IN ADDITION

Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapters 403, 447, 2156, and 2305, Texas Government Code; and related laws, rules and regulations, as amended, the Texas Comptroller of Public Accounts ("Comptroller"), State Energy Conservation Office ("SECO") announces its Request for Proposals No. 219f ("RFP") and invites proposals from qualified firms and individuals to provide remote/virtual energy audit services. The Comptroller reserves the right to award more than one contract under the RFP. If a contract award is made under the terms of this RFP, Contractor will be expected to begin performance of the contract on or about June 1, 2017, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact Joseph Madden, Assistant General Counsel, Contracts, Texas Comptroller of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room 201, Austin, Texas 78774, (512) 305-8673. The Comptroller will make the entire RFP available electronically on the Electronic State Business Daily ("ESBD") at: http://esbd.cpa.state.tx.us after 10:00 a.m. Central Time ("CT") on Friday, December 3, 2016.

Questions: All written questions must be received at the above-referenced address not later than 2:00 p.m. CT on Friday, March 10, 2017. Prospective proposers are encouraged to e-mail Questions to contracts@cpa.texas.gov to ensure timely receipt. On or about Friday, March 17, 2017, Comptroller expects to post responses to questions on the ESBD. Late Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Questions in the Issuing Office.

Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. CT, on Friday, March 31, 2017. Late Proposals will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Proposals in the Issuing Office.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. Comptroller will make the final decision. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or to the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP March 3, 2017, after 10:00 a.m. CT; Questions Due - March 10, 2017, 2:00 p.m. CT; Official Responses to Questions posted - March 17, 2017, or as soon thereafter as practical; Proposals Due - March 31, 2017, 2:00 p.m. CT; Contract Execution - May 1, 2017, or as soon thereafter as practical; Commencement of Services - June 1, 2017, or as soon thereafter as practical.

TRD-201700704

Joseph Madden

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: February 22, 2017


Notice of Request for Proposals

Pursuant to Chapter 54, Subchapters F, G, H, I, and J, Texas Education Code; and Chapter 2254, Subchapter A, Texas Government Code, the Texas Comptroller of Public Accounts ("Comptroller") on behalf of the Texas Prepaid Higher Education Tuition Board ("Board") announces its Request for Proposals No. 219i ("RFP") for Certified Public Accounting Services for the Board. The Board desires to obtain the services of a qualified, independent certified public accountant to assist the Board in performing a financial audit of the Texas Guaranteed Tuition Plan, The direct-sold Texas College Savings Plan®, the advisor-sold LoneStar 529 Plan®, and the Texas Tuition Promise Fund®, all of which are qualified tuition programs organized under Section 529 of the Internal Revenue Code, along with the Texas Match the Promise FoundationSM, Texas Prepaid Higher Education Tuition Scholarship Fund, and the Texas ABLESM Program; referred to collectively as the Funds ("Funds"). The selected Respondent or Respondents, if any, will be expected to begin performance of the contract on or about May 22, 2017, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact Vicki Rees, Assistant General Counsel, Contracts, Comptroller of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room 201, Austin, Texas 78774, (512) 305-8673. The RFP will be available electronically on the Electronic State Business Daily ("ESBD") at: http://esbd.cpa.state.tx.us after 10:00 a.m. Central Time ("CT") on Friday, March 3, 2017.

Questions: All questions regarding the RFP must be received in the Issuing Office no later than 2:00 p.m. CT on Monday, March 10, 2017. Questions received after the deadline will not be considered. Prospective respondents are encouraged to fax or e-mail Questions to (512) 463-3669 or contracts@cpa.texas.gov to ensure timely receipt. On or about Friday, March 17, 2017, the Comptroller expects to post responses to questions as an addendum to the ESBD notice on the issuance of the RFP.

Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel no later than 2:00 p.m. CT, on Friday, April 7, 2017. Proposals received after this date and time will not be considered. Respondents shall be solely responsible for ensuring timely receipt of their proposals in the Issuing Office.

Evaluation criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board shall make the final decision on any contract award or awards resulting from the RFP. Comptroller and the Board each reserve the right to accept or reject any or all proposals submitted. Comptroller and the Board are not obligated to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this Notice or to the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - March 3, 2017, after 10:00 a.m. CT; Questions Due - March 10, 2017, 2:00 p.m. CT; Official Responses to Questions posted - March 17, 2017; Proposals Due - April 7, 2017, 2:00 p.m. CT; Contract Execution - May 17, 2017, or as soon thereafter as practical; Commencement of Work - May 22, 2017. Comptroller reserves the right, in its sole discretion, to change the dates listed for the anticipated schedule of events. Any amendment to this solicitation will be posted on the ESBD as an RFP Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a proposal.

TRD-201700708

Vicki L. Rees

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: February 22, 2017


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009 and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/27/17 - 03/05/17 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/27/17 - 03/05/17 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 03/01/17 - 03/31/17 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 03/01/17 - 03/31/17 is 5.00% for commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-201700696

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 21, 2017


Court of Criminal Appeals

In the Court of Criminal Appeals of Texas

Misc. Docket No. 17-002

ORDER ADOPTING AMENDMENTS TO STATEWIDE RULES GOVERNING ELECTRONIC FILING IN CRIMINAL CASES

ORDERED that:

Pursuant to Tex. Const. Art. V, Sec. 31 and Sections 22.108, 74.024, and 72.031 of the Texas Government Code, the Court of Criminal Appeals, acting concurrently with the Texas Supreme Court, amends the Statewide Rules Governing Electronic Filing in Criminal Cases, to be effective May 1, 2017.

The attached Statewide Rules Governing Electronic Filing in Criminal Cases are intended to replace and supplant the Proposed Statewide Rules Governing Electronic Filing in Criminal Cases effective November 1, 2015 (Misc. Docket No. 15-004).

These rules may be changed in response to public comments received before April 19, 2017. Any interested party may submit written comments directed to Abel Acosta, Clerk of the Court, at abel.acosta@txcourts.gov.

The Clerk is directed to:

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

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

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

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

Dated: February 13, 2017.

