IN ADDITION

Comptroller of Public Accounts

Local Sales Tax Rate Changes Effective October 1, 2017 (.pdf)

TRD-201703674

Lita Gonzalez

General Counsel

Comptroller of Public Accounts

Filed: September 19, 2017


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 09/25/17 - 10/01/17 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 09/25/17 - 10/01/17 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 10/01/17 - 10/31/17 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 10/01/17-10/30/17 is 5.00% for commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-201703689

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: September 19, 2017


Credit Union Department

Application to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration:

An application was received from Fort Worth City Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school or worship in Tarrant County or any County in which the corporate boundaries or extraterritorial jurisdictions of the City of Fort Worth are located within to be eligible for membership in the credit union.

An Application was received from Employees Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, or worship in and businesses located in Dallas County, Texas, to be eligible for membership in the credit union.

An Application was received from First Class American Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit employees of KPS Global LLC, located at 4201 Beach Street, Fort Worth, Texas 76137, to be eligible for membership in the credit union.

An application was received from First Service Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of SNC Lavalin Engineers & Constructors Inc. paid and/or supervised from its headquarters office located at 919 Milam Street, Houston, Texas 77002, to be eligible for membership in the credit union.

An application was received from Credit Union of Texas, Dallas, Texas to expand its field of membership. The proposal would permit persons who work, live, worship, or attend school within the geographic boundaries of Denton County, Texas, to be eligible for membership in the credit union.

An application was received from Gulf Credit Union, Groves, Texas to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in Newton County, Texas, to be eligible for membership in the credit union.

An application was received from My Community Credit Union, Midland, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in, and businesses and other legal entities in Collin County, Texas, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.cud.texas.gov/page/bylaw-charter-applications. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-201703699

Harold E. Feeney

Commissioner

Credit Union Department

Filed: September 20, 2017


Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Application to Expand Field of Membership - Approved

Texas Bay Credit Union, Houston, Texas - See Texas Register issue dated July 28, 2017.

Application to Amend Articles of Incorporation - Approved

West Texas Educators Credit Union, Odessa, Texas - See Texas Register issue dated July 28, 2017.

CTECU, Bellaire, Texas - See Texas Register issue dated July 28, 2017.

Credit Union of Texas, Dallas, Texas - See Texas Register issue dated August 25, 2017.

Application of Out of State Branch - Approved

TruWest Credit Union, Austin, Texas - See Texas Register issue dated July 28, 2017.

TRD-201703696

Harold E. Feeney

Commissioner

Credit Union Department

Filed: September 20, 2017


Texas Education Agency

Notice of Correction: Request for Applications Concerning the 2017-2018 Transformation Zone Planning Grant

Filing Authority. The availability of grant funds under Request for Applications (RFA) #701-17-106 is authorized by P.L. 114-95, Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (ESSA), Title I, Part A, Section 1003, School Improvement.

The Texas Education Agency (TEA) published Request for Applications Concerning the 2017-2018 Transformation Zone Planning Grant in the September 15, 2017, issue of the Texas Register (42 TexReg 4829).

TEA is amending the dates of the project, contact information, dates for submitting questions, date of publication for the Frequently Asked Questions (FAQ) document, and deadline for receipt of applications. The new start date of the grant is no earlier than January 15, 2018, and the new ending date is no later than July 13, 2018. Any and all questions relating to the RFA must now be submitted in writing to DSSI@tea.texas.gov no later than October 16, 2017. The FAQ document will now be published to the TEA Grant Opportunities web page by Monday, October 30, 2017. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, November 30, 2017, to be eligible to be considered for funding.

