IN ADDITION

Department of Aging and Disability Services

Correction of Error

The Texas Health and Human Services Commission, on behalf of the Department of Aging and Disability Services, published the adoption of an amendment to 40 TAC §19.101 in the September 1, 2017 issue of the Texas Register (42 TexReg 4468). The text of paragraph (31) was submitted incorrectly by the agency.

The text of paragraph (31) was submitted as follows:

(31) The Department of Aging and Disability Services or the Health and Human Services Commission, as its successor agency.

The term "Department" is being defined in this paragraph, so paragraph (31) should read as follows:

(31) Department--The Department of Aging and Disability Services or the Health and Human Services Commission, as its successor agency.

TRD-201703395

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Filed: August 29, 2017


Office of the Attorney General

Request for Applications for the Second Offering Sexual Assault Prevention and Crisis Services-State Program

The Office of the Attorney General (OAG) is soliciting applications from local and statewide programs to utilize funds for preventing sexual assault or improving services for survivors and other individuals affected by sexual violence.

Applicable Funding Source: The source of funding is through a biennial appropriation by the Texas Legislature. All funding is contingent upon an appropriation to the OAG by the Texas Legislature. The OAG makes no commitment that an application, once submitted, or a grant, once funded, will receive subsequent funding.

Eligibility Requirements: To be eligible for this grant opportunity, the Applicant must have been a Fiscal Year (FY) 2017 Sexual Assault Prevention and Crisis Services (SAPCS)-State grantee on August 31, 2017 and not offered or awarded an FY 2018-2019 SAPCS-State grant contract during the first issuance of this funding opportunity.

Eligible Applicants: Sexual Assault Programs, Statewide Programs, and State Sexual Assault Coalitions are eligible to apply for a SAPCS-State grant.

Non-profit Applicants with 26 U.S.C. §501(c)(3) status must be in good standing with the Comptroller of Public Accounts and "in existence" with the Secretary of State.

Eligibility: The OAG will initially screen each application for eligibility. Applications will be deemed ineligible if the application is submitted by an ineligible applicant; the application is not filed in the manner and form required by the Application Kit; the application is filed after the deadline established in the Application Kit; or the application does not meet other requirements as stated in the Request for Applications (RFA) and the Application Kit.

How to Obtain Application Kit: The OAG will post the Application Kit on the OAG's website at https://www.texasattorneygeneral.gov/cvs/grants-and-contracts. Updates and other helpful reminders about the application process will also be posted at this location. Potential applicants are encouraged to refer to the site regularly.

Deadlines and Filing Instructions for the Grant Application:

Registration Deadline: Online registration is required to apply for a grant. The deadline to register will be stated in the Application Kit. If registration is not completed by the deadline, then an Application will not be accepted and is not eligible for funding. To register go to: https://www.texasattorneygeneral.gov/cvs/grants-and-contracts.

Application Deadline: The Applicant Organization must submit its application, including all required attachments, to the OAG and the OAG must receive the submitted application and all required attachments by the deadline established in the Application Kit to be considered timely filed.

Filing Instructions: Strict compliance with the filing instructions, as provided in the Application Kit, is required. The OAG will not consider an Application if it is not received by the due date as stated in the Application Kit.

Minimum and Maximum Amounts of Funding Available: The minimum amount of funding for all programs is $85,000 per fiscal year. The maximum amounts of funding are as follows: sexual assault program, statewide programs, and sexual assault coalitions $85,000 per fiscal year; currently funded sexual assault programs $210,000 per fiscal year; and currently funded statewide programs and state sexual assault coalitions $300,000 per fiscal year.

Regardless of the maximum amounts stated above, a current SAPCS-State grantee may not apply, per fiscal year, for an amount higher than the SAPCS-State funds it received in FY 2017. The award amount is determined solely by the OAG. The OAG may award grants at amounts above or below the established funding levels and is not obligated to fund a grant at the amount requested.

A currently funded program is one that has an active grant contract on August 31, 2017. Previous grantees that were not funded in FY 2017, or that de-obligated their contracts in FY 2017, will be considered new applicants for this Application Kit.

Start Date and Length of Grant Contract Period: The grant contract period (term) is up to two years from September 1, 2017 through August 31, 2019, subject to and contingent on funding and/or approval by the OAG.

No Match Requirements: There are no match requirements.

Volunteer Requirements: All SAPCS-State projects must have a volunteer component. Specific requirements for the volunteer component will be stated in the Application Kit.

Award Criteria: The OAG will make funding decisions that support the efficient and effective use of public funds. Scoring and review components may include, but are not limited to, information provided by the applicant on the proposed project activities and budget. Funding decisions may include a competitive allocation method. All grant decisions including, but not limited to, eligibility, evaluation and review, and funding rest completely within the discretionary authority of the OAG. The decisions made by the OAG are final and are not subject to appeal.

Grant Purpose Area: Grant contracts awarded under this Application Kit are to maintain or expand the existing services of sexual assault programs and any other purposes consistent with Texas Government Code, Chapter 420.

Prohibitions on Use of Grant Funds: OAG grant funds may not be used to support or pay the costs of overtime, dues, or lobbying; any portion of the salary or any other compensation for an elected government official; the purchase of food and beverages except as allowed under Texas State Travel Guidelines; the purchase or lease of vehicles; the purchase of promotional items or recreational activities; costs of travel that are unrelated to the direct delivery of services that support the OAG grant-funded program; the costs for consultants or vendors who participate directly in writing a grant application; or for any unallowable costs set forth in applicable state or federal law, rules, regulations, guidelines, policies, procedures or cost principles. Grant funds may not be used to purchase any other products or services the OAG identifies as inappropriate or unallowable within this RFA or the Application Kit.

OAG Contact Person: If additional information is needed, contact Lyndsay Ysla at Grants@oag.texas.gov or (512) 936-1278.

TRD-201703388

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: August 28, 2017


Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapters 403 and 2115 and Sections 2155.001 and 2156.121, of the Texas Government Code, the Texas Comptroller of Public Accounts ("Comptroller") announces its Request for Proposals No. 219m ("RFP") from qualified individuals or independent firms to provide overpayment recovery audit services to participating Texas state agencies and institutions of higher education ("Participating State Agencies") as assigned by Comptroller. One or more successful respondents will assist Comptroller in conducting overpayment recovery audits of Participating State Agencies and providing other related services, as directed by Comptroller. Comptroller reserves the right to award one or more contracts under this RFP. The successful respondent(s), if any, will be expected to begin performance of the contract(s), if any, awarded under this RFP on or about November 1, 2017, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact Cindy Stapper, Assistant General Counsel, Contracts, Texas Comptroller of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room 201, Austin, Texas 78774, (512) 305-8673. The RFP will be available electronically on the Electronic State Business Daily ("ESBD") at: http://esbd.cpa.state.tx.us after 10:00 a.m. Central Time ("CT") on Friday, September 8, 2017. The times stated in this notice refer to Central Time, Austin, Texas.

Questions: All questions regarding the RFP must be received in the Issuing Office no later than 2:00 p.m. CT on Friday, September 15, 2017. Questions received after the deadline will not be considered. Prospective respondents are encouraged to fax or e-mail questions to (512) 463-3669 or contracts@cpa.texas.gov to ensure timely receipt. On or about Friday, September 22, 2017, Comptroller expects to post responses to questions as an addendum to the ESBD notice on the issuance of the RFP.

Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel no later than 2:00 p.m. CT, on Friday, October 13, 2017. Proposals received after this date and time will not be considered. Respondents shall be solely responsible for ensuring timely receipt of their proposals in the Issuing Office.

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

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - September 8, 2017, after 10:00 a.m. CT; Questions Due - September 15, 2017, 2:00 p.m. CT; Official Responses to Questions posted - September 22, 2017; Proposals Due - October 13, 2017, 2:00 p.m. CT; Contract Execution - October 31, 2017, or as soon thereafter as practical; Commencement of Work - November 1, 2017. Comptroller reserves the right, in its sole discretion, to change the dates listed for the anticipated schedule of events. Any amendment to this solicitation will be posted on the ESBD as an RFP Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a proposal.

TRD-201703418

Cindy Stapper

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: August 30, 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, 303.005, 303.008, 303.009, 304.003, and 346.101, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 09/04/17 - 09/10/17 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 09/04/17 - 09/10/17 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.0053 for the period of 08/01/17- 08/31/17 is 18% or Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 08/01/17 - 08/31/17 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 10/01/17 - 12/31/17 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 10/01/17 - 12/31/17 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by §303.0091 for the period of 10/01/17 - 12/31/17 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The lender credit card quarterly rate as prescribed by §346.1011 for the period of 10/01/17 - 12/31/17 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard annual rate as prescribed by §303.008 and §303.0094 for the period of 10/01/17 - 12/31/17 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard annual rate as prescribed by §303.008 and §303.009 for the period of 10/01/17 - 12/31/17 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by §303.0091 for the period of 10/01/17 - 12/31/17 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 09/01/17 - 09/30/17 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed §304.003 for the period of 09/01/17 - 09/30/17 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.

3 For variable rate commercial transactions only.

4 Only for open-end credit as defined in §301.002(14), Texas Finance Code.

TRD-201703391

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: August 29, 2017


Texas Council for Developmental Disabilities

Request for Proposals

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds to provide leadership development and advocacy skills training using TCDD approved curriculum in designated rural areas of the state. For this project, the applicants are limited to those groups and organizations located in designated rural areas of the State.

TCDD may award a maximum of $85,000 per year, per project, for up to three project(s), for up to five years. TCDD reserves the right to negotiate the budget as needed and may choose not to award funding for these projects. Up to $25,000 in additional funding may be made available to provide reasonable accommodations to Project Directors or Project Coordinators who have a developmental disability if accommodations are necessary and exceed the amount the organization can afford.

Funds available for these projects are provided to TCDD by the U.S. Department of Health and Human Services, Administration on Intellectual and Developmental Disabilities, pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 10% of the total project costs are required for projects in federally designated poverty areas. Non-federal matching funds of at least 25% of total project costs are required for projects in other areas.

Additional information concerning this RFP may be obtained at www.DDSuite.org. More information about TCDD may be obtained through TCDD's website at www.tcdd.texas.gov/. All questions pertaining to this RFP should be directed in writing to Danny Fikac, Planning Specialist, via email at Danny.Fikac@tcdd.texas.gov. Mr. Fikac may also be reached by telephone at (512) 437-5415.

Deadline: Proposals must be submitted through www.DDSuite.org by 11/15/2017. Proposals will not be accepted after the due date.

TRD-201703397

Beth Stalvey

Executive Director

Texas Council for Developmental Disabilities

Filed: August 29, 2017


Request for Proposals

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds to develop and pilot peer supports and training programs for individuals with developmental disabilities who live in institutions -- state supported living centers (SSLCs), nursing homes, or intermediate care facilities (ICF-DD) settings -- so they understand their rights, learn about opportunities available in communities, and can lead or actively participate in their own person centered planning process.

TCDD may award a maximum of $125,000 per year, per project, for up to three project(s), for up to five years. TCDD reserves the right to negotiate the budget as needed and may choose not to award funding for these projects.

Funds available for these projects are provided to TCDD by the U.S. Department of Health and Human Services, Administration on Intellectual and Developmental Disabilities, pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 10% of the total project costs are required for projects in federally designated poverty areas. Non-federal matching funds of at least 25% of total project costs are required for projects in other areas.

Additional information concerning this RFP may be obtained at www.DDSuite.org. More information about TCDD may be obtained through TCDD's website at www.tcdd.texas.gov/. All questions pertaining to this RFP should be directed in writing to Danny Fikac, Planning Specialist, via email at Danny.Fikac@tcdd.texas.gov. Mr. Fikac may also be reached by telephone at (512) 437-5415.

Deadline: Proposals must be submitted through www.DDSuite.org by 11/15/2017. Proposals will not be accepted after the due date.

