 77523, which operates Honey Solutions, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0005155000 to authorize the discharge of honey container washwater at a daily average flow not to exceed 5,000 gallons per day via Outfall 001. The TCEQ received this application on January 15, 2015.

The facility is located on the north frontage road at 11711 Interstate 10 East, approximately 2 miles east of the intersection of Interstate 10 and State Highway 146 South, in Baytown, Chambers County, Texas 77523. The effluent is discharged to a roadside ditch; thence to Cedar Bayou Tidal in Segment No. 0901 of the Trinity-San Jacinto Coastal Basin. The unclassified receiving waters have minimal aquatic life use for the roadside ditch. The designated uses for Segment No. 0901 are high aquatic life use and primary contact recreation.

In accordance with Title 30 Texas Administrative Code (TAC) Section 307.5 and the TCEQ implementation procedures (June 2010) for the Texas Surface Water Quality Standards, 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. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Cedar Bayou Tidal, which has been identified as having high aquatic life uses. 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 West Chambers Library, 10616 Eagle Drive, Mont Belvieu, 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=29.823888&lng=-94.8775&zoom=13&type=4>.

For the exact location, refer to the application.

CONTESTED CASE HEARING.

The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

9:00 a.m. - May 12, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The contested case hearing will be a legal proceeding 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 November 30, 2016. 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 Honey Holding I Ltd., at the address stated above or by calling Mr. Gordon Brown, Sr. Vice President, at (281) 576-1700.

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: March 10, 2017

TRD-201701087

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 15, 2017


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 24, 2017. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239 3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 24, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239 3434. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the DO shall be submitted to the commission in writing.

(1) COMPANY: David P. Dey d/b/a Wildwood Mobile Home Village; DOCKET NUMBER: 2016-0746-PWS-E; TCEQ ID NUMBER: RN101193357; LOCATION: 5501 East Farm-to-Market Road 40 (also known as Acuff Road) near Lubbock, Lubbock County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code (THSC), §341.0315(c) and 30 TAC §290.45(b)(1)(C)(ii), by failing to provide a total storage capacity of 200 gallons per connection; THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(C)(iii), by failing to provide at least two service pumps with a total capacity of 2.0 gallons per minute per connection; 30 TAC §290.46(s)(1), by failing to calibrate the facility's two well meters at least once every three years; 30 TAC §290.46(u), by failing to either plug and seal an abandoned public water supply well in accordance with 16 TAC Chapter 76 or submit the test results proving that the well is in a non-deteriorated condition; TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay Public Health Service fees and associated late fees for TCEQ Financial Administration Account Number 91520046; 30 TAC §290.106(c)(4) and (e), by failing to collect arsenic samples and report the results to the executive director (ED); 30 TAC §290.106(c)(6) and (e), by failing to collect nitrate samples and report the results to the ED; 30 TAC §290.117(c)(2)(A), (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; 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 provide a Disinfectant Level Quarterly Operating Report to the ED; and 30 TAC §290.122(b)(3)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to comply with the maximum contaminant level for arsenic; PENALTY: $3,939; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

TRD-201701056

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 14, 2017


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

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711 3087 and must be received by 5:00 p.m. on April 24, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: 3AR INC d/b/a HANDERSON TEXACO FOOD MART a/k/a Quickway; DOCKET NUMBER: 2016-0754-PST-E; TCEQ ID NUMBER: RN101573665; LOCATION: 101 South Ector Drive, Euless, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $3,375; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Bassam Zahra d/b/a Saveway FS; DOCKET NUMBER: 2016-0627-PST-E; TCEQ ID NUMBER: RN102355690; LOCATION: 1802 Southeast 14th Street, Grand Prairie, Dallas County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any changes or additional information regarding the UST system within 30 days of the date of occurrence of the change or addition; TWC, §26.3475(d) and 30 TAC §334.49(c)(2)(C), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure the rectifier and other system components are operating properly; TWC, §26.3475(d) and 30 TAC §334.49(c)(4)(C), by failing to inspect and test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; and 30 TAC §334.54(b)(2), by failing to maintain all piping, pumps, manways, tank access points, and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $9,015; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Buddys Investment Inc d/b/a Flash Mart Walnut; DOCKET NUMBER: 2016-1771-PST-E; TCEQ ID NUMBER: RN102713377; LOCATION: 2410 Walnut Hill Lane, Dallas, Dallas County; TYPE OF FACILITY: underground storage tank system and a convenience store with retail sales of gasoline; RULES VIOLATED: Texas Health and Safety Code, §382.085(b) and 30 TAC §115.241(b)(4), by failing to submit the Stage II decommissioning checklist and submittal form with applicable results to the TCEQ no later than ten calendar days after the decommissioning activity at the station; PENALTY: $1,937; STAFF ATTORNEY: Elizabeth Lieberknecht, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: JAYALAKSHMI GROUP LLC dba Seguin Food Mart; DOCKET NUMBER: 2016-0965-PST-E; TCEQ ID NUMBER: RN102833704; LOCATION: 945 South Austin Street, Seguin, Guadalupe County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $2,438; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Nasser Farahnakian d/b/a Sunrise Food Mart; DOCKET NUMBER: 2015-1773-PST-E; TCEQ ID NUMBER: RN105837108; LOCATION: 9001 Highway 44, Corpus Christi, Nueces County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) and 30 TAC §334.74, by failing to investigate a suspected release of regulated substance within 30 days of discovery; PENALTY: $27,000; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: Corpus Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(6) COMPANY: Sunwest Grocery, LLC; DOCKET NUMBER: 2016-1539-PST-E; TCEQ ID NUMBER: RN101556256; LOCATION: 3324 Luisa Lane, Alvarado, Johnson County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $3,375; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201701055

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 14, 2017


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

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 24, 2017. The commission will consider any written comments received and the commission may withdraw or withhold approval of an S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711 3087 and must be received by 5:00 p.m. on April 24, 2017. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.