___________________________

Sharon Keller, Presiding Judge

___________________________

Michael Keasler, Judge

___________________________

Barbara Hervey, Judge

___________________________

Elsa Alcala, Judge

___________________________

Bert Richardson, Judge

___________________________

Kevin P. Yeary, Judge

___________________________

David Newell, Judge

___________________________

Mary Lou Keel, Judge

___________________________

Scott Walker, Judge

STATEWIDE RULES GOVERNING ELECTRONIC FILING IN CRIMINAL CASES

PART 1. GENERAL PROVISIONS

Rule 1.1 Scope

These rules govern the electronic filing of documents with the clerk in criminal cases in appellate courts, district courts, statutory county courts, and constitutional county courts in those counties in which criminal case electronic filing has been implemented pursuant to Rule 1.2 of these rules. A justice court or municipal court may implement criminal case electronic filing. If a justice court or municipal court implements an electronic filing system, the system must comply with these rules.

Rule 1.2 Electronic Filing

Clerks serving Texas appellate courts, district courts, statutory county courts, and constitutional county courts must implement criminal case electronic filing in compliance with the Court of Criminal Appeals' Order Mandating Statewide Electronic Filing in Criminal Cases (Misc. Docket No. 16-003) entered June 30, 2016, and any subsequent orders entered by the Court of Criminal Appeals governing electronic filing. A clerk may implement criminal case electronic filing prior to the mandatory date set out in the Court of Criminal Appeals' Order Mandating Statewide Electronic Filing in Criminal Cases. Once a court becomes subject to mandatory electronic filing, attorneys must electronically file all documents, pleadings, and materials filed in that court through the electronic filing portal provided or approved by the Office of Court Administration, except where these rules or other Texas law allow or mandate non-electronic (paper) filing. Attorneys must not file documents through any alternative electronic document filing transmission system, except in the event of an emergency or where these rules provide for the use of the alternative filing transmission system. Unrepresented parties may electronically file documents but it is not required.

Rule 1.3 Exceptions

The following may not be electronically filed:

(1) documents filed under seal or presented to the court in camera; and

(2) documents to which access is otherwise restricted by these rules, law, or court order.

Rule 1.4 Documents Containing Signatures

(a) A document that is electronically served, filed, or issued by a court or clerk is considered signed if the document includes:

(1) a "/s/" and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or

(2) an electronic image or scanned image of the signature.

(b) If a paper document must be notarized, sworn to, or made under oath, the filer may electronically file the paper document as a scanned image containing the necessary signature(s).

(c) If a paper document requires the signature of an opposing party, the filer may electronically file the paper document as a scanned image containing the opposing party's signature.

Rule 1.5. Courts Authorized to Make Electronic Orders

A judge may electronically sign an order by applying his or her electronic signature to the order. Judges are not required to electronically sign orders.

Comment to Part 1: These rules do not affect court reporters, exhibits filed in a hearing or trial, or documents, such as plea paperwork, filed directly with a judge, and do not mandate electronic filing of these items. These rules do not authorize a clerk to require electronic filing by persons not represented by an attorney. Clerks should maintain a process for filing paper submissions from such filers. These rules also do not affect whether electronically filed documents may be posted on the internet. Any posting of filed documents, pleadings, or materials to the internet must comply with Part 4 of these rules.

PART 2. FILING MECHANISM

Rule 2.1 Office of Court Administration established Electronic Filing Manager

Electronic filing must be done through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Court Administration or through another electronic filing portal approved by the Office of Court Administration.

Rule 2.2 Format

An electronically filed document must:

(1) be in text-searchable portable document format (PDF);

(2) be directly converted to PDF rather than scanned, if possible;

(3) not be locked; and

(4) otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court and the Court of Criminal Appeals.

Rule 2.3 Timely Filing

(a) Unless a statute, rule, or court order requires that a document be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court's time zone) on the day of the filing deadline. An electronically filed document is deemed filed when transmitted to the filing party's electronic filing service provider, except:

(1) if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and

(2) if a document requires a motion and an order allowing its filing, the document is deemed filed on the date the motion is granted.

(b) If a document is untimely filed due to a technical failure or a system outage, the filing party may seek appropriate relief from the court.

Comment to Rule 2.3: This rule addresses when a document is timely filed for purposes of meeting a legal deadline imposed by a statute or a court. A clerk's acceptance of a document on a weekend or legal holiday does not impact whether a document is timely filed under this rule.

Rule 2.4 E-Mail Address Required

The email address of any person who electronically files a document must be included on the document.

Rule 2.5 Paper Copies

At the time of filing, a filer need not provide paper copies of an electronically filed document. A filer should provide paper copies of electronically filed documents upon request by a court.

Rule 2.6 Non-Conforming Documents

The clerk may not refuse a document that fails to conform to these rules. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit the document in a conforming format.

Comment to Rule 2.6: The intent of this rule is to establish that a clerk may not refuse a document for any perceived violation of these rules. However, the rule permits a clerk the limited authority to identify errors the clerk perceives with whether a filing complies with the Judicial Committee on Information Technology Standards currently in effect. When a clerk notifies a filer of an error, it is inconsequential to a judicial determination regarding whether the document submitted actually violates these rules, and it does not constitute an extension of time to file the document. The purpose of the deadline is to allow for a non-conforming document to be conformed to these rules. The deadline for correction established by the clerk should permit only a reasonable amount of time to allow for the filing to be conformed to the requirements of these rules, and, in general, the deadline should not exceed 72 hours.

Rule 2.7 Electronic Notices from the Court

The clerk may send notices, orders, or other communications about the case to the party electronically. A court seal may be electronic.

Rule 2.8 Official Record

The clerk may designate an electronically filed document or a scanned paper document as the official court record. The clerk is not required to keep both paper and electronic versions of the same document. However, the clerk must not destroy scanned paper documents and other scanned materials until the clerk has determined that the scanned image is an accurate copy of the paper documents and materials.

Comment to Rule 2.8: This rule does not authorize or permit the destruction of original trial or hearing exhibits.

PART 3. SERVICE OF DOCUMENTS

Rule 3.1 Electronic Service of Documents

Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served, except as otherwise expressly provided in these rules, must be served by delivering a copy to the party to be served, or the party's duly authorized agent or attorney of record.

Documents Filed Electronically. A document filed electronically under these rules must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document must be served on that party or attorney as permitted by law.

Rule 3.2 Electronic Service Complete

Electronic service is complete on transmission of the document to the serving party's electronic filing service provider. The electronic filing manager will send confirmation of service to the serving party.

