IN ADDITION

Texas Alcoholic Beverage Commission

DRAFT Marketing Practices Advisory 002 Consumer Tasting Events at Retail Locations

Join TABC staff on April 8 at 10:00 a.m. by videoconference to discuss this amended advisory. The advisory has been reorganized and updated for numerous changes in laws and rules in last decade. For more details on the stakeholder meeting, please visit TABC's webpage at https://www.tabc.texas.gov/about-us/agency-meetings/. It is TABC's intent to receive comments for up to two weeks following the stakeholder meeting. Comments should be emailed to advisories@tabc.texas.gov.

DRAFT MARKETING PRACTICES ADVISORY - MPA002

Consumer Tasting Events at Retail Locations

To: Members of the Manufacturing, Distribution, and Retail Tiers

Scope of the Advisory

This advisory provides guidance on how manufacturing, distribution, and retail permittees may conduct consumer tastings on a retailer premises.

General Rule

TABC Code sections: §14.07; §16.01(c); §22.18; §24.12; §26.08; §37.01(b), (c), (d); §50.001; §62.01(a)(4), (b); §63.04; §71.11; §74.01; §102.07; §102.15; and §109.541.

Statement From TABC

The following material should clarify how and by whom alcoholic beverage tasting or sampling events may be conducted. Please note that the terms tastings and samplings are used interchangeably in the Texas Alcoholic Beverage Code (Code). There appears to be no legal distinction in the use of the two terms.

Tastings may be conducted by upper tier members of distilled spirits, wine, and malt beverages on the premises of a Mixed Beverage Permit, Private Club Registration Permit, Private Club Exemption Certificate, and a Package Store Permit; wine and malt beverages on the premise of a Private Club Malt Beverage and Wine Permit, Wine and Malt Beverage Retailer's Permit, Wine and Malt Beverage Retailer's Off-Premise Permit, and Wine-Only Package Store Permit; or malt beverages only on the premise of a Retail Dealer's On-Premise License and Retail Dealer's Off-Premise License.

Note: The tasting can only be conducted at a private club if membership has been procured by the representative/employee of the brand(s) being sampled.

Texas Distillers and Rectifiers

Distiller's and Rectifier's Permit holders may participate in and conduct tastings of distilled spirits on the premises of a package store. Pursuant to Rule 45.117(b)(3), the holder of a Distiller's and Rectifier's Permit may, as a gift to consumers, provide samples of distilled spirits by purchasing mixed drinks from a retailer on behalf of the consumer. This is commonly referred to as a bar-spend. The purchased beverages must be consumed on the retailer's premises and in the presence of the distiller or distiller's representative.

-- The permit holder, its agent, or employee may open, touch, or pour the distilled spirits, make product presentations, and answer questions at the tasting.

-- All distilled spirits used in the tasting must be purchased from the package store permittee on whose premises the tasting is held and should be purchased at fair market value.

-- They may not pay a package store a fee to participate in or conduct a tasting.

-- They may preannounce and advertise a distilled spirits tasting but may not provide any money or other thing of value to the package store in exchange for advertising, participating in, or conducting a tasting.

-- They may not charge the consumer a fee to participate in the tasting if the tasting is held at an off-premise retailer.

-- They should not purchase more distilled spirits than necessary to participate in or conduct a tasting. Any unused portions of distilled spirits cannot be given to the retailer and must be discarded or removed from the premises immediately following the tasting.

-- Wholesaler representatives may be present during the tasting at package stores; however, they may not participate in the purchasing/underwriting, opening, or pouring of product. They may answer questions during the event. In contrast, wholesaler representatives may purchase spirits or mixed drinks by the glass for consumers during bar-spending events that take place at mixed beverage or private club permitted locations per Rule 45.117.

-- The package store permittee, its agents, and its employees may participate in the tasting and dispensing of distilled spirits (e.g., assist in pouring or opening the alcoholic beverages), but may not represent themselves as an agent or employee of the distiller.

Texas Wineries

Winery Permit holders may conduct a wine tasting on the premises of any retailer authorized to sell or serve wine to the ultimate consumer.

-- Winery employees may open, touch, or pour wine, make a product presentation, and answer questions at the wine tasting.

-- Wine used in the tasting may be provided out of the winery's inventory, be lawfully transported to the retailer's premises, and be accompanied by an invoice depicting the product's removal from the winery's inventory. If the retailer holds a Mixed Beverage or Private Club Permit, the winery must purchase wine from the retailer.

-- They may also purchase wine at retail cost from the retail permittee on whose premises the tasting is held.

-- They may not pay the retailer a fee to conduct a wine tasting.

-- They may preannounce and advertise a wine tasting but may not provide any money or other thing of value to the retailer in exchange for advertising or conducting the wine tasting.

-- Wholesaler representatives may be present during tasting events at off-premise retailer locations but may not participate in the purchasing/underwriting, opening, or pouring of product. They may answer questions during the event. In contrast, wholesaler representatives may purchase wine by the glass for consumers during bar-spending events that take place at on-premise wine and malt beverage, mixed beverage, and private club permitted locations per Rule 45.117.

-- The retailer or its employees may assist in pouring or opening the wine but may not represent themselves as an agent or employee of the winery.

-- Any unused portions of wine purchased cannot be given to the retailer and must be discarded or removed from the premises immediately following the wine tasting.

Nonresident Sellers

In accordance with §37.01(b), (c), and (d) of the Code, the holders of a Nonresident Seller's Permit may conduct a wine or distilled spirits tasting on the premises of any on- or off-premise retailer authorized to sell or serve wine or distilled spirits to the ultimate consumer. The following guidelines should be followed:

-- They may open, touch, or pour the wine or distilled spirits. They may also make product presentations and answer questions at the tasting.

-- They must purchase the wine or distilled spirits used for the tasting at fair market value from the retailer on whose premises the tasting is held and may not provide wine or distilled spirits for the tasting that is not purchased from the retailer. Wine or distilled spirits provided at the tasting event may not be purchased or otherwise obtained from a wholesaler.

-- They may not pay the retailer a fee to host a tasting.

-- They may announce a wine or distilled spirits tasting to the consumer. They may not provide any money or other thing of value to a retailer for consideration to advertise the tasting.

-- They may not charge the consumer a fee to participate in the tasting if the tasting is held at an off-premise retailer.

-- Any unused portions of alcoholic beverages purchased cannot be given to the retailer and must be discarded or removed from the premises immediately following the tasting.

-- Wholesaler representatives may be present during the tasting at permitted off-premise wine and malt beverage locations, wine-only package stores, and package stores; however, they may not participate in the purchasing/underwriting, opening, or pouring of product. They may answer questions during the event. In contrast, wholesaler representatives may purchase wine, spirits, and mixed drinks by the glass for consumers during bar-spending events that take place at mixed beverage or private club permitted locations per Rule 45.117.