TRD-201703704

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: September 20, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is October 30, 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 October 30, 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: BAHUBALI INVESTMENT INCORPORATED dba Bay City Chevron; DOCKET NUMBER: 2017-0587-PST-E; IDENTIFIER: RN101725133; LOCATION: Bay City, Matagorda County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4) 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; and 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) 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, and failing to conduct reconciliation of detailed inventory control records at least once each month, in a manner sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; PENALTY: $8,263; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: BUCHANAN LAKE VILLAGE, INCORPORATED; DOCKET NUMBER: 2017-0573-PWS-E; IDENTIFIER: RN101224988; LOCATION: Llano, Llano County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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 compliance monitoring data for the year 2014; 30 TAC §290.117(c)(2)(B), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; 30 TAC §290.117(c)(2)(C), (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 §290.117(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 §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct routine distribution coliform monitoring, and the failure to submit the Disinfectant Level Quarterly Operating Report; and 30 TAC §291.76 and TWC, §5.702., by failing to pay regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 11119; PENALTY: $2,101; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(3) COMPANY: BUFFALO CHEVRON FOOD MART, INCORPORATED dba Chevron of Buffalo; DOCKET NUMBER: 2017-0780-PST-E; IDENTIFIER: RN104779038; LOCATION: Buffalo, Freestone County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $2,567; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Children's Medical Center of Dallas; DOCKET NUMBER: 2017-0978-PST-E; IDENTIFIER: RN100691286; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: underground storage tank (UST) system and an emergency generator facility; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a) and (b), by failing to provide release detection for the piping associated with the UST system; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Melissa Castro, (512) 239-0855; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: CHRISTIAN LIFE CENTER OF LUBBOCK; DOCKET NUMBER: 2017-0881-PWS-E; IDENTIFIER: RN101184257; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(d)(2)(A), (h), and (i)(2), by failing to collect one lead and copper sample from each of the facility's entry points, have the samples analyzed, and report the results to the executive director (ED) no later than 180 days after the end of the January 1, 2016 - December 31, 2016, monitoring period during which the lead action level was exceeded; 30 TAC §290.117(f)(3), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2016 - December 31, 2016, monitoring period during which the lead action level was exceeded; and 30 TAC §290.117(g)(2)(A), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2016 - December 31, 2016, monitoring period during which the lead action level was exceeded; PENALTY: $265; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(6) COMPANY: City of Blum; DOCKET NUMBER: 2017-0457-MWD-E; IDENTIFIER: RN101721520; LOCATION: Blum, Hill County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010820001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $2,750; Supplemental Environmental Project offset amount of $2,200; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: City of Fort Worth; DOCKET NUMBER: 2017-0939-MWD-E; IDENTIFIER: RN100942259; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010494013, Permit Conditions Number 2.g, by failing to prevent an unauthorized discharge of wastewater from the collection system into or adjacent to water in the state; PENALTY: $12,750; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: City of Roma; DOCKET NUMBER: 2017-0830-PWS-E; IDENTIFIER: RN101178325; LOCATION: Roma, Starr County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(2) and (6) and §290.111(h)(2)(B) and (9), by failing to submit a Surface Water Monthly Operating Report with the required turbidity and disinfectant residual data to the executive director (ED) by the tenth day of the month following the end of the reporting period for February 2017; 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required 20 sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2013 - December 31, 2015, monitoring period; 30 TAC §290.117(c)(2)(B), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required 20 sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2016 - December 31, 2016, monitoring period, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2016 - December 31, 2016, monitoring period; and 30 TAC §290.122(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 monitor chlorite for the month of September 2015, and regarding the failure to submit a Total Organic Carbon Monthly Operating Report with the required total organic carbon and alkalinity sampling data to the ED each month by the tenth day of the month following the end of the reporting period during the first quarter of 2016; PENALTY: $1,251; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(9) COMPANY: Consolidated Metal Technologies, Incorporated; DOCKET NUMBER: 2017-1004-MLM-E; IDENTIFIER: RN102203478; LOCATION: Round Rock, Williamson County; TYPE OF FACILITY: paint and metal finishing operation; RULES VIOLATED: TWC, §26.121(a)(1), by failing to prevent an unauthorized discharge into or adjacent to any water in the state; and 30 TAC §213.4(a)(1), by failing to obtain of an Edwards Aquifer Protection Plan prior to commencing regulated activity over the Edwards Aquifer Transition Zone; PENALTY: $2,288; ENFORCEMENT COORDINATOR: Sandra Douglas, (512) 239-2549; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(10) COMPANY: DDMRK Management, Incorporated dba Rumpys; DOCKET NUMBER: 2017-0748-PST-E; IDENTIFIER: RN104499223; LOCATION: Gainesville, Cooke County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month, and failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.10(b)(1)(B) and §334.51(c)(1), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $10,254; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: HIREN BUSINESS INCORPORATED dba Fast N Go; DOCKET NUMBER: 2017-0851-PST-E; IDENTIFIER: RN102855061; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tank (UST) for releases at a frequency of at least once every month, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $3,504; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: INVISTA S.a.r.l.; DOCKET NUMBER: 2017-0669-WDW-E; IDENTIFIER: RN102663671; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: industrial chemical manufacturing facility; RULES VIOLATED: 30 TAC §331.63(e), 40 Code of Federal Regulations (CFR) §146.67(c), and Underground Injection Control (UIC) Permit Number Waste Disposal Well (WDW) 105, Permit Provision (PP) VII.F. Operating Parameters, by failing to maintain an annulus pressure of at least 100 pounds per square inch greater than the injection tubing pressure to prevent leaks from the well into unauthorized zones and to detect well malfunctions; and 30 TAC §305.125(1) and §331.67(a), 40 CFR §146.67(f), and UIC Permit Number WDW 105, PP IX. Record Keeping Requirements, by failing to keep complete and accurate records of all monitoring; PENALTY: $3,151; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(13) COMPANY: J and S Water Company, L.L.C.; DOCKET NUMBER: 2017-0505-PWS-E; IDENTIFIER: RN102680311; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3) and §290.122(c)(2)(A) and (f), by failing to 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, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR; 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to timely submit a DLQOR to the ED each quarter by the tenth day of the month following the end of the quarter; 30 TAC §290.109(d)(4)(B) (formerly §290.109(c)(4)(B)) and §290.122(c)(2)(A) and (f), by failing to collect a raw groundwater source Escherichia coli (E.coli) sample from each active source within 24 hours of being notified of a distribution total coliform-positive result, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect a raw groundwater source E.coli sample; 30 TAC §290.117(c)(2)(C), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap sample; and 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed; PENALTY: $833; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: Johnny T. Arroyos dba Johnny Arroyos RV Park; DOCKET NUMBER: 2017-0843-PWS-E; IDENTIFIER: RN109759472; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(b)(1) and (e)(2), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; 30 TAC §290.46(e)(4)(A), by failing to operate the facility under the direct supervision of a licensed water works operator who holds a Class D or higher license; 30 TAC §290.41(c)(3)(O), by failing to provide all well units with intruder-resistant fences with lockable gates or locked and ventilated well houses to exclude possible contamination or damage to the facilities by trespassers; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block that extends a minimum of three feet from the well casing in all directions with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inch per foot at the facility's two wellheads; 30 TAC §290.41(c)(3)(N), by failing to provide a flow measuring device for the facility's two wells to measure production yields and provide for the accumulation of water production data; 30 TAC §290.46(n)(1), by failing to maintain accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank at the facility; and 30 TAC §290.46(n)(3), by failing to maintain copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; PENALTY: $2,297; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(15) COMPANY: Lone Star Growers, L.P.; DOCKET NUMBER: 2017-0528-WQ-E; IDENTIFIER: RN106261431; LOCATION: Troup, Smith County; TYPE OF FACILITY: plant nursery; RULE VIOLATED: TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of process wastewater into or adjacent to water in the state; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(16) COMPANY: RCI HOLDINGS, INCORPORATED dba Ricks Cabaret; DOCKET NUMBER: 2017-0842-PWS-E; IDENTIFIER: RN107232746; LOCATION: Odessa, Ector County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(d)(2)(A) (formerly §290.109(c)(2)(A)) and §290.122(c)(2)(A) and (f) and Texas Health and Safety Code, §341.033(d), by failing to collect routine distribution water samples for coliform analysis for the month of March 2016, and failing to issue public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to collect routine distribution water samples for coliform analysis for the month of March 2016; and 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 collect routine distribution water samples for coliform analysis for the months of March 2015, April 2015, August 2015, September 2015, November 2015, and December 2015; PENALTY: $543; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(17) COMPANY: Strip Property Land and Water, LLC; DOCKET NUMBER: 2017-0928-PWS-E; IDENTIFIER: RN102315165; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(f)(2) and Texas Health and Safety Code (THSC), §341.031(a), by failing to comply with the acute maximum contaminant level (MCL) of ten milligrams per liter (mg/L) for nitrate; and 30 TAC §290.106(f)(3)(C) and THSC, §341.0315(c), by failing to comply with the MCL of 0.010 mg/L for arsenic, based on the running annual average; PENALTY: $585; ENFORCEMENT COORDINATOR: Paige Bond, (512) 876-0428; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(18) COMPANY: Sweet Home Independent School District; DOCKET NUMBER: 2017-0317-PWS-E; IDENTIFIER: RN101282085; LOCATION: Hallettsville, Lavaca County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(e)(2), (h), and (i)(3) and 40 Code of Federal Regulations §141.87 and §141.90(a), by failing to conduct water quality parameter sampling at the facility's entry point and the required distribution sample site for the first six-month period following the January 1, 2015 - December 31, 2015, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the executive director (ED); 30 TAC §290.117(f)(3)(A) and §290.122(b)(2)(B) and (f), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2015 - December 31, 2015, monitoring period during which the lead action level was exceeded, and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment; 30 TAC §290.117(f)(1)(A)(ii) and (i)(7), by failing to perform and submit a corrosion control study to identify optimal corrosion control treatment for the system within 12 months after the end of the January 1, 2015 - December 31, 2015, monitoring period in which the system first exceeded the lead action level; and 30 TAC §290.117(i)(6) and (j), by failing to timely provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed for the January 1, 2016 - June 30, 2016, monitoring period; PENALTY: $350; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(19) COMPANY: U.S. Venture, Incorporated; DOCKET NUMBER: 2017-0896-AIR-E; IDENTIFIER: RN100219260; LOCATION: Houston, Harris County; TYPE OF FACILITY: gasoline and diesel fuel storage terminal; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Texas Health and Safety Code (THSC), §382.085(b), and Federal Operating Permit (FOP) Number O3376, General Terms and Conditions (GTC), by failing to submit a Permit Compliance Certification no later than 30 days after the end of the certification period; and 30 TAC §122.143(4) and §122.145(2)(B) and (C), THSC, §382.085(b), and FOP Number O3376, GTC, by failing to submit a semiannual deviation report within 30 days after the end of each reporting period; PENALTY: $9,000; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(20) COMPANY: Vishva, Incorporated dba Pac N Go 905; DOCKET NUMBER: 2017-0903-PST-E; IDENTIFIER: RN101644615; LOCATION: Martindale, Caldwell County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