TRD-201703398

Beth Stalvey

Executive Director

Texas Council for Developmental Disabilities

Filed: August 29, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is October 9, 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 9, 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: Aqua Utilities, Incorporated; DOCKET NUMBER: 2017-0520-MWD-E; IDENTIFIER: RN101518926; LOCATIONS: Denton, Denton County; Sunrise Beach, Burnet County; Wimberley, Hays County; and Alvin, Brazoria Counties; TYPE OF FACILITIES: wastewater treatment facilities; RULES VIOLATED: TWC, §26.121(d), by failing to obtain authorization for the discharge of wastewater into or adjacent to any water in the state; TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0011332001, Interim Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; TWC, §26.121(a)(1) and TPDES Permit Number WQ0013989001, Permit Conditions Number 2.g., by failing to prevent the unauthorized discharge of wastewater into or adjacent to any water in the state; 30 TAC §305.125(5) and §317.3(e)(5), and TPDES Permit Number WQ0013989001, Operational Requirements Number 1, by failing to properly operate and maintain the facility; and TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ001282201, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to comply with permitted effluent limitations; PENALTY: $34,500; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Asim Shahzad dba Bear Creek Grocery; DOCKET NUMBER: 2017-0852-PST-E; IDENTIFIER: RN104499496; LOCATION: Cleveland, Liberty 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: $3,375; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: BARRERA INVESTMENTS, INCORPORATED; DOCKET NUMBER: 2017-0699-PST-E; IDENTIFIER: RN100531052; LOCATION: Refugio, Refugio County; TYPE OF FACILITY: out-of-service underground storage tank (UST) system; RULES VIOLATED: 30 TAC §334.7(d)(1)(A) and (3), by failing to provide an amended registration for any change or additional information regarding the USTs within 30 days from the date of the occurrence of the change or addition; PENALTY: $1,188; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(4) COMPANY: CHEVRON U.S.A. INCORPORATED; DOCKET NUMBER: 2017-0873-IWD-E; IDENTIFIER: RN100706811; LOCATION: Galena Park, Harris County; TYPE OF FACILITY: petroleum bulk fuel station and terminal; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0001745000, Effluent Limitations and Monitoring Requirements Number 1, Outfall 002, by failing to comply with permitted effluent limitations; PENALTY: $4,725; ENFORCEMENT COORDINATOR: Ariel Ramirez, (512) 239-4935; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(5) COMPANY: City of Livingston; DOCKET NUMBER: 2017-0613-PWS-E; IDENTIFIER: RN101232874; LOCATION: Livingston, Polk County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(j), by failing to utilize a customer service inspection (CSI) certificate form approved by the executive director (ED) or receive approval from the ED for any CSI certificate form which varies from the specified format; 30 TAC §290.44(h)(4)(C), by failing to ensure that any backflow prevention assembly Test and Maintenance report form which varies from the format specified in Commission Form 20700 is approved by the ED prior to being placed in use; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(u), by failing to plug an abandoned public water supply well in accordance with 16 TAC Chapter 76, or submit the test results proving that the well is in a non-deteriorated condition; 30 TAC §290.46(p)(2), by failing to provide the ED with a list of all the operators and operating companies that the public water system uses on an annual basis; 30 TAC §290.44(h)(4), by failing to have the backflow prevention assemblies tested upon installation and certified on an annual basis by a recognized backflow prevention assembly tester; and 30 TAC §290.45(b)(1)(D)(iv) and Texas Health and Safety Code, §341.0315(c), by failing to provide an elevated storage tank capacity of 100 gallons per connection; PENALTY: $7,380; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: City of Richland Springs; DOCKET NUMBER: 2017-0871-PWS-E; IDENTIFIER: RN101405033; LOCATION: Richland Springs, San Saba 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 calendar year 2015; 30 TAC §290.117(g)(2)(A), by failing to submit a recommendation to the executive director (ED) for source water treatment within 180 days after the January 1, 2016 - December 31, 2016, monitoring period during which the lead action level was exceeded; and 30 TAC §290.117(f)(3)(A), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the January 1, 2016 - December 31, 2016, monitoring period during which the lead action level was exceeded; PENALTY: $150; ENFORCEMENT COORDINATOR: Paige Bond, (512) 239-2678; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: City of Texline; DOCKET NUMBER: 2017-0870-PWS-E; IDENTIFIER: RN101454361; LOCATION: Texline, Dallam County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.108(f)(1) and §290.122(b)(2)(A) and (f), and Texas Health and Safety Code (THSC), §341.0315(c), by failing to comply with maximum contaminant level (MCL) of 5 picoCuries per liter (pCi/L) for combined radium-226 and radium-228 for the fourth quarter of 2016 and the first quarter of 2017, based on a running annual average, and failing to provide public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to comply with the MCL for combined radium-226 and radium-228 for the fourth quarter of 2016; and 30 TAC §290.108(f)(1) and §290.122(b)(2)(A) and (f), and THSC, §341.0315(c), by failing to comply with the MCL of 15 pCi/L for gross alpha particle activity for the fourth quarter of 2016 and the first quarter of 2017, based on the running annual average, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to comply with the MCL for gross alpha particle activity for the fourth quarter of 2016; PENALTY: $427; ENFORCEMENT COORDINATOR: Paige Bond, (512) 239-2678; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(8) COMPANY: HOUSTON COUNTRY CLUB; DOCKET NUMBER: 2017-0751-PST-E; IDENTIFIER: RN102013802; LOCATION: Houston, Harris County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month; PENALTY: $11,700; ENFORCEMENT COORDINATOR: John Paul Fennell, (512) 239-2616; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: HS BUSINESS INCORPORATED dba HS Chevron; DOCKET NUMBER: 2017-0637-PST-E; IDENTIFIER: RN101907947; LOCATION: Humble, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c) and §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month, and failing to conduct effective inventory control procedures for the UST system involved in the retail sale of flammable liquids used as a motor fuel; 30 TAC §334.74, by failing to investigate a suspected release of regulated substance within 30 days of discovery; and 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; PENALTY: $33,107; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Lakeline Sports Investments, LLC; DOCKET NUMBER: 2017-0704-EAQ-E; IDENTIFIER: RN106356025; LOCATION: Cedar Park, Williamson County; TYPE OF FACILITY: commercial recreational sport site; RULES VIOLATED: 30 TAC §213.4(a)(1) and (j)(3) and Water Pollution Abatement Plan (WPAP) Number 11-12022203, Standard Conditions Number 5, by failing to obtain approval of a modification to an approved WPAP prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; 30 TAC §213.5(f)(1) and WPAP Number 11-12022203, Standard Conditions Number 6, by failing to provide written notification of intent to commence construction to the Austin Regional Office no later than 48 hours prior to commencement of a regulated activity; 30 TAC §213.5(b)(4)(D)(ii)(II) and WPAP Number 11-12022203, Standard Conditions Number 16, by failing to insure that the permanent best management practices and measures are constructed and function as designed; and 30 TAC §213.4(k) and WPAP Number 11-12022203, Standard Conditions Number 18, by failing to comply with an approved WPAP; PENALTY: $4,150; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(11) COMPANY: Lockhart Market LLC; DOCKET NUMBER: 2017-0779-PST-E; IDENTIFIER: RN102346202; LOCATION: Lockhart, 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: $4,500; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(12) COMPANY: Orion Engineered Carbons LLC; DOCKET NUMBER: 2017-0148-AIR-E; IDENTIFIER: RN100209386; LOCATION: Orange, Orange County; TYPE OF FACILITY: carbon black manufacturing plant; RULES VIOLATED: 30 TAC §101.4 and Texas Health and Safety Code, §382.085(a) and (b), by failing to prevent nuisance conditions; PENALTY: $36,300; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(13) COMPANY: The George Foundation; DOCKET NUMBER: 2016-0475-PWS-E; IDENTIFIER: RN101235570; LOCATION: Richmond, Fort Bend County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), (h) and (i)(1) and §290.122(c)(2)(A) and (f), and 40 Code of Federal Regulations (CFR) §141.86 and §141.90(a), by failing to collect lead and copper tap samples at the required ten sample sites for the first six-month monitoring period following the January 1, 2012 - December 31, 2014, monitoring period during which the lead action level was exceeded, 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 for the January 1, 2015 - June 30, 2015, monitoring period; 30 TAC §290.117(e)(2), (h) and (i)(3) and §290.122(c)(2)(A) and (f), and 40 CFR §141.87 and §141.90(a), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample sites for two consecutive six-month periods following the January 1, 2012 - December 31, 2014, monitoring period during which the lead action level was exceeded, 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 conduct all of the required water quality parameter sampling during the January 1, 2015 - June 30, 2015, monitoring period; 30 TAC §290.117(d)(2)(A), (h) and (i)(2) and §290.122(c)(2)(A) and (f), and 40 CFR §141.88 and §141.90(b), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2012 - December 31, 2014, monitoring period during which the lead action level was exceeded, 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 one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2012 - December 31, 2014, monitoring period; 30 TAC §290.117(g)(2)(A) and §290.122(b)(2)(B) and (f), and 40 CFR §141.83 and §141.90(d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2012 - December 31, 2014, monitoring period during which the lead action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for source water treatment; and 30 TAC §290.117(f)(3)(A) and §290.122(b)(2)(B) and (f), and 40 CFR §§141.81(e)(1), 141.82(a), and 141.90(c)(2), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2012 - December 31, 2014, monitoring period during which the lead action level was exceeded, and failing to provide 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; PENALTY: $735; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Total Petrochemicals and Refining USA, Incorporated; DOCKET NUMBER: 2017-0762-AIR-E; IDENTIFIER: RN102457520; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), New Source Review Permt Numbers 46396, PSDTX1073M2, and N044, Special Conditions Number 1, Federal Operating Permit (FOP) Number O1267, Special Terms and Conditions (STC) Number 29, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a) and §122.143(4), FOP Number O1267, STC Number 2.F, and THSC, §382.085(b), by failing to submit the initial notification for Incident Number 250562 within 24 hours after discovery of the emissions event; PENALTY: $7,001; Supplemental Environmental Project offset amount of $3,500; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(15) COMPANY: TXI Operations, LP; DOCKET NUMBER: 2017-0608-WQ-E; IDENTIFIER: RN102740073; LOCATION: Frisco, Denton County; TYPE OF FACILITY: ready-mixed concrete manufacturing facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXG110167, Part III. Permit Requirements, Section A, Number 1., by failing to comply with permitted effluent limitations at Outfall Numbers 001 and 002; and 30 TAC §305.125(1) and §319.5(b) and TPDES General Permit Number TXG110167, Part III. Permit Requirements, Section A, Number 1., by failing to collect and analyze effluent samples at the required frequency specified in the permit; PENALTY: $12,850; ENFORCEMENT COORDINATOR: James Boyle, (512) 239-2527; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: United States Department of the Navy; DOCKET NUMBER: 2017-0467-IHW-E; IDENTIFIER: RN101131332; LOCATION: Corpus Christi, Nueces County; TYPE OF FACILITY: naval air station; RULES VIOLATED: 30 TAC §335.69(b) and 40 Code of Federal Regulations §262.34(b), by failing to comply with the 90-day accumulation time limitation for storage of hazardous waste; and 30 TAC §335.6(c), by failing to update the facility's Notice of Registration; PENALTY: $0; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(17) COMPANY: VK and HIANA LLC dba Sunrise Market 3; DOCKET NUMBER: 2017-0674-PST-E; IDENTIFIER: RN103029104; LOCATION: Aransas Pass, San Patricio County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank (UST) for releases at a frequency of at least once every month; and 30 TAC §334.49(b)(2) and TWC, §26.3475(d), by failing to protect from corrosion all components of an UST system which are designed to convey, contain, or store regulated substances by electrically isolating the components from the corrosive elements of the surrounding soil, backfill, groundwater, or any other water, and from other metallic components; PENALTY: $8,063; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(18) COMPANY: Walter E. Nix, Jr.; DOCKET NUMBER: 2017-0680-WOC-E; IDENTIFIER: RN103472163; LOCATION: Lyons, Burleson County; TYPE OF FACILITY: production, treatment, or distribution of public drinking water; RULES VIOLATED: 30 TAC §30.5(a) and §30.381(b), TWC, §37.003, and Texas Health and Safety Code, §341.034(b), by failing to obtain a valid water system operator license prior to performing process control duties in the production or distribution of public drinking water; PENALTY: $786; ENFORCEMENT COORDINATOR: Claudia Corrales, (432) 620-6138; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(19) COMPANY: WRIGHT CITY WATER SUPPLY CORPORATION; DOCKET NUMBER: 2017-0847-PWS-E; IDENTIFIER: RN101237063; LOCATION: Troup, Smith County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1), Texas Health and Safety Code, §341.0315(c), and TCEQ Agreed Order Docket Number 2014-1499-PWS-E, Ordering Provision Number 2.a, by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $420; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(20) COMPANY: ZR CO, INCORPORATED; DOCKET NUMBER: 2017-0876-PST-E; IDENTIFIER: RN101560779; LOCATION: Garland, Dallas County; TYPE OF FACILITY: a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Claudia Corrales, (432) 620-6138; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201703390

Gitanijali Yadav

Acting Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 29, 2017


Enforcement Orders

An agreed order was adopted regarding Sai BBD, Inc dba Johns Quik Stop, Docket No. 2016-1518-PST-E on August 29, 2017, assessing $6,629 in administrative penalties with $3,029 deferred. Information concerning any aspect of this order may be obtained by contacting Ian Groetsch, 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 TEXAS 1 TRAVEL STOP INC, Docket No. 2016-1557-PST-E on August 29, 2017, assessing $7,253 in administrative penalties with $1,450 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.