-- The retailer or its employees may assist in pouring or opening the wine or distilled spirits but may not represent themselves as an agent or employee of the nonresident seller.

Brewers

The holders of a Brewer's License and Nonresident Brewer's License may conduct a tasting of malt beverages on the premises of any on- or off-premise retailer authorized to sell or serve malt beverages to the ultimate consumer. The following guidelines should be followed:

-- They may open, touch, or pour the alcoholic beverages. They may also make product presentations and answer questions at the tasting.

-- They must purchase the malt beverages used for the tasting at fair market value from the retailer on whose premises the tasting is held and may not provide malt beverages for the tasting that are not purchased from the retailer. Malt beverages provided at the tasting event may not be purchased or otherwise obtained from a distributor.

-- They may not pay the retailer a fee to host a tasting.

-- They may announce a malt beverage tasting to the consumer. They may not provide any money or other thing of value to a retailer for consideration to advertise the tasting.

-- They may not charge the consumer a fee to participate in the tasting if the tasting is held at an off-premise retailer.

-- Any unused portions of malt beverages purchased cannot be given to the retailer and must be discarded or removed from the premises immediately following the tasting.

-- Distributor representatives may be present during the tasting at off-premise malt beverage retailers, off-premise wine and malt beverage retailers, and package stores; however, they may not participate in the purchasing/underwriting, opening, or pouring of product. They may answer questions during the event. In contrast, distributor representatives may purchase malt beverages by the glass for consumers during bar-spending events that take place at licensed on-premise malt beverage retailer, on-premise wine and malt beverage retailer, mixed beverage, and private club locations per Rule 45.117.

-- The retailer or its employees may assist in pouring or opening the malt beverages but may not represent themselves as an agent or employee of the in-state or out-of-state brewers.

Promotional Permits

A Promotional Permit acting on behalf of a Distiller and Rectifier, Winery, Nonresident Seller, Brewer, or Nonresident Brewer may conduct alcoholic beverage tastings on the premises of any on- or off-premise retailer authorized to sell or serve the alcoholic beverage to the ultimate consumer. Wholesalers and distributors may not contract with or pay for the services of a Promotional Permit holder. The following guidelines should be followed:

-- Employees of the promotional permit holder should have an identification card issued by the Promotional Permit holder.

-- They may open, touch, or pour the alcoholic beverages. They may also make product presentations and answer questions at the tasting.

-- They must purchase the alcoholic beverages used for the tasting at fair market value from the retailer on whose premises the tasting is held. Alcoholic beverages provided at the tasting event may not be purchased or otherwise obtained from a wholesaler or distributor.

-- They may not pay the retailer a fee to host a tasting.

-- They may preannounce and advertise alcoholic beverage tasting to the consumer, but they may not provide any money or other thing of value to a retailer in exchange for advertising, participating in, or conducting a tasting to the consumer. They may not provide any money or other thing of value to a retailer for consideration to advertise the tasting.

-- They may not charge the consumer a fee to participate in the tasting if the tasting is held at an off-premise retailer.

-- Any unused portions of alcoholic beverages purchased cannot be given to the retailer and must be discarded or removed from the premises immediately following the tasting.

-- Wholesaler or distributor representatives may be present during the tasting; however, they may not participate in the purchasing/underwriting, opening, or pouring of products used during a tasting event. They may answer questions during the event.

-- The retailer or its employees may assist in pouring or opening the alcoholic beverages but may not represent themselves as an agent or employee of the promotional permit holder.

Brewpubs

The holders of a Brewpub License may conduct consumer tastings on their premises in accordance with the Retailers section of this advisory. In addition, brewpubs may conduct tastings at other retail locations where their products are sold. The following guidelines should be followed:

-- The brewpub or their employees may open, touch, or pour the alcoholic beverages. They may also make product presentations and answer questions at the tasting.

-- They must purchase the malt beverages used for the tasting at fair market value from the retailer on whose premises the tasting is held. Malt beverages provided at the tasting event may not come directly from the brewpub's inventory.

-- They may not pay the retailer a fee to host a tasting.

-- They may preannounce and advertise a malt beverage tasting but may not provide any money or other thing of value to the retailer in exchange for advertising, participating in, or conducting a tasting to the consumer. They may not provide any money or other thing of value to a retailer for consideration to advertise the tasting.

-- They may not charge the consumer a fee to participate in the tasting if the tasting is held at an off-premise retailer.

-- Any unused portions of malt beverages purchased cannot be given to the retailer and must be discarded or removed from the premises immediately following the tasting.

-- Distributor representatives may be present during the tasting at off-premise malt beverage retailers, off-premise wine and malt beverage retailers, and package stores; however, they may not participate in the purchasing/underwriting, opening, or pouring of product. They may answer questions during the event. In contrast, distributor representatives may purchase malt beverages by the glass for consumers during bar-spending events that take place at licensed on-premise malt beverage retailer, on-premise wine and malt beverage retailer, mixed beverage, and private club locations per Rule 45.113.

-- The retailer or its employees may assist in pouring or opening the malt beverages but may not represent themselves as an agent or employee of the brewpub.

Retailers

Retail permittees may conduct tastings using products from their own inventory without assistance from upper tier members. Package stores and wine-only package stores have additional statutory restrictions as noted in the Package Stores section of this advisory. Brewpubs may conduct tastings at their own location in accordance with the guidelines in this section; however, brewpubs conducting tastings on another retailer's premises must follow the guidelines set forth in the Brewpubs section of this advisory. (Note: The holder of a Private Club Permit, Private Club Malt Beverage and Wine Permit, or Private Club Exemption Certificate must ensure that each consumer participating in the tasting holds a private club membership card or temporary membership card issued by the private club.) The following guidelines should be followed:

-- The retailer or its employees may open, touch, or pour the kinds of alcoholic beverages it is authorized to sell on its premises. The employees may make product presentations and answer questions at the tasting.

-- If the retailer is not authorized to sell for on-premise consumption, the retailer may not collect a fee of any sort from a consumer participating in the tasting.

-- The retailer may only conduct tastings of the kinds of alcoholic beverages it is authorized to sell to the ultimate consumer. (For example, if a retailer only holds a Wine and Malt Beverage Retailer's Off-Premise Permit, which allows the sale of 14% wine only, the retailer may not conduct tastings of wine in excess of 14%.)

-- Product used for the tasting must be product purchased through the legal channels of distribution by the retailer on whose premises the tasting will occur and must be invoiced to that retailer.

-- The retailer may not receive any money or other thing of value from a member of the alcoholic beverage industry or its affiliates as consideration for hosting a tasting.

-- The retailer may advertise the tasting at its discretion. However, the retailer must directly bear all cost associated with advertising the tasting.

-- If the tasting is held on the premises of an off-premise retailer, any unused portions of authorized alcoholic beverages for the tasting must be discarded or removed from the premises immediately following the tasting.