TRD-201703676

Gitanijali Yadav

Acting Director, Litigation Division

Texas Commission on Environmental Quality

Filed: September 19, 2017


Enforcement Orders

An agreed order was adopted regarding Aqua Utilities, Inc., Docket No. 2016-0624-PWS-E on September 19, 2017 assessing $999 in administrative penalties with $199 deferred. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Alorica, Docket No. 2016-1077-PST-E on September 19, 2017 assessing $3,000 in administrative penalties with $600 deferred. Information concerning any aspect of this order may be obtained by contacting James Boyle, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Splendora Independent School District, Docket No. 2016-1816-MWD-E on September 19, 2017 assessing $5,625 in administrative penalties with $1,125 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding CIRCLE K STORES INC., Docket No. 2016-1915-PST-E on September 19, 2017 assessing $5,625 in administrative penalties with $1,125 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding D.N.D. CORPORATION dba Quick Stop Food Mart, Docket No. 2016-2033-PST-E on September 19, 2017 assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Custom Rack LLC, Docket No. 2016-2102-AIR-E on September 19, 2017 assessing $2,750 in administrative penalties with $550 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Vega, Docket No. 2016-2133-PWS-E on September 19, 2017 assessing $732 in administrative penalties with $146 deferred. Information concerning any aspect of this order may be obtained by contacting James Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding KATCHI, INC. dba Jiffy Mart 5, Docket No. 2017-0087-PST-E on September 19, 2017 assessing $5,567 in administrative penalties with $1,113 deferred. Information concerning any aspect of this order may be obtained by contacting John Paul Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Raymond W. Blair, Jr. dba Last Resort Properties, Docket No. 2017-0108-PWS-E on September 19, 2017 assessing $1,380 in administrative penalties with $276 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Pritul Investment Inc. dba Texaco Cedar Hill, Docket No. 2017-0111-PST-E on September 19, 2017 assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Comfort Retail, Inc. dba Comfort Food Mart, Docket No. 2017-0112-PST-E on September 19, 2017 assessing $7,255 in administrative penalties with $1,451 deferred. Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding KASHI, INC. dba Garrison Food Mart, Docket No. 2017-0114-PST-E on September 19, 2017 assessing $5,001 in administrative penalties with $1,000 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding GAFFORD'S CHAPEL WATER SUPPLY CORPORATION, Docket No. 2017-0115-PWS-E on September 19, 2017 assessing $450 in administrative penalties with $90 deferred. Information concerning any aspect of this order may be obtained by contacting James Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Debbie Block, Docket No. 2017-0116-PWS-E on September 19, 2017 assessing $680 in administrative penalties with $136 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Gary Calasso dba Jumpin Jack Trash, Docket No. 2017-0138-MSW-E on September 19, 2017 assessing $5,693 in administrative penalties with $1,138 deferred. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Penelope, Docket No. 2017-0140-MWD-E on September 19, 2017 assessing $5,400 in administrative penalties with $1,080 deferred. Information concerning any aspect of this order may be obtained by contacting Melissa Castro, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding NOBLE BUSINESS INC. dba JS Food & News Store, Docket No. 2017-0144-PST-E on September 19, 2017 assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding 623 PASADENA, INC. dba Ashishs Store, Docket No. 2017-0154-PST-E on September 19, 2017 assessing $3,563 in administrative penalties with $712 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Jose E. Rapalo dba Cardinal Cleaners, Docket No. 2017-0202-MLM-E on September 19, 2017 assessing $5,677 in administrative penalties with $1,135 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding NEW PROGRESS WATER SUPPLY CORPORATION, Docket No. 2017-0205-PWS-E on September 19, 2017 assessing $360 in administrative penalties with $72 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Forterra Pipe & Precast, LLC dba Forterra Pressure Pipe Grand Prairie, Docket No. 2017-0219-PST-E on September 19, 2017 assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding MHC TT, Inc., Docket No. 2017-0234-MWD-E on September 19, 2017 assessing $4,875 in administrative penalties with $975 deferred. Information concerning any aspect of this order may be obtained by contacting Ariel Ramirez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding 4-D Water Company, LLC, Docket No. 2017-0252-PWS-E on September 19, 2017 assessing $1,802 in administrative penalties with $360 deferred. Information concerning any aspect of this order may be obtained by contacting James Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding FORT GATES WATER SUPPLY CORPORATION, Docket No. 2017-0254-PWS-E on September 19, 2017 assessing $562 in administrative penalties with $112 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ANNA ENTERPRISE, LLC dba Quick Food Mart, Docket No. 2017-0263-PST-E on September 19, 2017 assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Sheridan Water Supply Corporation, Docket No. 2017-0265-MWD-E on September 19, 2017 assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Ariel Ramirez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding TEXAS KOHINOOR INVESTMENTS, LLC dba Wildcat Express Sealy, Docket No. 2017-0287-PST-E on September 19, 2017 assessing $5,754 in administrative penalties with $1,150 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding River Recycling, LLC dba ReCommunity San Antonio, LLC, Docket No. 2017-0350-WQ-E on September 19, 2017 assessing $2,813 in administrative penalties with $562 deferred. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Karnes City, Docket No. 2017-0372-PWS-E on September 19, 2017 assessing $740 in administrative penalties with $148 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Perry Hostetler dba Allrounder Dairy, Docket No. 2017-0391-AGR-E on September 19, 2017 assessing $1,713 in administrative penalties with $342 deferred. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Zion Rest Missionary Baptist Church, Docket No. 2017-0468-EAQ-E on September 19, 2017 assessing $1,875 in administrative penalties with $375 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Gorman, Docket No. 2017-0485-PWS-E on September 19, 2017 assessing $360 in administrative penalties with $72 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Marco A. Esquivel-Ojeda, Docket No. 2017-0488-LII-E on September 19, 2017 assessing $300 in administrative penalties with $60 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Llano County Municipal Utility District 1, Docket No. 2017-0495-PWS-E on September 19, 2017 assessing $215 in administrative penalties with $43 deferred. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Bogata, Docket No. 2017-0502-PWS-E on September 19, 2017 assessing $840 in administrative penalties with $168 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Naples, Docket No. 2017-0503-PWS-E on September 19, 2017 assessing $385 in administrative penalties with $77 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Sabine River Authority of Texas, Docket No. 2017-0521-MWD-E on September 19, 2017 assessing $1,400 in administrative penalties with $280 deferred. Information concerning any aspect of this order may be obtained by contacting James Boyle, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Mountain Springs Water Supply Corporation, Docket No. 2017-0539-PWS-E on September 19, 2017 assessing $690 in administrative penalties with $138 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Lorenzo, Docket No. 2017-0543-PWS-E on September 19, 2017 assessing $600 in administrative penalties with $120 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding PURVI INVESTMENT, LLC dba PJ Mart, Docket No. 2017-0544-PST-E on September 19, 2017 assessing $2,497 in administrative penalties with $499 deferred. Information concerning any aspect of this order may be obtained by contacting John Paul Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding CARMAX AUTO SUPERSTORES, INC., Docket No. 2017-0588-PST-E on September 19, 2017 assessing $2,438 in administrative penalties with $487 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding FRONTIER TANK LINES, INC., Docket No. 2017-0591-PST-E on September 19, 2017 assessing $1,605 in administrative penalties with $321 deferred. Information concerning any aspect of this order may be obtained by contacting Benjamin Sakmar, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Edcouch, Docket No. 2017-0598-PWS-E on September 19, 2017 assessing $504 in administrative penalties with $100 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of La Joya, Docket No. 2017-0600-PWS-E on September 19, 2017 assessing $1,822 in administrative penalties with $364 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding MATTHEW ROAD WATER SUPPLY CORPORATION, Docket No. 2017-0633-PWS-E on September 19, 2017 assessing $550 in administrative penalties with $110 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding TSMT Properties LLC, Docket No. 2017-0650-PWS-E on September 19, 2017 assessing $1,400 in administrative penalties with $280 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Lubbock County Water Control and Improvement District No. 1, Docket No. 2017-0651-PWS-E on September 19, 2017 assessing $810 in administrative penalties with $162 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was adopted regarding ICON Builders LLC, Docket No. 2017-0660-WQ-E on September 19, 2017 assessing $875 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Wolfe City, Docket No. 2017-0692-PWS-E on September 19, 2017 assessing $52 in administrative penalties with $10 deferred. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was adopted regarding Thompson, Matthew, Docket No. 2017-0808-WOC-E on September 19, 2017 assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Shakil Chowdhury dba Prime Stop 3, Docket No. 2015-0579-PST-E on September 20, 2017 assessing $21,144 in administrative penalties with $4,228 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Charlotte, Docket No. 2015-0892-MWD-E on September 20, 2017 assessing $42,525 in administrative penalties with $8,505 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Earth, Docket No. 2015-1102-MWD-E on September 20, 2017 assessing $25,530 in administrative penalties with $5,106 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Arman Management Corp. dba S&A Food Mart 2, Docket No. 2015-1288-PST-E on September 20, 2017 assessing $11,058 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, 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 Water Necessities, Inc., Docket No. 2015-1772-PWS-E on September 20, 2017 assessing $1,089 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Aqua Texas, Inc., Docket No. 2016-0319-MWD-E on September 20, 2017 assessing $10,500 in administrative penalties with $2,100 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Ramon Villa, Docket No. 2016-0345-LIC on September 20, 2017. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, 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 Jack Turner dba Cherokee Mobile Home Park, Docket No. 2016-0427-PWS-E on September 20, 2017 assessing $4,730 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Gulf Marine Fabricators, L.P., Docket No. 2016-1950-IHW-E on September 20, 2017 assessing $24,300 in administrative penalties with $4,860 deferred. Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Deep Roots Recycling, Inc., Docket No. 2016-2022-SLG-E on September 20, 2017 assessing $10,125 in administrative penalties with $2,025 deferred. Information concerning any aspect of this order may be obtained by contacting Austin Henck, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Randy L. Snapp dba Fredericksburg Kampgrounds of America, Docket No. 2016-2061-PWS-E on September 20, 2017 assessing $290 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Mountain Pure TX, L.L.C., Docket No. 2016-2098-PWS-E on September 20, 2017 assessing $256 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Waco, Docket No. 2017-0181-WQ-E on September 20, 2017 assessing $5,775 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201703703

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: September 20, 2017


Notice of Water Rights Application

Notices issued August 25, 2017

APPLICATION NO. 14-1783C; Steve L. Holifield, Sr., P.O. Box 60910, Midland, Texas 79711, Applicant, seeks to amend his portion of Certificate of Adjudication No. 14-1783 to add instream use and to change the place of use and diversion point on the San Saba River, Colorado River Basin in Menard County. The application and partial fees were received on January 29, 2014. Additional information and fees were received on March 13, May 2, July 7, November 2, November 6, 2014; December 15, 2015; and May 9, May 10, May 11, and December 13, 2016. The application was declared administratively complete and filed with the Office of the Chief Clerk on January 13, 2017. The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would contain special conditions including, but not limited to, the installation of screens on the diversion structure. The application, technical memoranda, and Executive Director’s draft amendment are available for reviewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg F., Austin, TX 78753. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by September 12, 2017.

APPLICATION NO. 14-1884B; SRK Ranch, LLC, 1100 Camellia Blvd, Suite 101, Lafayette, Louisiana 70508, Applicant, seeks to amend its portion of Certificate of Adjudication No. 14-1884 to add a diversion point on the Colorado River, Colorado River Basin, and change the place of use for agricultural purposes to irrigate land in San Saba County, Texas. The application and fees were received on August 10, 2015. Additional information was received on March 7 and October 11, 2016. The application was declared administratively complete and filed with the Office of the Chief Clerk on December 7, 2016. The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include special conditions including, but not limited to, installing screens on the new diversion structure. The application, technical memoranda, and Executive Director’s draft amendment are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, TX 78753. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by September 12, 2017.