Rule 3.3 Proof of Service

The party or attorney of record shall certify to the court compliance with this rule in writing above the signature on the filed instrument. A certificate by a party or an attorney of record, or the return of the officer, or the affidavit of any other person showing service of a notice shall be prima facie evidence of the fact of service. Nothing herein shall preclude any party from offering proof that the document, notice, or instrument was not received, and upon so finding, the court may extend the time for taking the action required of such party or grant such other relief as it deems just.

PART 4. PRIVACY PROTECTION FOR FILED DOCUMENTS

Rule 4.1 Sensitive Data Defined

Sensitive data consists of:

(1) a driver's license number, passport number, social security number, tax identification number, or similar government-issued personal identification number;

(2) a bank account number, credit card number, or other financial account number;

(3) a birth date, home address, or personal phone number; and

(4) the name of any person who was a minor when the underlying suit was filed unless, under Texas Family Code Section 54.02, a juvenile court has waived its exclusive original jurisdiction and transferred the individual to a district court.

Rule 4.2 Filing of Documents Containing Sensitive Data Prohibited

An electronic or paper document containing sensitive data may not be filed with a court unless the sensitive data is redacted. Documents containing sensitive data may be filed with a court when the data's inclusion is specifically required by a statute, court rule, or administrative regulation, or when the data is exempt from redaction under Texas Rule of Appellate Procedure 9.10.

Rule 4.3 Redaction of Sensitive Data; Retention Requirement

Sensitive data must be redacted by using the letter "X" in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filing party must retain an unredacted version of the filed document during the pendency of the case and any related appellate proceedings filed within three years of the date the judgment is signed.

Rule 4.4 Notice to Clerk

If an electronic or paper document must contain sensitive data, the filing party must state on the upper left-hand side of the first page, "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA." This notice is not required if the only sensitive data contained in the document is exempt from redaction under Texas Rule of Appellate Procedure 9.10.

Rule 4.5 Non-Conforming Documents

The clerk may not refuse a document that contains sensitive data in violation of these rules or any other statute, rule, or court order. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit a redacted, substitute document.

Comment to Rule 4.5: The intent of this rule is to establish that a clerk may not refuse a document for any perceived violation of these rules. However, the rule permits a clerk the limited authority to identify information the clerk perceives to be sensitive data. When a clerk identifies such information to a filer, it does not constitute an extension of time to file the document. The purpose of the deadline is to allow for a non-conforming document to be conformed to these rules. The deadline for correction established by the clerk should permit only a reasonable amount of time to allow for the filing to be conformed to the requirements of these rules, and, in general, the deadline should not exceed 72 hours.

Rule 4.6 Restriction on Remote Access

Documents that contain sensitive data restricted by these rules or any State or Federal law must not be posted on the internet.

TRD-201700661

Abel Acosta

Clerk

Court of Criminal Appeals

Filed: February 16, 2017


In the Court of Criminal Appeals of Texas

Misc. Docket No. 17-003

ORDER ADOPTING AMENDMENTS TO TEXAS RULE OF APPELLATE PROCEDURE 33.1

ORDERED that:

Pursuant to section 22.108 of the Texas Government Code, the Court of Criminal Appeals amends Rule of Appellate Procedure 33.1, effective July 1, 2017.

This rule may be changed in response to public comments received before May 31, 2017. Any interested party may submit written comments directed to Abel Acosta, Clerk of the Court, at abel.acosta@txcourts.gov.

The Clerk is directed to:

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

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

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

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

Dated: February 15, 2017.

____________________________

Sharon Keller, Presiding Judge

____________________________

Michael Keasler, Judge

____________________________

Barbara Hervey, Judge

____________________________

Elsa Alcala, Judge

____________________________

Bert Richardson, Judge

____________________________

Kevin P. Yeary, Judge

____________________________

David Newell, Judge

____________________________

Mary Lou Keel, Judge

____________________________

Scott Walker, Judge

133.1. Preservation; How Shown

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

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

(A) stated the grounds for the ruling that the complaining party sought from the trial court with sufficient specificity to make the trial court aware of the complaint, unless the specific grounds were apparent from the context; and

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

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

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

TRD-201700671

Abel Acosta

Clerk

Court of Criminal Appeals

Filed: February 17, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 3, 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 3, 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: ALVIN RETAILS, INCORPORATED dba Spin N Market 11; DOCKET NUMBER: 2016-1649-PST-E; IDENTIFIER: RN101432094; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month; 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate a suspected release of regulated substance within 30 days of discovery; PENALTY: $15,538; ENFORCEMENT COORDINATOR: Benjamin Sakmar, (512) 239-1704; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: Aquatic Company; DOCKET NUMBER: 2016-1764-AIR-E; IDENTIFIER: RN100219104; LOCATION: Lancaster, Dallas County; TYPE OF FACILITY: plastic composite bath products plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(E) and (c), Texas Health and Safety Code (THSC), §382.085(b), and New Source Review Permit Number 9519, Special Conditions Number 16.I, by failing to maintain records of the monthly leak checks for the rotary concentrator's pressure connections; and 30 TAC §122.143(4) and §122.145(2)(C), THSC, §382.085(b), and Federal Operating Permit Number O1063, General Terms and Conditions, by failing to submit deviation reports within 30 days after the end of the reporting periods; PENALTY: $18,238; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: City of Georgetown; DOCKET NUMBER: 2016-1956-EAQ-E; IDENTIFIER: RN108852161; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: roadway construction site; RULES VIOLATED: 30 TAC §213.4(a)(1) and Water Pollution Abatement Plan (WPAP) Number 11000013, Standard Conditions Number 3, by failing to obtain approval of a modification to an approved WPAP prior to commencing regulated activities over the Edwards Aquifer Recharge Zone; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5886; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78711-3087, (512) 339-2929.

(4) COMPANY: City of Mabank; DOCKET NUMBER: 2016-1805-MWD-E; IDENTIFIER: RN101918845; LOCATION: Mabank, Kaufman County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010579001, Monitoring and Reporting Requirements Number 1, by failing to comply with permitted effluent limits; and 30 TAC §305.125(17) and TPDES Permit Number WQ0010579001, Sludge Provisions, by failing to submit a complete and accurate annual sludge report for the monitoring period ending July 31, 2015, by September 30, 2015; PENALTY: $5,137; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Cornerstone 1626 Retail, Limited; DOCKET NUMBER: 2016-1865-EAQ-E; IDENTIFIER: RN105163208; LOCATION: Buda, Hays County; TYPE OF FACILITY: commercial development site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Melissa Castro, (512) 239-0855; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78711-3087, (512) 339-2929.