An agreed order was adopted regarding Kacy Patel and Vaghela Vajubhai dba Kwik Pik Food Store 9, Docket No. 2016-2002-PST-E on August 29, 2017, assessing $6,251 in administrative penalties with $1,250 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Stump, 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 Global Jubilee 2007 Inc., Docket No. 2017-0017-MWD-E on August 29, 2017, assessing $2,500 in administrative penalties with $500 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 M&D Development LLC, Docket No. 2017-0182-MWD-E on August 29, 2017, assessing $1,650 in administrative penalties with $330 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 TERRA SOUTHWEST, INC., Docket No. 2017-0376-PWS-E on August 29, 2017, assessing $307 in administrative penalties with $61 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 Palmer, Docket No. 2017-0475-PWS-E on August 29, 2017, assessing $321 in administrative penalties with $64 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 IKO Southwest Inc., Docket No. 2017-0525-AIR-E on August 29, 2017, assessing $1,250 in administrative penalties with $250 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.

TRD-201703417

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 30, 2017


Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls

Proposed Air Quality Registration Number 147829

APPLICATION. New Boston Concrete Inc., 100 South McCoy Boulevard, New Boston, Texas 75570-3624 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 147829 to authorize the operation of a permanent concrete batch plant. The facility is proposed to be located at 2179 Farm-to-Market Road 1903, Caddo Mills, Hunt County, Texas 75135. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=33.04295&lng=-96.17712&zoom=13&type=r. This application was submitted to the TCEQ on July 21, 2017. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on August 15, 2017.

PUBLIC COMMENT / PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www.tceq.texas.gov/about/comments.html. Any personal information you submit to the TCEQ will become part of the agency's record; this includes email addresses.

A public hearing has been scheduled, that will consist of two parts, an informal discussion period and a formal comment period. During the informal discussion period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application, but comments made during the informal period will not be considered by the executive director before reaching a decision on the permit, and no formal response will be made to the informal comments. During the formal comment period, members of the public may state their comments into the official record. Written comments about this application may also be submitted at any time during the hearing. The purpose of a public hearing is to provide the opportunity to submit written comments or an oral statement about the application. The public hearing is not an evidentiary proceeding.

The Public Hearing is to be held:

Monday, October 16, 2017, at 6:00 p.m.

Fletcher Warren Civic Center

5501 South Business Highway 69 South

Greenville, Texas 75402

RESPONSE TO COMMENTS. A written response to all formal comments will be prepared by the executive director after the comment period closes. The response, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments and the response to comments will be posted in the permit file for viewing.

The executive director shall approve or deny the application not later than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit.

CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Dallas/Fort Worth Regional Office, located at 2309 Gravel Dr, Fort Worth, Texas 76118-6951, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning the first day of publication of this notice.

INFORMATION. If you need more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from New Boston, Concrete, Inc., 100 South McCoy Boulevard, New Boston, Texas 75570-3624, or by calling Mr. M. Todd Graham, Secretary Treasurer at (903) 628-3556.

Notice Issuance Date: August 18, 2017.

TRD-201703412

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 30, 2017


Notice of Hearing

Daedelus Corporation

SOAH Docket No. 582-17-5686

TCEQ Docket No. 2017-0743-MWD

Permit No. WQ0015482001

APPLICATION.

Daedelus Corporation, 7160 Dallas Parkway, Suite 250, Plano, Texas 75024, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015482001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. TCEQ received this application on May 24, 2016.

The facility will be located approximately 1.0 mile south-southeast of the intersection of County Road 1641 and County Road 148, in Kaufman County, Texas 75160. The treated effluent will be discharged to a ditch; thence to Big Brushy Creek; thence to Kings Creek; thence to Cedar Creek Reservoir in Segment No. 0818 of the Trinity River Basin. The unclassified receiving water uses are minimal aquatic life use for the ditch and high aquatic life use for Big Brushy Creek. The designated uses for Segment No. 0818 are high aquatic life use, public water supply, and primary contact recreation. In accordance with Title 30 of the Texas Administrative Code (TAC) Section 307.5 and the TCEQ Procedures for the Implementation of the Texas Surface Water Quality Standards (June 2010), an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Big Brushy Creek, which has been identified as having high aquatic life use. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ Executive Director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at the Talty Town Office, 9550 Helms Trail, Suite 500, Forney, Texas. As a public courtesy, we have provided the following Web page to an online map of the site or the facility's general location. The online map is not part of the application or the notice: <http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.676944&lng=-96.3725&zoom=13&type=r>. For the exact location, refer to the application.

CONTESTED CASE HEARING.

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

10:00 a.m. - October 11, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on July 31, 2017. In addition to these issues, the judge may consider additional issues if certain factors are met.

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

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

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

INFORMATION.

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

Further information may also be obtained from Daedelus Corporation at the address stated above or by calling Mr. Leon Bradshaw, Vice President, at (214) 744-5000.

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

Issued: August 23, 2017

TRD-201703411

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 30, 2017


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Order (S/DO). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is October 9, 2017. The commission will consider any written comments received and the commission may withdraw or withhold approval of an S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 9, 2017. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorney is available to discuss the S/DO and/or the comment procedure at the listed phone number; however, comments on the S/DO shall be submitted to the commission in writing.

(1) COMPANY: MERITOCRACY GROUP INC. dba Tex Mex Food Mart 4; DOCKET NUMBER: 2016-1560-PST-E; TCEQ ID NUMBER: RN102242898; LOCATION: 1908 North Sugar Road, Suite A, Edinburg, Hidalgo County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $5,124; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-201703392

Gitanijali Yadav

Acting Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 29, 2017


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

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is October 9, 2017. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 9, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: City of Dell City; DOCKET NUMBER: 2017-0101-PWS-E; TCEQ ID NUMBER: RN101210409; LOCATION: intersection of West 1st Street and Dodson Street, Dell City, Hudspeth County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report to the executive director (ED) each quarter by the tenth day of the month following the end of the quarter; 30 TAC §290.117(c)(2)(C), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; and 30 TAC §290.117(c)(2)(B), (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; PENALTY: $955; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(2) COMPANY: C-Store Products Inc dba The Gas Station; DOCKET NUMBER: 2017-0243-PST-E; TCEQ ID NUMBER: RN102033875; LOCATION: 203 South Broad Street, Saint Jo, Montague County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $3,750; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(3) COMPANY: MAGNOLIA TRUCK TIRE SERVICE, INC.; DOCKET NUMBER: 2016-1138-MSW-E; TCEQ ID NUMBER: RN104913215; LOCATION: 620 Gellhorn Drive, Houston, Harris County; TYPE OF FACILITY: scrap tire processing and transport facility; RULES VIOLATED: 30 TAC §328.60(a), by failing to obtain a scrap tire storage site registration for the facility prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in containers; and 30 TAC §328.63(c), by failing to obtain a registration to process scrap tires; PENALTY: $7,500; STAFF ATTORNEY: Jake Marx, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: MURPHY OIL USA, INC.; DOCKET NUMBER: 2016-0878-PST-E; TCEQ ID NUMBER: RN102257961; LOCATION: 333 East United States Highway 82, Sherman, Grayson County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(b)(2), by failing to maintain all components of a UST system electrically isolated from the corrosive elements of the surrounding soil, backfill, groundwater, or any other water, and from other metallic components; 30 TAC §334.46(c)(1), by failing to design and install the piping layout in a manner that will minimize the crossing of other lines and conduits, and the crossing of tanks and other UST system components; TWC, §26.3467(a) and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; and 30 TAC §334.7(a)(1) and (c), and §334.8(c)(4)(A)(vi)(II), by failing to register with the commission, on authorized agency forms, USTs in existence on or after September 1, 1987, by submitting a properly completed UST registration and self-certification form to the agency within 30 days after the date any regulated substance was placed into the USTs; PENALTY: $40,014; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: South Central Industrial Properties VII, L.P.; DOCKET NUMBER: 2016-0153-PWS-E; TCEQ ID NUMBER: RN106229925; LOCATION: 8807 Highway 225, La Porte, Harris County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.41(c)(3)(A), by failing to submit well completion data to the executive director for review and approval prior to placing a well into service as a public water supply source; PENALTY: $52; STAFF ATTORNEY: Elizabeth Carroll Harkrider, Litigation Division, MC 175, (512) 239-2008; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: Ty Osmani dba Lucky Truck Stop; DOCKET NUMBER: 2016-1036-PST-E; TCEQ ID NUMBER: RN105061006; LOCATION: 31242 United States Highway 82, Whitesboro, Grayson County; TYPE OF FACILITY: an underground storage tank (UST) system and a truck stop with retail sales of gasoline; RULES VIOLATED: Texas Health and Safety Code, §382.085(b) and 30 TAC §115.221, by failing to control displaced vapors from a stationary gasoline storage container located at a motor vehicle fuel dispensing station located in a covered attainment county; 30 TAC §334.45(c)(3)(A), by failing to install a secure anchor at the base of the dispenser and include a fusible link designed to provide a positive shut-off product flow in the event that a fire, collision, or other emergency occurs at the dispenser end of the pressurized line; and 30 TAC §334.602(a)(4), by failing to ensure that at least one certified operator - Class A, B, or C - is present at the facility during hours of operation; PENALTY: $8,439; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Ty Osmani dba Lucky Stop 8 and Lucky Stop 2; DOCKET NUMBER: 2016-0751-PST-E; TCEQ ID NUMBERS: RN102247178 and RN101445005; LOCATIONS: 1621 Texoma Parkway, Sherman (Facility 1) and 4916 South Texoma, Denison (Facility 2), Grayson County; TYPE OF FACILITIES: underground storage tank (UST) systems and convenience stores with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs at Facility 1 and 2 for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $7,500; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Ty Osmani dba Lucky Stop 10; DOCKET NUMBER: 2016-0774-PST-E; TCEQ ID NUMBER: RN102248036; LOCATION: 429 North Sam Rayburn Freeway, Sherman, Grayson County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.10(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: $5,000; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: YORK INC dba Discount Mart; DOCKET NUMBER: 2017-0155-PST-E; TCEQ ID NUMBER: RN101560647; LOCATION: 1660 West Lingleville Road, Stephenville, Erath County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $2,567; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201703393

Gitanijali Yadav

Acting Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 29, 2017


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is October 9, 2017. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 9, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Alan Glenn Johnson and Jeff Milton Haney dba Big Boyz Tire Shop; DOCKET NUMBER: 2017-0258-PST-E; TCEQ ID NUMBER: RN101808244; LOCATION: 1500 West Reverend Doctor Ransom Howard Street, Port Arthur, Jefferson County; TYPE OF FACILITY: inactive underground storage tank (UST) system; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $3,937; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Donald E. Schigut dba Schigut Property WS and Virginia A. Schigut dba Schigut Property WS; DOCKET NUMBER: 2015-0364-PWS-E; TCEQ ID NUMBER: RN107033318; LOCATION: 1415 South United States Highway 281, Marble Falls, Burnet County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code (THSC), §341.035(a) and 30 TAC §290.39(e)(1) and (h)(1), by failing to submit plans and specifications to the executive director (ED) for review and approval prior to the establishment of a new public water system; THSC, §341.033(d) and 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(A) and (B) and (f), by failing to collect routine distribution water samples for coliform analysis and failing to post public notification and submit a copy of the public notification to the ED regarding the failure to conduct coliform monitoring; 30 TAC §290.110(e)(4)(A) and (f)(3) and §290.122(c)(2)(A) and (B) and (f), by failing to submit Disinfectant Level Quarterly Operating Reports (DLQORs) to the ED each quarter by the tenth day of the month following the end of the quarter, and failing to post public notification and submit a copy of the public notification to the ED regarding the failure to submit DLQORs; 30 TAC §290.117(c)(2)(A) and (i)(1), by failing to collect semiannual lead and copper tap samples at the required five sample sites, have the samples analyzed at an approved laboratory, and submit the results to the ED; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay Public Health Service fees and associated late fees for TCEQ Financial Administration Account Number 90270147; PENALTY: $2,068; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.