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

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

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

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

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

TRD-201703702

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: September 20, 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 Michelle Gonzales at (512) 463-5800.

Deadline: 8-Day Pre-election Report due February 22, 2016, for Candidates and Officeholders

Robert Cody Garrett, 901 E. 40th St., Apt. 104, Austin, Texas 78751-4813

Deadline: Runoff Report due May 15, 2016, for Candidates and Officeholders

Robert Cody Garrett, 901 E. 40th St., Apt. 104, Austin, Texas 78751-4813

Deadline: Semiannual Report due July 15, 2016, for Candidates and Officeholders

Ricardo L. Ramos, 7706 Brykerwoods Dr., Houston, Texas 77055-6817

Deadline: Semiannual Report due July 17, 2017, for Candidates and Officeholders

Anthony Alcoser, 234 Ravenhill Dr., San Antonio, Texas 78214

Velma A. Arellano, P.O. Box 5025, McAllen, Texas 78502

Sandra Blankenship, P.O. Box 2717, Harker Heights, Texas 76548

Steven M. Cantu, 514 Emmett Ave., San Antonio, Texas 78221

Andy M. Chatham, 9804 Spirehaven Ln., Dallas, Texas 75238-3464

Nicole D. Collier, P.O. Box 24241, Fort Worth, Texas 76124

Sandra Crenshaw, 2018 Lanark Ave., Dallas, Texas 75203-4525

Lee Crisp, 6920 Fall Creek Hwy., Granbury, Texas 76049

LaTronda T. Darnell, 5641 Copper Creek, New Braunfels, Texas 78132-3921

Francisco X. Dominguez, 500 E. San Antonio Ave., Rm. 1002, El Paso, Texas 79901

Kevin Story Downing, 7301 Fall Creek Hwy, Granbury, Texas 76049

Dawnna Dukes, 1103 Rutgers Dr., Pflugerville, Texas 78660

Gabriel D. Farias, 1122 Par Four, San Antonio, Texas 78221-3153

John T. Floyd III, 2218 North Blvd., Houston, Texas 77098-5210

Michael A. Franks, 1795 N. Fry Rd. #131, Katy, Texas 77449

Jose David Garza, 503 Miller Ave., Mission, Texas 78572

Michael D. Gibson, 911 Millpond Drive, Sugar Land, Texas 77498

Amber N. Givens-Davis, 3824 Cedar Springs Rd. #253, Dallas, Texas 75219

Ronald C. Green, P.O. Box 2726, Houston, Texas 77252

Ursula A. Hall, P.O. Box 2103, Houston, Texas 77252

Peter M. Kelly, 1005 Heights Blvd., Houston, Texas 77008

Kevin P. Ludlow, 1235 Broadmoor Dr., Austin, Texas 78723

Heather N. Marcus, 6115 Greenmere Pl., Dallas, Texas 75227

David M. Medina, 5300 Memorial Dr., Ste. 890, Houston, Texas 77007-8280

Leif A. Olson, 4830 Wilson Rd., Ste. 300, PMB 188, Humble, Texas 77396-1972

George L. Powell, 801 Congress, Ste. 350, Houston, Texas 77002

Ronald E. Reynolds, 6140 Hwy. 6 South, Ste. 233, Missouri City, Texas 77459-3802

Osbert G. Rodriguez III, 1020 Dennet Rd., Brownsville, Texas 78526

Deborah B. Shafto, 7260 Santa Fe Dr., Houston, Texas 77061-2634

Elizabeth R. Tarrant, 756 N. Barton St., Stephenville, Texas 76401-3157

Emily G. Tobolowsky, George L. Allen, Sr. Courthouse, 600 Commerce St., Ste. 810, Dallas, Texas 75202

Nathan Webb, 5817 1/2 Victor St., Dallas, Texas 75214

Lewis M. White, 23501 Cinco Ranch Blvd., Ste. H120 #144, Katy, Texas 77494

David Wylie, P.O. Box 170321, Arlington, Texas 76003

Deadline: 30 Day Pre-election Report due February 1, 2016 for Committees

Robert Cody Garrett, 427 PAC (Cody Garrett for RRC), 14513 FM 812, Del Valle, Texas 78617-5436

Deadline: 8 Day Pre-election Report due February 22, 2016 for Committees

Robert Cody Garrett, 427 PAC (Cody Garrett for RRC), 14513 FM 812, Del Valle, Texas 78617-5436

Deadline: Runoff Report due May 16, 2016 for Committees

Robert Cody Garrett, 427 PAC (Cody Garrett for RRC), 14513 FM 812, Del Valle, Texas 78617-5436 ($500)

Deadline: Semiannual Report due January 17, 2017 for Committees

Kathy C. Flores, Lubbock Tejano Democrats, 2606 Purdue, Lubbock, Texas 79415

Deadline: 8 Day Pre-election Report due April 28, 2017 for Committees

Lindsey G. Stringer, Texas Masonry Council PAC, P.O. Box 4278, Waco, Texas 76708

Deadline: Monthly Report due July 5, 2017 for Committees

Rick Cloutier, Ardurra Group PAC, 2032 Buffalo Terrace, Houston, Texas 75019

Eloy A. Cortez, Houston ILA Dock & Marine Council PAC, 7524 Avenue N., Houston, Texas 77012

David E. Locke, Abilene Fire Fighters Association PAC, 604 Adams Rd., Stamford, Texas 79553

Bonita C. Ocampo, Tarrant County Tejano Democrats, 3803 S. Jones St., Fort Worth, Texas 76110-5512

Douglas L. Varner, CDM Smith PAC, 11490 Westheimer Rd, Ste. 700, Houston, Texas 77077-6845

Deadline: Semiannual Report due July 17, 2017 for Committees

Rafael Alcoser, San Antonio Young Democrats, 3000 IH 10 West, San Antonio, Texas 78201

William Elliot Jr., Texas Card Players Assn. PAC, P.O. Box 26176, Austin, Texas 78755-0176

Kathy C. Flores, Lubbock Tejano Democrats, 2606 Purdue, Lubbock, Texas 79415

Meghan E. Galvez, Duncanville CARE, 203 Timothy Trl., Duncanville, Texas 75137

Ralph B. Garcia, Our Astrodome, 115 Dresden St., Houston, Texas 77012

Emmanuel Loo, American Mexico Public Affairs, 600 Congress Ave., Floor 14th, Austin, Texas 78701

Dustin C. Mitchell, LIBERTY AND JUSTICE PAC, 8385 Canal St., Frisco, Texas 75034

Kimberly Pettit, Uptown PAC, 1600 Post Oak Blvd., Ste. 700, Houston, Texas 77056

Ryan Rowley, Southeast Republicans, 11827 Glen Bay Ct., Houston, Texas 77089

Bradley Sheppard, VOTE YES! PAC, P.O. Box 1359, Belton, Texas 76513

Michael Lee Steenbergen, Generationist Political Action Committee, 2208 Belaire Dr., Granite Shoals, Texas 78654

Michael Lee Steenbergen, Texas Democrats, 2208 Belaire Dr., Granite Shoals, Texas 78654

Lindsey G. Stringer, Texas Masonry Council PAC, P.O. Box 4278, Waco, Texas 76708

Veronica F. Thibideaux, Alief Federation of Teachers Committee on Political Education, 1269 Beechnut St., Ste. A600, Houston, Texas 77072

Skylor R. Williams, Conventional Wisdom, Inc. PAC, P.O. Box 9675, Austin, Texas 78766-9675

TRD-201703638

Seana Willing

Executive Director

Texas Ethics Commission

Filed: September 14, 2017


General Land Office

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440. Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of August 25, 2017, through September 15, 2017. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office website. The notice was published on the website on Friday, September 22, 2017. The public comment period for this project will close at 5:00 p.m. on Sunday, October 22, 2017.

FEDERAL AGENCY ACTIONS:

Applicant: Texas Department of Transportation-Beaumont District

Location: Sabine River and Little Cypress Bayou, Orange, Orange County, Texas

LATITUDE & LONGITUDE (NAD 83): Sabine River Crossing: 30.127199 North -93.701422 West; Little Cypress Bayou Crossing: 30.118457 North -93.727258 West

Project Description: The applicant proposes to decommission two pipelines in place underneath two waters. There will be 288 linear feet of pipe remaining underneath the Sabine River and Little Cypress Bayou during the utility decommissioning in place a sewer line and water line. The estimated depth of the pipeline below the mud bottom is 5 feet.

CMP Project No: 17-1205-F1

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2016-00245. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899.