(6) COMPANY: Donald S. Fletcher dba Cattail Creek Mobile Home Park; DOCKET NUMBER: 2016-1803-PWS-E; IDENTIFIER: RN102672854; LOCATION: Stephenville, Erath County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §§290.46(f)(4), 290.106(e), and 290.107(e), by failing to provide the results for nitrate and volatile organic chemical contaminants sampling to the executive director (ED) for the 2015 monitoring period; 30 TAC §290.117(i)(1) and §290.122(c)(2)(A) and (f), by failing to timely report lead and copper tap sample results to the ED for the January 1, 2015 - December 31, 2015 monitoring period, and by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to report lead and copper tap sample results for the January 1, 2015 - December 31, 2015 monitoring period; 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 for the January 1, 2012 - December 31, 2014 monitoring period, and by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2012 - December 31, 2014 monitoring period; 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and by 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, 2015 - December 31, 2015 monitoring period; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report for the third quarter of 2013; PENALTY: $906; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: DUNCANVILLE CAMP WISDOM INVESTMENT INCORPORATED dba Beer and Wine Stop 2; DOCKET NUMBER: 2016-2063-PST-E; IDENTIFIER: RN107705253; LOCATION: Duncanville, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(i) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tank for releases at a frequency of at least once every month; and by failing to equip each separate pressurized line with an automatic line leak detector; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Anthony Rios, (512) 239-2557; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Eric Hartzendorf, Incorporated and Evelyn Dittmar, Incorporated; DOCKET NUMBER: 2016-1886-AIR-E; IDENTIFIER: RN108726274; LOCATION: Beeville, Bee County; TYPE OF FACILITY: treated wastewater recycling site; RULES VIOLATED: 30 TAC §101.4 and Texas Health and Safety Code, §382.085(a) and (b), by failing to prevent nuisance odor conditions; PENALTY: $1,125; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(9) COMPANY: FIKES WHOLESALE, INCORPORATED dba Cefco 73; DOCKET NUMBER: 2016-2019-PST-E; IDENTIFIER: RN102938206; LOCATION: Liberty Hill, Williamson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b) and TWC, §26.3475(c)(2), by failing to equip the underground storage tank system with spill containment and overfill prevention equipment; PENALTY: $2,813; ENFORCEMENT COORDINATOR: Anthony Rios, (512) 239-2557; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(10) COMPANY: Indus Interest, LLC dba Big Bens; DOCKET NUMBER: 2016-1823-PST-E; IDENTIFIER: RN101815561; LOCATION: Moscow, Polk County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information to the agency regarding the underground storage tanks (USTs) within 30 days from the date of the occurrence of the change or addition; 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; and 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to equip the diesel UST with overfill prevention equipment; PENALTY: $7,813; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(11) COMPANY: Jaswinder Singh and Rafiq Ebrahim dba M & M Discount Market; DOCKET NUMBER: 2016-1523-PST-E; IDENTIFIER: RN102030855; LOCATION: Thorndale, Milam County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: JSD BUSINESS INCORPORATED dba Manor Food Mart; DOCKET NUMBER: 2016-1622-PST-E; IDENTIFIER: RN104809694; LOCATION: Manor, Travis County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.225, 40 Code of Federal Regulations §63.11120(a), and Texas Health and Safety Code, §382.085(b), by failing to comply with annual Stage I vapor recovery testing requirements; 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month; and by failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.51(b)(2) and TWC, §26.3475(c)(2), by failing to equip the UST system with a spill containment device that will prevent the release of regulated substances to the environment; PENALTY: $5,353; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(13) COMPANY: Lyondell Chemical Company; DOCKET NUMBER: 2016-1520-AIR-E; IDENTIFIER: RN100633650; LOCATION: Channelview, Harris County; TYPE OF FACILITY: petrochemical processing plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), Federal Operating Permit Number O1387, Special Terms and Conditions Number 25, New Source Review Permit Numbers 2993, 4121, and 19155, Special Conditions Number 1, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $4,088; Supplemental Environmental Project offset amount of $1,635; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: M&I Ventures, LLC dba Lucky Cornerstore Valero; DOCKET NUMBER: 2016-2081-PST-E; IDENTIFIER: RN106551930; LOCATION: Garland, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $2,568; ENFORCEMENT COORDINATOR: Anthony Rios, (512) 239-2557; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: NET-MAR, LLC; DOCKET NUMBER: 2016-1015-WR-E; IDENTIFIER: RN105056931; LOCATION: Jasper, Jasper County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §297.11 and TWC, §11.081 and §11.121, by failing to obtain authorization prior to impounding, diverting, or using state water; and TWC, §11.031 and 30 TAC §295.202(b), by failing to submit a Water Use Report to the TCEQ at the expiration of temporary Water Use Permit Numbers 121-14-0001 and 121-15-0001; PENALTY: $918; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(16) COMPANY: Orange County Water Control and Improvement District Number 1; DOCKET NUMBER: 2016-2007-PWS-E; IDENTIFIER: RN101417541; LOCATION: Vidor, Orange County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(A) and §290.110(b)(2) and (4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a minimum disinfectant residual of 0.2 milligrams per liter free chlorine in the water entering the distribution system and throughout the distribution system at all times; 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; 30 TAC §290.46(f)(2) and (3)(A)(iv), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director; and 30 TAC §290.46(n)(2), by failing to provide an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; PENALTY: $475; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(17) COMPANY: Qking Incorporated dba Star Mart 6; DOCKET NUMBER: 2016-1678-PST-E; IDENTIFIER: RN101671675; LOCATION: Copperas Cove, Coryell County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (UST) system; and 30 TAC §334.50(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: $4,876; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5886; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(18) COMPANY: Reyes Cantu dba Mi Taco Village and Ernesto Cantu dba Mi Taco Village; DOCKET NUMBER: 2016-2115-PWS-E; IDENTIFIER: RN103140802; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to conduct routine coliform monitoring; 30 TAC §290.46(f)(4) and §290.106(e), by failing to report the results of nitrate sampling to the ED; and 30 TAC §290.46(f)(4) and §290.118(e), by failing to report the results of secondary constituents sampling to the ED; PENALTY: $550; ENFORCEMENT COORDINATOR: Sarah Kim, (512) 239-4728; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(19) COMPANY: TIB - The Independent BankersBank dba Farmers Branch MTSO; DOCKET NUMBER: 2016-2094-PST-E; IDENTIFIER: RN101547453; LOCATION: Farmers Branch, Dallas County; TYPE OF FACILITY: emergency generator and a disaster recovery call center; RULES VIOLATED: 30 TAC §§334.7(d)(3) and (e)(2), 334.8(c)(5)(D)(i), and 334.54(c)(3)(C), by failing to provide an amended registration for any change or additional information regarding the underground storage tank (UST) within 30 days from the date of the occurrence of the change or addition; and by failing to submit a construction notification form and obtain a temporary delivery authorization prior to returning a temporarily out-of-service UST system to service; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST; 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 the petroleum UST; and 30 TAC §334.54(c)(3)(A) and TWC, §26.3475(d), by failing to ensure the integrity of the system by the performance of tank tightness and piping tightness tests before returning the temporarily out-of-service UST system to service; PENALTY: $5,352; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Z AND J, LLC dba Decent Store; DOCKET NUMBER: 2016-1847-PST-E; IDENTIFIER: RN102250669; LOCATION: Vidor, Orange County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,000; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-201700694