(3) COMPANY: MARQUIS CONSTRUCTION SERVICES, LLC; DOCKET NUMBER: 2016-1782-MLM-E; TCEQ ID NUMBER: RN106395817; LOCATION: 29203 Farm-to-Market Road 2004 near Angleton, Brazoria County; TYPE OF FACILITY: surface coating and abrasive cleaning operations; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(a) and (b), and 30 TAC §101.4, by failing to prevent nuisance conditions; THSC, §382.085(b), 30 TAC §106.6(b) and §106.452(2)(A), and Permit by Rule Registration Number 102407, by failing to comply with the abrasive usage rate of one ton per day during dry abrasive cleaning operations; THSC, §382.085(b) and 30 TAC §111.201, by causing, suffering, allowing, or permitting outdoor burning within the State of Texas; and 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of municipal solid waste; PENALTY: $10,621; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: Tim Wilson and Teresa Wilson; DOCKET NUMBER: 2017-0079-MSW-E; TCEQ ID NUMBER: RN109341420; LOCATION: 123 Banks Road, Big Spring, Howard County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) site; RULES VIOLATED: 30 TAC §330.7(a), by failing to obtain authorization from the TCEQ prior to engaging in any activity of storage, processing, removal, or disposal of MSW; and 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW; PENALTY: $7,500; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Midland Regional Office, 9900 W IH-20, Suite 100, Midland, Texas 79706-5406, (432) 570-1359.

TRD-201703394

Gitanijali Yadav

Acting Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 29, 2017


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 307

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 307, Texas Surface Water Quality Standards, §§307.2, 307.3, 307.6, 307.7, 307.9, and 307.10, under the requirements of Texas Government Code, Chapter 2001, Subchapter B. The proposed rulemaking would provide a periodic public review and revision of the Texas Surface Water Quality Standards, as provided for in the Texas Water Code, §26.023 and required by the federal Clean Water Act, §303(c).

The commission proposes substantive and editorial changes, including numerous revisions of toxic criteria to incorporate new data on toxicity effects, revisions to provide clarity on how water quality standards would be assessed using monitoring data for bacteria, and numerous revisions for the uses and criteria of individual water bodies in order to incorporate new data and the results of recent use-attainability analyses (UAAs). Proposed changes also include the creation of a new segment, Blind Oso Bay (Segment 2486), based on the results of a UAA.

The commission will hold a public hearing on this proposal in Austin on October 16, 2017, at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The webcast from this hearing may be viewed at http://www.texasadmin.com/tceqs.shtml. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

In conjunction with the hearing, the commission will also take written and oral comments on the proposed changes to the Procedures to Implement the Texas Surface Water Quality Standards (IPs). The IPs provide guidance and explanation of the general and technical procedures used in implementing the standards in wastewater discharge permits. The IPs reflect editorial and substantive changes necessitated by changes to Chapter 307 as well as clarification of some subjects and new information on others.

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

Public Comment for Proposed Rule Revisions

Written comments may be submitted to Kris Hogan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2016-002-307-OW. The comment period closes on October 17, 2017. Copies of the proposed rulemaking can be obtained from the commission's website at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Debbie Miller, Monitoring and Assessment Section, at (512) 239-1703.

Public Comment for Proposed IPs Revisions

Written comments on the proposed revisions to the IPs may be submitted to Peter Schaefer, MC 150, Water Quality Division, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4420. Electronic comments may be submitted via email to IPCOMMNT@tceq.texas.gov. File size restrictions may apply to comments being submitted via e-mail. All comments should reference the Implementation Procedures, RG-194. The comment period closes on October 17, 2017. Copies of the proposed guidance can be obtained from the commission's website at https://www.tceq.texas.gov/waterquality/standards/WQ_stds. For further information regarding changes to the IPs, please contact Peter Schaefer, Implementation Procedures Coordinator, Water Quality Division, at (512) 239-4372.

TRD-201703350

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: August 25, 2017


Notice of Water Quality Application

The following notices were issued on August 23, 2017.

The following does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087 WITHIN (30) DAYS OF THE ISSUED DATE OF THE NOTICE.

INFORMATION SECTION

DENNIS JAMES SCHOUTEN & LINDA LOUISE SCHOUTEN have applied for a minor amendment of Texas Pollutant Discharge Elimination System Permit No. WQ0004133000,for a Concentrated Animal Feeding Operation (CAFO), to reconfigure land management units (LMUs) #1 and #2 in order to add a center pivot to LMU #1; decrease the acreage of LMU #4 from 82 to 80 acres; and add concrete settling basins, three loafing barns, and one settling pit to the production area. The currently authorized maximum capacity of 999 head, all of which are milking cows, remains unchanged. The facility is located at 17743 North State Highway 108 at 17743 North State Highway 108 in Stephenville, Erath County, Texas.

If you need more information about these permit applications or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

TRD-201703409

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 30, 2017


Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on August 25, 2017, in the matter of the Executive Director of the Texas Commission on Environmental Quality v. TEXAS ARCHITECTURAL AGGREGATE, INC.; SOAH Docket No. 582-17-0377; TCEQ Docket No. 2015-1825-WQ-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against TEXAS ARCHITECTURAL AGGREGATE, INC. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Mehgan Taack, Office of the Chief Clerk, (512) 239-3300.

TRD-201703410

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 30, 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 Jennifer Griggs at (512) 463-5800.

Deadline: Personal Financial Statement due June 30, 2017

Kelley Sullivan, 2069 FM 2498, Crockett, Texas 75835

Sharon Breckenridge Thomas, 18106 Brookwood Forest, San Antonio, Texas 78252

Allison Lowery, MC W619, 701 W. 51st Str., Austin, Texas 78751

Wesley Terrell, 9011 Prominence Dr., Dallas, Texas 75238

TRD-201703302

Seana Willing

Executive Director

Texas Ethics Commission

Filed: August 24, 2017


Texas Facilities Commission

Request for Proposals #303-9-20613

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

The deadline for questions is September 8, 2017 and the deadline for proposals is September 26, 2017 at 3:00 p.m. The award date is October 26, 2017. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Karissa McDonald, at (512) 463-5649. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=143477.

TRD-201703343

Kay Molina

General Counsel

Texas Facilities Commission

Filed: August 25, 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 July 20, 2017, through August 24, 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 web site. The notice was published on the web site on Friday, September 1, 2017. The public comment period for this project will close at 5:00 p.m. on Monday, October 2, 2017.

FEDERAL AGENCY ACTIONS:

Applicant: Port of Houston Authority

Location: Jacintoport Slip (Houston Ship Channel), Houston, Harris County, Texas

LATITUDE & LONGITUDE (NAD 83): 29.748578 North -95.110014 West

Project Description: The applicant proposed to perform maintenance dredging activities at the existing Jacintoport Terminal and add seven new dredged material placement areas (DMPAs). The activities include hydraulic and silt blade dredging of approximately 12,000 cubic yards of material from the existing wharves to a- 41.5 feet mean lower low water (MLLW) and to dispose of the material into existing DMPAs. The proposed dredging area is approximately 3.79 acres.

CMP Project No: 17-1284-F1

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-1995-02296. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA).

Applicant: Brazoria County Engineering Department

Location: San Bernard River and Gulf of Mexico, Brazoria County, Texas

LATITUDE & LONGITUDE (NAD 83): Dredge Start: 28.86970 North -95.44397 West; Dredge Stop: 28.85246 North -95.43961 West; Mitigation Site: 28.85934 North -95.43930 West; Surf Placement Area: 28.84492 North -95.48025 West

Project Description: The applicant proposes to perform hydraulic dredging to restore the mouth of the San Bernard River. Approximately 123,000 cubic yards of materials would be dredged initially, and maintenance dredging would be performed every two years thereafter. The proposed dredging would impact 0.17 acres of beach area, and 0.35 acres of marsh within the dredging footprint. The applicant proposes to discharge suitable sand material into the surf zone for down shore beach nourishment. Dredge material suitable for marsh creation will be used at the mitigation site.

CMP Project No: 17-1290-F1

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2015-000603. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under Section 401 of the Clean Water Act.

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-201703403

Anne L. Idsal

Chief Clerk/Deputy Land Commissioner

General Land Office

Filed: August 29, 2017


Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rate for Truman W. Smith Children's Care Center

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on September 22, 2017, at 9:00 a.m. to receive public comment on the proposed payment rate for the Truman W. Smith Children's Care Center, a nursing facility in the pediatric care facility special reimbursement class of the Nursing Facility program.

The public hearing will be held in Conference Room 5155, on the 5th floor of the Brown Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. Free parking is available in front of the building and in the adjacent parking garage. 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 decrease the payment rate for the pediatric care facility special reimbursement class, of which the Truman W. Smith Children's Care Center is the sole provider, from $270.17 a day to $269.75 a day. The proposed rate will be effective September 1, 2017.

Methodology and Justification. The proposed payment rate was calculated in accordance with Title 1 of the Texas Administrative Code §355.307, which addresses the reimbursement setting methodology for nursing facilities.

Briefing Package. A briefing package describing the proposed payment rate will be available at http://www.hhsc.state.tx.us/rad/rate-packets.shtml on or after September 8, 2017. Interested parties may also obtain a copy of the briefing package prior to 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. In addition, the briefing package will be available at the public hearing.

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

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-201703406

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: August 29, 2017


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

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on September 20, 2017, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for Anesthesia Services.

The public hearing will be held in the John H. Winters building, Public Hearing Room located at 701 West 51st Street. Austin, Texas. Entry is through security at the main entrance of the building, which faces West 51st Street. HHSC also will broadcast the public hearing; the broadcast can be accessed at http://legacy-hhsc.hhsc.state.tx.us/news/webcasting.asp. The broadcast will be archived and can be accessed on demand at the same website. 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. The payment rates for Anesthesia Services are proposed to be effective November 1, 2017.

Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:

§355.8085, which addresses the reimbursement methodology for physicians and other practitioners;

§355.8221, which addresses the reimbursement methodology for certified registered nurse anesthetists; and

§355.8441, which addresses the reimbursement methodology for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services (known in Texas as Texas Health Steps).

Briefing Package. A briefing package describing the proposed payments rates will be available on or after September 6, 2017. Interested parties may obtain a copy of the briefing package online at http://legacy-hhsc.hhsc.state.tx.us/rad/rate-packets.shtml or by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by email at RADAcuteCare@hhsc.state.tx.us. The briefing package will also 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, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by email to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd, Austin, Texas 78751.