Applicant: Dale Corkran

Location: Cow Bayou, Orange, Orange County, Texas

LATITUDE & LONGITUDE (NAD 83): 30.053771 North -93.833129 West

Project Description: The applicant proposes to construct a 4-foot wide by 14-foot long walkway, a 12-foot wide by 30-foot long deck above a 10-foot wide by 24-foot long boat slip, with an 8-foot wide by 16- foot long L-head pier with an 11-foot wide covered boat slip with a second 2-foot wide by 24-foot long walkway. The total dimensions for the structure is 44-feet long by 28-feet wide.

CMP Project No: 18-1000-F1

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2016-00416. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899.

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from Mr. Jesse Solis, P.O. Box 12873, Austin, Texas 78711-2873, or via email at federal.consistency@glo.texas.gov. Comments should be sent to Mr. Solis at the above address or by email.

TRD-201703695

Anne L. Idsal

Chief Clerk/Deputy Land Commissioner

General Land Office

Filed: September 20, 2017


Texas Health and Human Services Commission

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

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on October 9, 2017, at 9:00 a.m., to receive public comment on proposed Medicaid payment rates for hospice dual routine home care, service intensity add-on, continuous home care, inpatient respite care, and general inpatient care services.

The public hearing will be held in Room 5155 of the Brown-Heatly Building located at 4900 N. Lamar Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building facing Lamar Boulevard. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. HHSC proposes to increase the payment rates for hospice dual routine home care, service intensity add-on, continuous home care, inpatient respite care, and general inpatient care services to be effective October 1, 2017.

Methodology and Justification. The proposed payment rates were calculated in accordance with the hospice reimbursement methodology located at the Code of Federal Regulations, Title 42, Part 418, Subpart G.

Briefing Package. A briefing package describing the proposed payment rates will be available at http://www.hhsc.state.tx.us/rad/rate-packets.shtml on or after September 29, 2017. Interested parties may obtain a copy of the briefing package before the hearing by contacting the HHSC Rate Analysis Department by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RAD-LTSS@hhsc.state.tx.us. The briefing package will also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Rate Analysis Department, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by e-mail to LTSS@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to the Texas Health and Human Services Commission, Rate Analysis Department, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Boulevard, Austin, Texas 78751-2316.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis by calling (512) 730-7401 at least 72 hours prior to the hearing so appropriate arrangements can be made.

TRD-201703684

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: September 19, 2017


Public Notice - Renewal of the Deaf Blind with Multiple Disabilities Waiver Program

The Texas Health and Human Services Commission (HHSC) is submitting to the Centers for Medicare & Medicaid Services (CMS) a request for a renewal of the Deaf Blind with Multiple Disabilities (DBMD) waiver program, a waiver implemented under the authority of section 1915(c) of the Social Security Act. CMS has approved this waiver through February 28, 2018. The proposed effective date for the renewal is March 1, 2018, with no changes to cost neutrality.

This renewal request proposes to make the following changes:

HHSC is completing an overhaul to performance measures in all appendices in accordance with CMS assurance updates concerning participant health and welfare and other updates intended to enhance service delivery and provider accountability. Data collection methods are also enhanced for improved data quality.

Making editorial corrections to acronyms, and terminology to ensure accurate terms are used.

Appendix A

Updating HHSC waiver contact information.

Replacing references to the Department of Aging and Disability Services (DADS) with "HHSC" and removing language about Administrative Oversight due to the changes resulting from the transformation of the Texas Health and Human Services System. As part of the transformation, all of DADS's functions are the responsibility of HHSC as of September 1, 2017. Performance Measures in Appendix A, regarding HHSC administrative authority over DADS, is removed and reevaluated for placement in a different appendix. Additionally, the specific names of units and their responsibilities are revised to reflect changes resulting from transformation.

Appendix B

Amending the requirement to offer choice between institutional services and community-based waiver services to state that this activity occurs at enrollment and annually thereafter using the Verification of Freedom of Choice form.

Updating waiver Medicaid eligibility group information to include the most accurate groups, types and regulations.

Updating the Access to Services by Limited English Proficient Persons response to reference operational policy and changes resulting from the transformation.

Adding "Promoting Independence" to the purpose of reserved capacity and amending the specifications to reflect that the reserved capacity is for individuals in any institution. Also revising the process and staff involved in transitioning an individual from an institution to the community.

Updating interest list procedures for individuals who are in the military or military family members consistent with 40 TAC §42.202.

Clarifying the roles of parties in the level of care determination process to be consistent with current process.

Unduplicated number of participants and point in time numbers for all waiver years were updated.

Appendix C

Updating the applicable limits on the amount, frequency or duration of services to include services that must be accessed through the State Plan or, for individuals under the age of 21, through the Early Periodic Screening, Diagnosis and Treatment.

Updating the applicable limits on the amount, frequency or duration of services to include services that cannot be provided at the same time as Community First Choice Personal Assistance Services/Habilitation.

Updating the Dental service definition to include administration of routine local anesthesia necessary for dental treatment. Non-routine sedation is already included in the Dental Sedation portion of the service.

Updating the Adaptive Aids service description to include the following, "Temporary Lease/Rental of Medically Necessary Durable Medical Equipment is allowable during repair, purchase, or replacement of essential support system or while non-waiver resources review the medical necessity and shall not exceed 90 days." This change is consistent with 40 TAC §42.601.

Clarifying the responses regarding the Entity Responsible for Verification of Provider Qualifications in Appendix C.

Indicating that Adaptive Aids may not be provided by a relative to be consistent with 40 TAC §42.603 and policy of other 1915(c) waivers operated by HHSC.

Updating the status of the HCB Settings Waiver Transition Plan response.

Clarifying monitoring procedures, corrective action, frequency and scope for all DBMD provider types (assisted living facilities (ALF), Home and Community Support Services Agencies (HCSSA), intermediate care facility for individuals with an intellectual disability or related condition (ICF/IID), DBMD Provider agencies)

Appendix D

Clarifying language to reflect, where appropriate, that the individual, legally authorized representative, or both are included in service planning decisions.

Amending language that the service plan is reviewed quarterly to state that the service plan is reviewed approximately every 90 days in accordance with the schedule in the DBMD Provider Manual, to be consistent with current policy.

Clarifying person-centered language in Appendix D, Person-Centered Service Plan.

Appendix E

Making minor editorial changes to Appendix E, Participant Direction of Services, to be consistent with current policy.

Clarifying monitoring procedures, corrective action, frequency and scope for all DBMD provider types (ALF, HCSSA, ICF/IID, DBMD Provider agencies)

Appendix F

Revising fair hearing language to be consistent with current process.

Appendix G

Clarifying the accreditation for HCSSAs, the Accreditation Commission for Health Care, which surpasses licensure standards and removes the need for licensure monitoring. This change is consistent with 40 TAC, Part 1 Chapter 97.

Providing additional information regarding safeguards around service plan development when a service provider who monitors and assists in the development of the service plan also provides other direct services, as is the case in the DBMD Program.

Clarifying monitoring procedures, corrective action, frequency and scope for all DBMD provider types (ALF, HCSSA, ICF/IID, DBMD Provider agencies)

Updating complaint reporting procedures due to transformation to reflect the ombudsman as the primary intake point.

Updating the Department of Family and Protective Services (DFPS) to "HHSC Provider Investigations" and updating the investigation procedures consistent with Human Resources Code, Chapter 48, Subchapter F, including clarification of the process for individuals who are using the Consumer Directed Services option.

Making revisions necessary to satisfy CMS recommendations in the final approved Interim Procedural Guidance report.

Requiring DBMD program providers to have policies, procedures and a tracking system in place in order to ensure timely submission of the level of care to HHSC.

Requiring providers to report critical incidents using an HHSC form which will be reviewed by HHSC staff to ensure appropriate action is taken.

Requiring providers to submit an HHSC form after receiving a recommendation/report from DFPS regarding a confirmed instance of abuse, neglect or exploitation. The form details how the provider addressed the recommendations/report and is reviewed by HHSC staff to determine if appropriate remediation occurred. If not, HHSC will follow up to ensure appropriate action is taken.

Improving performance measures and quality oversight.

Appendix H

Adding detailed information about the Quality Oversight Plan to Appendix H.

Appendix I

Clarifying monitoring procedures, corrective action, frequency and scope for all DBMD provider types (ALF, HSCSSA, ICF/IID, DBMD Provider agencies)

Modifying the response to Appropriation of State Tax Revenues to a State Agency other than the Medicaid Agency in Appendix I to be consistent with language in other 1915(c) waivers.

Appendix J

Updating the unduplicated number of participants and cost projections for all five waiver years of the renewal.

The Deaf Blind with Multiple Disabilities program serves individuals with legal blindness, deafness, or a condition that leads to deaf-blindness, and at least one additional disability that limits functional abilities. The program serves individuals in the community who would otherwise require care in an ICF/IID.

