IN ADDITION

Office of the Attorney General

Texas Water Code Settlement Notice

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

Case Title and Court: State of Texas v. Boling Municipal Water District, Cause No. D-1-GN-17-002030; in the 53rd Judicial District Court, Travis County, Texas.

Nature of Defendant's Operations: Defendant Boling Municipal Water District is a conservation and reclamation district under Section 59, Article XVI of the Texas Constitution, and a municipal corporation that is located in Boling, Wharton County, Texas. The State initiated this suit to enforce Texas statutes and rules governing water districts. Specifically, Defendant had failed to submit its annual financial reporting documents to the Texas Commission on Environmental Quality ("TCEQ") for fiscal years 2011 to 2015.

Proposed Agreed Final Judgment: The proposed Agreed Final Judgment and Permanent Injunction ("Judgment") requires Defendant to submit all outstanding reporting documents to TCEQ within 210 days of the Judgment, and to make timely submissions of such documents for all future fiscal years. It assesses civil penalties against Defendant in the amount of $30,000, and awards the State its reasonable attorney's fees in the amount of $7,500.

For a complete description of the proposed settlement, the complete Judgment should be reviewed. Requests for copies of the Judgment, and written comments on the proposed settlement, should be directed to Phillip Ledbetter, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, MC 066, Austin, Texas 78711-2548; phone (512) 475-4152; facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-201704073

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: October 10, 2017


Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil - September 2017

The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of oil for reporting period September 2017 is $36.08 per barrel for the three-month period beginning on June 1, 2017, and ending August 31, 2017. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of September 2017, from a qualified low-producing oil lease, is not eligible for a credit on the oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period September 2017 is $2.13 per mcf for the three-month period beginning on June 1, 2017, and ending August 31, 2017. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of September 2017, from a qualified low-producing well, is eligible for a 100% credit on the natural gas production tax imposed by Tax Code, Chapter 201.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of September 2017 is $49.88 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of September 2017 from a qualified low-producing oil well.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of September 2017 is $3.01 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of September 2017 from a qualified low-producing gas well.

Inquiries should be submitted to Teresa G. Bostick, Director, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-201704064

Lita Gonzalez

General Counsel

Comptroller of Public Accounts

Filed: October 9, 2017


Notice of Request for Proposals

Pursuant to Chapters 403 and 2115, and §2155.001 and §2156.121, of the Texas Government Code, the Texas Comptroller of Public Accounts ("Comptroller") announces its Request for Proposals No. 219m ("RFP") from qualified individuals or independent firms to provide overpayment recovery audit services to participating Texas state agencies and institutions of higher education ("Participating State Agencies") as assigned by Comptroller. One or more successful respondents will assist Comptroller in conducting overpayment recovery audits of Participating State Agencies and providing other related services, as directed by Comptroller. Comptroller reserves the right to award one or more contracts under this RFP. The successful respondent(s), if any, will be expected to begin performance of the contract(s), if any, awarded under this RFP on or about January 1, 2018, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact Cindy Stapper, 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 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, October 20, 2017. The times stated in this notice refer to Central Time, Austin, Texas.

Questions: All questions regarding the RFP must be received in the Issuing Office no later than 2:00 p.m. CT on Friday, November 3, 2017. Questions received after the deadline will not be considered. Prospective respondents are encouraged to fax or email questions to (512) 463-3669 or contracts@cpa.texas.gov to ensure timely receipt. On or about Friday, November 17, 2017, 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, December 1, 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. 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 - October 20, 2017, after 10:00 a.m. CT; Questions Due - November 3, 2017, 2:00 p.m. CT; Official Responses to Questions posted - November 17, 2017; Proposals Due - December 1, 2017, 2:00 p.m. CT; Contract Execution - December 29, 2017, or as soon thereafter as practical; Commencement of Work - January 1, 2018. 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-201704090

Cindy Stapper

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: October 11, 2017


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 10/16/17 - 10/22/17 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 10/16/17 - 10/22/17 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-201704075