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 21, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of ZQS Corporation, Inc. DBA Mini Mart 102

SOAH Docket No. 582-17-2707

TCEQ Docket No. 2016-1052-PST-E

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

10:00 a.m. - March 16, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed November 21, 2017 concerning assessing administrative penalties against ZQS CORPORATION, INC. dba Mini Mart 102, for violations in Galveston County, Texas, of: Texas Water Code §26.3475(c)(1) and (d) and 30 Texas Admin. Code §§115.241(b)(1), 334.10(b), 334.48(c), 334.49(c)(2)(C) and (c)(4) and 334.50(b)(1)(A), (d)(1)(B)(ii), and (d)(1)(B)(iii)(I).

The hearing will allow ZQS CORPORATION, INC. dba Mini Mart 102, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford ZQS CORPORATION, INC. dba Mini Mart 102, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of ZQS CORPORATION, INC. dba Mini Mart 102 to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. ZQS CORPORATION, INC. dba Mini Mart 102, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Texas Water Code §7.054, Texas Water Code chs. 7 and 26, Texas Health & Safety Code ch. 382, and 30 Texas Admin. Code chs. 70, 115, and 334; Texas Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Texas Admin. Code §§70.108 and 70.109 and ch. 80, and 1 Texas Admin. Code ch. 155.

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

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

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

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

Issued: February 15, 2017

TRD-201700701

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 22, 2017


Notice of Water Rights Application

Notice issued February 15, 2017

APPLICATION NO. 14-5476D; Lower Colorado River Authority, P.O. Box 220, Austin, Texas 78767, Applicant, seeks to amend Certificate of Adjudication No. 14-5476 to add instream use, change the place of use, and authorize the use of the bed and banks of the Colorado River to convey water from the off-channel reservoir for subsequent diversion and use from any point along the Colorado River currently authorized by Certificate of Adjudication 14-5476. The application and partial fees were received on April 22, 2015. Additional information and fees were received on February 23 and April 28, 2016. The application was declared administratively complete and filed with the Office of the Chief Clerk on June 29, 2016. The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would contain special conditions including, but not limited to, measuring and recording requirements. The application, technical memoranda, and Executive Director's draft amendment are available for reviewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg F., Austin, TX 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 March 17, 2017.

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, 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 Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

TRD-201700700

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 22, 2017


Texas Department of Licensing and Regulation

Public Notice - Revised Enforcement Plan

The Texas Commission of Licensing and Regulation (Commission) provides this public notice that, at their regularly scheduled meeting held January 27, 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 Athletic Trainers 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 Athletic Trainers from the Texas Department of State Health Services to the Commission and Department. The Athletic Trainers penalty matrix provides for a single range of penalties 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 Athletic Trainers recommended approval of the revised matrix at their meeting held December 12, 2016. The penalty matrix was presented to the Commission on January 27, 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-201700673

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: February 17, 2017


Texas Lottery Commission

Scratch Ticket Game Number 1834 "Willy Wonka™ Golden Ticket"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1834 is "WILLY WONKA™ GOLDEN TICKET". The play style is "multiple games".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1834 shall be $10.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1834.

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: DOUBLE CHERRY SYMBOL, GOLD BAR SYMBOL, BANANA SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, PINEAPPLE SYMBOL, BELL SYMBOL, HORSESHOE SYMBOL, LEMON SYMBOL, HEART SYMBOL, STRAWBERRY SYMBOL, POT OF GOLD SYMBOL, FOUR LEAF CLOVER SYMBOL, GRAPE SYMBOL, PIGGYBANK SYMBOL, MELON SYMBOL, ORANGE SYMBOL, BANKROLL SYMBOL, TOP HAT SYMBOL, APPLE SYMBOL, FORTUNE COOKIE SYMBOL, RING SYMBOL, SODA POP SYMBOL, PEELED BANANA SYMBOL, MILK BOTTLE SYMBOL, STAR SYMBOL, MUSIC NOTE SYMBOL, GEM SYMBOL, STACK OF COINS SYMBOL, HOT SEVEN SYMBOL, SEVEN SYMBOL, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, MONEYBAG SYMBOL, $10.00, $20.00, $25.00, $50.00, $100, $250, $1,000, $10,000 and $250,000.

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. 1834 - 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 (1834), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 050 within each Pack. The format will be: 1834-0000001-001.

H. Pack - A Pack of the "WILLY WONKA™ GOLDEN TICKET" Scratch Ticket Game contains 050 fanfolded, perforated Tickets per Pack. The back of Ticket 001 will be exposed on top of the Pack and the back of Ticket 050 will be exposed on the bottom of the Pack.

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

J. Scratch Game Ticket, Scratch Ticket or Ticket - Texas Lottery "WILLY WONKA™ GOLDEN TICKET" Scratch Ticket Game No. 1834.