Package Stores

In accordance with §22.18 and §24.12 of the Code, holders of a Package Store Permit and Wine-Only Package Store Permit may conduct tastings of products they are authorized to sell to the ultimate consumer on the permitted premises. The following guidelines should be followed.

-- They must specifically adhere to all regulations as outlined in §22.18 and §24.12.

-- They may not receive money or other thing of value from upper tier members or their affiliates as consideration for hosting a tasting.

-- Wholesaler or distributor representatives may be present during the tasting; however, they may not participate in the opening or pouring of product. They may answer questions during the event.

-- Any unused portions of alcoholic beverages purchased by upper tier members cannot be given to the retailer and must be discarded or removed from the premises immediately following the tasting.

"Go Texan" Partner Program

The holder of a Distiller's and Rectifier's Permit, Winery Permit, or Brewer's License may conduct product tastings under §109.541 of the Code. Those tastings must be conducted as part of and under the direction of the "Go Texan" Partner Program under Chapter 46, Agriculture Code at the State Fair of Texas.

Statement From TABC

This Advisory is issued pursuant to §5.57 of the Code. It represents the opinion of the staff of the Commission. We hope this opinion will assist you in your endeavors. If you would like additional information or have questions regarding this Advisory, you may contact me in writing at P.O. Box 13127, Austin, Texas 78711; by email to advisories@tabc.texas.gov; or by phone at (512) 206-3411.

TRD-202200997

Mariann H. Morelock

Director of Strategic Initiative and Performance Improvement

Texas Alcoholic Beverage Commission

Filed: March 23, 2022


Draft Marketing Practice Advisory 061 Retailer Alcohol Delivery and Sales for Off Premises Consumption

Join TABC staff on April 8 at 10:00 a.m. by videoconference to discuss this amended advisory. The advisory has been amended to incorporate privileges authorized in HB1024 and SB911 (87th Legislature, Regular Session), Rules 33.5 and 41.16, and license/permit type name changes from Sunset effective September 1, 2021. For more details on the stakeholder meeting, please visit TABC's webpage at https://www.tabc.texas.gov/about-us/agency-meetings/. It is TABC's intent to receive comments for up to two weeks following the stakeholder meeting. Comments should be emailed to advisories@tabc.texas.gov.

DRAFT MARKETING PRACTICES ADVISORY - MPA 61

Retailer Alcohol Delivery and Sales for Off-Premises Consumption

To: Alcoholic Beverage Industry

In 2019, the 86th Texas Legislature authorized certain retailers to deliver alcohol directly to consumers and established a new alcohol delivery permit. In 2021, the 87th Legislature expanded those privileges by codifying the Governor's temporary COVID-19 authorizations relating to selling alcoholic beverages for to-go purposes, setting standards for sealing containers used in alcohol delivery or sold to-go, and creating an additional avenue to obtain a Food and Beverage Certificate. This advisory provides guidance for retailers authorized to sell alcohol for on-premises consumption who conduct deliveries or engage in to-go sales.

ELIGIBILITY TO CONDUCT DELIVERIES AND/OR TO-GO SALES

MB/FB Permit (Chapter 28) & N/NB/NE/FB (Chapter 32)

Mixed Beverage and Private Club Permit holders who also hold a Food and Beverage Certificate may, with food, deliver or sell alcoholic beverages for consumption off the premises (i.e., to-go).

CD Permit (Chapter 57 Delivery Only)

A Consumer Delivery (CD) Permit may be issued to:

-- a business or person who contracts with or employs individuals for the delivery of retail goods to consumers, unless they are the holder of a license/permit in the manufacturing or wholesale tier; or

-- the holder of a Package Store Permit; Wine Only Package Store Permit; Wine and Malt Beverage Retailer's Permit; Wine and Malt Beverage Retailer's Off-Premise Permit; Retail Dealer's On-Premise License; Retail Dealer's Off-Premise License; Mixed Beverage Permit (if authorized under Code §28.1001); or Private Club Registration Permit (if authorized under Code §32.155).

AUTHORITY TO CONDUCT DELIVERIES AND/OR TO-GO SALES

MB/FB Permit (Chapter 28) & N/NB/NE/FB (Chapter 32)

These businesses may sell alcoholic beverages to-go or deliver alcohol to consumers themselves (through employees or agents) or use a third party (including an independent contractor of a CD permittee) to make deliveries on their behalf. Any person delivering alcohol under this authority must be at least 21 years old.

CD Permit (Chapter 57 Delivery Only)

The CD permittee may make deliveries of alcoholic beverages only in response to bona fide orders placed by the consumer. The holder may employ or contract with a driver to deliver alcoholic beverages from an authorized retailer's premises to an ultimate consumer located in an area that is legal/wet for the type of beverage being delivered. The beverage being delivered must be sold to the consumer by specifically authorized retailers that hold one of the above listed licenses or permits.

Any person delivering alcohol under this authority must be at least 21 years old and hold a valid driver's license.

QUALIFYING FOR A FOOD AND BEVERAGE CERTIFICATE

To qualify for a Food and Beverage Certificate, the business must either: (a) maintain alcohol sales that are 60% or less of the business's total sales; or (b) meet the definition of a restaurant under §1.04(29) of the Alcoholic Beverage Code.

Under both options, the location must also have permanent food service facilities for the preparation and service of multiple entrées for consumption at the location. If qualifying for the certificate as a restaurant, the applicant business must also operate its own permanent food service facility with commercial cooking equipment on its premises.

-- A "food service facility" is a designated permanent portion of the licensed location where food is stored and prepared for consumption at the location.

-- An "entrée" is a course of a meal that may include an appetizer, small plate, main dish, dessert, or other similar food item.

In addition to these general requirements, license and permit holders must also comply with the provisions in Rule §33.5, which outlines the operational requirements for the certificate.

REQUIREMENTS FOR COMPLETING A DELIVERY

The same standards for selling/serving alcohol to consumers on a retailer's premises apply to delivering alcohol to consumers located off the retailer's premises. It is illegal to deliver an alcoholic beverage to a minor or an intoxicated person. Additionally, both of these delivery authorities require the recipient of the alcohol to actually present the driver with valid proof of their identity and age before the alcohol is handed over to the recipient.

MB/FB Permit (Chapter 28) & N/NB/NE/FB (Chapter 32)

Deliveries may be made to any person of legal age. The recipient must present valid proof of their identity that confirms they are at least 21 years old. The delivery person must either acknowledge completion of the delivery on a software application or have the recipient sign a receipt (can be electronic) acknowledging delivery.

CD Permit (Chapter 57 Deliveries)

Alcohol may only be delivered to a person that is at least 21 years old who purchased the beverage from the retailer, was designated in advance by the purchaser as the recipient of the beverage or is located at the delivery address. The recipient must present valid proof of identity and age.