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: October 10, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is November 20, 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 November 20, 2017. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: Al S. Jabouri dba Rivers Inn RV Park; DOCKET NUMBER: 2015-1806-PWS-E; IDENTIFIER: RN101262673; LOCATION: Manvel, Brazoria County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(A) and (f) and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect a routine distribution water sample for coliform analysis and failing to issue public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to conduct routine distribution coliform monitoring; 30 TAC §290.109(c)(4)(B) and §290.122(c)(2)(A) and (f), by failing to collect a raw groundwater source Escherichia coli sample from the facility's one active source within 24 hours of notification of a distribution total coliform-positive result on a routine sample and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to collect a raw groundwater source sample; 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to conduct routine distribution coliform monitoring; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(A) and (f) and THSC, §341.033(d), by failing to collect five increased distribution coliform samples the month following a total coliform-positive sample result and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to conduct increased coliform monitoring following a total coliform-positive result for the month; and 30 TAC §290.51(b) and TWC, §5.702, by failing to pay all annual Public Health Service fees; PENALTY: $1,002; ENFORCEMENT COORDINATOR: Jim Fisher, (512) 239-2537; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: CEMEX Construction Materials South, LLC; DOCKET NUMBER: 2016-0482-PWS-E; IDENTIFIER: RN102679107; LOCATION: Odessa, Ector County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(e)(2), (h), and (i)(3) and §290.122(c)(2)(A) and (f) and 40 Code of Federal Regulations (CFR) §141.87 and §141.90(a), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample sites for two consecutive six-month periods following the January 1, 2005 - December 31, 2013, monitoring period during which the lead and copper action levels were exceeded, have the samples analyzed, and report the results to the executive director (ED), and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to conduct all of the required water quality parameter sampling during the January 1, 2014 - June 30, 2014 and July 1, 2014 - December 31, 2014, monitoring periods; 30 TAC §290.117(d)(2)(A), (h), and (i)(2) and §290.122(c)(2)(A) and (f) and 40 CFR §141.88 and §141.90(b), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2005 - December 31, 2013, monitoring period during which the lead and copper action levels were exceeded, have the samples analyzed, and report the results to the ED, and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2005 - December 31, 2013, monitoring period; 30 TAC §290.117(g)(2)(A) and §290.122(b)(2)(B) and (f) and 40 CFR §141.83 and §141.90(d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2005 - December 31, 2013, monitoring period during which the lead and copper action levels were exceeded, and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for source water treatment; 30 TAC §290.117(f)(3)(A) and §290.122(b)(2)(B) and (f) and 40 CFR §§141.81(e)(1), 141.82(a), and 141.90(c)(2), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2005 - December 31, 2013, monitoring period during which the lead and copper action levels were exceeded, and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment; and 30 TAC §290.122(b)(2)(B) and (f), by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to provide public education materials following the lead action level exceedance during the January 1, 2005 - December 31, 2013, January 1, 2014 - June 30, 2014, July 1, 2014 - December 31, 2014, and January 1, 2015 - June 30, 2015, monitoring periods; PENALTY: $750; Supplemental Environmental Project offset amount of $300; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(3) COMPANY: City of Eldorado; DOCKET NUMBER: 2017-0844-PWS-E; IDENTIFIER: RN101210904; LOCATION: Eldorado, Schleicher County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(D)(v) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide emergency power that will deliver water at a rate of 0.35 gallon per minute per connection in the event of the loss of normal power supply for systems that do not meet the elevated storage requirement and serve 250 or more service connections; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block that extends at least three feet from the well casing in all directions, is at least six inches thick and is sloped to drain away from the easement at not less than 0.25 inches per foot; 30 TAC §290.41(c)(3)(O), by failing to provide an intruder-resistant fence at all completed well units; 30 TAC §290.42(f)(1)(C), by failing to provide all chemical day tanks with a label that identifies the tank's contents and a device that indicates the amount of chemical remaining in the tank; 30 TAC §290.43(c)(3), by failing to maintain the facility's storage tanks in strict accordance with current American Water Works Association standards with an overflow pipe that terminates downward with a gravity-hinged and weighted cover tightly fitted with no gap over 1/16 inch; 30 TAC §290.46(f)(2), (3)(A)(i)(II), and (B)(ii), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; and 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; 30 TAC §290.46(j), by failing to complete a customer service inspection certificate prior to providing continuous service to new construction or any existing service when the water purveyor has reason to believe that a cross-connection or other potential contamination hazards exist; 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(n)(1), by failing to maintain accurate and up-to-date detailed as-built plans or record drawings for each treatment plant, pump station, and storage tanks at the public water system until the facility is decommissioned; 30 TAC §290.46(s), by failing to use accurate testing equipment to monitor the effectiveness of any chemical treatment; 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meters at least once every three years; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; 30 TAC §290.44(h)(1)(A), by failing to install a backflow prevention assembly at all residences or establishments where an actual or potential contamination hazard exists, as identified in 30 TAC §290.47(f); and 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection for a system with more than 250 connections; PENALTY: $2,200; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(4) COMPANY: City of Turkey; DOCKET NUMBER: 2016-1311-PWS-E; IDENTIFIER: RN101240182; LOCATION: Turkey, Hall County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to timely submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the executive director (ED) each quarter by the tenth day of the month following the end of the quarter for the fourth quarter of 2015; 30 TAC §290.109(c)(4)(B), by failing to collect one raw groundwater source Escherichia coli sample from each active well within 24 hours of notification of a distribution total coliform-positive sample collected for the month of November 2015; 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 submit the results to the ED for the January 1, 2013 - December 31, 2015, monitoring period, and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2013 - December 31, 2015, monitoring period; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data for 2014; and 30 TAC §290.122(a)(3)(B), (c)(2)(A), and (f), by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to comply with the acute maximum contaminant level for nitrate during the first quarter of 2016, the failure to timely submit the DLQOR for the third quarter of 2013 and the fourth quarter of 2014, and the failure to conduct triggered source monitoring for the month of May 2013; PENALTY: $765; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(5) COMPANY: Federal Reserve Bank of Dallas; DOCKET NUMBER: 2017-0690-PST-E; IDENTIFIER: RN101653475; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: underground storage tank (UST) with an emergency generator; RULES VIOLATED: 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 §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.42(i) and TWC, §26.3475(c)(2), by failing to inspect all sumps, manways, overspill containers, or catchment basins associated with a UST system at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight; 30 TAC §334.602(a), by failing to designate, train, and certify at least one named individual for each class of operator - Class A, Class B, and Class C for the facility; and 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; PENALTY: $7,913; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(6) COMPANY: MALIKA INVESTMENT INCORPORATED dba TEXAS PICK-UP; DOCKET NUMBER: 2017-0988-PST-E; IDENTIFIER: RN102249059; LOCATION: Oak Ridge, Cooke 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: $2,813; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: NAA ENTERPRISES INCORPORATED dba In and Out Express 3; DOCKET NUMBER: 2017-0584-PST-E; IDENTIFIER: RN102273893; LOCATION: San Antonio, Bexar 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 §334.49(a)(4) and TWC, §26.3475(d), by failing to provide corrosion protection to all underground metal components of a UST system which are designed or used to convey, contain, or store regulated substances; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube for each regulated UST according to the UST registration and self-certification form; 30 TAC §334.602(a)(4), by failing to have at least one certified operator present at the facility at all times during hours of operation; 30 TAC §334.51(a)(6) and TWC, §26.3475(c)(2), by failing to ensure that all spill and overfill prevention devices are maintained in good operating condition; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $11,526; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: Preferred Petroleum Services Incorporated; DOCKET NUMBER: 2017-0917-PST-E; IDENTIFIER: RN108918665; LOCATION: Haltom City, Tarrant County; TYPE OF FACILITY: common carrier; RULES VIOLATED: 30 TAC §334.5(b)(1)(A) and TWC, §26.3467(d), by failing to deposit a regulated substance into a regulated underground storage tank system that was covered by a valid, current TCEQ delivery certificate; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Ronnie B. Hays; DOCKET NUMBER: 2017-1231-WOC-E; IDENTIFIER: RN105172431; LOCATION: Winona, Smith County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 2616 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(10) COMPANY: SKYTOP HIP HOP INCORPORATED dba Skytop Food Mart; DOCKET NUMBER: 2017-0717-PST-E; IDENTIFIER: RN102839735; LOCATION: San Antonio, Bexar 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 tank for releases at a frequency of at least once every month; PENALTY: $5,062; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(11) COMPANY: Tennessee Gas Pipeline Company, L.L.C.; DOCKET NUMBER: 2017-0582-AIR-E; IDENTIFIER: RN100221274; LOCATION: East Bernard, Wharton County; TYPE OF FACILITY: natural gas compressor station; RULES VIOLATED: 30 TAC §122.121 and §122.210(a) and Texas Health and Safety Code, §382.054 and §382.085(b), by failing to submit an application to revise a federal operating permit to change, add, or remove one or more permit terms or conditions; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Jo Hunsberger, (512) 239-1274; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: TUCKER FUEL AND OIL, COMPANY; DOCKET NUMBER: 2017-0749-PST-E; IDENTIFIER: RN100524263; LOCATION: Hutchins, Dallas County; TYPE OF FACILITY: repair shop with retail sales of petroleum; RULES VIOLATED: 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to inspect and test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.45(c)(3)(A), by failing to ensure that emergency shutoff valves are securely anchored at the base of the dispensers; 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; and 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; PENALTY: $27,256; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Vincent Farr; DOCKET NUMBER: 2017-0788-WQ-E; IDENTIFIER: RN108335308; LOCATION: Jasper, Jasper County; TYPE OF FACILITY: aggregate production operation (APO); RULE VIOLATED: 30 TAC §342.25(b), by failing to register the site as an APO no later than the 10th business day before the beginning date of regulated activities; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(14) COMPANY: Westdale Royal Lane, LP; DOCKET NUMBER: 2017-0930-PST-E; IDENTIFIER: RN101538775; LOCATION: Irving, Dallas County; TYPE OF FACILITY: underground storage tank (UST) system and an emergency generator; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(b), by failing to provide release detection for the suction piping associated with the UST system; 30 TAC §334.602(a), by failing to designate, train, and certify at least one named individual for each class of operator - Class A, Class B, and Class C - for the facility; 30 TAC §334.7(d)(1)(A) and (3), by failing to submit a UST registration and self-certification form within 30 days of ownership change; and 30 TAC §334.48(d) and §334.51(a)(6) and TWC, §26.3475(c)(2), by failing to maintain spill prevention equipment in good operating condition; PENALTY: $5,955; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201704069