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

TRD-201703419

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: August 30, 2017


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-201703407

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: August 29, 2017


Maximum Fees Allowed for Providing Health Care Information Effective September 1, 2017

The Texas Department of State Health Services licenses and regulates the operation of general and special hospitals in accordance with Chapter 241 of the Texas Health and Safety Code. In 1995, the Texas Legislature amended this law to address the release and confidentiality of health care information. In 2009, the Texas Legislature amended the statute again to change the definition of health care information and to add a category of fees for records provided on digital or other electronic media and delivered electronically.

In accordance with Health and Safety Code, §241.154(e), the fee effective as of January 20, 2017, for providing a patient's health care information has been increased by 1.8% to reflect the most recent changes to the consumer price index that measures the average changes in prices of goods and services purchased by urban wage earners and clerical workers as published by the Bureau of Labor Statistics of the United States Department of Labor.

This information is provided only as a courtesy to licensed hospitals. Hospitals are responsible for verifying that fees for health care information are charged in accordance with Health and Safety Code, Chapters 241, 311, and 324.

The current fees relate to the following provisions of the Health and Safety Code, §241.154(b) - (d):

(b) Except as provided by subsection (d), the hospital or its agent may charge a reasonable fee for providing the health care information except payment information and is not required to permit the examination, copying, or release of the information requested until the fee is paid unless there is a medical emergency. The fee may not exceed the sum of:

(1) a basic retrieval or processing fee, which must include the fee for providing the first 10 pages of copies and which may not exceed $46.61; and

(A) a charge for each page of:

(i) $1.57 for the 11th through the 60th page of provided copies;

(ii) $.77 for the 61st through the 400th page of provided copies;

(iii) $.42 for any remaining pages of the provided copies; and

(B) the actual cost of mailing, shipping, or otherwise delivering the provided copies;

(2) if the requested records are stored on microform, a retrieval or processing fee, which must include the fee for providing the first 10 pages of the copies and which may not exceed $71.00; and

(A) $1.57 per page thereafter; and

(B) the actual cost of mailing, shipping, or otherwise delivering the provided copies; or

(3) if the requested records are provided on a digital or other electronic medium and the requesting party requests delivery in a digital or electronic medium, including electronic mail:

(A) a retrieval or processing fee, which may not exceed $84.44; and

(B) the actual cost of mailing, shipping, or otherwise delivering the provided copies.

(c) In addition, the hospital or its agent may charge a reasonable fee for:

(1) execution of an affidavit or certification of a document, not to exceed the charge authorized by Civil Practice and Remedies Code, §22.004; and

(2) written responses to a written set of questions, not to exceed $10.00 for a set.

(d) A hospital may not charge a fee for:

(1) providing health care information under subsection (b) to the extent the fee is prohibited under Health and Safety Code, Chapter 161, Subchapter M;

(2) a patient to examine the patient's own health care information;

(3) providing an itemized statement of billed services to a patient or third-party payer, except as provided under Health and Safety Code, §311.002(f); or

(4) health care information relating to treatment or hospitalization for which workers' compensation benefits are being sought, except to the extent permitted under Labor Code, Chapter 408.

The statutes referenced in this notice may be found on the Internet at:

Health and Safety Code, http://www.statutes.legis.state.tx.us?link=HS

Labor Code, http://www.statutes.legis.state.tx.us?link=LA

Civil Practice and Remedies Code, http://www.statutes.legis.state.tx.us?link=CP

Should you have questions, you may contact the Department of State Health Services, Facility Licensing Group, Mail Code 2835, P.O. Box 149347, Austin, Texas 78714-9347, telephone (512) 834-6648.

TRD-201703416

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: August 30, 2017


Order Placing Acryl Fentanyl into Schedule I Temporarily Listed Substances

The Administrator of the Drug Enforcement Administration issued a temporary scheduling order to schedule the synthetic opioid N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (Other names: acryl fentanyl or acryloylfentanyl) including its isomers, esters, ethers, salts and salts of isomers, esters, and ethers in schedule I of the Controlled Substances Act effective July 14, 2017. This temporary scheduling order was published in the July 14, 2017 issue of the Federal Register, Volume 82, Number 134, pages 32453-32457. The Administrator has taken action based on the following.

1. Acryl fentanyl has a high potential for abuse.

2. Acryl 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 acryl fentanyl.

4. Control of acryl fentanyl is necessary to avoid an imminent hazard to the public.

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 acryl fentanyl be placed into Schedule I temporarily listed substances.

SCHEDULE I

Schedule I consists of:

-Schedule I opiates

(no change)

-Schedule I opium derivatives

(no change)

-Schedule I hallucinogenic substances

(no change)

-Schedule I stimulants

(no change)

-Schedule I depressants

(no change)

-Schedule I Cannabimimetic agents

(no change)

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

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

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

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

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

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

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

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

(7) 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (Other name: U47700);

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

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

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

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

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

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

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

(15) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (Other names: 4-fluoroisobutyryl fentanyl or para-fluoroisobutyryl fentanyl); and,

*(16) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (Other names: acryl fentanyl or acryloylfentanyl).

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

TRD-201703423

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: August 30, 2017


Texas Higher Education Coordinating Board

Notice of Intent to Engage in Negotiated Rulemaking - Dual Credit Course Limitations

(Texas Public Universities, Community Colleges, Lamar State Colleges, and Texas State Technical Colleges)

Senate Bill 1091, 85th Texas Legislature, Regular Session, relating to limitations on courses that may be offered for dual credit by school districts and public institutions of higher education, amends Texas Education Code §§28.009, 51.968, and 130.008. The Texas Higher Education Coordinating Board ("THECB" or "Board") and Texas Education Agency ("TEA") plan to engage in negotiated rulemaking to coordinate the adoption of rules for the implementation of these amendments.

In identifying persons likely affected by the proposed rules, the Convener of Negotiated Rulemaking sent a memo via email to all chancellors and presidents at Texas public universities, community colleges, Lamar State Colleges, and Texas State Technical Colleges soliciting their interest and willingness to participate in the negotiated rulemaking process, or to nominate a representative from their system/campus.

From this effort, 43 individuals responded (out of approximately 149 affected entities) and expressed an interest to participate or nominated someone from their system/institution to participate on the negotiated rulemaking committee for dual credit course limitations. The positions held by the volunteers and nominees include presidents, provosts, directors, and coordinators. This indicates a probable willingness and authority of the affected interests to negotiate in good faith and a reasonable probability that a negotiated rulemaking process can result in a unanimous or, if the committee so chooses, a suitable general consensus on the proposed rule.

The following is a list of the stakeholders who are significantly affected by this rule and will be represented on the negotiated rulemaking committee for dual credit course limitations:

1. Public Universities;

2. Public Community Colleges;

3. Lamar State Colleges;

4. Texas State Technical Colleges; and

5. Texas Higher Education Coordinating Board.

The THECB proposes to appoint the following 17 individuals to the negotiating rulemaking committee for dual credit course limitations to represent affected parties and the agencies:

Public Universities

Susan Allen, Assistant Vice President, Academic Affairs, West Texas A&M University (Texas A&M University System)

Michael Adams, Interim Dean, Texas Southern University

Donald Topliff, Provost, Angelo State University (Texas Tech University System)

Peggy Semingson, Associate Professor, Literacy Studies, The University of Texas at Arlington (The University of Texas System)

Heidi Kennedy, Assistant Dean, Undergraduate Academic Affairs, University of Houston

Bob Mong, President, University of North Texas at Dallas (University North Texas System)

Public Community Colleges

Shasta Buchanan, Executive Director, College-High School Relations, Austin Community College

Bob Montez, Director, Early College Programs, Del Mar College

Terry Booker, Coordinator, Dual Credit, Kilgore College

Deana Savage, Special Advisor to the President, Midland College

Andrew Fisher, Provost, North Central Texas College

Pamela Campbell, Associate Vice Chancellor, Student Success Partnerships, San Jacinto College District

Hector Gonzales, President, Southwest Texas Junior College

William Coppola, President, Southeast Campus, Tarrant County College District

Lamar State Colleges

Gwen Whitehead, Vice President, Academic Affairs, Lamar State College-Orange (Texas State University System)

Texas Education Agency

Lily Laux, Executive Director, School Programs

Texas Higher Education Coordinating Board

Rex Peebles, Assistant Commissioner, Academic Quality and Workforce

Meetings will be open to the public. If there are persons who are significantly affected by these proposed rules and are not represented by the persons named above, those persons may apply to the agency for membership on the negotiated rulemaking committee or nominate another person to represent their interests. Application for membership must be made in writing and include the following information:

* Name and contact information of the person submitting the application;

* Description of how the persons are significantly affected by the rule and how their interests are different than those represented by the persons named above;

* Name and contact information of the person being nominated for membership; and

* Description of the qualifications of the nominee to represent the person's interests.

The THECB requests comments on the Notice of Intent to engage in negotiated rulemaking and on the membership of the negotiated rulemaking committee for dual credit course limitations. Comments and applications for membership on the committee must be submitted by September 18, 2017 to: Laurie A. Frederick, Convener, Negotiated Rulemaking, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, TX 78711, Fax: (512) 427-6127, Email: laurie.frederick@thecb.state.tx.us.

TRD-201703420

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: August 30, 2017


Notice of Intent to Engage in Negotiated Rulemaking - Open Educational Resources Grant Program

(Texas Public Universities, Community Colleges, Lamar State Colleges, and Texas State Technical Colleges)

Senate Bill 810, 85th Texas Legislature, Regular Session, relating in part to the use of open educational resources, amends Texas Education Code Chapter 61, Subchapter C, by adding §61.0668, Open Educational Resources Grant Program. The Texas Higher Education Coordinating Board ("THECB" or "Board") intends to engage in negotiated rulemaking to develop rules for the Open Educational Resources Grant Program allocation methodology for public universities, community colleges, Lamar State Colleges, and Texas State Technical Colleges and to develop procedures for THECB staff to verify the accuracy of the application of that allocation methodology. This is in accordance with the provisions of Texas Education Code §61.0331.

In identifying persons likely affected by the proposed rules, the Convener of Negotiated Rulemaking sent a memo via email to all chancellors and presidents at Texas public universities, community colleges, Lamar State Colleges, and Texas State Technical Colleges soliciting their interest and willingness to participate in the negotiated rulemaking process, or to nominate a representative from their campus.

From this effort, 21 individuals responded (out of approximately 149 affected entities) and expressed an interest to participate or nominated someone from their institution to participate on the negotiated rulemaking committee for Open Educational Resources Grant Program. The positions held by the volunteers and nominees include coordinators, team leaders, deans, directors, and professors. This indicates a probable willingness and authority of the affected interests to negotiate in good faith and a reasonable probability that a negotiated rulemaking process can result in a unanimous or, if the committee so chooses, a suitable general consensus on the proposed rule.

The following is a list of the stakeholders who are significantly affected by this rule and will be represented on the negotiated rulemaking committee for Open Educational Resources Grant Program:

1. Public Universities;

2. Public Community Colleges;

3. Lamar State Colleges;

4. Texas State Technical Colleges; and

5. Texas Higher Education Coordinating Board.

The THECB proposes to appoint the following 13 individuals to the negotiating rulemaking committee for Open Educational Resources Grant Program to represent affected parties and the agency:

Public Universities

Thomas Halling, Associate Professor, University Libraries, Texas AM University

Demetrios Kazakos, Ex-Dean, Professor of Mathematics, Texas Southern University

Justin Louder, Associate Vice Provost, World Wide eLearning, Texas Tech University

Kris Helge, Assistant Dean, Libraries, Texas Woman's University

Ashley Purgason, Assistant Vice President, Strategic Initiatives, The University of Texas at Arlington

Owen Ellard, Senior Director, Libraries, The University of Texas Health Science Center at San Antonio

Public Community Colleges

Phillip Anaya, Digital and Open Education Resource Coordinator, Alamo Colleges

Carrie Gits, HLC Librarian and Open Educational Resources Team Leader, Austin Community College

Julie Penley, Interim Vice President, Research and Accountability; Associate Vice President, Instruction and Student Services, El Paso Community College

Jotisa Klemm, Director, Library Services (Southeast Campus), Tarrant County College District

Karla Bryan, Director, Learning Resource Centers, Trinity Valley Community College

Texas State Technical Colleges

Kyle Smith, Associate Vice Chancellor for Dual Enrollment and Innovation, Texas State Technical College

Texas Higher Education Coordinating Board

Rex Peebles, Assistant Commissioner, Academic Quality and Workforce

Meetings will be open to the public. If there are persons who are significantly affected by these proposed rules and are not represented by the persons named above, those persons may apply to the agency for membership on the negotiated rulemaking committee or nominate another person to represent their interests. Application for membership must be made in writing and include the following information:

* Name and contact information of the person submitting the application;

* Description of how the persons are significantly affected by the rule and how their interests are different than those represented by the persons named above;

* Name and contact information of the person being nominated for membership; and

* Description of the qualifications of the nominee to represent the person's interests.