LIMITS ON THE TIME OF A DELIVERY

MB/FB Permit (Chapter 28) & N/NB/NE/FB (Chapter 32)

There is no authority under Code §28.1001 to deliver the beverage to the consumer outside of the permittee's hours of legal sale.

CD Permit (Chapter 57 Deliveries)

The beverage may be delivered to the recipient outside the retailer's hours of operation only if the delivery driver receives the beverage from the retailer during the legal hours of sale and completes delivery to the consumer within a reasonable amount of time after leaving the retailer's premises.

LIMITS ON WHERE ALCOHOL MAY BE DELIVERED

Deliveries may only be made to an address that is legal/wet for the type of alcohol being delivered and that is located within the same county, city, or town as the retailer's premises. If the retailer's premises is located within a city or town, the lawful delivery area extends to addresses that are not further than two miles beyond the city's or town's municipal boundary.

Note: The law does not allow for alcohol "to-go" transactions from permittees. Deliveries must be made to another physical address that is not licensed/permitted by TABC (may be the recipient's private residence or place of business, or that of another). Thus, alcohol may NOT be delivered to a customer waiting in an area in close proximity to the retailer that is directly or indirectly controlled by the retailer (like a parking lot or boat dock).

LIMITS ON BEVERAGE TYPE, SIZE, PACKAGING,ETC.

MB/FB Permit (Chapter 28) & N/NB/NE/FB (Chapter 32)

Qualifying businesses may deliver or sell to-go any number of malt beverages, wines and/or distilled spirits to their customers only when:

-- accompanied by an order of food that was prepared on the permittee's premises;

Note: There is no required food-to-alcohol ratio.

-- the delivery is not made to another premises licensed by TABC;

-- the alcohol is delivered or sold to-go either:

-- in the original container that was sealed by the manufacturer of the beverage; or

Note: Distilled spirits are limited to single-serving containers not larger than 375 mL.

-- in a tamper-proof container that is sealed by the permit holder and is clearly labeled with the permit holder's business name and the words "Alcoholic Beverage."

Note: Distilled spirits must be mixed with other beverages or garnishes and placed in the tamper-proof container.

Note: The case containing the 375 mL bottles may be stamped with one ID stamp by the package store selling them to the permittee. (The bottles do not have to be individually stamped.) permittees should keep invoices with the ID stamp for the case listed on the invoice. There are no delivery restrictions pertaining to the size of a container for malt beverages or wine.

Tamper-proof container means a container that, once sealed, clearly shows whether it has been opened and includes a closed cup or similar container that is either:

1. placed into a bag that has been sealed with a zip tie or staple;

2. sealed with shrink wrap or a similar seal;

3. sealed with a tamper-evident adhesive tape or seal having one or more indicators or barriers to entry which, if breached or missing, can reasonably be expected to provide visible evidence that tampering has occurred; or

4. sealed mechanically on-premises with a can seamer.

Unless used in combination with a method described in Nos. 1 - 4 above, the following are examples of sealing methods that are not sufficient to meet the standard for a tamper-proof container:

1. freezing the beverage, putting a lid on it, and leaving the straw out of the lid's straw hole; and

2. sealing with a sticker or adhesive tape that is not tamper-evident.

Beverages in a tamper-proof container may not be transported in the passenger area of a motor vehicle. The "passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:

-- a glove compartment or similar storage container that is locked;

-- the trunk of a vehicle; or

-- the area behind the last upright seat of the vehicle if the vehicle does not have a trunk.

Note: There is no limit on the number of containers that may be delivered to an individual. However, as providers of alcoholic beverages, industry members should always be mindful of reasonable and responsible consumption.

CD Permit (Chapter 57 Delivery Only)

CD permittees may not deliver an alcoholic beverage unless it is in response to a bona fide order placed with an authorized retailer by an ultimate consumer located in an area where the sale of the beverage is legal. The types of beverages that may be delivered are determined by the authority of the underlying retailer that makes the sale to the consumer.

Note: Distilled spirits purchased from a Mixed Beverage or Private Club permittee must adhere to the above requirements pertaining to the types of beverages and containers.

UNDELIVERABLE ALCOHOLIC BEVERAGES

If the person delivering alcoholic beverages is unable to complete the delivery because no one is available at the designated delivery address, or because the delivery recipient is either a minor or intoxicated, the delivery driver must return the alcoholic beverages to the retailer as soon as reasonably possible. Because the alcohol has already been sold to a consumer at that point in time, it may not be resold until returned to the retailer and placed back into inventory. All returns of undeliverable alcohol must be documented by the retailer in its business records. Under no circumstances may a delivery driver or a CD permittee sell an alcoholic beverage to another person.

LIMITATIONS ON LIABILITY WHEN DELIVERING ALCOHOL

MB/FB Permit (Chapter 28) & N/NB/NE/FB (Chapter 32)

For alcohol deliveries to consumers under Code §28.1001, the standard liabilities associated with an MB permitteess brick and mortar location apply, and the permittee is liable if alcohol is delivered to a minor or intoxicated person.

CD Permit (Chapter 57 Deliveries)

For alcohol deliveries to consumers under Chapter 57, there are different protections from liability for the retailer, the CD permittee, and the delivery driver. These protections are separate and distinct from the safe harbor provisions under Code §106.14, which do not apply to consumer deliveries in this context. Thus, seller/server certification will not fulfill the training requirements for an alcohol delivery driver operating under a CD Permit.

Liability of Retailers

A retailer who sells an alcoholic beverage to a consumer satisfies its responsibility when it transfers possession of the alcoholic beverage to a CD permittee or a delivery driver acting as an agent of or on behalf of the CD permittee. At this point, the conduct of a CD permittee or a driver acting as its agent or on its behalf is not attributable to the retailer with respect to:

-- providing, selling, or serving alcohol to a minor or an intoxicated person;

-- delivering alcohol to a dry or otherwise illegal area; or

-- any other provision of the Alcoholic Beverage Code.

A retailer is not required to confirm that a CD permittee or its delivery driver has received TABC's delivery driver training certification and may not be held responsible for their conduct. However, if a retailer contractually agrees to be responsible for ensuring that deliveries are made to areas that are legal/wet for the type of alcohol sale being conducted, the retailer will be held liable for the CD permittee's or their driver's improper delivery.

Liability of CDPermittees

A CD permittee is not liable for the conduct of the driver acting on the permittee's behalf if:

-- the CD permittee has not directly or indirectly encouraged the delivery driver to violate the law; and

-- the delivery driver either (1) holds a valid Texas Responsible Alcohol Delivery (TRAD) certification or (2) completes the delivery using a software application that meets the standards set forth in the Commission's rule governing delivery compliance software applications.

However, TABC may suspend a CD Permit if, after notice and hearing, the Commission finds that the CD permittee, an agent or employee of the CD permittee, or a person acting on behalf of the CD permittee delivered with criminal negligence an alcoholic beverage to a minor or an intoxicated individual.