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 10, 2017


Enforcement Orders

An agreed order was adopted regarding South Central Industrial Properties VII, L.P., Docket No. 2016-0153-PWS-E on October 10, 2017, assessing $52 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Elizabeth Harkrider, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Ty Osmani dba Lucky Stop 8 and Lucky Stop 2, Docket No. 2016-0751-PST-E on October 10, 2017, assessing $7,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Isaac Ta, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Ty Osmani dba Lucky Stop 10, Docket No. 2016-0774-PST-E on October 10, 2017, assessing $5,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Isaac Ta, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding MAGNOLIA TRUCK TIRE SERVICE, INC., Docket No. 2016-1138-MSW-E on October 10, 2017, assessing $7,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jake Marx, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding YORK INC dba Discount Mart, Docket No. 2017-0155-PST-E on October 10, 2017, assessing $2,567 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding C-Store Products Inc dba The Gas Station, Docket No. 2017-0243-PST-E on October 10, 2017, assessing $3,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Eric Grady, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201704088

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 11, 2017


Notice of Information Request to Compile a Preapproved List of Natural Gas Engines and Vehicles Approved for Grant Eligibility under the Texas Natural Gas Vehicle Grant Program

The Texas Natural Gas Vehicle Grant Program (TNGVGP) is established under Texas Health and Safety Code, Chapter 394, to be administered by the Texas Commission on Environmental Quality (TCEQ or agency). The TNGVGP is one of several incentive programs under the Texas Emissions Reduction Plan (TERP) to reduce nitrogen oxides (NOX) emissions in certain areas of the state.

The TNGVGP will provide grants to eligible projects to replace existing medium-duty and heavy-duty vehicles with new vehicles powered by compressed natural gas (CNG), liquefied natural gas (LNG), or liquefied petroleum gas (LPG). The replacement project may include purpose-built alternative fuel vehicles and engines and may also include new vehicles and engines converted to operate on an eligible fuel.

The TNGVGP will also provide grants to eligible projects to repower an existing vehicle with an eligible engine operating on an eligible fuel or to convert the existing engine to operate on one of the eligible fuels.

In order to implement the program, the TCEQ is issuing this information request to assist the agency to compile a list of approved natural gas vehicles and/or engines eligible for grant funding. This request applies to new heavy-duty on-road CNG, LNG, and LPG engines, as well as new vehicles classified by the United States Environmental Protection Agency (EPA) as Medium Duty Passenger Vehicles, 8,501 to 10,000 pounds Gross Vehicle Weight Rating. Chassis-certified heavy-duty vehicles and certain CNG, LNG, and LPG conversion systems may also be eligible to be included on the list.

For purposes of this request, a respondent must be the manufacturer of the vehicle, engine, or conversion system certifying compliance with current federal NOX emissions standards. Other entities should not complete the forms. However, the respondent completing the forms should work with other applicable entities, as needed, to compile any cost information requested in the forms.

To respond to this request, the appropriate entities should visit TCEQ's TERP website at www.terpgrants.org for further instructions and forms. Vehicles, engines, or conversion systems not included on the list will not be eligible for funding under the program. However, the TCEQ will accept responses on a continuous basis and may add vehicles, engines, or conversion systems to the list as they are certified by the EPA.

For additional information regarding this information request, please contact Ron Hieser, Implementation Grants Section, at (512) 239-0244, or toll free at (800) 919-TERP (8377).

TRD-201704021

David Timberger

Director, General Law Division

Texas Commission on Environmental Quality

Filed: October 6, 2017


Notice of Informational Meeting on an Air Quality Standard Permit for Permanent Rock and Concrete Crushers Proposed Air Quality Registration Number 148112

APPLICATION. Asphalt Inc., LLC, 11675 Jollyville Road Suite 150, Austin, Texas 78759-4108 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration Number 148112, which would authorize construction of a permanent rock crusher. The facility is proposed to be located from the intersection of U.S. Highway 281 and Flat Rock Road, site entrance is approximately 90 feet west of Flat Rock Road along the west side of U.S. Highway 281, Marble Falls, Burnet County, Texas 78654. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=30.495&lng=-98.32389&zoom=13&type=r. This application was submitted to the TCEQ on August 14, 2017. The executive director has determined the application was technically complete on August 21, 2017.