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 "WILLY WONKA™ GOLDEN TICKET" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 134 (one hundred thirty-four) Play Symbols. GAME 1 - BONUS BOXES: If a player reveals a BANKROLL Play Symbol in any BONUS box, the player wins the prize for that symbol. GAME 2 - KEY NUMBER MATCH: 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 "MONEYBAG" Play Symbol, the player wins the PRIZE for that symbol instantly! GAME 3 - SLOTS: If a player reveals 3 matching symbols in the same ROW, the player wins the PRIZE shown for that ROW. 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 134 (one hundred thirty-four) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

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

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

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

5. The Scratch Ticket shall be intact;

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

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

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

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

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

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

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

13. The Scratch Ticket must be complete and not miscut, and have exactly 134 (one hundred thirty-four) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket;

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

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

16. Each of the 134 (one hundred thirty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 134 (one hundred thirty-four) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. GAME 1 - BONUS BOXES: A non-winning Prize Symbol will never be the same as a winning Prize Symbol.

D. GAME 1 - BONUS BOXES: A Ticket may have up to two (2) matching non-winning Prize Symbols unless restricted by other parameters, play action or prize structure.

E. GAME 1 - BONUS BOXES: The "BANKROLL" (WIN) Play Symbol will only appear on winning Tickets.

F. GAME 1 - BONUS BOXES: The "BANKROLL" (WIN) Play Symbol may appear multiple times on winning Tickets in GAME 1 unless restricted by other parameters, play action or prize structure.

G. GAME 2 - KEY NUMBER MATCH: No matching non-winning "YOUR NUMBERS" Play Symbols on a Ticket.

H. GAME 2 - KEY NUMBER MATCH: No matching "WINNING NUMBERS" Play Symbols on a Ticket.

I. GAME 2 - KEY NUMBER MATCH: No prize amount in a non-winning spot will correspond with the "YOUR NUMBERS" Play Symbol (i.e., 10 and $10).

J. GAME 2 - KEY NUMBER MATCH: A Ticket may have up to six (6) matching non-winning Prize Symbols unless restricted by other parameters, play action or prize structure.

K. GAME 2 - KEY NUMBER MATCH: A non-winning Prize Symbol will never match a winning Prize Symbol.

L. GAME 2 - KEY NUMBER MATCH: The "MONEYBAG" (AUTO) Play Symbol will only appear on intended winning Tickets.

M. GAME 2 - KEY NUMBER MATCH: The "MONEYBAG" (AUTO) Play Symbol may appear multiple times on winning Tickets in Game 2 unless restricted by other parameters, play action or prize structure.

N. GAME 3 - SLOTS: A Ticket may have up to three (3) matching non-winning Prize Symbols unless restricted by other parameters, play action or prize structure.

O. GAME 3 - SLOTS: A non-winning Prize Symbol will never match a winning Prize Symbol.

P. GAME 3 - SLOTS: There will be no matching rows in any order.

2.3 Procedure for Claiming Prizes.

A. To claim a "WILLY WONKA™ GOLDEN TICKET" Scratch Ticket Game prize of $10.00, $20.00, $50.00, $100 or $250, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $250 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 "WILLY WONKA™ GOLDEN TICKET" Scratch Ticket Game prize of $1,000, $10,000 or $250,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 9,600,000 Scratch Tickets in Scratch Ticket Game No. 1834. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1834 - 4.0

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1834 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. 1834, 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-201700702

Bob Biard

General Counsel

Texas Lottery Commission

Filed: February 22, 2017


North Central Texas Council of Governments

Request for Proposals for a Parking Garage and Transportation Facility Interface Planning Study

The North Central Texas Council of Governments (NCTCOG) is requesting consultant assistance to conduct a Parking Garage and Transportation Facility Interface Planning Study. The study will explore opportunities for additional involvement in the planning, design and funding of parking garages that possess unique benefits aiding in innovative multifunctional outcomes at various locations in the region.

The purpose of this Request for Proposal is to secure engineering and planning expertise to assist communities in planning for a parking facility that maximizes the transportation land-use objectives of the community. These areas are included in Mobility 2040 as future planning areas and require a feasibility study to evaluate a parking interface to identify parking availability to reduce congestion and improve air quality.

Proposals must be received no later than 5:00 p.m., on Friday, March 31, 2017, to Michael Morris, P.E., Director of Transportation, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011. Copies of the Request for Proposals will be available at www.nctcog.org/rfp by the close of business on Friday, March 3, 2017.

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

TRD-201700693

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: February 21, 2017


Texas Board of Occupational Therapy Examiners

Correction of Error

The Texas Board of Occupational Therapy Examiners adopted new 40 TAC §374.5 in the February 17, 2017, issue of the Texas Register (42 TexReg 698). Due to a Texas Register staff error, the effective date of the new rule is incorrectly shown to be February 26, 2017. The correct effective date is March 1, 2017.

Additionally, the name of the chapter was published incorrectly. The correct name is Chapter 374. Disciplinary Actions/Detrimental Practice/Complaint Process/Code of Ethics/Licensure of Persons With Criminal Convictions.

TRD-201700692


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 February 16, 2017, to amend a state-issued certificate of franchise authority under Public Utility Regulatory Act §§66.001 - 66.016.

Project Title and Number: Application of Grande Communications Networks LLC for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 46864.

Grande Communications Networks LLC seeks to amend SICFA No. 90002 to reflect a change to its ownership. The interests in Grande's immediate parent company, Grande Parent, LLC, have been transferred to be held directly by Radiate HoldCo, LLC, a Delaware limited liability company, and indirectly by Radiate Holdings, L.P., a Delaware limited partnership. Grande stated that the change in ownership will not affect Grande's operations in 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 46864.

TRD-201700690

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 2017


Notice of Application for a Service Area Exception

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 14, 2017, to amend a certificate of convenience and necessity for a service area exception within Kerr County.

Docket Style and Number: Application of Pedernales Electric Cooperative, Inc. for an Amendment to a Certificate of Convenience and Necessity for a Service Area Exception in Kerr County. Docket Number 46854.

The Application: Pedernales Electric Cooperative, Inc. filed an application for a service area boundary exception to allow PEC to provide service to a specific customer located within the certificated service area of Central Texas Electric Cooperative, Inc. CTEC 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 10, 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 46854.

TRD-201700655

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 15, 2017


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on February 10, 2017, pursuant to the Texas Water Code.

Docket Style and Number: Application of Bent Trail HOA and Bethesda Water Supply Corporation for Sale, Transfer, or Merger of Facilities and Certificate Rights in Tarrant County, Docket Number 46846.