The THECB requests comments on the Notice of Intent to engage in negotiated rulemaking and on the membership of the negotiated rulemaking committee for Open Educational Resources Grant Program. Comments and applications for membership on the committee must be submitted by September 18, 2017 to: Laurie A. Frederick, Convener, Negotiated Rulemaking, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, TX 78711, Fax: (512) 427-6127, Email: laurie.frederick@thecb.state.tx.us.

TRD-201703421

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: August 30, 2017


Notice of Intent to Engage in Negotiated Rulemaking - Workforce Continuing Education

(Texas Public Community Colleges)

House Bill 2994, 85th Texas Legislature, Regular Session, relating to workforce continuing education offered by public community colleges, amends Texas Education Code Chapter 130 by adding Subchapter L, Workforce Continuing Education. The legislation requires the Texas Higher Education Coordinating Board ("THECB" or "Board") to adopt rules for the administration of this Subchapter. The THECB intends to engage in negotiated rulemaking to develop these rules.

In identifying persons likely affected by the proposed rules, the Convener of Negotiated Rulemaking sent a memo via email to all presidents at Texas public community colleges soliciting their interest and willingness to participate in the negotiated rulemaking process, or to nominate a representative from their campus.

From this effort, 21 individuals responded (out of approximately 83 affected entities) and expressed an interest to participate or nominated someone from their institution to participate on the negotiated rulemaking committee for workforce continuing education. The positions held by the volunteers and nominees include deans, directors, and associate vice presidents of continuing education. This indicates a probable willingness and authority of the affected interests to negotiate in good faith and a reasonable probability that a negotiated rulemaking process can result in a unanimous or, if the committee so chooses, a suitable general consensus on the proposed rule.

The following is a list of the stakeholders who are significantly affected by this rule and will be represented on the negotiated rulemaking committee for workforce continuing education:

1. Public Community Colleges; and

2. Texas Higher Education Coordinating Board.

The THECB proposes to appoint the following 20 individuals to the negotiating rulemaking committee for workforce continuing education to represent affected parties and the agency:

Public Community Colleges

Vernell Walker, Dean, Professional and Technical Education, Alamo Colleges District

James Simpson, Dean/Executive Director, Continuing Education, Alvin Community College

Hector Aguilar, Executive Dean, Continuing Education, Austin Community College

Anne Bartlett, Vice President, Industry and Community Resources, Brazosport College

Teresa Chavez, Director, Continuing Education, Central Texas College

Sherry Schumann, Sr. Vice President of Academic, Workforce, and Enrollment Services, Collin College District

Rose Galloway, Associate Vice President, Workforce and Continuing Education, Richland College, Dallas County Community College District

Leonard Rivera, Dean, Continuing Education and Off-Campus Programs, Del Mar College

Marta DeLa Fuente, Director, Continuing Education Health Programs, El Paso Community College

Djuna Forrester, Executive Director, Center for Workplace Learning, Grayson College

Lizza Trenkle, Vice President, Student Services, Hill College

Terry Kidd, Dean, Division of Extended Learning, Houston Community College System

Kerry Schindler, Senior Vice President, Instruction, Ranger College

Sarah Janes, Associate Vice Chancellor, Continuing & Professional Development, San Jacinto College District

Laura Sanchez, Associate Dean, Institutional Research and Effectiveness, South Texas College

Nancy Cure, Associate Vice Chancellor, Academic Affairs, Tarrant County College District

Aubrey Sharpe, Dean, Continuing Studies and Executive Administrator-West Campus, Tyler Junior College

Shari Gould, Director of Continuing Education, Allied Health, Victoria College

Tamara Sealy, Continuing Education Corporate Training Coordinator, Wharton County Junior College

Texas Higher Education Coordinating Board

Rex Peebles, Assistant Commissioner, Academic Quality and Workforce

Meetings will be open to the public. If there are persons who are significantly affected by these proposed rules and are not represented by the persons named above, those persons may apply to the agency for membership on the negotiated rulemaking committee or nominate another person to represent their interests. Application for membership must be made in writing and include the following information:

* Name and contact information of the person submitting the application;

* Description of how the persons are significantly affected by the rule and how their interests are different than those represented by the persons named above;

* Name and contact information of the person being nominated for membership; and

* Description of the qualifications of the nominee to represent the person's interests.

The THECB requests comments on the Notice of Intent to engage in negotiated rulemaking and on the membership of the negotiated rulemaking committee for workforce continuing education. Comments and applications for membership on the committee must be submitted by September 18, 2017 to: Laurie A. Frederick, Convener, Negotiated Rulemaking, Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, TX 78711, Fax: (512) 427-6127, Email: laurie.frederick@thecb.state.tx.us.

TRD-201703422

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: August 30, 2017


Texas Department of Insurance

Company Licensing

Application to do business in the state of Texas by INSURANCE COMPANY OF THE SOUTH, a foreign fire and/or casualty company. The home office is in Jacksonville, Florida.

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

TRD-201703413

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: August 30, 2017


Texas Lottery Commission

Scratch Ticket Game Number 1877 "Super Loteria"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1877 is "SUPER LOTERIA". The play style is "row/column/diagonal".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1877 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1877.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: THE MOCKINGBIRD SYMBOL, THE CACTUS SYMBOL, THE STRAWBERRY SYMBOL, THE ROADRUNNER SYMBOL, THE BAT SYMBOL, THE PIÑATA SYMBOL, THE COWBOY SYMBOL, THE NEWSPAPER SYMBOL, THE SUNSET SYMBOL, THE COWBOY HAT SYMBOL, THE COVERED WAGON SYMBOL, THE MARACAS SYMBOL, THE LONE STAR SYMBOL, THE CORN SYMBOL, THE HEN SYMBOL, THE SPEAR SYMBOL, THE GUITAR SYMBOL, THE FIRE SYMBOL, THE MORTAR PESTLE SYMBOL, THE WHEEL SYMBOL, THE PECAN TREE SYMBOL, THE JACKRABBIT SYMBOL, THE BOAR SYMBOL, THE ARMADILLO SYMBOL, THE LIZARD SYMBOL, THE CHILE PEPPER SYMBOL, THE HORSESHOE SYMBOL, THE HORSE SYMBOL, THE SHOES SYMBOL, THE BLUEBONNET SYMBOL, THE CHERRIES SYMBOL, THE OIL RIG SYMBOL, THE MOONRISE SYMBOL, THE RATTLESNAKE SYMBOL, THE WINDMILL SYMBOL, THE SPUR SYMBOL, THE SADDLE SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $200, $500, $5,000 and $100,000.

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

Figure 1: GAME NO. 1877 - 1.2D (.pdf)

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

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1877), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 1877-0000001-001.

H. Pack - A Pack of the "SUPER LOTERIA" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "SUPER LOTERIA" Scratch Ticket Game No. 1877.

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 "SUPER LOTERIA" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 52 (fifty-two) Play Symbols. The player scratches the CALLER'S CARD area to reveal 21 symbols. The player scratches ONLY the symbols on the PLAY BOARD that match the symbols revealed on the CALLER'S CARD. If the player reveals a complete row, column, or diagonal line, the player wins the prize for that line. BONUS GAMES: The player scratches ONLY the symbols in the BONUS GAMES that match the symbols revealed on the CALLER'S CARD. If a player reveals all 4 symbols in any one GAME, the player wins the PRIZE for that GAME. El jugador raspa la CARTA DEL GRITÓN para revelar 21 símbolos. El jugador raspa SOLAMENTE los símbolos en la TABLA DE JUEGO que son iguales a los símbolos revelados en las CARTA DEL GRITON. Si el jugador revela una línea completa, horizontal, vertical, o diagonal, el jugador gana el premio para esa línea. JUEGOS DE BONO: El jugador raspa SOLAMENTE los símbolos de los JUEGOS DE BONO que son iguales a los símbolos de la CARTA DEL GRITÓN. Si el jugador revela todos los 4 símbolos en cualquier JUEGO, el jugador gana el PREMIO para ese JUEGO. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 52 (fifty-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 52 (fifty-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 52 (fifty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 52 (fifty-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. GENERAL: A Ticket can win up to six (6) times in accordance with the approved prize structure.

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

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

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

E. PLAY BOARD: CALLER'S CARD Play Symbols will have a random distribution on the Ticket, unless restricted by other parameters, play action or prize structure.

F. PLAY BOARD: No matching Play Symbols are allowed on the PLAY BOARD play area.

G. BONUS GAMES: Every BONUS GAME Grid will match at least one (1) Play Symbol to the CALLER'S CARD play area.

2.3 Procedure for Claiming Prizes.

A. To claim a "SUPER LOTERIA" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "SUPER LOTERIA" Scratch Ticket Game prize of $5,000 or $100,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 40,080,000 Scratch Tickets in Scratch Ticket Game No. 1877. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1877 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1877 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. 1877, 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-201703414

Bob Biard

General Counsel

Texas Lottery Commission

Filed: August 30, 2017


Scratch Ticket Game Number 2003 "Veterans Cash"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2003 is "VETERANS CASH". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 2003 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2003.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, $$ SYMBOL, FLAG 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. 2003 - 1.2D (.pdf)

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

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2003), 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: 2003-0000001-001.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - A Texas Lottery "VETERANS CASH" Scratch Ticket Game No. 2003.

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 "VETERANS CASH" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 23 (twenty-three) Play Symbols. If the player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "FLAG" Play Symbol, the player wins the prize for that symbol instantly. If the player reveals a "$$" Play Symbol, the player wins DOUBLE the prize for that symbol. 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 23 (twenty-three) 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 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 23 (twenty-three) 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 23 (twenty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 23 (twenty-three) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. A Ticket can win up to ten (10) times in accordance with the approved prize structure.

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

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

D. Each Ticket will have three (3) different "WINNING NUMBERS" Play Symbols.

E. Non-winning "YOUR NUMBERS" Play Symbols will all be different.

F. Non-winning Prize Symbols will never appear more than two (2) times.

G. The "FLAG" (WIN) and "$$" (DBL) Play Symbols will never appear in the "WINNING NUMBERS" Play Symbol spots.

H. The "$$" (DBL) Play Symbol will only appear as dictated by the prize structure.

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

J. No prize amount in a non-winning spot will correspond with the "YOUR NUMBERS" Play Symbol (e.g., 5 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "VETERANS CASH" 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 "VETERANS CASH" 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 "VETERANS CASH" 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 "VETERANS CASH" 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 "VETERANS CASH" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 7,200,000 Scratch Tickets in the Scratch Ticket Game No. 2003. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2003 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2003 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket Game closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2003, 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-201703415

Bob Biard

General Counsel

Texas Lottery Commission

Filed: August 30, 2017


Scratch Ticket Game Number 2021 "$1,000,000 Big Money"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2021 is "$1,000,000 BIG MONEY". The play style is "multiple games".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2021 shall be $20.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2021.