(1) COMPANY: Benton Rainey dba Delta Family Mart; DOCKET NUMBER: 2016-0964-PST-E; TCEQ ID NUMBER: RN102839560; LOCATION: 301 West Dallas Avenue, Cooper, Delta County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.602(a), by failing to designate, train, and certify at least one individual for each class of operator - Class A, B, and C - for the facility; and 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $7,500; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: Rakesh Jain d/b/a Sea Isle Supermarket; DOCKET NUMBER: 2016-0899-PST-E; TCEQ ID NUMBER: RN102849981; LOCATION: 22220 San Luis Pass Road, Galveston, Galveston County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition; and TWC, §26.3475(c)(1) and (d); 30 TAC §§334.49(a)(2) and (c)(4)(C); 334.50(b)(1)(A); and 334.54(b)(2) and (c)(1) and (2), by failing to properly temporarily remove the UST system from service; PENALTY: $5,598; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Robin Annette Wiley and Kenneth D. Wiley d/b/a Wileys Food Store; DOCKET NUMBER: 2016-1190-PST-E; TCEQ ID NUMBER: RN101894400; LOCATION: 502 South Bryan Avenue, Lamesa, Dawson County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; 30 TAC §334.74, by failing to investigate a suspected release within 30 days of discovery; and TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; PENALTY: $28,606; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Midland Regional Office, 9900 W IH-20, Suite 100, Midland, Texas 79706-5406, (432) 570-1359.

(4) COMPANY: SUHA ENTERPRISES INC d/b/a Diamond Food Mart; DOCKET NUMBER: 2016-1087-PST-E; TCEQ ID NUMBER: RN101781862; LOCATION: 3098 East Commerce Street, San Antonio, Bexar County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.602(a), by failing to identify and designate at least one named individual for each class of operator - Class A, B, and C - for the facility; PENALTY: $10,629; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-201701054

Kathleen C. Decker

Director, Litigation Division

Texas Commission of Environmental Quality

Filed: March 14, 2017


Notice of Public Hearings on Proposed Revisions to 30 TAC Chapter 101 and to the State Implementation Plan

The Texas Commission on Environmental Quality (commission) will conduct public hearings to receive testimony regarding proposed revisions to 30 TAC Chapter 101, General Air Quality Rules, §§101.300, 101.302 - 101.304, 101.306, 101.370, 101.372 - 101.374, and 101.376, and corresponding revisions to the state implementation plan (SIP) under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102 of the United States Environmental Protection Agency concerning SIPs.

The proposed rulemaking revises the Emissions Reduction Credit and Discrete Emissions Reduction Credit Programs to address implementation issues that were identified with the generation of emissions credits for area and mobile sources.

The commission will hold public hearings on this proposal in Houston on April 18, 2017 at 2:00 p.m. in the Auditorium of the Texas Department of Transportation located at 7600 Washington Avenue; in Arlington on April 19, 2017 at 10:00 a.m. in the Transportation Council Room at North Central Texas Council of Governments located at 616 Six Flags Drive; and in Austin on April 20, 2017 at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearings are structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearings; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearings.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or 1-800-RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Derek Baxter, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2016-041-101-AI. The comment period closes April 24, 2017. Copies of the proposed rulemaking can be obtained from the commission's website at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Guy Hoffman, Air Quality Section, (512) 239-1981.

TRD-201700998

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: March 10, 2017


Notice of Water Rights Application

Notices issued March 8, 2017

APPLICATION NO. 13183; San Jacinto River Authority, P.O. Box 329, Conroe, Texas 77305, Applicant, seeks a Water Use Permit to authorize the use of the bed and banks of the West Fork San Jacinto River, San Jacinto River Basin to convey its surface water-based return flows actually discharged by the City of Conroe for subsequent diversion and use for municipal, industrial, agricultural, and mining purposes in its service area in Montgomery and Harris Counties. The application and partial fees were received on February 12, 2015. Additional information and fees were received on May 11, 2015, and February 1, 2016. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on February 17, 2016, and amended on May 4, 2016. The Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions, including, but not limited to, streamflow restrictions and a requirement that Applicant may only divert daily surface water based return flows that are actually discharged. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided below by April 7, 2017.

APPLICATION NO. 12788; The City of Conroe, P.O. Box 3066, Conroe, Texas 77305, Applicant, seeks a Water Use Permit to authorize the use of the bed and banks of the West Fork San Jacinto River, San Jacinto River Basin to convey return flows for subsequent diversion and use for municipal, industrial, and agricultural purposes in Montgomery County. The application and fees were received on October 19 and November 18, 2011. Additional information was received on April 27, May 9, and May 15, 2012, April 8, May 23, and June 20, 2014, July 30, August 12, and September 8, 2015. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on May 16, 2012, and amended on January 27, 2016. Additional information was received on January 27, April 4, July 7, August 29, and October 3, 2016. The Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions, including, but not limited to, streamflow restrictions and a requirement that Applicant may only divert daily groundwater-based return flows that are actually discharged. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided below by April 7, 2017.

APPLICATION NO. 08-2410J; North Texas Municipal Water District, P.O. Box 2408, Wylie, Texas 75098, Applicant, seeks to amend Certificate of Adjudication No. 08-2410 to modify the currently authorized limits on overdrafting the firm yield of Lake Lavon on the East Fork Trinity River, Trinity River Basin, Collin County. The application and partial fees were received on July 7, 2016. Additional information and fees were received on August 19 and September 15 and 16, 2016. The application was declared administratively complete and filed with the Office of the Chief Clerk on October 4, 2016. The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include special conditions, including, but not limited to, maintenance of an accounting plan. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided below by April 7, 2017.

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 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.