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

CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Austin Regional Office, located at 12100 Park 35 Circle Bldg. A Rm 179, Austin, Texas 78753-1808, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.

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

Thursday, October 26, 2017, at 7:00 p.m.

Lakeside Pavilion

307 Buena Vista

Marble Falls, Texas 78654

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

Further information may also be obtained from Asphalt Inc., LLC, 11675 Jollyville Road Suite 150, Austin, Texas 78759-4108, or by calling Mr. Eric Shelander, Environmental Specialist, Westward Environmental, Inc. at (830) 249-8284.

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

Issued: October 6, 2017

TRD-201704083

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 11, 2017


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

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

A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on November 20, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239 3434. The commission's attorneys are available to discuss the DO and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the DO shall be submitted to the commission in writing.

(1) COMPANY: Samuel Coronado dba Citrus Trailer Park; DOCKET NUMBER: 2016-0632-PWS-E; TCEQ ID NUMBER: RN102319720; LOCATION: 11348 United States Highway 83 Business near La Feria, Cameron County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §§290.46(f)(4), 290.106(e), 290.107(e), and 290.115(e), by failing to submit routine reports and any additional documentation that the executive director (ED) may require to determine compliance with the requirements 30 TAC Chapter 290; 30 TAC §290.117(c)(2)(A), (h), and (i)(1), 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; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with the compliance monitoring data; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay annual Public Health Service fees and/or any associated late fees for TCEQ Financial Administration Account Number 90310017; PENALTY: $1,176; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-201704071

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 10, 2017


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

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is November 20, 2017. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on November 20, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: AMR FINANCIALS, INC dba Sunny Food Mart; DOCKET NUMBER: 2017-0304-PST-E; TCEQ ID NUMBER: RN102464617; LOCATION: 16999 State Highway 36 South, Somerville, Burleson County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $3,375; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: City of Celina; DOCKET NUMBER: 2016-1715-MWD-E; TCEQ ID NUMBER: RN102336567; LOCATION: 700 North Florida Drive, approximately 2,500 feet north of the intersection of Florida Drive and Farm-to-Market Road 455, Celina, Collin County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, §26.121(a)(1) and (c), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0014246001, Permit Condition 2.g., by failing to prevent the unauthorized discharge of a pollutant into or adjacent to water in the state; 30 TAC §319.302, by failing to adequately notify the appropriate local government officials and the local media of an unauthorized discharge; and 30 TAC §305.125(1) and (9)(A) and TPDES Permit Number WQ0014246001, Monitoring and Reporting Requirement Number 7.a., by failing to submit written notification of noncompliance to the TCEQ Dallas/Fort Worth Regional Office and the Enforcement Division within five working days of becoming aware of the noncompliance; PENALTY: $13,158; Supplemental Environmental Project offset amount of $13,158 applied to Lift Station Upgrades; STAFF ATTORNEY: Jake Marx, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: CITY READY MIX, INC.; DOCKET NUMBER: 2017-0679-WQ-E; TCEQ ID NUMBER: RN107737470; LOCATION: approximately 16 miles north of the intersection of Farm-to-Market Road 3338 and Mines Road, Laredo, Webb County; TYPE OF FACILITY: aggregate production operation; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization under Texas Pollutant Discharge Elimination System General Permit Number TXR050000 to discharge storm water associated with industrial activities; PENALTY: $1,125; STAFF ATTORNEY: Jake Marx, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(4) COMPANY: CYDIA INC dba Kerens Quik Stop; DOCKET NUMBER: 2016-1970-PST-E; TCEQ ID NUMBER: RN101546703; LOCATION: 411 Northwest 2nd Street, Kerens, Navarro County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; TWC, §26.3475(d) and 30 TAC §334.49(c)(4)(C), by failing to inspect and test the cathodic protection system for operability and adequacy of protection at a frequency of at least once every three years; and 30 TAC §334.605(a), by failing to ensure that a certified Class A and B Operator is re-trained within three years of their last training date; PENALTY: $10,801; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: DONA PAOLA, LLC; DOCKET NUMBER: 2017-0499-PST-E; TCEQ ID NUMBER: RN102847209; LOCATION: 4425 East 14th Street, Brownsville, Cameron County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b) and §334.49(e)(1), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(a) and 30 TAC §334.50(b)(2)(A)(ii)(I), by failing to provide release detection for the pressurized piping associated with the USTs; TWC, §26.3475(a) and 30 TAC §334.50(b)(2)(A)(i)(III), by failing to test the line leak detectors at least once per year for performance and operational reliability; TWC, §26.3475(c)(2) and 30 TAC §334.42(i), by failing to inspect all sumps including dispenser sumps, manways, overspill containers, or catchment basins associated with the USTs at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid-tight and free of any liquid or debris; and 30 TAC §334.602(a), by failing to identify and designate for the UST facility at least one named individual for each class of operator - Class A, B, and C; PENALTY: $6,984; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(6) COMPANY: Harrington Environmental Services, LLC; DOCKET NUMBER: 2016-1333-MLM-E; TCEQ ID NUMBER: RN102328655; LOCATION: one mile east of the intersection of Farm-to-Market Road 2331 and Farm-to-Market Road 4, on the south side of Farm-to-Market Road 4, in or near Godley, Johnson County; TYPE OF FACILITY: composting facility; RULES VIOLATED: 30 TAC §332.3(b), by failing to obtain a compost registration from the TCEQ prior to beginning composting operations; and TWC, §26.121(a) and 30 TAC §330.15(a) and (c) and §335.4, by causing, suffering, allowing, or permitting the collection, storage, transportation, processing, or disposal of municipal solid waste and/or industrial solid waste; PENALTY: $6,250; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Jose C. Deleon dba Deleon Meat Market; DOCKET NUMBER: 2016-1495-PST-E; TCEQ ID NUMBER: RN103027637; LOCATION: 2601 East Monte Cristo Road, Edinburg, Hidalgo County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the USTs; TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $12,765; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(8) COMPANY: Q ENVIRONMENTAL, INC.; DOCKET NUMBER: 2015-0708-MLM-E; TCEQ ID NUMBER: RN100641323; LOCATION: 4000 Blaffer Street, Houston, Harris County; TYPE OF FACILITY: used oil processing facility; RULES VIOLATED: 30 TAC §324.4(2)(C)(ii) and 40 Code of Federal Regulations (CFR) §279.56, by failing to comply with the used oil recycling prohibitions; 30 TAC §§324.1, 324.6, and 324.11 - 324.13 and 40 CFR §§279.22(b), 279.45(c)(1) and (2), 279.54(b)(1) and (2), and 279.70(c)(2) and (3), by failing to store used oil in containers that are in good condition and not leaking; 30 TAC §328.23(a), by failing to prevent the storage of used oil filters in a manner that resulted in the discharge of oil into soil or water; 30 TAC §§324.1, 324.11 - 324.13, and 328.26(d) and 40 CFR §§279.45(g)(1), 279.54(f)(1), and 279.70(c)(2) and (3), by failing to mark or clearly label used oil storage containers with the words "Used Oil" and "Used Oil Filters;" 30 TAC §§335.62, 335.503(a), 335.504, 335.511, and 335.513 and 40 CFR §262.11, by failing to conduct hazardous waste determinations and waste classifications; 30 TAC §335.6(c), by failing to update the facility's Notice of Registration regarding all generated waste streams and associated waste management units; 30 TAC §335.6(h), by failing to submit a written notice to the TCEQ which includes the type(s) of industrial solid waste (ISW) or municipal hazardous waste to be recycled, the method of storage prior to recycling, and the nature of the recycling activity at least 90 days prior to engaging in such activities; and 30 TAC §335.4, by failing to prevent the unauthorized disposal of ISW; PENALTY: $21,638; STAFF ATTORNEY: Elizabeth Lieberknecht, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: Shady Shores Development, Inc. dba Shady Shores Water System; DOCKET NUMBER: 2016-1861-PWS-E; TCEQ ID NUMBER: RN101203222; LOCATION: Catalina Street, about four miles east of United States Highway 259, near Ore City, Marion County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code (THSC), §341.0315(c) and 30 TAC §290.45(b)(1)(C)(i), by failing to provide a well capacity of 0.6 gallons per minute per connection; THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(C)(ii), by failing to provide a total storage capacity of 200 gallons per connection; and THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(C)(iv), by failing to provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; PENALTY: $225; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(10) COMPANY: SHUJAT HOLDING COMPANY dba Big MS 3; DOCKET NUMBER: 2017-0276-PST-E; TCEQ ID NUMBER: RN106512833; LOCATION: 1918 Strickland Drive, Orange, Orange County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.45(e)(2)(D), by failing to equip all fill pipes in a UST system with a removable or permanent factory-constructed drop tube extending to within 12 inches of the tank bottom; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(c)(1) and 30 TAC §334.45(d)(1)(E)(iii) and §334.50(d)(7), by failing to monitor the interstice of the secondarily contained UST; 30 TAC §334.8(c)(5)(C), by failing to ensure a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube for each regulated UST according to the UST registration and self-certification form; TWC, §26.3475(c)(2) and 30 TAC §334.42(i), by failing to inspect all sumps, including dispenser sumps, manways, overspill containers, or catchment basins associated with a UST system at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight and free of any liquid or debris; and 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $8,231; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(11) COMPANY: Trinity River Authority of Texas and City of Irving; DOCKET NUMBER: 2017-0444-WQ-E; TCEQ ID NUMBER: RN109623702; LOCATION: in the vicinity of 5500-5601 Riverside Drive, Irving, Dallas County; TYPE OF FACILITY: the Central Elm Fork Interceptor and a connected wastewater collection system; RULE VIOLATED: TWC, §26.121(a)(1) and (c), by failing to prevent an unauthorized discharge of wastewater into or adjacent to any water in the state; PENALTY: $13,500; STAFF ATTORNEY: Elizabeth Carroll Harkrider, Litigation Division, MC 175, (512) 239-2008; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201704070