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 Prize Symbols are: MUSHROOM SYMBOL, DRUM SYMBOL, NEST SYMBOL, TROPHY SYMBOL, MOON SYMBOL, $25 BURST SYMBOL, RAINBOW SYMBOL, ROSE SYMBOL, STAR SYMBOL, UMBRELLA SYMBOL, CROWN SYMBOL, $50 BURST SYMBOL, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 5X SYMBOL, 10X SYMBOL, CHERRY SYMBOL, GOLD BAR SYMBOL, BANANA SYMBOL, DICE SYMBOL, SPADE SYMBOL, PINEAPPLE SYMBOL, BELL SYMBOL, SUN SYMBOL, ANCHOR SYMBOL, APPLE SYMBOL, STACK OF BILLS SYMBOL, HORSESHOE SYMBOL, PEAR SYMBOL, LEMON SYMBOL, HEART SYMBOL, STRAWBERRY SYMBOL, SAFE SYMBOL, KEY SYMBOL, POT OF GOLD SYMBOL, 4 LEAF CLOVER SYMBOL, WISHBONE SYMBOL, LIGHTNING BOLT SYMBOL, DIAMOND SYMBOL, $$$ SYMBOL, JOKER SYMBOL, ACORN SYMBOL, BALL CAP SYMBOL, BALLOON SYMBOL, BIRD SYMBOL, BUTTERFLY SYMBOL, COWBOY BOOT SYMBOL, COWBOY HAT SYMBOL, COW HEAD SYMBOL, DAISY SYMBOL, DOLLAR BILL SYMBOL, FEATHER SYMBOL, FIRE & LOGS SYMBOL, FISH SYMBOL, FROG SYMBOL, ICE CREAM CONE SYMBOL, LADY BUG SYMBOL, PIGGY BANK SYMBOL, RING SYMBOL, SADDLE SYMBOL, TREE SYMBOL, WALLET SYMBOL, MONEY BAG SYMBOL, $20.00, $25.00, $50.00, $75.00, $100, $150, $200, $500, $1,000, $10,000 and $1,000,000.

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. 2021 - 1.2D (.pdf)

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

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2021), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 025 within each Pack. The format will be: 2021-0000001-001.

H. Pack - A Pack of the "$1,000,000 BIG MONEY" Scratch Ticket Game contains 025 fanfolded, perforated Tickets per Pack in one (1) Ticket per strip. The front of Ticket 001 will be shown on the front of the Pack; the back of Ticket 025 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 025 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 "$1,000,000 BIG MONEY" Scratch Ticket Game No. 2021.

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 "$1,000,000 BIG MONEY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 219 (two hundred nineteen) Play Symbols. FAST $25: If a player reveals a "$25 BURST" Play Symbol, the player wins $25! FAST $50: If a player reveals a "$50 BURST" Play Symbol, the player wins $50! GAME 1: If a player reveals 3 matching prize amounts in any one row, column or diagonal, the player wins that amount. GAME 2: The player must scratch the entire play area to reveal 6 prize amounts. If the player reveals 3 matching prize amounts, the player wins that amount. GAMES 3 and 6: If a player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the PRIZE for that number. If a player reveals a "5X" Play Symbol, the player wins 5 TIMES the PRIZE for that symbol. If a player reveals a "10X" Play Symbol, the player wins 10 TIMES the PRIZE for that symbol. GAMES 4 and 5: If a player reveals 3 matching Play Symbols in the same ROW, the player wins the PRIZE for that ROW. If the player reveals a "DIAMOND" Play Symbol, the player wins the PRIZE for that ROW. If a player reveals a "$$$" Play Symbol, the player wins TRIPLE the PRIZE for that ROW. GAME 7: If a player reveals 2 matching numbers within the same PLAY, the player wins the PRIZE for that PLAY. If a player reveals 3 matching numbers within the same PLAY, the player wins TRIPLE the PRIZE for that PLAY. If a player reveals a "MONEY BAG" Play Symbol, the player wins the PRIZE for that PLAY 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 219 (two hundred nineteen) 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 219 (two hundred nineteen) 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 219 (two hundred nineteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 219 (two hundred nineteen) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns of either Play Symbols or Prize Symbols.

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

C. GENERAL: A Ticket can win up to seventy-two (72) times.

D. GENERAL: On winning and Non-Winning Tickets, the top cash prizes of $10,000 and $1,000,000 will each appear at least once, except on Tickets winning seventy-two (72) times.

E. FAST $25: Tickets can only win once in this area.

F. FAST $25: The "$25 BURST" (WIN$25) Play Symbol will never appear on a Non-Winning Ticket.

G. FAST $50: Tickets can only win once in this area.

H. FAST $50: The "$50 BURST" (WIN$50) Play Symbol will never appear on a Non-Winning Ticket.

I. GAME 1: On Non-Winning Tickets, there will be no more than two (2) matching Prize Symbols.

J. GAME 1: Non-Winning and winning Tickets will not contain four (4) matching Prize Symbols in all four (4) corners.

K. GAME 1: Winning Tickets will only contain one (1) winning combination.

L. GAME 1: Winning Tickets will have three (3) matching Prize Symbols as the winning Prize Symbol in the same row, column or diagonal.

M. GAME 2: Winning Tickets will not contain more than three (3) matching Prize Symbols.

N. GAME 2: Winning Tickets will not contain two (2) sets of three (3) matching Prize Symbols.

O. GAME 2: Non-Winning Tickets will not contain more than two (2) matching Prize Symbols.

P. GAME 3: No matching non-winning YOUR NUMBERS Play Symbols will appear on a Ticket.

Q. GAME 3: Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.

R. GAME 3: Tickets winning more than one (1) time in this GAME will use as many WINNING NUMBERS Play Symbols as possible to create wins, unless restricted by other parameters, play action or prize structure.

S. GAME 3: Every WINNING NUMBERS Play Symbol in GAME 3 will be different, and GAME 3 will contain different WINNING NUMBERS Play Symbols than GAME 6.

T. GAME 3: YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., 20 and $20, 25 and $25, 50 and $50).

U. GAME 3: On all Tickets, a Prize Symbol will not appear more than four (4) times, except as required by the prize structure to create multiple wins.

V. GAME 3: On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

W. GAME 3: The "5X" (WINX5) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

X. GAME 3: The "5X" (WINX5) Play Symbol will never appear more than once on a Ticket.

Y. GAME 3: The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

Z. GAME 3: The "5X" (WINX5) Play Symbol will win 5 TIMES the PRIZE for that Play Symbol and will win as per the prize structure.

AA. GAME 3: The "10X" (WINX10) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

BB. GAME 3: The "10X" (WINX10) Play Symbol will never appear more than once on a Ticket.

CC. GAME 3: The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.

DD. GAME 3: The "10X" (WINX10) Play Symbol will win 10 TIMES the PRIZE for that Play Symbol and will win as per the prize structure.

EE. GAME 4: On all Tickets, non-winning Prize Symbols will all be different.

FF. GAME 4: The play area consists of twenty-four (24) Play Symbols and eight (8) Prize Symbols.

GG. GAME 4: There will never be three (3) matching Play Symbols in a vertical or diagonal line.

HH. GAME 4: No Play Symbol will appear more than three (3) times in this GAME.

II. GAME 4: Consecutive Non-Winning Tickets within a Pack will not have matching ROWS. For instance if the first Ticket contains a Lemon Play Symbol, Banana Play Symbol, and a Cherry Play Symbol in any ROW, then the next Ticket may not contain a Lemon Play Symbol, Banana Play Symbol, or a Cherry Play Symbol in any ROW in any order.

JJ. GAME 4: Non-Winning Tickets will not have matching ROWS. For example if ROW 1 is a Lemon Play Symbol, Banana Play Symbol, and a Cherry Play Symbol, then ROW 2 through ROW 8 will not contain a Lemon Play Symbol, Banana Play Symbol, and a Cherry Play Symbol in any order.

KK. GAME 4: Winning Tickets will contain three (3) matching Play Symbols in a horizontal ROW, two (2) matching Play Symbols and a "DIAMOND" (WIN) Play Symbol in a horizontal row or two (2) matching Play Symbols and a "$$$" (WINX3) Play Symbol in a horizontal row.

LL. GAME 4: The "DIAMOND" (WIN) Play Symbol will only appear on Tickets winning a PRIZE.

MM. GAME 4: The "$$$" (WINX3) Play Symbol will only appear on Tickets winning TRIPLE the PRIZE.

NN. GAME 4: The "DIAMOND" (WIN) Play Symbol with two (2) matching Play Symbols will win the PRIZE for that ROW.

OO. GAME 4: The "$$$" (WINX3) Play Symbol with two (2) matching Play Symbols will win TRIPLE the PRIZE for that ROW.

PP. GAME 4: The "$$$" (WINX3) Play Symbol and the "DIAMOND" (WIN) Play Symbol will never appear in the same ROW.

QQ. GAME 4: The "DIAMOND" (WIN) Play Symbol can only appear once in a ROW.

RR. GAME 4: The "$$$" (WINX3) Play Symbol can only appear once in a ROW.

SS. GAME 4: A "DIAMOND" (WIN) Play Symbol will never appear more than once in this GAME.

TT. GAME 4: A "$$$" (WINX3) Play Symbol will never appear more than once in this GAME.

UU. GAME 5: On all Tickets, non-winning Prize Symbols will all be different.

VV. GAME 5: The play area consists of twenty-four (24) Play Symbols and eight (8) Prize Symbols.

WW. GAME 5: There will never be three (3) matching Play Symbols in a vertical or diagonal line.

XX. GAME 5: No Play Symbol will appear more than three (3) times in this GAME.

YY. GAME 5: Consecutive Non-Winning Tickets within a Pack will not have matching ROWS. For instance if the first Ticket contains a Joker Play Symbol, Acorn Play Symbol, and a Ball Cap Play Symbol in any ROW, then the next Ticket may not contain a Joker Play Symbol, Acorn Play Symbol, or a Ball Cap Play Symbol in any ROW in any order.

ZZ. GAME 5: Non-Winning Tickets will not have matching ROWS. For example if ROW 1 is a Joker Play Symbol, Acorn Play Symbol, and a Ball Cap Play Symbol, then ROW 2 through ROW 8 will not contain a Joker Play Symbol, Acorn Play Symbol, and a Ball Cap Play Symbol in any order.

AAA. GAME 5: Winning Tickets will contain three (3) matching Play Symbols in a horizontal ROW, two (2) matching Play Symbols and a "DIAMOND" (WIN) Play Symbol in a horizontal ROW or two (2) matching Play Symbols and a "$$$" (WINX3) Play Symbol in a horizontal ROW.

BBB. GAME 5: The "DIAMOND" (WIN) Play Symbol will only appear on Tickets winning a PRIZE.

CCC. GAME 5: The "$$$" (WINX3) Play Symbol will only appear on Tickets winning TRIPLE the PRIZE.

DDD. GAME 5: The "DIAMOND" (WIN) Play Symbol with two (2) matching Play Symbols will win the PRIZE for that ROW.

EEE. GAME 5: The "$$$" (WINX3) Play Symbol with two (2) matching Play Symbols will win TRIPLE the PRIZE for that ROW.

FFF. GAME 5: The "$$$" (WINX3) Play Symbol and the "DIAMOND" (WIN) Play Symbol will never appear in the same ROW.

GGG. GAME 5: The "DIAMOND" (WIN) Play Symbol can only appear once in a ROW.

HHH. GAME 5: The "$$$" (WINX3) Play Symbol can only appear once in a ROW.

III. GAME 5: A "DIAMOND" (WIN) Play Symbol will never appear more than once in this GAME.

JJJ. GAME 5: A "$$$" (WINX3) Play Symbol will never appear more than once in this GAME.

KKK. GAME 6: No matching non-winning YOUR NUMBERS Play Symbols will appear on a Ticket.

LLL. GAME 6: Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.

MMM. GAME 6: Tickets winning more than one (1) time in this GAME will use as many WINNING NUMBERS Play Symbols as possible to create wins, unless restricted by other parameters, play action or prize structure.

NNN. GAME 6: Every WINNING NUMBERS Play Symbol in GAME 6 will be different, and GAME 6 will contain different WINNING NUMBERS Play Symbols than GAME 3.

OOO. GAME 6: YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., 20 and $20, 25 and $25, 50 and $50).

PPP. GAME 6: On all Tickets, a Prize Symbol will not appear more than four (4) times, except as required by the prize structure to create multiple wins.