Issued in Austin, Texas on March 14, 2017

TRD-201701080

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 15, 2017


Texas Ethics Commission

List of Late Filers

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

Deadline: Lobby Activities Report due January 10, 2017

Charles Briscoe, 6910 Twin Crest Dr., Austin, Texas 78752

Ben Campbell, 12660 Lost Prairie Dr., Fort Worth, Texas 76244

Bryon Andrew Campbell, 900 Grange Hall Dr. #3103, Euless, Texas 76039

James Andrew Campbell, P.O. Box 195892, Dallas, Texas 75219

Wil Galloway, 408 W. 14th St., Austin, Texas 78701

Anthony Haley, 1212 Guadalupe, Ste. 1003, Austin, Texas 78701

Tony Hernandez, 404 Rio Grande St. #121, Austin, Texas 78701

Jayne Lawler, 807 Parchell, Houston, Texas 77009

Zachary Male, 12885 Research Blvd., Ste. 204, Austin, Texas 78750

E. Lee Parsley, 1621-B Enfield Rd., Austin, Texas 78703

Ross Peavey, Capitol Station, Box 12715, Austin, Texas 78711

Vanus J. Priestley, P.O. Box 200194, Austin, Texas 78720

Todd M. Smith, 2204 Hazeltine Ln., Austin, Texas 78747

Alma Walzer, 1012 Bryce Dr., Mission, Texas 78572

Michael J. Warner, 4727 Arvilla, Houston, Texas 77021

TRD-201700954

Seana Willing

Executive Director

Texas Ethics Commission

Filed: March 9, 2017


Texas Facilities Commission

Request for Proposals #303-8-20599

The Texas Facilities Commission (TFC), on behalf of the Office of the Attorney General (OAG), announces the issuance of Request for Proposals (RFP) #303-8-20599. TFC seeks a five (5) or ten (10) year lease of approximately 5,870 square feet of office space in Addison, Dallas, or Richardson, Texas.

The deadline for questions is April 5, 2017, and the deadline for proposals is April 19, 2017, at 3:00 p.m. The award date is May 17, 2017. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=131498.

TRD-201700945

Kay Molina

General Counsel

Texas Facilities Commission

Filed: March 8, 2017


Request for Proposals #303-9-20600

The Texas Facilities Commission (TFC), on behalf of the Department of State Health Services (DSHS), announces the issuance of Request for Proposals (RFP) #303-9-20600. TFC seeks a five (5) or ten (10) year lease of approximately 13,457 square feet of office space in Amarillo, Randall County, Texas.

The deadline for questions is April 7, 2017 and the deadline for proposals is April 21, 2017 at 3:00 p.m. The award date is May 17, 2017. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=131618.

TRD-201701071

Kay Molina

General Counsel

Texas Facilities Commission

Filed: March 14, 2017


Texas Department of Insurance

Company Licensing

Application for AMERICAN PHOENIX LIFE AND REASSURANCE COMPANY, a foreign life, accident and/or health company, to change its name to EQUITABLE NATIONAL LIFE INSURANCE COMPANY, INC. The home office is in Salt Lake City, Utah.

Application to do business in the State of Texas by WALDEN DENTAL PLANS, INC., a domestic health maintenance organization. The home office is in Houston, Texas.

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

TRD-201700901

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: March 8, 2017


Texas Department of Licensing and Regulation

Enforcement Plan - Orthotists and Prosthetists Penalty Matrix

The Texas Commission of Licensing and Regulation (Commission) provides this public notice that at their regularly scheduled meeting held March 1, 2017, the Commission adopted the Texas Department of Licensing and Regulation's (Department) revised enforcement plan which was established in compliance with Texas Occupations Code, §51.302(c).

The enforcement plan gives all license holders notice of the specific ranges of penalties and license sanctions that apply to specific alleged violations of the statutes and rules enforced by the Department. The enforcement plan also presents the criteria that are considered by the Department's Enforcement staff in determining the amount of a proposed administrative penalty or the magnitude of a proposed sanction. The enforcement plan is revised to include the penalty matrix for the Orthotists and Prosthetists program.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which transferred regulatory authority of 13 programs, to include Orthotists and Prosthetists from the Texas Department of State Health Services to the Commission and Department. The Orthotists and Prosthetists penalty matrix provides for a single range of penalties for each class to eliminate confusion and allow the industry to fully understand the penalties assessed. The matrix separates standard of care violations from the others to allow for an expert witness, when needed, to assist the Department in understanding the violation. This penalty matrix may differ slightly from others as the agency focuses on aligning strategic plan goals with agency resources.

The Advisory Board of Orthotists and Prosthetists recommended approval of the revised matrix at their meeting held January 20, 2017. The penalty matrix was presented to the Commission on March 1, 2017, and was adopted as recommended.

A copy of the revised enforcement plan is posted on the Department's website and may be downloaded at www.tdlr.texas.gov. You may also contact the Enforcement Division at (512) 539-5600 or by e-mail at enforcement@tdlr.texas.gov to obtain a copy of the revised plan.

Revised Enforcement Plan (.pdf)

TRD-201701084

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: March 15, 2017


Texas Lottery Commission

Scratch Ticket Game Number 1828 "Texas Loteria"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1828 is "TEXAS LOTERIA". The play style is "row/column/diagonal".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1828 shall be $3.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1828.

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 and THE SADDLE SYMBOL.

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

Figure 1: Game No. 1828 - 1.2D (.pdf)

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

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1828), 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: 1828-0000001-001.

H. Pack - A Pack of the "TEXAS LOTERIA" 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 Game Ticket, Scratch Ticket or Ticket - Texas Lottery "TEXAS LOTERIA" Scratch Ticket Game No. 1828.

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 "TEXAS LOTERIA" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 30 (thirty) Play Symbols. The player scratches the CALLER'S CARD area to reveal 14 symbols. The player scratches ONLY the symbols on the PLAY BOARD that match the symbols revealed on the CALLER'S CARD. If the player reveals a complete row, column or diagonal line, the player wins the prize for that line. El jugador raspa las CARTA DEL GRITON para revelar 14 símbolos. El jugador raspa SOLAMENTE los símbolos en la TABLA DE JUEGO que son iguales a los símbolos revelados en las CARTA DEL GRITON para revelar una línea completa horizontal, vertical o diagonal para ganar el premio para esa línea. 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 30 (thirty) 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 30 (thirty) 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 30 (thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 30 (thirty) 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 three (3) 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.