An individual may obtain free copies of the proposed waiver renewal, including the DBMD settings transition plan, or if you have questions, need additional information, or wish to submit comments regarding this amendment or the DBMD settings transition plan, interested parties may contact Jacqueline Pernell by U.S. mail, telephone, fax, or email. The addresses are as follows:

U.S. Mail

Texas Health and Human Services Commission

Attention: Jacqueline Pernell, Waiver Coordinator, Policy Development Support

P.O. Box 13247

Mail Code H-600

Austin, Texas 78711-3247

Telephone

(512) 428-1931

Fax

Attention: Jacqueline Pernell, Waiver Coordinator, at (512) 487-3403

Email

TX_Medicaid_Waivers@hhsc.state.tx.us.

In addition, the HHSC local offices will post this notice for 30 days. The complete waiver renewal request can be found online on the HHSC website at https://hhs.texas.gov/laws-regulations/policies-rules/waivers/dbmd-waiver-applications.

TRD-201703692

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: September 19, 2017


Department of State Health Services

Order Placing Acetyl Fentanyl into Schedule I

The Administrator of the Drug Enforcement Administration issued a final order maintaining the placement of acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide) including its isomers, esters, ethers, salts and salts of isomers, esters, and ethers in schedule I of the Controlled Substances Act effective June 7, 2017. This final order was published in the June 7, 2017 Federal Register, Volume 82, Number 108, pages 26349-26351. The Administrator has taken action based on the following.

1. Acetyl fentanyl has a high potential for abuse.

2. Acetyl fentanyl has no current accepted medical use in treatment in the United States.

3. There is a lack of accepted safety for use under medical supervision for acetyl fentanyl.

Pursuant to Health and Safety Code, §481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least thirty-one days have expired since notice of the above referenced actions were published in the Federal Register; and, in the capacity as Commissioner of the Texas Department of State Health Services, John Hellerstedt, M.D., does hereby order that the substance acetyl fentanyl be moved from Schedule I temporarily listed substances to Schedule I opiates.

-SCHEDULE I

Schedule I consists of:

Schedule I opiates

The following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically accepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acetyl alpha methylfentanyl (N [1 (1 methyl 2 phenethyl) 4 piperidinyl] N phenylacetamide);

(2) AH-7921 (3,4-dichloro-N-[(dimethylamino)cyclohexymethyl]benzamide));

*(3) Acetyl fentanyl (N-(1-phenethylpiperindin-4-yl)-N-phenylacetamide);

(4) Allylprodine;

(5) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);

(6) Alpha methylfentanyl or any other derivative of Fentanyl;

(7) Alpha methylthiofentanyl (N [1 methyl 2 (2 thienyl) ethyl 4 piperidinyl] N- phenyl-propanamide);

(8) Benzethidine;

(9) Beta hydroxyfentanyl (N [1 (2 hydroxy 2 phenethyl) 4 piperidinyl] N phenyl-propanamide);

(10) Beta hydroxy 3 methylfentanyl (N [1 (2 hydroxy 2 phenethyl) 3 methyl 4 piperidinyl] N phenylpropanamide);

(11) Betaprodine;

(12) Clonitazene;

(13) Diampromide;

(14) Diethylthiambutene;

(15) Difenoxin;

(16) Dimenoxadol;

(17) Dimethylthiambutene;

(18) Dioxaphetyl butyrate;

(19) Dipipanone;

(20) Ethylmethylthiambutene;

(21) Etonitazene;

(22) Etoxeridine;

(23) Furethidine;

(24) Hydroxypethidine;

(25) Ketobemidone;

(26) Levophenacylmorphan;

(27) Meprodine;

(28) Methadol;

(29) 3 methylfentanyl (N [3 methyl 1 (2 phenylethyl) 4 piperidyl] N phenylpropanamide), its optical and geometric isomers;

(30) 3 methylthiofentanyl (N [3 methyl 1 (2 thienyl)ethyl 4 piperidinyl] N phenylpropanamide);

(31) Moramide;

(32) Morpheridine;

(33) MPPP (1 methyl 4 phenyl 4 propionoxypiperidine);

(34) Noracymethadol;

(35) Norlevorphanol;

(36) Normethadone;

(37) Norpipanone;

(38) Para fluorofentanyl (N (4 fluorophenyl) N [1 (2 phenethyl)-4 piperidinyl]- propanamide);

(39) PEPAP (1 (2 phenethyl) 4 phenyl 4 acetoxypiperidine);

(40) Phenadoxone;

(41) Phenampromide;

(42) Phencyclidine;

(43) Phenomorphan;

(44) Phenoperidine;

(45) Piritramide;

(46) Proheptazine;

(47) Properidine;

(48) Propiram;

(49) Thiofentanyl (N phenyl N [1 (2 thienyl)ethyl 4 piperidinyl] propanamide);

(50) Tilidine; and

(51) Trimeperidine.

-Schedule I opium derivatives

No amendment

-Schedule I hallucinogenic substances

No amendment

-Schedule I stimulants

No amendment

-Schedule I depressants

No amendment

-Schedule I Cannabimimetic agents

No amendment

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

No amendment

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

TRD-201703705

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Filed: September 20, 2017


Texas Department of Housing and Community Affairs

Notice of Public Hearing on the Section 8 Program 2018 Streamlined Annual Public Housing Agency Plan for the Housing Choice Voucher Program

Section 511 of Title V of the Quality Housing and Work Responsibility Act of 1998 (P. L. 205-276) requires the Texas Department of Housing and Community Affairs (the Department) to prepare a 2018 Streamlined Annual Public Housing Agency ("PHA") Plan for the Housing Choice Voucher Program. Title 24, §903.17 of the Code of Federal Regulations requires that the Department conduct a public hearing regarding that plan. The Department will hold a public hearing to receive oral and written comments for the development of the Department's 2018 Streamlined Annual Public Housing Agency ("PHA") Plan for the Housing Choice Voucher Program. The hearing will take place at the following time and location:

Monday, October 23, 2017

Texas Department of Housing and Community Affairs

221 East 11th Street, Room 116

Austin, Texas 78701

1:00 p.m. - 4:00 p.m.

The proposed 2018 Streamlined Annual Public Housing Agency ("PHA") Plan for the Housing Choice Voucher Program and all supporting documentation are available to the public for viewing at the Department's main office, 221 East 11th Street, Attn: Section 8 Program, Austin, Texas from September 10, 2017 - October 23, 2017, on weekdays during the hours of 8:00 a.m. until 4:30 p.m. The proposed plan will also be available for viewing on the Department's website at: www.tdhca.state.tx.us/section-8/announcements.htm.

Any interested persons unable to attend the hearing may submit written comments by e-mail to Andre Adams, Section 8 Program Manager, and Community Affairs Division at andre.adams@tdhca.state.tx.us or by mail to P.O. Box 13941, Austin, Texas 78711-3941. Comments must be received by 5:00 p.m. Monday, October 23, 2017. Questions or requests for additional information may be directed to Andre Adams by calling (512) 475-3884 or the e-mail listed above.

Individuals who require a language interpreter for the hearing should contact Ms. Nicole Kruger, ADA responsible employee at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Elena Peinado al siguiente número (512) 475-3814 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

Individuals who require auxiliary aids or services for this hearing should contact Nicole Kruger at (512) 475-3943 or Relay Texas at (800) 735-2989 at least 2 days before the scheduled hearing so that appropriate arrangements can be made.

TRD-201703640

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: September 14, 2017


University of Houston System

Business and Service Review of Bookstore Contract

Notice of Procurement

The University of Houston System announces a Request for Proposal (RFP) for consultant services pursuant to Government Code, Chapter 2254, Subchapter B.

RFP783-18001, Business and Service Review of Bookstore Contract

Purpose:

The University of Houston System (UHS) Campus Services Department is seeking competitive responses to a Request for Proposal ("RFP") for a Consultant to provide an independent analysis of its bookstore contract, including course material adoption practices, contract management practices, and review and recommendation of performance indicators.

Eligible Applicants:

Consulting firms with related knowledge and experience in:

Firms that have expertise with evaluating university bookstore management agreements.

Services to be performed:

• an independent, comprehensive evaluation of the System bookstore contract

• guidance and assistance in any potential service and technology enhancements related to the bookstore contract

• guidance to the university regarding the business operations of its bookstore contract, including a review of contract oversight, such as commission reconciliations, accounting practices, and contract management relative to current terms in the agreement

• development of a comprehensive five year business plan and pro forma for the business operation of the bookstore contract development of performance indicators that can be used to monitor contract performance from a university perspective and be easily incorporated into our contract management software

• guidance for management policies, procedures, and systems, including support in the event of a potential re-bidding of the System bookstore contract recommendations to the university including advice for future contract length and terms, as well as financial and operational advice related to this agreement and its oversight.