QQQ. GAME 6: On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

RRR. GAME 6: The "5X" (WINX5) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

SSS. GAME 6: The "5X" (WINX5) Play Symbol will never appear more than once on a Ticket.

TTT. GAME 6: The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

UUU. GAME 6: The "5X" (WINX5) Play Symbol will win 5 TIMES the PRIZE for that Play Symbol and will win as per the prize structure.

VVV. GAME 6: The "10X" (WINX10) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

WWW. GAME 6: The "10X" (WINX10) Play Symbol will never appear more than once on a Ticket.

XXX. GAME 6: The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.

YYY. GAME 6: The "10X" (WINX10) Play Symbol will win 10 TIMES the PRIZE for that Play Symbol and will win as per the prize structure.

ZZZ. GAME 7: On winning Tickets, a non-winning Prize Symbol will not match a winning Prize Symbol.

AAAA. GAME 7: On all Tickets, a Prize Symbol will not appear more than three (3) times.

BBBB. GAME 7: The play area consists of thirty-six (36) Play Symbols and twelve (12) Prize Symbols.

CCCC. GAME 7: Non-winning Play Symbols within a PLAY will be different.

DDDD. GAME 7: Consecutive Non-Winning Tickets within a Pack will not have matching PLAYS. For instance if the first Ticket contains a 05 Play Symbol, 08 Play Symbol and a 12 Play Symbol in any PLAY, then the next Ticket may not contain a 05 Play Symbol, 08 Play Symbol and a 12 Play Symbol, in any PLAY in any order.

EEEE. GAME 7: Non-Winning Tickets will not have matching PLAYS. For example if PLAY 1 is the 05 Play Symbol, 08 Play Symbol and 12 Play Symbol, then PLAY 2 through PLAY 12 will not contain the 05 Play Symbol, 08 Play Symbol and a 12 Play Symbol in any order.

FFFF. GAME 7: The "MONEY BAG" (WIN) Play Symbol will not appear on Non-Winning Tickets.

GGGG. GAME 7: Winning Tickets will contain two (2) matching Play Symbols in the same PLAY, three (3) matching Play Symbols in the same PLAY and/or one (1) "MONEY BAG" (WIN) Play Symbol in the same PLAY.

HHHH. GAME 7: Two (2) matching Play Symbols in the same PLAY will win the PRIZE for that PLAY and will win as per the prize structure.

IIII. GAME 7: Three (3) matching Play Symbols in the same PLAY will win TRIPLE the PRIZE for that PLAY and will win as per the prize structure.

JJJJ. GAME 7: A "MONEY BAG" (WIN) Play Symbol will win the PRIZE for that PLAY and will win as per the prize structure.

KKKK. GAME 7: The "MONEY BAG" (WIN) Play Symbol can only appear once in a PLAY.

LLLL. GAME 7: When a Ticket wins with the "MONEY BAG" (WIN) Play Symbol, the other two (2) Play Symbols in the PLAY with the winning "MONEY BAG" (WIN) Play Symbol will be different.

MMMM. GAME 7: A "MONEY BAG" (WIN) Play Symbol will never appear more than once in this GAME.

2.3 Procedure for Claiming Prizes.

A. To claim a "$1,000,000 BIG MONEY" Scratch Ticket Game prize of $20.00, $25.00, $50.00, $75.00, $100, $150, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $50.00, $75.00, $100, $150, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$1,000,000 BIG MONEY" Scratch Ticket Game prize of $1,000, $10,000 or $1,000,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event 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 "$1,000,000 BIG MONEY" 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 "$1,000,000 BIG MONEY" 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 "$1,000,000 BIG MONEY" 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. 2021. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2021 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2021 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. 2021, 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-201703404

Bob Biard

General Counsel

Texas Lottery Commission

Filed: August 29, 2017


Public Utility Commission of Texas

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

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

Docket Style and Number: Application of City of Cibolo and Green Valley Special Utility District for Approval of a Service Area Contract Under Texas Water Code §13.248 and to Amend Certificates of Convenience and Necessity in Guadalupe County, Docket Number 47543.

The Application: Cibolo holds water CCN No. 11903 and Green Valley SUD holds water CCN No. 10646. Cibolo and Green Valley SUD have agreed to alter the boundaries of their respective CCNs and transfer the Babcock Property and RLDL Property from within the boundary of Green Valley's CCN to Cibolo's CCN boundary.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47543.

TRD-201703424

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 30, 2017


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

On August 21, 2017, Airbus DS Communications, Inc. and Motorola Solutions, Inc. filed a joint application with the Public Utility Commission of Texas to amend service provider certificate of operating authority No. 60962, to reflect a change in ownership and control.

Docket Style and Number: Application of Airbus DS Communications, Inc. and Motorola Solutions, Inc. for an Amendment to Service Provider Certificate of Operating Authority, Docket Number 47528.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than September 15, 2017. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47528.

TRD-201703326

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 24, 2017


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

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) to amend a water certificate of convenience and necessity (CCN) in Hays County.

Docket Style and Number: Remand of TCEQ Application No. 37683-C (Petition from Texas General Land Office for Expedited Release from Certificate of Convenience and Necessity (CCN) No. 10293 held by Maxwell Water Supply Corporation in Hays County, Texas), Docket Number 47523.

The Application: Maxwell Water Supply Corporation filed a petition for approval of a contract to recertify service area back to Maxwell WSC in accordance with a settlement agreement reached by the parties in an Agreed Order issued by the 201st District Court of Travis County, Texas, returning Texas Commission on Environment Quality (TCEQ) Application No. 37683-C, to the Public Utility Commission of Texas for remand proceedings consistent with the Court's Order. The total area being requested includes approximately 100 acres and zero customers.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47523.

TRD-201703389

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 29, 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 (commission) of an application on August 22, 2017 to relinquish a service provider certificate of operating authority.

Style and Docket Number: Application of Tri Telecom LLC to Relinquish a Service Provider Certificate of Operating Authority, Docket Number 47534.

Application: Tri Telecom LLC seeks to relinquish service provider certificate of operating authority number 60747.

Persons wishing to comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than September 16, 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 47534.

TRD-201703329

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 24, 2017


Public Notice of Workshop

Staff of the Public Utility Commission of Texas will conduct a workshop on Thursday, October 12, 2017, regarding Project No. 47343, Rulemaking to Amend Chapter 25 Substantive Rules Relating to the Elimination of the System Benefit Fund. The workshop will begin at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas. A workshop agenda will be posted by October 5, 2017, under Project No. 47343.

Questions concerning the workshop or this notice should be referred to Kristin Abbott, Competitive Markets Division, at (512) 936-7459 or at kristin.abbott@puc.texas.gov. This proceeding will be livestreamed and archived by AdminMonitor at http://www.texasadmin.com/tx/puct/. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 711.

TRD-201703399

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 29, 2017


Office of the Secretary of State

Public Hearing

The Office of the Secretary of State ("SOS") will hold a public hearing in response to stakeholder requests, to accept public comments on the proposed amendments to 1 TAC §81.62, concerning the requirement for a continuous feed printer dedicated to a real-time audit log to be included with a central accumulator.

The public hearing will be conducted from 9:00 a.m. to 11:00 a.m. on September 18, 2016, at the State Office of Administrative Hearings, Room 103, 300 West 15th Street, Austin, Texas 78701-1649. The public hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Comment time for each individual will be determined by the total number of persons registered to speak in the time allotted. If time permits, comments will be limited to 2 minutes per speaker but may be further limited by SOS if more registrants need to be accommodated.

SOS is not extending the public comment period for these proposed amendments, which were published in the July 28, 2017, issue of the Texas Register (42 TexReg 3716), however, SOS will regard the comments received at the public hearing as part of the formal public comments received for the proposed amendments.

For additional information, contact Lindsey Aston, P.O. Box 12697, Austin, Texas 78711-2697, (512) 463-5770, or generalcounsel@sos.texas.gov. Persons with disabilities who plan to attend this meeting and require auxiliary aids or services are asked to contact Ms. Aston at (512) 463-5770, 72 hours prior to the meeting so that appropriate arrangements may be made.

TRD-201703432

Lindsey Aston

General Counsel

Office of the Secretary of State

Filed: August 30, 2017


Texas Department of Transportation

Public Hearing Notice - Statewide Transportation Improvement Program

The Texas Department of Transportation (department) will hold a public hearing on Tuesday, September 26, 2017 at 10:00 a.m. at 118 East Riverside Drive, First Floor, Room 1B.1.A in Austin, Texas to receive public comments on the August 2017 Quarterly Revisions to the Statewide Transportation Improvement Program (STIP) for FY 2017-2020.

The STIP reflects the federally funded transportation projects in the FY 2017-2020 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP includes both state and federally funded projects for the nonattainment areas of Dallas-Fort Worth, El Paso, and Houston. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.

Title 23, United States Code, §134 and §135 require each designated MPO and the state, respectively, to develop a TIP and STIP as a condition to securing federal funds for transportation projects under Title 23 or the Federal Transit Act (49 USC §5301, et seq.). Section 134 requires an MPO to develop its TIP in cooperation with the state and affected public transit operators and to provide an opportunity for interested parties to participate in the development of the program. Section 135 requires the state to develop a STIP for all areas of the state in cooperation with the designated MPOs and, with respect to non-metropolitan areas, in consultation with affected local officials, and further requires an opportunity for participation by interested parties as well as approval by the Governor or the Governor's designee.

A copy of the proposed August 2017 Quarterly Revisions to the FY 2017-2020 STIP will be available for review, at the time the notice of hearing is published, at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, or (512) 486-5033, and on the department's website at: http://www.txdot.gov/government/programs/stips.html.

Persons wishing to speak at the hearing may register in advance by notifying Lori Morel, Transportation Planning and Programming Division, at (512) 486-5033 not later than Monday, September 25, 2017, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Transportation Planning and Programming Division, at 118 East Riverside Drive Austin, Texas 78704-1205, (512) 486-5053. Requests should be made no later than Monday, September 25, 2017. Every reasonable effort will be made to accommodate the needs.

Interested parties who are unable to attend the hearing may submit comments regarding the proposed August 2017 Quarterly Revisions to the FY 2017-2020 STIP to Peter Smith, P.E., Director of Transportation Planning and Programming, P.O. Box 149217, Austin, Texas 78714-9217. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by 4:00 p.m. on Monday, October 9, 2017.

TRD-201703303

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: August 24, 2017


Workforce Solutions Brazos Valley Board

Public Notice - Invitation to Apply to be on Vendors List

The Workforce Solutions Brazos Valley Board (WSBVB) routinely issues requests for information (RFIs), requests for proposals (RFPs), and request for quotes (RFQs) to secure contractors to provide operational, administrative, child care, adult education, and workforce development services for the Brazos Valley region.

The WSBVB maintains a Vendors List of all potential vendors who have contacted the WSBVB and requested to be included on the list. The WSBVB is committed to improving the workforce development system in the seven county region (Brazos, Burleson, Grimes, Leon, Madison, Robertson, and Washington counties) by increasing the availability and quality of workforce programs and services.

If you are on the Vendors List, you will be contacted once a year to ensure your contact information is accurate. If you do not respond to the yearly contact, you will be dropped from the Vendors List.

If you wish to be included on the Vendors List, complete the Vendor Application on www.bvjobs.org and return it to Vicki Wilkins by mail at P.O. Drawer 4128, Bryan, Texas 77805 or by email at Vicki.Wilkins@bvcog.org. The following vendor categories are included on the questionnaire:

• Direct Delivery of Services

• Training

• Quality Control Monitors

• Marketing / Outreach Services

• Supportive Services

• Vendor Services

Additional questions should be directed to Vicki Wilkins at (979) 595-2801, extension 2011.

*To bid on a RFP/RFQ you are not required to be on the Vendors List. The list serves as a way to provide vendors a personal alert to new and upcoming RFP/RFQ releases.

TRD-201703405

Patricia Buck

Program Manager

Workforce Solutions Brazos Valley Board

Filed: August 29, 2017