C. No matching Play Symbols in the CALLER'S CARD play area.

D. At least eight (8), but no more than twelve (12), CALLER'S CARD Play Symbols will match a symbol on the PLAY BOARD play area on a Ticket.

E. CALLER'S CARD 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 PLAY BOARD play area.

2.3 Procedure for Claiming Prizes.

A. To claim a "TEXAS LOTERIA" Scratch Ticket Game prize of $3.00, $4.00, $7.00, $10.00, $17.00, $20.00, $30.00, $33.00, $50.00, $80.00 or $300, 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, $33.00, $50.00, $80.00 or $300 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 "TEXAS LOTERIA" Scratch Ticket Game prize of $3,000 or $50,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "TEXAS 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 "TEXAS 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 "TEXAS 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 Prizes. There will be approximately 40,800,000 Scratch Tickets in Scratch Ticket Game No. 1828. The approximate number and value of prizes in the game are as follows:

Figure 2: Game No. 1828 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1828 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. 1828, 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-201701090

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 15, 2017


Scratch Ticket Game Number 1850 "COMBO PLAY"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1850 is "COMBO PLAY". The play style is "multiple games".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1850 shall be $3.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1850.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, $3.00, $5.00, $10.00, $20.00, $30.00, $50.00, $100, $500, $3,000 and $50,000.

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. 1850-1.2D (.pdf)

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

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

G. Pack-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1850), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 1850-0000001-001.

H. Pack - A Pack of the "COMBO PLAY" Scratch Ticket Game contains 125 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). Ticket 125 will be shown on the front of the Pack; the back of Ticket 125 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 125 will be shown on the back of the Pack.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "COMBO PLAY" Scratch Ticket Game No. 1850.

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 "COMBO PLAY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 39 (thirty-nine) Play Symbols. MONEY MULTIPLIER: Each time the player reveals YOUR LUCKY NUMBER Play Symbol within a GAME, the player wins the PRIZE for that GAME. DIAMOND DOLLARS: If the player matches any of YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. Each game is played separately. 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 39 (thirty-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 39 (thirty-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 39 (thirty-nine) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 39 (thirty-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. A Ticket can win up to twenty (20) times in accordance with the approved prize structure.

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

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

D. MONEY MULTIPLIER: Non-winning Prize Symbols will never appear more than one (1) time.

E. MONEY MULTIPLIER: Non-winning Play Symbols will all be different.

F. MONEY MULTIPLIER: Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s).

G. DIAMOND DOLLARS: Each Ticket will have four (4) different "WINNING NUMBERS" Play Symbols.

H. DIAMOND DOLLARS: Non-winning "YOUR NUMBERS" Play Symbols will all be different.

I. DIAMOND DOLLARS: Non-winning Prize Symbols will never appear more than two (2) times.

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

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

2.3 Procedure for Claiming Prizes.

A. To claim a "COMBO PLAY" Scratch Ticket Game prize of $3.00, $5.00, $9.00, $10.00, $15.00, $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 "COMBO PLAY" Scratch Ticket Game prize of $3,000 or $50,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "COMBO PLAY" 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 "COMBO PLAY" 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 "COMBO PLAY" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 7,080,000 Scratch Tickets in Scratch Ticket Game No. 1850. The approximate number and value of prizes in the game are as follows:

Figure 2: Game No. 1850 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1850 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. 1850, 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-201701083

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 15, 2017


Scratch Ticket Game Number 1870 "Ultimate Millions"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1870 is "ULTIMATE MILLIONS". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1870 shall be $50.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1870.

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 and the back of the Scratch Ticket.

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 03, 04, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 2X SYMBOL, 5X SYMBOL, 10X SYMBOL, 50X SYMBOL, MONEYBAG SYMBOL, $75.00, $100, $150, $200, $500, $1,000, $10,000 and $5MILL.

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. 1870 - 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 (1870), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 020 within each Pack. The format will be: 1870-0000001-001.

H. Pack - A Pack of the "ULTIMATE MILLIONS" Scratch Ticket Game contains 020 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 020 while the other fold will show the back of Ticket 001 and front of 020.

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 "ULTIMATE MILLIONS" Scratch Ticket Game No. 1870.

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 "ULTIMATE MILLIONS" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 70 (seventy) Play Symbols. If a player matches any of YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the PRIZE for that number. If a player reveals a "2X" Play Symbol, the player wins DOUBLE the PRIZE for that symbol. If a player reveals a "5X" Play Symbol, the player wins 5 TIMES the PRIZE for that symbol. If a player reveals a "10X" Play Symbol, the player wins 10 TIMES the PRIZE for that symbol. If a player reveals a "50X" Play Symbol, the player wins 50 TIMES the PRIZE for that symbol. If a player reveals a "MONEYBAG" Play Symbol, the player wins the PRIZE for that symbol instantly! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 70 (seventy) 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 70 (seventy) 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 70 (seventy) Play Symbols on the Scratch Ticket must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 70 (seventy) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

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

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

E. The Multiplier Play Symbols "2X" (WIN2X), "5X" (WIN5X), "10X" (WIN10X) and "50X" (WIN50X) will only appear on intended winning Tickets as dictated by the prize structure.

F. A Ticket may have up to six (6) matching non-winning Prize Symbols unless restricted by other parameters, play action or prize structure.