The Application: Bent Trail HOA and Bethesda Water Supply Corporation seek approval of a sale, transfer, or merger of facilities and certificate rights in Tarrant County. Specifically, Bethesda seeks approval to acquire all of the water system assets and service area of Bent Trail held under water certificate of convenience and necessity (CCN) No. 12376. Bethesda's water CCN No. 10089 will be amended. Bent Trail's CCN No. 12376 will be canceled. The total area being requested includes approximately 35 acres and serves 19 current customers.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 46846.

TRD-201700656

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 15, 2017


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

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on February 17, 2017, a petition to amend a certificate of convenience and necessity by expedited release in Collin County, Texas.

Docket Style and Number: Petition of Patricia Miller Deason to Amend Marilee Special Utility District's Certificate of Convenience and Necessity in Collin County by Expedited Release, Docket No. 46866.

The Petition: Patricia Miller Deason filed an application for expedited release of approximately 257.86 acres from Marilee Special Utility District in Collin County under Texas Water Code §13.254(a-5) and 16 Texas Administrative Code §24.113(r).

Persons wishing to comment on the action sought should contact the commission no later than March 20, 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 46866.

TRD-201700705

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2017


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

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on February 17, 2017, a petition to amend a certificate of convenience and necessity by expedited release in Collin County, Texas.

Docket Style and Number: Petition of Celina Partners, Ltd. to Amend Marilee Special Utility District's Certificate of Convenience and Necessity in Collin County by Expedited Release, Docket No. 46867.

The Petition: Celina Partners, Ltd. filed an application for expedited release of approximately 297.09 acres from Marilee Special Utility District in Collin County under Texas Water Code §13.254(a-5) and 16 Texas Administrative Code §24.113(r).

Persons wishing to comment on the action sought should contact the commission no later than March 20, 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 46867.

TRD-201700706

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2017


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

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on February 17, 2017, a petition to amend a certificate of convenience and necessity by expedited release in Collin County, Texas.

Docket Style and Number: Petition of Legacy Stables, LLC to Amend Marilee Special Utility District's Certificate of Convenience and Necessity in Collin County by Expedited Release, Docket No. 46868.

The Petition: Legacy Stables, LLC filed an application for expedited release of approximately 71.71 acres from Marilee Special Utility District in Collin County under Texas Water Code §13.254(a-5) and 16 Texas Administrative Code §24.113(r).

Persons wishing to comment on the action sought should contact the commission no later than March 20, 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 46868.

TRD-201700707

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2017


Request for Proposal - Technical Consulting Services

RFP Number 473-17-00004

The Public Utility Commission of Texas (PUCT) is issuing a Request for Proposals (RFP) to develop a Comprehensive Cybersecurity and Physical Security Outreach Program for Texas Electric Utilities, Electrical Cooperatives and Municipally-Owned Electric Utilities.

Scope of Work:

The PUCT is issuing this RFP for a contractor to develop a comprehensive Cybersecurity and Physical Security outreach program (Program) for Texas electric utilities, electric cooperatives and municipally-owned electric utilities (collectively, Texas utilities). The contractor shall perform appropriate research, and develop recommendations for the Program. The contractor shall deliver a report with the preliminary research, recommended Program design and other required recommendations by Thursday, June 15, 2017. The final work product, acceptable to PUCT, is due not later than Thursday, August 31, 2017. The contractor shall meet with the PUCT Executive Director, the PUCT Contract Manager, and any other staff designated by the PUCT at the PUCT's offices in Austin to present the final program no later than Thursday, August 31, 2017.

RFP documentation may be obtained by contacting:

Jay Stone

Public Utility Commission of Texas

RFPCorrespondence@puc.texas.gov

RFP documentation is also located on the PUCT website at http://www.puc.state.tx.us/agency/about/procurement/Default.aspx.

Deadline for proposal submission is Monday, April 3, 2017- 2:00 p.m., CST

TRD-201700698

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 21, 2017


Supreme Court of Texas

In the Supreme Court of Texas

Misc. Docket No. 17-9017

ORDER ADOPTING AMENDMENTS TO STATEWIDE RULES GOVERNING ELECTRONIC FILING IN CRIMINAL CASES

ORDERED that:

1. Pursuant to Tex. Const. Art. V, Sec. 31 and Sections 22.004, 22.108, 74.024, and 72.031 of the Texas Government Code, the Supreme Court of Texas, acting concurrently with the Court of Criminal Appeals, amends the Statewide Rules Governing Electronic Filing in Criminal Cases, to be effective May 1, 2017.

2. The attached Statewide Rules Governing Electronic Filing in Criminal Cases are intended to replace and supplant the Proposed Statewide Rules Governing Electronic Filing in Criminal Cases effective November 1, 2015 (Misc. Docket No. 15-004).

3. These rules may be changed in response to public comments received before April 19, 2017. Any interested party may submit written comments directed to Abel Acosta, Clerk of the Court, at abel.acosta@txcourts.gov.

4. The Clerk is directed to:

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

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

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

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

Dated: February 14, 2017.

____________________________

Nathan L. Hecht, Chief Justice

____________________________

Paul W. Green, Justice

____________________________

Phil Johnson, Justice

____________________________

Don R. Willett, Justice

____________________________

Eva M. Guzman, Justice

____________________________

Debra H. Lehrmann, Justice

____________________________

Jeffrey S. Boyd, Justice

____________________________

John P. Devine, Justice

____________________________

Jeffrey V. Brown, Justice

TRD-201700645

Martha Newton

Rules Attorney

Supreme Court of Texas

Filed: February 15, 2017


In the Supreme Court of Texas

Misc. Docket No. 17-9018

ORDER ADOPTING AMENDMENTS TO TEXAS RULE OF APPELLATE PROCEDURE 33.1

ORDERED that:

1. Pursuant to section 22.004 of the Texas Government Code, the Supreme Court amends Rule of Appellate Procedure 33.1, effective July 1, 2017.

2. This rule may be changed in response to public comments received before May 31, 2017. Any interested party may submit written comments directed to Abel Acosta, Clerk of the Court, at abel.acosta@txcourts.gov.

3. The Clerk is directed to:

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

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

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

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

Dated: February 14, 2017.