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 10, 2017


Notice of Opportunity to Request a Public Meeting for Development Permit for Construction over a Closed Municipal Solid Waste Landfill - Permit No. 62029

APPLICATION. RI Corpus Property, LP (13647 Montfort Drive, Dallas, Texas 75240) has applied to the Texas Commission on Environmental Quality (TCEQ) for a development permit for construction over a closed municipal solid waste landfill (Proposed Permit No. CP-62029). The proposed development concerns a tract of land of approximately 2.44 acres located at 5214 Oakhurst Drive, Corpus Christi, Texas 78411, and consists of an enclosed four-story hotel, with a total footprint of about 75,573 square feet with associated driveways, parking areas, and supporting utilities. The development permit, if issued, will allow the applicant to build the above mentioned building over the closed municipal solid waste landfill, and to operate it in accordance with the permit. A copy of the development permit application is available for public viewing at the Corpus Christi Public Library, 805 Comanche, Corpus Christi, Texas 78401 and may be viewed online at the following URL: http://www.scsengineers.com/state/. The following webpage which provides an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice. https://www.tceq.texas.gov/assets/public/hb610/index.html?lat=27.716689&lng=- 97.395555&zoom=13&type=r. For the exact location, please refer to the application.

PUBLIC COMMENT/ PUBLIC MEETING. Written public comments or written requests for a public meeting must be submitted to the Office of Chief Clerk at the address included in the information section below, within 30 days from the date of newspaper publication of this Notice. A public meeting will be held by the executive director if requested by a member of the legislature who represents the general area where the development to be located, or if there is a substantial public interest in the proposed development. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing.

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

EXECUTIVE DIRECTOR ACTION. The Executive Director will issue his decision to either approve or deny the development permit application approximately 5 days following the public meeting or the ending of public comments period. Notice of decision will be mailed to the owner and to each person that requested notification of the executive director's decision. If an affected person wishes to appeal the Executive Director's decision, they may do so by filing a written Petition for Review with the Chief Clerk of the Commission no later than 10 days after the date on which notice of the decision is mailed to the applicant and to each person who requested notification. Written Petition for Review should include: (1) your name, mailing address and daytime phone number; and (2) the permit number or other recognizable reference to this application.