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

H. The "MONEYBAG" (WIN) Play Symbol may appear multiple times on winning Tickets unless restricted by other parameters, play action or prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim an "ULTIMATE MILLIONS" Scratch Ticket Game prize of $75.00, $100, $150, $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 $75.00, $100, $150, $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 an "ULTIMATE MILLIONS" Scratch Ticket Game prize of $1,000, $10,000 or $5,000,000, 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 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 "Ultimate Millions" 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 "ULTIMATE MILLIONS" 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 "ULTIMATE MILLIONS" 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 3,600,000 Scratch Tickets in Scratch Ticket Game No. 1870. The approximate number and value of prizes in the game are as follows:

Figure 2: Game No. 1870 - 1.2D

A. The actual number of Scr2tch 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. 1870 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. 1870, 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-201701057

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 14, 2017


Texas Department of Motor Vehicles

Notice of Request for Applications

The Automobile Burglary and Theft Prevention Authority (ABTPA) authorized the issuance of the Fiscal Years 2018 and 2019 (FY18-19) Request for Applications (RFA) at its regularly scheduled meeting held on January 18, 2017. ABTPA is authorized in statute to provide grants to local law enforcement and other organizations to combat motor vehicle burglary and theft and to inform automobile owners about methods to prevent automobile burglary or theft. Eligible applicants may request funds for program operation by submission of an application consistent with the information, including the requirements and conditions stated in this RFA. This RFA is posted in the Texas Register as required by law for at least thirty (30) days prior to the due date of Applications.

Due Date

Grant Applications from eligible applicants must be completely submitted electronically on or before 5:00 p.m., June 2, 2017.

Instructions on electronic submission will be available on or before April 3, 2017, at www.txwatchyourcar.com.

The required Resolution and any optional supporting documents must be scanned and e-mailed as attachments to GrantsABTPA@txdmv.gov on or before 5:00 p.m., June 2, 2017.

OR

The Resolution and other supporting documents must be mailed with a postmark on or before June 2, 2017.

Applicable Authority and Rules

- Automobile Burglary and Theft Prevention Authority grant programs are governed by one or more of the following statutes, rules, standards and guidelines

- Texas Revised Civil Statutes Article 4413(37)

Texas Administrative Code: Title 43; Part 3; Chapter 57

- Uniform Grant Management Standards (UGMS) as promulgated by the Texas Comptroller of Public Accounts

- The current Automobile Burglary and Theft Prevention Grant Administrative Guide and subsequent adopted grantee instruction manuals

- This Request for Applications issued on March 24, 2017

Eligible Applicants

Law enforcement agencies, local prosecutors, judicial agencies, neighborhood organizations, community organizations, business organizations, and nonprofit organizations for programs designed to reduce the incidence of economic automobile theft are eligible to apply for grants for automobile burglary and theft prevention assistance projects. Nonprofit and other organizations shall provide sufficient documentation with their grant application to inform ABTPA about the level of community support and the potential viability of the organization's existing activities in providing automobile burglary and theft prevention assistance.

Application Category

Applicants meeting the eligibility requirements are also required to meet qualifications listed in the specific type of application that may be submitted. There are three different grant application types:

Continued Grant Category - Only available to agencies that have an FY17 grant. The application must be submitted for substantially the same program as the previous year, or FY2017. The requested funds, match funds, and in-kind match must be within 5% of the previous year. The number of staff positions must be within 5% of the total positions. These are annual competitive grants that require a minimum cash match of 20% for the program described in the application.

Modified Grant Category - Only available to agencies that have an FY17 grant. Current grantees will only enter the portion where a change of greater than 5% is made between the continued grant application and the awarded (including modifications) FY2017 budget. Changes in personnel, fringe, travel, supplies, contract, equipment or changes in number of personnel, match percent or amount would be included in this category. These are annual competitive grants that require a minimum cash match of 20% for the program described in the application.

New Grant Category - Available to all law enforcement agencies and eligible organizations. These are annual competitive grants that require a minimum cash match of 20% for the program described in the application.

Grant Type

This is a total program budget reimbursement grant. Applicants that are awarded grants will expend local funds and will be reimbursed at the agreed match rate for all allowable, reasonable and necessary costs incurred on a quarterly basis.

Grant Term

The grant cycle is one (1) year funding cycle to begin on September 1, 2017, and end August 31, 2018. The ABTPA may provide a second year of funding subject to availability of funds under the same grant application with adjustments allowed based on program need prior to making a new award in FY2019. No obligations or expenses may be incurred or made outside of the grant period.

Method of Application

The grant Application is submitted electronically . Instructions on electronic submission will be available on or before April 3, 2017 at www.txwatchyourcar.com.

Resolution Required

A Resolution (Order or Ordinance) by the applicant governing body is required to make application for these funds. The resolution shall provide that the governing body applies for the funds for the purpose provided in statute (Texas Revised Civil Statutes Article 4413(37), to return the grant funds in the event of loss or misuse, and designate the officials that the governing body chooses as its agents to administer the grant if awarded.

Only the governing body that submits an application needs to adopt and submit a Resolution. Participating jurisdictions in multi-agency taskforces shall agree to the grant through interagency agreements as provided under Texas Local Government Code Chapter 362 and Texas Government Code Chapter 791.

In the event a governing body has delegated the application authority to a city manager, chief of police, sheriff or other official then applicants must provide a copy of the delegation order along with the Resolution signed by the official. A sample Resolution is attached as Appendix A, Figure 2.

Non-profit Agencies must submit the Resolution signed by its Executive Director and provide authorization from its Board of Directors, a list of agency officers/directors, a copy of the agency's mission/purpose, by-laws, and information about its program accountability and internal control system. Authority rules require a bond to be posted in the event of the agency being awarded a grant. The amount of the bond will be set by the Authority if an award is offered.

Program Category

To be eligible for consideration for funding, a project must be designed to support one or more of the following ABTPA program categories:

Law Enforcement, Detection, and Apprehension - provide financial support to law enforcement agencies for economic automobile theft enforcement teams (referred to as taskforces). Taskforces will develop organized methods to combat motor vehicle burglary and theft through enforcement of law, detection of criminal enterprise and/or apprehension of law violators and groups.

Prosecution/Adjudication/Conviction - provide financial support to prosecutors and judicial agencies for programs designed to reduce the incidence of economic automobile burglary and theft. Taskforces may incorporate this program category into the organized methods to combat motor vehicle burglary and theft.