Liability of Delivery Drivers

It is illegal to sell or deliver (for commercial purposes) an alcoholic beverage to a minor or an intoxicated individual. Ultimately, it is the delivery driver that bears criminal liability for both violations. The law does provide some protections to drivers. Specifically, it is a presumption that an alcoholic beverage was not sold or delivered with criminal negligence if:

-- the driver held a valid TABC Texas Responsible Alcohol Delivery (TRAD) certification at the time of delivery; and

-- the driver completed the delivery due to a technical malfunction of a valid delivery compliance software application that otherwise meets the requirements established in the Commission's rules.

It is also illegal to deliver an alcoholic beverage to a location that is not wet for the type of beverage being delivered. It is a defense to a prosecution for a violation of delivering an alcoholic beverage to a dry location if:

-- the individual or the CD permittee relied on publicly available information produced by TABC relating to an address' wet/dry classification; and

-- the information indicated that the respective address was wet for the type of beverage delivered on the date of delivery. The defense is not available to a person using information other than what is produced publicly by TABC.

While not specifically regulated by TABC, license and permit holders that meet the definition of restaurant should be aware of provisions in the Business and Commerce Code - Ch. 144 and the Local Government Code - Ch. 250 (§250.011)

TABC's publicly available wet/dry classification information can be found on the TABC website.

Statement From TABC

This advisory is issued pursuant to Alcoholic Beverage Code §5.57. It represents the opinion of the staff of the Commission. We hope this opinion will assist you in your endeavors. If you would like additional information or have questions regarding this advisory, you may contact me in writing at P.O. Box 13127, Austin, Texas 78711; by email to advisories@tabc.texas.gov; or by phone at (512) 206-3411.

TRD-202200998

Mariann H. Morelock

Director of Strategic Initiative and Performance

Texas Alcoholic Beverage Commission

Filed: March 23, 2022


Comptroller of Public Accounts

Notice to Persons Interested in High-Performance Building Design Evaluation Systems for State Agencies and Institutions of Higher Education

The Comptroller of Public Accounts published a Notice to Persons Interested in High-Performance Building Design Evaluation Systems for State Agencies and Institutions of Higher Education in the February 18, 2022 issue of the Texas Register (47 TexReg 799). Due to a publication error by the Texas Register, the website URL and email address in the notice include extraneous hyphens. The correct URL to download the final report is https://comptroller.texas.gov/programs/seco/code/state-funded.php.

The correct email address to submit comments is 2021CodeComments@cpa.texas.gov. Written comments may also be submitted in person at the State Energy Conservation Office (SECO) office or through the United States Postal Service at the State Energy Conservation Office, Comptroller of Public Accounts, P.O. Box 13528, Austin, Texas 78711-3528.

All written comments submitted no later than 45 days following the publication date of this correction of error notice will be forwarded to the Texas A&M University, Energy Systems Laboratory for review and further comment to SECO.

TRD-202200970

Don Neal

General Counsel

Comptroller of Public Accounts

Filed: March 21, 2022


Concho Valley Workforce Development Board

Request for Proposal

The Concho Valley Workforce Development Board is soliciting proposals for our Workforce Solutions Operator. The bids to be considered must be received by the Board according to the deadlines listed below. The operation includes: Workforce and Child Care Services to include Workforce Innovation and Opportunity Act, Temporary Assistance for Needy Families-CHOICES, Supplemental Nutrition Assistance Program, Business Services, Reemployment Services, Trade Adjustment Assistance, and Child Care Services. The intent of the RFP is to select one sub-recipient to manage and operate the Workforce Center and programs with a contract beginning October 1, 2022.

The RFP can be found at https://cvworkforce.org/Bids.aspx?BidID=16.

Submit responses to:

Concho Valley Workforce Development Board

Yolanda Sanchez, Executive Director

36 East Twohig, Suite 805

San Angelo, Texas 76903

ysanchez@cvworkforce.org

(325) 703-2451

Responses must be submitted in writing by mail, in person, or email.

Responses to this RFP must be physically received no later than these dates:

Intent to Bid Due: April 4, 2022, 5:00 p.m.

BID DUE: May 16, 2022, 5:00 p.m.

TRD-202200973

Leigh Heath

Board Liaison

Concho Valley Workforce Development Board

Filed: March 21, 2022


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/28/22 - 04/03/22 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/28/22 - 04/03/22 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 04/01/22 - 04/30/22 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 04/01/22 - 04/30/22 is 5.00% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-202200989

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 22, 2022


Texas Council for Developmental Disabilities

Request for Applications: TCDD Health Equity for People with Developmental Disabilities

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for up to three organizations to provide training and resources that would improve Health Equity for People with Developmental Disabilities.

The purpose of offering funding for the projects described in this Request for Applications (RFA) is to improve knowledge among individuals with intellectual and developmental disabilities (IDD), their families, and community resource providers about the accessibility and effectiveness of treatment and supports needed by people with IDD, with emphasis on person-centered planning. Resources, education, and training opportunities would also be developed for physicians and other providers to improve healthcare delivery for patients with IDD. The results of these training programs are to build capacity to provide increased access to care and better health outcomes for people with IDD.

TCDD has approved funding for up to $150,000 for up to three organizations for up to five years. 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 Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/ All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.

Deadline: Proposals must be submitted through https://tcdd.smapply.org/prog/lst/. Proposals are due by 11:59 p.m. on May 27, 2022. Proposals will not be accepted outside of these due dates.

TRD-202201025

Beth Stalvey

Executive Director

Texas Council for Developmental Disabilities

Filed: March 23, 2022


Request for Applications: TCDD Leadership Development and Advocacy Training for Youth Self-Advocates

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for up to four organizations to conduct Leadership Development and Advocacy Training for youth self-advocates.

The purpose of offering funding for the projects described in this Request for Applications (RFA) is to support leadership training opportunities for young individuals with developmental disabilities (age 14 - 21) to become future leaders, and to expand participation of young individuals with developmental disabilities in cross-disability and culturally diverse leadership coalitions. Training provided by this grant to young self-advocates in the state can promote self-determination in school, work, and social life, and lead to engagement in community capacity building and policy discussions at the state and local level.

TCDD has approved funding for up to $75,000 for up to four organizations for up to five years. 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 Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/ All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.

Deadline: Proposals must be submitted through https://tcdd.smapply.org/prog/lst/. Proposals are due by 11:59 p.m. on May 27, 2022. Proposals will not be accepted outside of these due dates.

TRD-202201029

Beth Stalvey

Executive Director

Texas Council for Developmental Disabilities

Filed: March 23, 2022


Request for Applications: TCDD Leadership Development and Advocacy Training in Rural Areas

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for up to four organizations to conduct Leadership Development and Advocacy Training in Rural Areas of the state.