INFORMATION. Written public comments or requests to be placed on the permanent mailing list for this application should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087, or electronically submitted to http://www10.tceq.state.tx.us/epic/ecmnts/. If you choose to communicate with the TCEQ electronically, please be aware that your e-mail address, like your physical mailing address, will become part of the agency's public record. Persons may contact the TCEQ Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en español, puede llamar al (800) 687-4040.

Information about the application may be obtained from RI Corpus Property, L.P., at the address stated above or by calling Mr. Jeff Arrington, Project Manager with SCS Engineers, at (817) 358-6111.

TRD-201704081

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 11, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of BHARWANI INVESTMENT GROUP, INC. DBA EXXON FOOD MART

SOAH Docket No. 582-18-0452

TCEQ Docket No. 2016-1813-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. - November 9, 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 February 28, 2017, concerning assessing administrative penalties against and requiring certain actions of BHARWANI INVESTMENT GROUP, INC. dba Exxon Food Mart, for violations in Tarrant County, Texas, of: Tex. Water Code §26.3475(c)(1) and (d), and 30 Tex. Admin. Code §§334.49(a)(1) and (c)(4)(C) and 334.50(b)(1)(A).

The hearing will allow BHARWANI INVESTMENT GROUP, INC., dba Exxon Food Mart, 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 BHARWANI INVESTMENT GROUP, INC., dba Exxon Food Mart, 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 BHARWANI INVESTMENT GROUP, INC. dba Exxon Food Mart 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. BHARWANI INVESTMENT GROUP, INC. dba Exxon Food Mart, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

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

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

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

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

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

Issued: October 9, 2017

TRD-201704084

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 11, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Gas N Grub 102 LLC DBA Gng 102

SOAH Docket No. 582-18-0458

TCEQ Docket No. 2016-1714-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. - November 9, 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 April 24, 2017, concerning assessing administrative penalties against and requiring certain actions of Gas N Grub 102 LLC dba GNG 102, for violations in Tarrant County, Texas, of: Tex. Water Code §26.3475(a) and (d) and 30 Tex. Admin. Code §§334.49(c)(4)(C), 334.50(b)(2)(A)(i), and 334.78(b).

The hearing will allow Gas N Grub 102 LLC dba GNG 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 Gas N Grub 102 LLC dba GNG 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 Gas N Grub 102 LLC dba GNG 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. Gas N Grub 102 LLC dba GNG 102, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

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

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

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

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

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

Issued: October 9, 2017

TRD-201704085

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 11, 2017


Texas Ethics Commission

List of Late Filers

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

Deadline: Lobby Activities Report due August 10, 2017

Robert C. Flores, 230 Larkwood Dr., San Antonio, Texas 78209

Matthew Duncan Geske, 777 Taylor St., Ste. 900, Fort Worth, Texas 76102

Kelly McBeth, P.O. Box 5100, Austin, Texas 78763

Steven C. Ray, P.O. Box 1377, Austin, Texas 78767

Jennifer E. Sellers, 511 Clover Flat Rd., Cedar Park, Texas

Deadline: Semiannual Report due July 17, 2017

James E. Lagomarsino, 904 Drane Pl., Corsicana, Texas 75110

TRD-201704019

Seana Willing

Executive Director

Texas Ethics Commission

Filed: October 5, 2017


Texas Facilities Commission

Request for Proposals #303-9-20613-A

The Texas Facilities Commission (TFC), on behalf of the Comptroller of Public Accounts - Audit (CPA), announces the issuance of Request for Proposals #303-9-20613-A. TFC seeks a five (5) or ten (10) year lease of approximately 4,696 square feet of office space in Denton or Collin County, Texas.

The deadline for questions is October 27, 2017, and the deadline for proposals is November 7, 2017, at 3:00 p.m. The award date is December 28, 2017. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting Gayla Davis, at (512) 475-2438. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=144185.

TRD-201704089

Kay Molina

General Counsel

Texas Facilities Commission

Filed: October 11, 2017


Request for Proposals #303-9-20615

The Texas Facilities Commission (TFC), on behalf of the Comptroller of Public Accounts - Audit (CPA), announces the issuance of Request for Proposals (RFP) #303-9-20615. TFC seeks a five (5) or ten (10) year lease of approximately 11,050 square feet of office space in Houston, Harris, Texas.

The deadline for questions is October 19, 2017, and the deadline for proposals is November 2, 2017, at 3:00 p.m. The award date is December 28, 2017. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting Gayla Davis at (512) 475-2438. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=144107.

TRD-201704020

Kay Molina

General Counsel

Texas Facilities Commission

Filed: October 5, 2017


Texas Department of Housing and Community Affairs

Notice of Public Hearing - Multifamily Housing Revenue Bonds (Vista on Gessner)

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at the Walter Neighborhood Library, 7660 Clarewood, Houston, Texas 77036 at 1:30 p.m. on November 14, 2017. The hearing is regarding an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $50,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Dalcor Gessner, LTD, a Texas limited partnership, or a related person or affiliate thereof (the "Borrower"), to finance the costs of acquiring and rehabilitating a multifamily housing development. The housing development is described as follows: an approximately 805-unit multifamily housing development located at 6005-6525 S. Gessner Road, Houston, Harris County, Texas 77036 (the "Development"). Upon the issuance of the Bonds, the Development will be owned by the Borrower.

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Shannon Roth at the Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941; (512) 475-3929; and/or shannon.roth@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Shannon Roth in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Shannon Roth prior to the date scheduled for the hearing. Individuals who require a language interpreter for the public hearing should contact Elena Peinado at (512) 475-3814 at least five days prior to the hearing date so that appropriate arrangements can be made. Personas que hablan español y requieren un intérprete, favor de llamar a Elena Peinado al siguiente número (512) 475-3814 por lo menos cinco días antes de la junta para hacer los preparativos apropiados.

Individuals who require auxiliary aids in order to attend this hearing should contact Nicole Krueger, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least five days before the hearing so that appropriate arrangements can be made.