Prevention, Anti-Theft Devices and Automobile Registration - provide financial support to law enforcement agencies, local prosecutors, judicial agencies, and neighborhood, community, business, and nonprofit organizations designed to reduce the incidence of economic automobile burglary and theft. This program category must provide methods to distribute equipment or technology and/or to test experimental equipment or technology designed for automobile theft and burglary deterrence. The application shall demonstrate how the financial support will assist automobile owners in preventing automobile burglary or theft and/or to establish a uniform program to prevent stolen motor vehicles from entering Mexico.

Reduction of the Sale of Stolen Vehicles or Parts - provide financial support to law enforcement agencies (enforcement teams referred to as taskforces), local prosecutors, judicial agencies, and neighborhood, community, business, and nonprofit organizations for economic automobile theft (including parts). Applicants will develop organized methods to combat the sale of stolen vehicles and parts using vehicle identification number inspection, inspections of facilities that operate motor vehicle part and component distribution enterprises, labeling etching methods including component part labeling and contradicting other fraudulent means to sell stolen vehicles or parts.

Educational Programs and Marketing - provide financial support to law enforcement agencies and other entities to assist automobile owners in preventing automobile burglary or theft. Develop and provide specialized training or education program(s) on automobile burglary and theft prevention, interdiction and prosecution to law enforcement, prosecutors, and other groups combatting motor vehicle theft and burglary. Provide education in automobile burglary and theft prevention to business groups and the public.

Priority Funding

The statute provides that the "authority shall allocate grant funds primarily based on the number of motor vehicles stolen in, or the motor vehicle burglary or theft rate...(TRCS Art.4413(37)§6(k)," additionally, the following grant features will be given priority consideration in evaluating modified and new grant applications:

Cooperative Priority - Applications for grant programs that place an emphasis on filling in the law enforcement coverage gap (area and personnel). Applications that increase collaboration and cooperation between multiple jurisdictions will be prioritized. This will also include grant programs that expand existing multi-jurisdictional agreements to include additional jurisdictions.

Crime Analysts and Trend Analysis - Applications that introduce, increase, or expand the use of crime analysts or significant crime trend analysis. Crime analysts that will use data analysis and other methods to support the interdiction of criminals and to disrupt criminal economic enterprises. These positions will also monitor and track the confluence of motor vehicle crime with other major crimes such as organized crime, human trafficking, and drug distribution.

Programs to combat pattern, organized and economic crime - Applications that introduce, increase, or expand efforts to combat pattern, organized and economic crime. A crime pattern is a group of two or more crimes that possess similar characteristics such as lack of connection between victim and offenders. Organized crime includes efforts by criminals to conspire to commit burglary of a motor vehicle and motor vehicle theft. Grant applications that include specific initiatives to target pattern, organized and economic crime will receive prioritization.

Funding Co-location - Applications that demonstrate and provide for managed coordination and operations to improve collaboration and expand the use of resources to combat motor vehicle burglary and theft. It may include collaborative management of resources such as personnel, surveillance equipment, license plate readers, and bait vehicle deployment. Co-location includes establishing a shared physical space or effective communication methods between taskforces and jurisdictions as an effective way to increase collaboration, leverage resources, experience and specialized expertise. The guiding principle of the co-location priority is that resources (human and equipment) provided by the grant will be well managed, available across jurisdictions, and cohesive within the taskforce operations.

Prosecutorial elements - Applications that include Specialized Motor Vehicle Crime Prosecutors to focus specifically on motor vehicle burglary and theft and economic motor vehicle theft (including organized motor vehicle crime) may receive prioritization in considering grant awards. Specialized prosecutors will be available to assist in pursuing convictions related to motor vehicle burglary and theft, economic motor vehicle theft, organized crime related to motor vehicle burglary and theft and motor vehicle crime. Funded prosecutors may develop subject matter resource material and deliver training for all prosecutors around the state.

Supporting Documents

Documents that provide evidence of local support or commitment from other officials or agencies for the application may be submitted following the same instructions as the Resolution. Interagency agreements shall be submitted prior to payments being authorized if an award is made. ABTPA recommends that interagency agreements be completed after award determinations are made to ensure correct amounts are reflected in those agreements.

Supplanting Prohibited

Grant funds provided by the Authority under this RFA shall not be used to supplant federal, state or local funds that otherwise would be available for the same purposes. Supplanting means the replacement of other funds with ABTPA grant funds. It shall also include using existing resources already available to a program activity as cash match.

Cash Match Requirement

All programs must provide at least a twenty (20%) percent cash match. Multijurisdictional agencies must provide details for the method of cash match in Intergovernmental Agreements (Texas Government Code, Chapter 791). Interagency agreements shall be submitted prior to payments being authorized if an award is made.

Formulas to calculate cash match:

1. Total ABTPA grant funds requested multiplied by percent of match required = Total Amount of Cash Match Required

2. Total Project Cost minus Total Cash Match Required = Total Authority Grant Request

NICB and DPS in Lieu of Cash - Applicants may enter into formal agreements with the Texas Department of Public Safety (DPS) or the National Insurance Crime Bureau (NICB) to work on grant funded activities. The amount of salary and other direct costs related to the work on grant activity provided by the DPS and NICB may be counted and reported as in lieu of Cash. Time certifications are required to be made by the employee for these positions every month for part-time and every six months for full-time employees.

In-Kind Match

Resources and funds from third-parties that can be quantified should be reported in the proper category in the application. In-Kind contributions shall not be considered cash match. In-kind match is encouraged to be used as an added value inducement to the ABTPA and to adequately document true costs required to implement the program.

Reporting and Attendance Requirements

Applicants that are awarded grants will be required to provide:

Quarterly Progress Reports - The ABTPA requires submission of quarterly progress reports to demonstrate progress toward meeting goals and activities provided in the grant application. These include: 1) Monthly progress toward statutorily required performance measures; 2) Monthly progress recorded on the Goals, Strategies and Activities report; and 3) Summary and Success section.

Quarterly Financial Reports - Reports of actual expenses are provided to request funds. All expenditures must be in accordance with local policies and procedures and grant requirements. Grantees shall review all expenditures, ensure all applicable regulations are followed, and maintain documentation that is true and complete. All expenses must be supported by appropriate documentation.