The purpose of offering funding for the projects described in this Request for Applications (RFA) is to advance opportunities for more people with intellectual and developmental disabilities (IDD), their families, and other professionals to become strong self-advocates, disability advocates, peer trainers, and community leaders, particularly in rural areas of Texas. As a result, self-advocates, family members and professionals will receive information, connect with resources, and develop policy skills to engage in state and local issues that are important to their families and individuals with IDD they serve.

TCDD has approved funding for up to $75,000 for up to four organizations for up to five years. 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 Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/ All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.

Deadline: Proposals must be submitted through https://tcdd.smapply.org/prog/lst/. Proposals are due by 11:59 p.m. on May 27, 2022. Proposals will not be accepted outside of these due dates.

TRD-202201027

Beth Stalvey

Executive Director

Texas Council for Developmental Disabilities

Filed: March 23, 2022


Request for Applications: TCDD Leadership Development and Advocacy Training Led by Self-Advocates

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for up to four organizations to conduct Leadership Development and Advocacy Training Led by Self-Advocates.

The purpose of offering funding for the projects described in this Request for Applications (RFA) is to support opportunities for individuals with developmental disabilities (IDD) to become leaders, and to expand participation of individuals with developmental disabilities in cross-disability and culturally diverse leadership coalitions. Training provided in this grant can promote self-determination and engagement in community capacity building and policy discussions at the state and local level. Self-advocates may also be supported to obtain roles on state and local boards and other advisory bodies for disability advocacy organizations, service providers, and agencies who serve people with IDD. Applicants should be self-advocacy groups and organizations. If the self-advocacy organization cannot serve as the applicant or receive funds, they may partner with an entity who can obtain the award and provide fiscal support. However, the project direction and activities must clearly be led by self-advocates.

TCDD has approved funding for up to $75,000 for up to four organizations for up to five years. 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 Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/. All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.

Deadline: Proposals must be submitted through https://tcdd.smapply.org/prog/lst/. Proposals are due by 11:59 p.m. on May 27, 2022. Proposals will not be accepted outside of these due dates.

TRD-202201028

Beth Stalvey

Executive Director

Texas Council for Developmental Disabilities

Filed: March 23, 2022


Texas Education Agency

Public Notice Inviting Comment on the Texas Education Agency's Proposed Minimum Standards for Bullying Prevention Policies and Procedures

Texas Education Code (TEC), §37.0832(c), requires school districts to adopt policies and procedures concerning bullying prevention. TEC, §12.104(b)(3)(Q), also subjects open-enrollment charter schools to this requirement. Senate Bill 2050, 87th Texas Legislature, Regular Session, 2021, added TEC, §37.0832(c-1), which requires the Texas Education Agency (TEA) to adopt minimum standards for the bullying prevention policies and procedures adopted under TEC, §37.0832(c).

TEA is inviting comment from any interested person on the proposed minimum standards for bullying prevention policies and procedures. The proposed minimum standards will be available beginning April 1, 2022, on the TEA website at https://tea.texas.gov/texas-schools/health-safety-discipline/student-discipline. Public comments will be accepted April 1-April 30, 2022, and should be submitted to StudentDisciplineSupport@tea.texas.gov with the subject line "Minimum Standards Public Comment." All submitted comments will be reviewed and considered prior to release of the final minimum standards on or about July 1, 2022.

For more information, contact the TEA Student Discipline Program by email at StudentDisciplineSupport@tea.texas.gov.