___________________________

Nathan L. Hecht, Chief Justice

___________________________

Paul W. Green, Justice

___________________________

Phil Johnson, Justice

___________________________

Don R. Willett, Justice

___________________________

Eva M. Guzman, Justice

___________________________

Debra H. Lehrmann, Justice

___________________________

Jeffrey S. Boyd, Justice

___________________________

John P. Devine, Justice

___________________________

Jeffrey V. Brown, Justice

TRD-201700660

Martha Newton

Rules Attorney

Supreme Court of Texas

Filed: February 16, 2017


Texas Department of Transportation

Aviation Division - Request for Proposals for Construction Manager-At-Risk

Nueces County (Owner), through its agent, the Texas Department of Transportation (TxDOT), intends to engage a qualified firm to provide Construction Manager-At -Risk (CMAR) services for the construction of a terminal building at the Nueces County Airport. This solicitation is being offered under the provisions of Government Code, Chapter 2269.

The complete Request for Proposals can be found online: http://www.txdot.gov/business/projects/aviation.html.

Seven completed, unfolded copies of Form AVN-553 (response) must be received by TxDOT Aviation Division no later than March 28, 2017, 2:30 p.m. Electronic facsimiles or responses sent by email will not be accepted. Please mark the envelope to the attention of Kelle Chancey, using one of the delivery methods below:

Mail or Overnight Delivery

TxDOT - Aviation

200 East Riverside Drive

Austin, Texas 78704

*Hand Delivery or Courier

TxDOT Riverside Campus, Building 150

150 East Riverside Drive, 1st Floor (check in at the guard's desk)

Austin, Texas 78704

Responses will be opened and read aloud on March 28, 2017, 2:30 p.m. in the offices of TxDOT Aviation Division, 150 East Riverside Drive, 5th floor South Tower, Room 107.

*If hand delivering your response, you must check in with the guard on the 1st floor main visitor's entrance on the east side of Building 150. The guard will contact the Aviation Division's reception desk to announce your arrival. At this time, please let the guard know if you are attending the opening or dropping off a response. If the guard contacts the Aviation Division's reception desk by the due date and time specified in this RFP, your response will be considered on time. An Aviation Division representative will meet you to accept your submittal. If a respondent wishes to attend the public opening of the responses, an Aviation Division representative will be available to escort respondents to the opening location. Please plan to arrive at least 30 minutes before the due date and time in order to accommodate any wait time while others are checking in with the guard.

In accordance with Government Code, §2269.253, this will be a one-step procurement process for the selection of a CMAR firm. Respondents shall utilize the latest version of Form AVN-553, titled "Request for Proposals Construction Manager-At-Risk Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, (800) 68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at http://www.txdot.gov/business/projects/aviation.html. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration pages. Respondents must carefully follow the instructions provided on each page of the form. Responses may not exceed the number of pages in the response format. The response format consists of ten pages of data plus an Exhibit A where the CMAR will indicate its fees. Responses shall be stapled but not bound in any other fashion. RESPONSES WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. A PRIME PROVIDER MAY ONLY SUBMIT ONE RESPONSE. IF A PRIME PROVIDER SUBMITS MORE THAN ONE RESPONSE, THAT PROVIDER WILL BE DISQUALIFIED.

The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE). The DBE goal for the preconstruction phase is 0%. The goal will be re-set for the construction phase. The TxDOT Project Manager is Stephanie Kleiber, PE.

The selection committee will be composed of TxDOT Aviation Division staff. The committee will have no more than 45 days after the date on which the responses are opened to evaluate and rank each proposal. The final selection by the committee will generally be made following the completion of review of responses. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation Division for any technical or procedural questions at avnrfq@txdot.gov or (800) 68-PILOT. For procedural questions, please contact Kelle Chancey, Grant Manager. For technical questions, please contact Stephanie Kleiber, Project Manager.

TRD-201700703

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: February 22, 2017


Aviation Division - Request for Qualifications for Professional Services

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

Airport Sponsor: City of Sugar Land, Sugar Land Regional Airport, TxDOT CSJ No. 17MPSUGAR.

A voluntary pre-submittal meeting is scheduled at 1:15 p.m. on March 15, 2017, at the Sugar Land Regional Airport Terminal Building, 12888-B Highway 6 South, Sugar Land, Texas 77498. After the meeting, there will be an opportunity for interested firms to ask questions and tour the airport facilities. To arrange a tour of the airport facilities after the meeting, contact Cassy Slater, Operations Manager, Sugar Land Regional Airport, at (281) 275-2100. This is the only available time for interested firms to visit with local designated representatives prior to the AVN-551 submission.

Scope: Prepare an Airport Master Plan Update for the City in accordance with the most recent version of Federal Aviation Administration (FAA) Advisory Circular 150/5070-6B, currently Change 2, Airport Master Plans, and other current appropriate federal orders and advisory circulars, plus any local requirements. Visit http://www.dot.state.tx.us/av/avninfo/notice/consult/index.htm to view the complete Request for Qualifications notice.

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

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

The DBE goal is set at 0%. The TxDOT Project Manager is Daniel Benson.

AVN-551 Preparation Instructions:

Interested firms shall utilize the latest version of Form AVN-551, titled "Qualifications for Aviation Planning Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, (800) 68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-551 template. The AVN-551 consists of eight pages of data plus one optional illustration page. Firms may use two pages of technical approach continuation (Page 7 of 8). A prime provider may only submit one AVN-551. If a prime provider submits more than one AVN-551, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

The completed Form AVN-551 must be received in the TxDOT Aviation eGrants system no later than March 28, 2017, 11:59 PM. (CDST). Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

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

Please contact TxDOT Aviation for any technical or procedural questions at (800) 68-PILOT (74568). For procedural questions, please contact Beverly Longfellow, Grant Manager. For technical questions please contact Daniel Benson, Project Manager. For questions regarding responding to this solicitation in eGrants, please contact the TxDOT Aviation help desk at (800) 687-4568 or avn-egrantshelp@txdot.gov.

TRD-201700659

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Filed: February 16, 2017


Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following website:

www.txdot.gov/inside-txdot/get-involved/about/hearings-meetings.html

Or visit www.txdot.gov, and under How Do I, choose Find Hearings and Meetings, then choose Hearings and Meetings, and then choose Schedule.

Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4500 or 1-800-68-PILOT.

TRD-201700695

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: February 21, 2017