Webinar Attendance:

At least one representative from the applicant organization will attend a monthly training session via teleconference or webinar that includes information on ABTPA grant administration, information sharing on law enforcement issues and other ABTPA issues critical to operating an ABTPA taskforce.

Funding Requirements and Conditions

a) State Funds Availability - All awards by the ABTPA are subject to availability of state funds.

b) Right of Refusal - The Authority reserves the right to reject any or all of the applications submitted.

c) Awards - Publishing the RFA does not obligate the Authority to fund any programs.

d) Partial Funding - The Authority may choose to offer funds for all or any portion of a program submitted in the Application.

e) Substitution - The Authority may offer alternative funding sources, special conditions or alternative program elements in response to submitted Applications.

f) Competitive Application Process - The Application process for the Authority's Grant Program is competitive. Awards are based on a review of the grant Application. New programs that submit an Intent to Apply and that were provided guidance on how to proceed are not guaranteed funding by the Authority nor removed from the competitive nature of the award process.

g) Review Criteria - Authority staff and designated ABTPA Board member(s) will review each grant using subjective and objective tools and comparative analysis. The weight given to each section or combination of sections is at the sole discretion of the Authority.

h) Questions and Clarification - During the review period, the applicant may be contacted by Authority staff to ask questions or seek clarification on information written in the application. Failure to promptly respond will not disqualify an applicant but information that arrives beyond the review period cannot be considered.

i) Final Selection - The Authority may select and award programs that best meet the statutory purposes and that reflect its current priorities. No appeal may be made from the Authority's decisions.

j) Changes in Application - If an applicant proposes changes to be made in the program type or participation of jurisdictions after an award is made then the Authority will review the changes and make modifications or alter the grant including the amount as deemed appropriate to the Authority.

k) Delayed Start - An applicant that is awarded a grant and that does not begin operations within 45 days of the beginning of the grant term is considered terminated.

Selection Process:

Eligible applications will be reviewed. Grant award decisions by ABTPA are final and not subject to judicial review. Grants will be awarded on or before September 1, 2017.

Applications that do not meet the stated requirements of this RFA and that are not eligible for review will be notified ten (10) working days after the due date.

Contact Person

Bryan E. Wilson, ABTPA Director

Texas Automobile Burglary and Theft Prevention Authority

4000 Jackson Avenue

Austin, Texas 78731

(512) 465-1485

GrantsABTPA@txdmv.gov

ABTPA Application Checklist (.pdf)

Appendix A (.pdf)

TRD-201701070

David Richards

General Counsel

Texas Department of Motor Vehicles

Filed: March 14, 2017


Panhandle Regional Planning Commission

Legal Notice

The Panhandle Regional Planning Commission (PRPC) seeks a vendor or vendors that can supply pre-paid fuel cards usable for the purchase of fuel by workforce development program customers at outlets in the Panhandle Workforce Development Area (PWDA).

Cards must be available pre-loaded in various denominations directly from the vendor and limited to fuel purchases only.

PRPC makes no guarantees of purchases from the selected vendor(s) and reserves the right to use alternative methods to purchase fuel.

Interested vendors may obtain a copy of the solicitation packet by contacting Leslie Hardin, at (806) 372-3381/ (800) 477-4562 or lhardin@theprpc.org. The packet may also be picked up at PRPC's offices located at 415 S.W. 8th Avenue in Amarillo, Texas. The required information should be submitted to PRPC no later than April 14, 2017.

PRPC as administrative and fiscal agent for the Panhandle Workforce Development Board dba Workforce Solutions Panhandle, a proud partner of the AmericanJobCenter Network, is an Equal Opportunity Employer / Program. Auxiliary aids and services are available upon request to individuals with disabilities. Relay Texas: 711

TRD-201701037

Leslie Hardin

WFD Contracts Coordinator

Panhandle Regional Planning Commission

Filed: March 13, 2017


Legal Notice

The Panhandle Regional Planning Commission (PRPC) is seeking proposals from qualified organizations with demonstrated competence, knowledge, qualifications, successful performance, and reasonable fees to implement a "Summer Earn and Learn" program to develop work opportunities for students with disabilities in coordination with the workforce development programs administered in the Panhandle Workforce Development Area (PWDA). The purpose of this solicitation is to enable PRPC to evaluate and select an entity capable of performing these services and to enter into negotiation for a contract at a fair and reasonable price.

Interested proposers may obtain a copy of the solicitation packet by contacting Leslie Hardin at (806) 372-3381/ (800) 477-4562 or lhardin@theprpc.org. The proposals must be submitted to PRPC no later than April 14, 2017.

PRPC as administrative and fiscal agent for the Panhandle Workforce Development Board dba Workforce Solutions Panhandle, a proud partner of the AmericanJobCenter Network, is an Equal Opportunity Employer / Program. Auxiliary aids and services are available upon request to individuals with disabilities. Relay Texas: 711

TRD-201701092

Leslie Hardin

WFD Contracts Coordinator

Panhandle Regional Planning Commission

Filed: March 15, 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 March 7, 2017, to amend a state-issued certificate of franchise authority, under Public Utility Regulatory Act §§66.001 - 66.016.

Project Title and Number: Application of Vyve Broadband A, LLC for Amendment to its State-Issued Certificate of Franchise Authority, Project Number 46912.

The requested amendment is to expand the service area footprint to include all of the unincorporated territory in Bowie County within a 10 mile diameter circle around the city limits of New Boston, Texas, a 4 mile diameter circle around the city limits of Hooks, Texas, a 5 mile diameter circle around the city limits of Maud, Texas, and a 5 mile diameter circle around the city limits of DeKalb, Texas; and all of the unincorporated territory in Dallam County within a 2 mile diameter circle around the city limits of Dalhart, 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 46912.