TRD-202201018

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: March 23, 2022


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 May 1, 2022. 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 May 1, 2022. 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: AVALON FOOD MART, INCORPORATED; DOCKET NUMBER: 2021-1299-PST-E; IDENTIFIER: RN102713104; LOCATION: Wharton, Wharton County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(2), by failing to assure that all underground storage tank (UST) recordkeeping requirements are met; 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system; 30 TAC §334.50(b)(1)(A) and (2), and TWC, §26.3475(b) and (c)(1), by failing to monitor the USTs for releases at a frequency of at least once every 30 days, and failing to monitor the UST piping for releases; and 30 TAC §334.605(d), by failing to retrain a certified Class A and Class B operators by January 1st, 2020 with a course submitted to and approved by the TCEQ after April 1st, 2018; PENALTY: $10,244; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 756-3994; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: Billy R. Whaley Jr.; DOCKET NUMBER: 2021-0197-PST-E; IDENTIFIER: RN103569877; LOCATION: Del Rio, Val Verde County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 707 East Calton Roade, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(3) COMPANY: Callahan County Water Supply Corporation; DOCKET NUMBER: 2021-0957-PWS-E; IDENTIFIER: RN101206522; LOCATION: Clyde, Callahan County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfection Level Quarterly Operating Report to the executive director (ED) by the tenth day of the month following the end of each quarter for the fourth quarter of 2020 and the first quarter of 2021; 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.060 milligrams per liter for haloacetic acids, based on the locational running annual average; and 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed in a manner consistent with TCEQ requirement for the January 1, 2018 - December 31, 2020, monitoring period; PENALTY: $4,625; ENFORCEMENT COORDINATOR: Ecko Beggs, (915) 834-4968; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(4) COMPANY: City of Garrison; DOCKET NUMBER: 2021-0478-MWD-E; IDENTIFIER: RN101607075; LOCATION: Garrison, Nacogdoches County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0011304001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, by failing to comply with permitted effluent limitations; and 30 TAC §305.125(1) and §319.5(b), and TPDES Permit Number WQ0011304001, Effluent Limitations and Monitoring Requirements Number 1, by failing to collect and analyze effluent samples at the intervals specified in the permit; PENALTY: $18,750; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $15,000; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(5) COMPANY: Gold Star Metalex, LLC; DOCKET NUMBER: 2021-0465-AIR-E; IDENTIFIER: RN106399991; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: scrap metal processing site; RULES VIOLATED: 30 TAC §101.4 and Texas Health and Safety Code (THSC), §382.085(a) and (b), by failing to prevent nuisance conditions; and 30 TAC §111.111(a)(8)(A) and THSC, §382.085(b), by failing to comply with the visible emissions opacity limit of 30% for any six-minute period; PENALTY: $9,563; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Indorama Ventures Oxides LLC; DOCKET NUMBER: 2020-1274-AIR-E; IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: petrochemical plant; RULES VIOLATED: 30 TAC §101.201(b)(1)(F) and §122.143(4); Federal Operating Permit (FOP) Number O3056, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 2.F, and Texas Health and Safety Code (THSC), §382.085(b), by failing to identify all required information on the final record for a reportable emissions event; and 30 TAC §116.115(c) and §122.143(4); New Source Review Permit Numbers 5952A, 5972A, 20160 and 106169, Special Conditions Number 1; FOP Numbers O1320 and O3056, GTC and STC Numbers 16 and 17; and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $38,000; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $15,200; ENFORCEMENT COORDINATOR: Amanda Diaz, (713) 422-8912; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: Levi Creed Moore dba Moore's RV Park and Heather Moore dba Moore's RV Park; DOCKET NUMBER: 2021-0959-PWS-E; IDENTIFIER: RN110019759; LOCATION: Huntington, Angelina County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(c)(1)(B)(ii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a ground storage capacity of 35 gallons per connection; 30 TAC §290.46(f)(2) and (3)(A)(i)(III), (ii), (vi), and (B)(iii) and (v), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; and 30 TAC §290.46(n)(1), by failing to maintain at the public water system accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; PENALTY: $400; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(8) COMPANY: LOMA ALTA WATER SUPPLY CORPORATION; DOCKET NUMBER: 2021-1152-PWS-E; IDENTIFIER: RN101451672; LOCATION: Plainview, Hale County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(f)(2) and Texas Health and Safety Code (THSC), §341.031(a), by failing to comply with the acute maximum contaminant level of ten milligrams per liter for nitrate; and 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the executive director along with certification that the consumer notification has been distributed in a manner consistent with TCEQ requirements for the January 1, 2019 - December 31, 2019, monitoring period; PENALTY: $3,810; ENFORCEMENT COORDINATOR: Ecko Beggs, (915) 834-4968; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(9) COMPANY: Lyford Superette, LLC; DOCKET NUMBER: 2021-1323-PST-E; IDENTIFIER: RN101442929; LOCATION: Lyford, Willacy County; TYPE OF FACILITY: convenience store with retail sales of gasoline; 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; and 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; PENALTY: $3,250; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(10) COMPANY: LyondellBasell Acetyls, LLC; DOCKET NUMBER: 2021-0817-IWD-E; IDENTIFIER: RN100217207; LOCATION: La Porte, Harris County; TYPE OF FACILITY: carbon monoxide, hydrogen, and methanol manufacturing plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0004092000, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, Outfall Numbers 001 and 002, by failing to comply with permitted effluent limitations; PENALTY: $17,462; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $6,985; ENFORCEMENT COORDINATOR: Alyssa Loveday, (512) 239-5504; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(11) COMPANY: NIZAMI, LLC dba K-1; DOCKET NUMBER: 2021-0930-PST-E; IDENTIFIER: RN101789626; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(g)(1)(A)(ii) and TWC, §26.3475(c)(2), by failing to inspect the overfill prevention equipment at least once every three years; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases in a manner which will detect a release at a frequency of at least once every 30 days; and 30 TAC §334.602(a) and §334.605(d), by failing to designate, train, and certify at least one named individual for each class of operator, Class A, Class B, and Class C for the facility, and failing to re-train Class A and Class B operators by January 1st, 2020, with a course submitted to and approved by TCEQ after April 1st, 2018, regardless of the three-year re-training requirement; PENALTY: $4,038; ENFORCEMENT COORDINATOR: Sarah Smith, (512) 239-4495; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(12) COMPANY: Nueces County Water Control and Improvement District Number 4; DOCKET NUMBER: 2021-0899-MWD-E; IDENTIFIER: RN103779104; LOCATION: Port Aransas, Nueces County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010846001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $14,250; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(13) COMPANY: Patty M. Steed dba Canyon Dam Mobile Home Park; DOCKET NUMBER: 2021-1012-PWS-E; IDENTIFIER: RN102676681; LOCATION: Odessa, Ector County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(e)(4)(A) and Texas Health and Safety Code (THSC), §341.033(a), by failing to operate the facility under the direct supervision of a water works operator who holds a minimum of a Class D or higher groundwater license; 30 TAC §290.106(f)(2) and THSC, §341.031(a) and TCEQ Agreed Order Docket Number 2015-1680-PWS-E, Ordering Provision Number 3.h, by failing to comply with the acute maximum contaminant level of ten milligrams per liter for nitrate; 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfection Level Quarterly Operating Report to the executive director (ED) by the tenth day of the month following the end of each quarter for the first quarter of 2021; 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 for the January 1, 2020 - December 31, 2020, monitoring period; and 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2017 - December 31, 2019, monitoring period; PENALTY: $12,484; ENFORCEMENT COORDINATOR: America Ruiz, (512) 239-2601; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(14) COMPANY: RSZZ, LLC; DOCKET NUMBER: 2021-0830-WQ-E; IDENTIFIER: RN111266508; LOCATION: Tyler, Smith County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §281.25(a)(4), TWC, §26.121, and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction activities; and TWC, §26.121(a)(2), by failing to prevent an unauthorized discharge of sediment into or adjacent to any water in the state; PENALTY: $16,000; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(15) COMPANY: TABORCA PROPERTIES, LLC; DOCKET NUMBER: 2021-1151-PWS-E; IDENTIFIER: RN105596860; LOCATION: Weatherford, Parker County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.43(c), by failing to ensure that all potable water storage facilities are covered and designed, fabricated, erected, tested, and disinfected in strict accordance with current American Water Works Association standards; 30 TAC §290.43(d)(9), by failing to obtain approval of the executive director prior to the installation of more than three pressure tanks at one site; 30 TAC §290.43(e), by failing to ensure that all potable water storage tanks and pressure maintenance facilities are installed in a lockable building that is designed to prevent intruder access or enclosed by an intruder-resistant fence with lockable gates; 30 TAC §290.45(b)(1)(B)(i) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a well capacity of 0.6 gallons per minute (gpm) per connection; 30 TAC §290.45(b)(1)(B)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(B)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of 2.0 gpm per connection; 30 TAC §290.45(b)(1)(B)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; and 30 TAC §290.46(t), by failing to post a legible sign at the facility's production, treatment, and storage facilities that contains the name of the facility and an emergency telephone number where a responsible official can be contacted; PENALTY: $11,250; ENFORCEMENT COORDINATOR: Samantha Duncan, (817) 588-5805; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-202200962

Gitanjali Yadav

Acting Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: March 18, 2022


Notice of Correction to Agreed Order Number 6

In the January 28, 2022, issue of the Texas Register (47 TexReg 354), the Texas Commission on Environmental Quality (commission) published notice of Agreed Orders, specifically Item Number 6, for Gonzalez, Jacob E, Docket Number 2021-1583-PWS-E. The error is as submitted by the commission.

The reference to the Docket Number should be corrected to read: "2021-1583-WOC-E."

For questions concerning these errors, please contact Michael Parrish at (512) 239-2548.

TRD-202200963

Gitanjali Yadav

Acting Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: March 18, 2022


Notice of Hearing on Stephen Selinger: SOAH Docket No. 582-22-1885; TCEQ Docket No. 2021-1442-MWD; Permit No. WQ0015932001

APPLICATION.

Stephen Selinger, 620 Truelove Trail, Southlake, Texas 76092, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015932001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 405,000 gallons per day. TCEQ received this application on October 1, 2020.