Finding by Chief Executive Officer, Renu Khator:

After reviewing the current status and discussing this matter with the staff, the evaluation of these services can only be conducted by a firm considered expert in university bookstore management contracts. The university believes that using a third-party consultant, who has conducted similar evaluations of bookstore management agreements on national campuses similar in context and size to the University, will provide the institution with best practices that can be used to improve the service to our customers. Similarly, in this era of financial accountability, it is important for the University to understand if this service is providing best value to its customers and constituents. The expertise needed for this evaluation is complex and requires a comprehensive knowledge of national industry trends related to bookstore management agreements. Currently, the staff do not have the breadth of experience needed for this evaluation. Thus, it is necessary for the University to engage a consultant to advise and review its existing bookstore management agreement, and make recommendations, as appropriate for the improvement of these services.

Review and Award Criteria:

All proposals will be evaluated by appointed representatives of the University in accordance with the following procedures:

1. Purchasing will receive and review each RFP proposal to ensure it meets the requirements of the RFP. Qualified proposals will be given to the selection committee.

2. Each member of the selection committee will independently evaluate the qualified proposals according to the criteria in section IX of the RFP, except for price, and send their evaluations to Purchasing. Price will be evaluated by Project Manager.

3. Purchasing will combine the committee's scores to determine which proposal received the highest combined score.

4. Purchasing will notify the respondent with the highest score that the University intends to contract with them.

Deadlines: UH must receive proposals according to instructions in the RFP package on or before Tuesday, October 31, 2017, at 11:00 a.m. CDT and the HUB Subcontracting Plan (HSP) on or before Wednesday, November 1, 2017, at 11:00 a.m. CDT.

Obtaining a copy of the RFP: Copies will be available on the Electronic State Business Daily (ESBD) at http://esbd.cpa.state.tx.us/.

The sole point of contact for inquiries concerning RFP is:

Jack Tenner

UH Purchasing

5000 Gulf Freeway, ERP 1, Rm. 204

Houston, Texas 77204-5015

Phone: (713) 743-5671

Email: jdtenner@central.uh.edu

TRD-201703660

Jackie D. Tenner

Director of Purchasing

University of Houston System

Filed: September 15, 2017


Texas Department of Licensing and Regulation

Correction of Error

The Texas Department of Licensing and Regulation proposed new 16 TAC §95.50 in the September 15, 2017, issue of the Texas Register (42 TexReg 4744). Due to a Texas Register editing error, the text of §95.50 was published incorrectly. The section should read as follows:

§95.50. Reporting Requirements.

(a) For purposes of this paragraph "Market" means the legal boundaries of a municipality as defined in Section 1.005 of the Local Government Code or the metropolitan statistical area as defined by the Office of Management and Budget.

(b) A permit holder must electronically file the following reports with the department:

(1) Disability Compliance Report. A report under this paragraph must include:

(A) Criteria for determining the four largest markets that the transportation company operates in this state;

(i) Identify the market(s) the transportation network company implemented the Accessibility Pilot Program; and

(ii) Explain the reason(s) for selecting the market(s) that the transportation network company used to implement the Accessibility Pilot Program.

(B) The services offered to disabled persons, including disabled persons using a fixed-frame wheelchair.

(C) A step-by-step explanation demonstrating the process for an individual to join and utilize the accessibility functions of their transportation network service Accessibility Pilot Program.

(D) A detailed plan that ensures referrals to alternate providers of fixed-frame wheelchair-accessible service are made in a manner that does not unreasonably delay the provision of service. The detailed plan must at a minimum:

(i) explain why the alternate provider of fixed-frame wheelchair-accessible service will not cause unreasonable delay in service;

(ii) include the initial number of alternate providers;

(iii) provide the average number of vehicles equipped to provide fixed-frame wheelchair-accessible service and available to each alternate provider;

(iv) state the hours each alternate provider of fixed frame wheelchair-accessible service is available for service; and

(v) describe the procedures to monitor and ensure alternate providers meet and maintain service levels that do not unreasonably delay fixed-frame wheelchair-accessible service.

(E) A report submitted under this subsection that fails to demonstrate compliance will be considered incomplete and subject to correction and resubmission.

(F) The report must contain a table of contents with each section of the report marked to identify the content cross referenced to each paragraph and subparagraph of this section.

(2) Accessibility Pilot Program Report.

(A) The report required by this paragraph must be aggregated in ninety (90) day increments. The report must include final values for the entire period of the Accessibility Pilot Program and at a minimum include:

(i) The number of vehicles equipped to accommodate a passenger with a fixed-frame wheelchair that were available through the company's digital network in the pilot program market.

(ii) The number of fixed-frame wheelchair requests.

(iii) The number of rides provided to fixed-frame wheelchair-bound passengers.

(iv) The number of rides not provided to fixed-frame wheelchair-bound passengers by the permit holder or its alternate provider.

(v) Percentage of total fixed-frame wheelchair requests provided by the zip code for the passengers requested pick-up location.

(vi) Percentage of total fixed-frame wheelchair requests provided by the zip code for the passengers requested drop-off location.

(vii) Percentage of fixed-frame wheelchair requests provided by the time of day, delineated by hour.

(B) The number of instances in which the company referred a fixed-frame wheelchair-bound passenger to an alternate provider because the passenger could not be accommodated by the company.

(C) Average wait times for Accessibility Pilot Program market area. The permit holder must track and report by zip code the average time elapsed between the time a passenger initially requested a ride and the time the ride began for each:

(i) fixed-frame wheelchair-bound passenger serviced by the permit holder;

(ii) fixed-frame wheelchair-bound passenger referred to an alternate provider; and

(iii) non-wheelchair accessible requested ride.

TRD-201703675


Texas Lottery Commission

Scratch Ticket Game Number 2005 "Reindeer Riches"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2005 is "REINDEER RICHES". The play style is "key symbol match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2005 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2005.

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: BELLS SYMBOL, CANDLE SYMBOL, CANDY CANE SYMBOL, COOKIE SYMBOL, SNOWFLAKE SYMBOL, GIFT SYMBOL, LIGHTS SYMBOL, SNOWMAN SYMBOL, STOCKING SYMBOL, SUN SYMBOL, TREE SYMBOL, WREATH SYMBOL, REINDEER SYMBOL, SLEIGH SYMBOL, $1.00, $2.00, $5.00, $10.00, $20.00, $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. 2005 - 1.2D

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

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

G. Pack-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2005), 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: 2005-0000001-001.

H. Pack - A Pack of the "REINDEER RICHES" Scratch Ticket Game contains 150 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 150 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 150 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 "REINDEER RICHES" Scratch Ticket Game No. 2005.

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 "REINDEER RICHES" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 13 (thirteen) Play Symbols. If a player reveals eight (8) "REINDEER" Play Symbols, the player wins the PRIZE. If a player reveals a "SLEIGH" Play Symbol, the player wins DOUBLE the PRIZE 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 13 (thirteen) 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 13 (thirteen) 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 13 (thirteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 13 (thirteen) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

Programmed Game Parameters.

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

B. There will always be at least two (2) "REINDEER" (RNDEER) Play Symbols in the first row.

C. There will always be a "REINDEER" (RNDEER) Play Symbol in the last spot in the third row on all Tickets.

D. The "SLEIGH" (DOUBLE) Play Symbol will only appear once on intended winning tickets as dictated by the prize structure.

E. Winning Tickets with the "SLEIGH" (DOUBLE) Play Symbol will never have more than six (6) "REINDEER" (RNDEER) Play Symbols.

F. There will not be any matching non-winning Play Symbols, with the exception of the "REINDEER" (RNDEER) Play Symbol, on a Ticket.

G. There will never be more than eight (8) "REINDEER" (RNDEER) Play Symbols on a Ticket.

H. A Ticket can only win one (1) time.

2.3 Procedure for Claiming Prizes.

A. To claim a "REINDEER RICHES" Scratch Ticket Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $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 $40.00, $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 "REINDEER RICHES" 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 "REINDEER RICHES" 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 "REINDEER RICHES" 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 9,000,000 Scratch Tickets in Scratch Ticket Game No. 2005. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2005 - 4.0

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2005 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. 2005, 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-201703690

Bob Biard

General Counsel

Texas Lottery Commission

Filed: September 19, 2017


Scratch Ticket Game Number 2085 "Feliz Navidad"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2085 is "FELIZ NAVIDAD". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2085 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2085.

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: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, ARBOL SYMBOL, REGALO SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $1,000 and $30,000.

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. 2085 - 1.2D

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

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2085), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 2085-0000001-001.

H. Pack - A Pack of the "FELIZ NAVIDAD" Scratch Ticket Game contains 125 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One Ticket will be folded over to expose a front and back of one Ticket on each Pack. Please note the books will be in an A, B, C and D configuration.

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 "FELIZ NAVIDAD" Scratch Ticket Game No. 2085.