This notice is published and the hearing is to be held in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended.

http://www.tdhca.state.tx.us/multifamily/communities.htm

TRD-201704028

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: October 6, 2017


Texas Department of Insurance

Company Licensing

Application to do business in the state of Texas for FIRST CARE, INC., a foreign life, accident and/or health company. The home office is in Baltimore, Maryland.

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

TRD-201704082

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: October 11, 2017


Texas Lottery Commission

Notice of Public Comment Hearing

A public hearing to receive public comments regarding proposed amendments to 16 TAC §401.305 ("Lotto Texas" On-Line Game Rule) will be held on Wednesday, November 8, 2017, at 9:30 a.m. at 611 E. 6th Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Debbie Jamieson at (512) 344-5038 at least 72 hours prior to the public hearing.

TRD-201704025

Bob Biard

General Counsel

Texas Lottery Commission

Filed: October 6, 2017


Notice of Public Comment Hearing

A public hearing to receive public comments regarding proposed amendments to 16 TAC §402.400 (General Licensing Provisions), §402.401 (Temporary License), §402.402 (Registry of Bingo Workers), §402.404 (License and Registry Fees), §402.405 (Temporary Authorization), §402.407 (Unit Manager), §402.410 (Amendment of a License - General Provisions), §402.411 (License Renewal), §402.413 (Military Service Members, Military Veterans, and Military Spouses), §402.420 (Qualifications and Requirements for Conductor's License), §402.422 (Amendment to a Regular License to Conduct Charitable Bingo), §402.424 (Amendment of a License by Electronic Mail, Telephone or Facsimile), and §402.603 (Bond or Other Security) will be held on Wednesday, November 8, 2017, at 10:00 a.m. at 611 E. 6th Street, Austin, Texas 78701. Persons requiring any accommodation for disability should notify Debbie Jamieson at (512) 344-5038 at least 72 hours prior to the public hearing.

TRD-201704034

Bob Biard

General Counsel

Texas Lottery Commission

Filed: October 6, 2017


Scratch Ticket Game Number 2010 "$500 Frenzy"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2010 is "$500 FRENZY". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2010 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2010.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, SAFE SYMBOL, GOLD BAR SYMBOL, PIGGY BANK SYMBOL, DICE SYMBOL, CROWN SYMBOL, PINEAPPLE SYMBOL, SUN SYMBOL, ANCHOR SYMBOL, STACK OF BILLS SYMBOL, LEMON SYMBOL, BOLT SYMBOL, STRAWBERRY SYMBOL, STACK OF COINS SYMBOL, POT OF GOLD SYMBOL, 4 LEAF CLOVER SYMBOL, HORSESHOE SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100 and $500.

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. 2010 - 1.2D (.pdf)

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

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

G. Pack-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2010), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2010-0000001-001.

K. Pack - A Pack of the "$500 FRENZY" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 075 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 075 will be shown on the back of the Pack.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "$500 FRENZY" Scratch Ticket Game No. 2010.

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 "$500 FRENZY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 48 (forty-eight) Play Symbols. MAIN PLAY AREA: If a player matches any of the YOUR NUMBERS Play Symbols to any of the FRENZY NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "SAFE" Play Symbol, the player wins DOUBLE the prize for that symbol. $25 FAST CASH PLAY AREA: If a player reveals two (2) matching Play Symbols in this FAST CASH area, the player wins $25. $50 FAST CASH PLAY AREA: If a player reveals two (2) matching Play Symbols in this FAST CASH area, the player wins $50. 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 48 (forty-eight) 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 48 (forty-eight) 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 48 (forty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 48 (forty-eight) 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 patterns of either Play Symbols or Prize Symbols.

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

C. GENERAL: On winning and Non-Winning Tickets, the top cash prize of $500 will appear at least once, except on Tickets winning twenty (20) times or more.

D. MAIN PLAY AREA: A Ticket can win up to twenty (20) times in this play area.

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

F. MAIN PLAY AREA: Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.

G. MAIN PLAY AREA: No matching FRENZY NUMBERS Play Symbols will appear on a Ticket.

H. MAIN PLAY AREA: YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., 5 and $5, 10 and $10, 15 and $15, 20 and $20, 25 and $25, 50 and $50).

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

J. MAIN PLAY AREA: On Non-Winning Tickets, a FRENZY NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

K. MAIN PLAY AREA: The "SAFE" (DBL) Play Symbol will never appear as a FRENZY NUMBERS Play Symbol.

L. MAIN PLAY AREA: The "SAFE" (DBL) Play Symbol will win DOUBLE the prize for that Play Symbol and will win as per the prize structure.

M. MAIN PLAY AREA: The "SAFE" (DBL) Play Symbol will never appear more than once on a Ticket.

N. MAIN PLAY AREA: The "SAFE" (DBL) Play Symbol will never appear on a Non-Winning Ticket.

O. $25 FAST CASH & $50 FAST CASH PLAY AREAS: A Ticket can win up to one (1) time in the $25 FAST CASH play area.

P. $25 FAST CASH & $50 FAST CASH PLAY AREAS: A Play Symbol from the $25 FAST CASH or the $50 FAST CASH play area will not be used more than one (1) time per Ticket across these two (2) play areas, unless used in a winning combination.

Q. $25 FAST CASH & $50 FAST CASH PLAY AREAS: On Tickets that win in both the $25 FAST CASH and $50 FAST CASH play areas, the Play Symbols will be different.

R. $25 FAST CASH & $50 FAST CASH PLAY AREAS: A Ticket can win up to one (1) time in the $50 FAST CASH play area.

2.3 Procedure for Claiming Prizes.

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

B. As an alternative method of claiming a "$500 FRENZY" 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.

C. 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.

D. 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 "$500 FRENZY" 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 "$500 FRENZY" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2010. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2010 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2010 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. 2010, 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-201704067

Bob Biard

General Counsel

Texas Lottery Commission

Filed: October 10, 2017


Scratch Ticket Game Number 2019 "Fast $50s"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2019 is "FAST $50s". The play style is "match 3 of X".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2019 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2019.

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: BAR SYMBOL, CAR SYMBOL, COINS SYMBOL, STAR SYMBOL, MONEY BAG SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $200 and $1,000.