TRD-201701033

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 10, 2017


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

The Public Utility Commission of Texas (commission) received an application on March 10, 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 Unified Communications, Inc., d/b/a ZochNet, d/b/a ZochNet Cable, d/b/a ZochTV for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 46935.

Unified Communications, Inc. seeks to amend SICFA No. 90038 to reflect a change in ownership. Central Texas Cable Partners, Inc. d/b/a Reveille Broadband was issued SICFA No. 90038 on October 7, 2008. Unified Communications, Inc. reports it has purchased the assets of Central Texas Cable Partners, Inc. d/b/a Reveille Broadband per an asset purchase agreement signed on February 12, 2017.

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 46935.

TRD-201701088

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 15, 2017


Notice of Application for a New 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 for a new water certificate of convenience and necessity (CCN) in Brazoria County.

Docket Style and Number: Application of Wolfe Air Park Civic Club, Inc. to Obtain a Water Certificate of Convenience and Necessity in Brazoria County, Docket Number 46923.

The Application: Wolfe Air Park Civic Club, Inc. filed an application to obtain a new water certificate of convenience and necessity in Brazoria County. The total service area being requested includes approximately 99 acres and 42 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 46923.

TRD-201701089

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 15, 2017


Notice of Application for Approval of the Provision of Non-Emergency 311 Service

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) for approval to provide non-emergency 311 services.

Docket Style and Number: Application of Southwestern Bell Telephone Company d/b/a AT&T Texas for Approval to Provide Non-Emergency 311 Service. Docket Number 46926.

The Application: On March 8, 2017, Southwestern Bell Telephone Company d/b/a AT&T Texas filed an application with the Commission under 16 Texas Administrative Code § 26.127, for approval to provide non-emergency 311 service (NE311) for the City of Amarillo.

NE311 service is available to local governmental entities to provide to their residents an easy to-remember number to call for access to non-emergency services. By implementing NE311 service, communities can improve 911 response times for those callers with true emergencies. Each local government entity that elects to implement NE311 service will determine the types of non-emergency calls that will be handled by their 311 call center.

Persons who wish to comment on this application should notify the commission by April 24, 2017. Requests for further information should be mailed to the commission at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission's Customer Protection Division at (512) 936-7120 or toll free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46926.

TRD-201701034

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 10, 2017


Notice of Application for Service Area Exception

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 10, 2017, to amend a certificate of convenience and necessity for a service area exception within Moore County, Texas.

Docket Style and Number: Joint Application of Rita Blanca Cooperative, Inc. and Southwestern Public Service Company to Amend a Certificate of Convenience and Necessity for a Service Area Exception in Moore County. Docket Number 46937.

The Application: Rita Blanca Cooperative, Inc. and Southwestern Public Service Company filed an application for a service area boundary exception to allow SPS to provide service to a specific customer located within the certificated service area of Rita Blanca. Rita Blanca has provided an affidavit of relinquishment for the proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than March 31, 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 46937.

TRD-201701091

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 15, 2017


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

On March 7, 2017, Tele Circuit Network Corporation d/b/a Tele Circuit filed an application with the Public Utility Commission of Texas (commission) to amend service provider certificate of operating authority number 60795, reflecting a change in type of provider.

Docket Style and Number: Application of Tele Circuit Network Corporation d/b/a Tele Circuit for an Amendment to a Service Provider Certificate of Operating Authority, Docket Number 46913.

Persons wishing to comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 31, 2017. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 46913.

TRD-201701032

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 10, 2017


Notice of Filing to Withdraw Services

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) to withdraw services under 16 Texas Administrative Code §26.208(h).

Docket Title and Number: Application of United Telephone Company, Inc. d/b/a CenturyLink to Withdraw Services Under 16 Texas Administrative Code §26.208(h), Docket Number 46862.

The Application: On February 16, 2017, CenturyLink filed an application with the Commission to withdraw Privacy ID services from its General Exchange Tariff. CenturyLink seeks to withdraw the services due to an equipment failure. CenturyLink explained subscribers were migrated to a comparable plan and their monthly rate was reduced. The proceeding was docketed and suspended on February 17, 2017, to allow adequate time for review and intervention.

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 Docket Number 46862.

TRD-201700943

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 8, 2017


Notice of Filing to Withdraw Services

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) to withdraw services under 16 Texas Administrative Code §26.208(h).

Docket Title and Number: Application of Central Telephone Company of Texas dba CenturyLink to Withdraw Services Under 16 Texas Administrative Code §26.208(h), Docket Number 46863.

The Application: On February 16, 2017, CenturyLink filed an application with the Commission to withdraw Privacy ID services from its General Customer Services Tariff. CenturyLink seeks to withdraw the services due to an equipment failure. CenturyLink explained subscribers were migrated to a comparable plan and their monthly rate was reduced. The proceeding was docketed and suspended on February 17, 2017, to allow adequate time for review and intervention.

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 Docket Number 46863.

TRD-201700944

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 8, 2017


Rio Grande Council of Governments

Public Notice: Nominations for Voting Membership Region E Far West Texas Water Planning Group

Nominations for Voting Membership Region E Far West Texas Water Planning Group

The Far West Texas Water Planning Group is seeking nominations to fill two (2) voting positions on the Far West Texas Water Planning Group. The positions are as follows:

Small Business - Terms expire January 19, 2019.

Economic Development - Small Businesses. Terms expire August 6, 2018.

Conditions of Membership: In order to be eligible for voting membership on the Planning Group, a person must represent the interest for which a member is sought, be willing to participate in the regional water planning process, and abide by the Bylaws of the Region E Far West Texas Water Planning Group. Nominations (Nomination letter and a resume or biography of nominee are required) must be received by 5:30 p.m. MDT, Friday, April 21, 2017, addressed to:

Annette Gutierrez

Administrative Officer

Far West Texas Water Planning Group

Attn: Omar L. Martinez

8037 Lockheed Drive, Suite 100

El Paso, Texas 79925

TRD-201701053

Annette Gutierrez

RGCOG Executive Director

Rio Grande Council of Governments

Filed: March 13, 2017