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 "FELIZ NAVIDAD" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 22 (twenty-two) Play Symbols. El jugador raspa el área de juego. Si el jugador iguala cualquier Símbolo de Juego de TUS NÚMEROS con cualquier Símbolo de Juego de NÚMEROS GANADORES, el jugador gana el PREMIO para ese número. Si el jugador revela un Símbolo de Juego de "ARBOL", el jugador gana el PREMIO para ese símbolo al instante. Si el jugador revela un Símbolo de Juego de "REGALO", el jugador gana DOBLE el PREMIO para ese símbolo. 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 22 (twenty-two) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

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

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

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

5. The Scratch Ticket shall be intact;

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

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

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

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

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

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

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

13. The Scratch Ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket;

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

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

16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 22 (twenty-two) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. No prize amount in a non-winning spot will correspond with the TUS NÚMEROS Play Symbol (i.e., 2 and $2).

D. No matching non-winning TUS NÚMEROS Play Symbols on a Ticket.

E. No matching NÚMEROS GANADORES Play Symbols on a Ticket.

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

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

H. The "ARBOL" (GNR) Play Symbol may appear more than once on a winning Ticket.

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

2.3 Procedure for Claiming Prizes.

A. To claim a "FELIZ NAVIDAD" Scratch Ticket Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $100, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00 or $100 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "FELIZ NAVIDAD" Scratch Ticket Game prize of $1,000 or $30,000, 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 "FELIZ NAVIDAD" 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 "FELIZ NAVIDAD" 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 "FELIZ NAVIDAD" 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 5,040,000 Scratch Tickets in Scratch Ticket Game No. 2085. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2085 - 4.0

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2085 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. 2085, 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-201703691

Bob Biard

General Counsel

Texas Lottery Commission

Filed: September 19, 2017


Texas Parks and Wildlife Department

Notice of Hearing and Opportunity for Public Comment

This is a notice of an opportunity for public comment and a public hearing on an application by Grant Hanford -- ExxonMobil Environmental Services Company for a Texas Parks and Wildlife Department (TPWD) permit to excavate 13,200 cubic yards of soils impacted by naturally occurring radioactive material from an unnamed lagoon adjacent to Laguna Salada, approximately 5 miles downstream of the U.S. Highway 77 crossing in Kenedy County.

The hearing will be held at 11:00 a.m. on October 23, 2017, at TPWD headquarters, located at 4200 Smith School Road, Austin, Texas 78744. The hearing is not a contested case hearing under the Administrative Procedure Act.

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

TRD-201703669

Robert D. Sweeney, Jr.

General Counsel

Texas Parks and Wildlife Department

Filed: September 18, 2017


Notice of Proposed Real Estate Transactions

Grant of Water Line Easement - Walker County

Approximately .1 Acres at Huntsville State Park

In a meeting on November 2, 2017, the Texas Parks and Wildlife Commission (the Commission) will consider granting a water line easement covering approximately .1 acres at Huntsville State Park in Walker County. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Pitser Garrison Convention Center, 601 N. Second Street, Lufkin, Texas 75901. Prior to the meeting, public comment may be submitted to Trey Vick, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 (email trey.vick@tpwd.texas.gov); or via the department's web site at www.tpwd.texas.gov.

Grant of Conservation Easement - Blanco County

Approximately 164 Acres at Pedernales Falls State Park

In a meeting on November 2, 2017, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing a conservation easement restricting development of an approximately 164-acre tract of land at Pedernales Falls State Park in Blanco County. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Pitser Garrison Convention Center, 601 N. Second Street, Lufkin, Texas 75901. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 (email ted.hollingsworth@tpwd.texas.gov); or via the department's web site at www.tpwd.texas.gov.

TRD-201703700

Robert D. Sweeney, Jr.

General Counsel

Texas Parks and Wildlife Department

Filed: September 20, 2017


Public Utility Commission of Texas

Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on September 15, 2017, pursuant to the Public Utility Regulatory Act, Tex. Util. Code Ann. §39.154 and §39.158.

Docket Style and Number: Application of ECP ControlCo, LLC under Public Utility Regulatory Act §39.158, Docket Number 47607.

The Application: On September 15, 2017, ECP ControlCo, LLC filed an application for approval of the proposed merger of its wholly-controlled subsidiary, Volt Merger Sub, Inc. with Calpine Corporation, an owner of generation facilities in Texas. Following the proposed transaction, the combined generation owned and controlled by ECP, Calpine, and their affiliates and investors will equal approximately either 11,826 MW or 12,039 MW, which is approximately 12.7 or 12.9 percent of the total installed generation capacity located in, or capable of delivery into the Electric Reliability Council of Texas.

Persons wishing to intervene or comment on the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to 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 47607.

TRD-201703693

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: September 19, 2017


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

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on September 11, 2017, to relinquish a service provider certificate of operating authority.

Style and Docket Number: Application of Central Texas Communications, Inc. to Relinquish a Service Provider Certificate of Operating Authority, Docket Number 47596.

Application: Central Texas Communications, Inc. seeks to relinquish its service provider certificate of operating authority number 60243.

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 1-888-782-8477 no later than October 6, 2017. Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47596.

TRD-201703645

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: September 15, 2017


Request for Proposal - Technical Consulting Services

RFP Number 473-17-00005

Project No. 47410

The Public Utility Commission of Texas is issuing a Request for Proposals (RFP) for a financial audit of the Texas Universal Service Fund (TUSF) and an audit of the internal controls of the fund administrator.

Scope of Work:

The audit objectives are outlined below. In addition, the contractor shall compile a balance sheet, a statement of revenues, a statement of expenditures and changes in fund balance, and a statement of cash flows for the TUSF. The contractor shall perform the audit in accordance with generally accepted accounting principles consistent with the Government Accounting Standards Board and the Financial Accounting Standards Board. The audit shall be in compliance with Service Organization Control (SOC-1) Statement on Standards for Attestation Engagements (SSAE) No. 18.

RFP documentation may be obtained by contacting:

Jay Stone

Public Utility Commission of Texas

RFPCorrespondence@puc.texas.gov

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

Deadline for proposal submission is Monday, October 30, 2017, 2:00 p.m., CT

TRD-201703694

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: September 19, 2017


Teacher Retirement System of Texas

Notice of Contract Award

Per Texas Government Code §2254.030, the Teacher Retirement System of Texas (TRS) announces this notice of award for Health Care Consulting and Actuarial Services to Gabriel, Roeder, Smith & Company Health and Welfare Consulting LLC, One Towne Square, Suite 800, Southfield, Michigan 48076-3723. The initial term of the contract is September 1, 2017, through August 31, 2019. The contract total for the initial term is estimated to be $4,000,000.00, for both actuarial and consulting services. There are four (4) one year renewal options associated with this contract.

TRD-201703644

Brian Guthrie

Executive Director

Teacher Retirement System of Texas

Filed: September 14, 2017


Texas Department of Transportation

Aviation Division - Request for Qualifications for Professional Engineering Services

The City of Hearne, through its agent, the Texas Department of Transportation (TxDOT), intends to engage a professional engineering firm for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT Aviation Division will solicit and receive qualification statements for the current aviation project as described below.

Current Project: City of Hearne; TxDOT CSJ No.: 1817HEARN.

The TxDOT Project Manager is Ed Mayle.

Scope: Provide engineering and design services, including construction administration, to:

1. Install runway hold and exit signs;

2. Rehabilitate parallel taxiway and Taxiway B;

3. Construct Taxiways A and C;

4. Rehabilitate apron;

5. Rehabilitate Runway 18-36; and

6. Install airfield pavement markings on runway and taxiways.

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

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

The DBE goal for the design phase of the current project is 12%. The goal will be re-set for the construction phase.

Utilizing multiple engineering, design and construction grants over the course of the next five years, future scope of work items at the Hearne Municipal Airport may include the following: extend runway; construct t-hangars; construct t-hangar pavement; rehabilitate aircraft parking area; and install pavement markings.

The City of Hearne reserves the right to determine which of the services listed above may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services listed above.

To assist in your qualification statement preparation, the criteria, 5010 drawing, project diagram, and most recent Airport Layout Plan are available online at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Hearne Municipal Airport." The qualification statement should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current scope and future scope items.

AVN-550 Preparation Instructions:

Interested firms shall utilize the latest version of Form AVN-550, titled "Qualifications for Aviation Architectural/Engineering Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, (800) 68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-550 template. The AVN-550 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-550. If a prime provider submits more than one AVN-550, or submits a cover page with the AVN-550, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

The completed Form AVN-550 must be received in the TxDOT Aviation eGrants system no later than October 31, 2017, 11:59 p.m. (CDST). Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

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

An instructional video on how to respond to a solicitation in eGrants is available at http://txdot.gov/government/funding/egrants-2016/aviation.html

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

The consultant selection committee will be composed of local government representatives. The final selection by the committee will generally be made following the completion of review of AVN-550s. The committee will review all AVN-550s and rate and rank each. The Evaluation Criteria for Engineering Qualifications can be found at http://www.txdot.gov/inside-txdot/division/aviation/projects.html under Information for Consultants. All firms will be notified and the top rated firm will be contacted to begin fee negotiations for the design and bidding phases. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

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

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

TRD-201703697

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: September 20, 2017