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. 2019 - 1.2D (.pdf)

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

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2019), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 2019-0000001-001.

H. Pack - A Pack of the "FAST $50s" Scratch Ticket Game contains 150 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; Tickets 006 to 010 on the next page, etc.; and Tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "FAST $50s" Scratch Ticket Game No. 2019.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "FAST $50s" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 10 (ten) Play Symbols. If a player reveals 3 (three) matching prize amounts, the player wins that amount. If a player reveals a "MONEY BAG" Play Symbol in the FAST $50 SPOT, the player wins $50 instantly! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 10 (ten) 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 10 (ten) 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 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 10 (ten) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. A Ticket can win up to two (2) times in accordance with the approved prize structure.

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

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

D. No more than three (3) matching Prize Symbols.

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

F. Winning Tickets that contain a "MONEY BAG" (WIN$50) Play Symbol will never have more than one (1) pair of matching Prize Symbols.

G. The "MONEY BAG" (WIN$50) Play Symbol will only appear in the FAST $50 SPOT play area.

H. The "MONEY BAG" (WIN$50) Play Symbol will only appear on winning Tickets as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "FAST $50s" Scratch Ticket Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $60.00, $70.00, $100, $150, $200 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, $60.00, $70.00, $100, $150, $200 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 "FAST $50s" Scratch Ticket Game prize of $1,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "FAST $50s" 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 "FAST $50s" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "FAST $50s" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 9,120,000 Scratch Tickets in Scratch Ticket Game No. 2019. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2019 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2019 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. 2019, 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-201704068

Bob Biard

General Counsel

Texas Lottery Commission

Filed: October 10, 2017


Public Utility Commission of Texas

Notice of Application for a Certificate of Operating Authority and to Rescind a Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on October 10, 2017, for a certificate of operating authority and to rescind a certificate of convenience and necessity.

Docket Style and Number: Application of Frontier Southwest Incorporated dba Frontier Communications of Texas for a Certificate of Operating Authority and to Rescind a Certificate of Convenience and Necessity, Docket Number 47681.

The Application: Frontier Southwest Incorporated dba Frontier Communications of Texas filed an application for authority to (1) reclassify as a deregulated company under Public Utility Regulatory Act §65.052(c); (2) acquire a Certificate of Operating Authority consistent with Public Utility Regulatory Act §65.101(a) and (b); and (3) rescind its Certificate of Convenience and Necessity No. 40037.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than October 27, 2017. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47681.

TRD-201704087

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: October 11, 2017


Notice of Application for Regulatory Approvals

Notice is given to the public of an application by Oncor Electric Delivery Company LLC and Sempra Energy filed with the Public Utility Commission of Texas (commission) on October 5, 2017, pursuant to the Public Utility Regulatory Act, Texas Utility Code §§11.001 - 58.303 (West 2016), §§59.001 - 66.017 (West 2007 & Supp. 2016) (PURA).

Docket Style and Number: Joint Report and Application of Oncor Electric Delivery Company LLC and Sempra Energy for Regulatory Approvals Pursuant to PURA §§14.101, 39.262 and 39.915, Docket Number 47675.

The Application: Oncor Electric Delivery Company LLC and Sempra Energy filed an application with the commission for regulatory approvals that would allow Sempra to acquire the approximately 80% interest in Oncor indirectly held by Energy Future Holdings Corporation.

Persons who wish to intervene in or comment upon this application should notify the commission. A request to intervene or for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. The deadline to intervene is November 6, 2017. All correspondence should refer to Docket Number 47675.

TRD-201704057

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: October 9, 2017


Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on October 4, 2017, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Public Utilities Board of the City of Brownsville to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County. Docket Number 47672.

The Application: The Public Utilities Board of the City of Brownsville (BPUB) seeks a minor boundary change to its electric certificate of convenience and necessity to serve approximately 40.544 acres within Brownsville's city limits. Approval of the application will result in BPUB being dually-certificated with American Electric Power Company, formerly known as Central Power & Light, in the requested area. BPUB received a letter request from Paolo Darra, owner of the 40.544-acre tract of land, requesting BPUB to provide electric utility service to the property for a proposed subdivision. The estimated cost to BPUB to provide service to the requested area is $131,329.81.

Persons wishing to comment on the action sought should contact the commission no later than October 27, 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 47672.

TRD-201704039

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: October 6, 2017


Notice of Petition for Rulemaking

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition for rulemaking filed on October 4, 2017.

Project Style and Number: Petition of Texas Legal Services Center, et al. for Rulemaking to Provide Customer Protection Rules for Continuing Support of Victims of Hurricane Harvey, Project No. 47674.

Summary of Petition: Texas Legal Services, et al. have filed a petition for rulemaking requesting that the commission provide customer protection rules for continuing support of victims of Hurricane Harvey for one year after its adoption. The purpose of the petition is to assure that all victims of Hurricane Harvey have sufficient opportunity to obtain and reasonably maintain electricity service through the rebuilding efforts. This rule would apply to victims of Hurricane Harvey located in 39 Texas counties. Hurricane Harvey victims are currently seeking help with legal matters, employment, utility bills, food and many other critical needs. If adopted, the rule will affect 16 Texas Administrative Code, Chapter 25, Substantive Rules Applicable to Electric Service Providers and would: (1) clarify and assure that all emergency rules are applied to all residential customers, including prepaid customers, (2) continue waivers of disconnections for non-payment, security deposit rules and fees as provided in the Commission Order supporting the Governor's Disaster Declaration and related memoranda, (3) continue requirements for Retail Electric Providers to provide deferred payment plans to hurricane victims as provided in the Commission Order supporting the Governor's Disaster Declaration, (4) specify conditions to be taken into account when estimating the bills of Hurricane Harvey victims, and (5) specify documentation customers can rely on to document that they are victims of Hurricane Harvey.

A copy of the petition is available for review in the commission's Central Records. The deadline to file comments in this project is November 10, 2017. Comments shall be filed at the Public Utility Commission of Texas, Central Records, 1701 N. Congress, Austin, Texas 78701. Interested persons may contact the commission at (512) 936-7120 or (toll-free) (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission by dialing 7-1-1. All comments should reference Project Number 47674.

TRD-201704079

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: October 10, 2017