The facility will be located approximately 3,907 feet northwest of the intersection of Getzenander Road and the railroad tracks, and approximately 2,045 feet southeast of the end of Jenkins Road, in Ellis County, Texas 75165. The treated effluent will be discharged to an unnamed tributary, thence to Waxahachie Creek, thence to Bardwell Reservoir in Segment No. 0815 of the Trinity River Basin. The unclassified receiving water uses are minimal aquatic life use for the unnamed tributary and intermediate aquatic life for Waxahachie Creek. The designated uses for Segment No. 0815 are primary contact recreation, public water supply, and high aquatic life use. In accordance with 30 Texas Administrative Code (TAC) Section 307.5 and the TCEQ's Procedures to Implement 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 Waxahachie Creek, which has been identified as having intermediate 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. 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: https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f8168250f&marker=-96.75419%2C32.307259&level=12. For the exact location, refer to the application.

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 Waxahachie City Hall, 401 South Rogers Street, Waxahachie, Texas.

CONTESTED CASE HEARING.

Considering directives to protect public health, the State Office of Administrative Hearings (SOAH) will conduct a preliminary hearing via Zoom videoconference. A Zoom meeting is a secure, free meeting held over the internet that allows video, audio, or audio/video conferencing.

10:00 a.m. - May 2, 2022

To join the Zoom meeting via computer:

https://soah-texas.zoomgov.com/

Meeting ID: 160 544 2858

Password: 1885PHC

or

To join the Zoom meeting via telephone:

(669) 254-5252 or (646) 828-7666

Meeting ID: 160 544 2858

Password: 8660195

Visit the SOAH website for registration at: http://www.soah.texas.gov/

or call SOAH at (512) 475-4993.

The purpose of a preliminary hearing is to establish jurisdiction, name the parties, establish a procedural schedule for the remainder of the proceeding, and to address other matters as determined by the judge. The evidentiary hearing phase of the proceeding, which will occur at a later date, will be 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 January 19, 2022. 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 Texas Administrative 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 www.tceq.texas.gov.

Further information may also be obtained from Stephen Selinger at the address stated above or by calling Mr. Stephen Selinger, Owner, at (817) 421-0731.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-4993, at least one week prior to the hearing.

Issued: March 21, 2022

TRD-202200972

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 21, 2022


Notice of Opportunity to Comment on an Agreed 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 Agreed Order (AO) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. 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 May 2, 2022. 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 the 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 May 2, 2022. 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: Star Container Company Inc.; DOCKET NUMBER: 2019-0679-IHW-E; TCEQ ID NUMBER: RN105726475; LOCATION: 699 Jordan Road, Mason, Mason County; TYPE OF FACILITY: plastic regrind facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §335.2 and §335.4, and TCEQ Agreed Order Docket Number 2016-1084-MLM-E, Ordering Provisions Numbers 2.a., 2.b., and 2.c., by causing, suffering, allowing, or permitting the unauthorized disposal of industrial solid waste; PENALTY: $76,500; STAFF ATTORNEY: Clayton Smith, Litigation, MC 175, (512) 239-6224; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

TRD-202200976

Gitanjali Yadav

Acting Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: March 22, 2022


Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of BEN-HUR ENTERPRISES, LTD.: SOAH Docket No. 582-21-3153; TCEQ Docket No. 2019-0802-WQ-E

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

10:00 a.m. - April 7, 2022

To join the Zoom meeting via computer:

https://soah-texas.zoomgov.com/

Meeting ID: 160 822 7814

Password: Xta9s2

or

To join the Zoom meeting via telephone dial:

+1 (669) 254-5252 or (646) 828-7666

Meeting ID: 160 822 7814

Password: 888650

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed February 4, 2021 concerning assessing administrative penalties against and requiring certain actions of BEN-HUR ENTERPRISES, LTD., for violations in Webb County, Texas, of: Texas Water Code §26.121 (a)(1).

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

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

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

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

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

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

Issued: March 17, 2022

TRD-202200968

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 21, 2022


Notice of Public Meeting for Hazardous Industrial Waste Permit/Compliance Plan Renewal with Major Amendment: Permit/Compliance Plan No. 50343

APPLICATION. Union Pacific Railroad Company, owner of the Houston Wood Preserving Works located at 4910 Liberty Road, Houston, 77026, in Harris County, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal and major amendment of Hazardous Waste Permit/Compliance Plan No. 50343 to authorize: the continued post-closure care and corrective action at the facility; the addition of solid waste management units and areas of concern subject to corrective action; updates to on-site and off-site plume management zones; the addition of a Response Action Plan to address soil and groundwater contamination; the addition of alternate point of exposure wells; a facility name change from Union Pacific Railroad Company, Houston Tie Plant to Union Pacific Railroad Company, Houston Wood Preserving Works; changes in the facility legal description, financial assurance, and to the facility boundary; typographical corrections; and administrative changes. TCEQ received the application on December 10, 2014. The following link to an electronic map of the facility or the facility's general location is provided as a public courtesy and is not part of the application or notice: https://arcg.is/1izXTy. For exact location, refer to application.

EXECUTIVE DIRECTOR ACTION. The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit/compliance plan that if granted, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that the draft permit/compliance plan, if granted, would meet all statutory and regulatory requirements.

PUBLIC COMMENT / PUBLIC MEETING. The purpose of the public meeting is for the public to provide input for consideration by the Commission and for the applicant and the Commission staff to provide information to the public. A public meeting will be held and will consist of two parts: an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Response will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. The Executive Director will prepare a written response to all relevant and material or significant formal comments received before the close of the public comment period. A copy of the written response will be sent to each person who submits a formal comment or a request to be added to the mailing list for this permit application and provides a mailing address. The Executive Director will consider all timely formal comments received, including public comments received in writing or spoken during the Formal Comment Period of the public meeting, before a decision is reached on the permit application. If a contested case hearing is granted for this permit application, the Commission may only consider relevant and material issues raised before the close of all applicable public comment periods. The public comment period for this application has been extended until the close of the public meeting.

The Public Meeting is to be held:

Tuesday, May 3, 2022, at 7:00 p.m.

The DeLUXE Theater

3303 Lyons Avenue

Houston, Texas 77020

INFORMATION. Citizens are encouraged to submit written comments anytime during the meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/. Please be aware that any contact information you provide, including your name, phone number, email address, and physical address will become part of the agency's public record. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040. General information can be found on our webpage at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

The permit application, the Executive Director's preliminary decision, and the draft permit/compliance plan are available for viewing and copying at the Tuttle Branch Library, 702 Kress Street, Houston, Texas 77020. Further technical information may be obtained from Mr. Kevin Peterburs, Union Pacific Railroad Company, Senior Manager, Environmental Site Remediation, by calling (414) 267-4164. Information requests associated with general public inquiries may be obtained from Mr. Richard Zientek, Union Pacific Railroad Company, Senior Director Public Affairs, by calling (281) 350-7178.

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

Issuance Date: March 23, 2022

TRD-202201016

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 23, 2022


Texas Facilities Commission

Request for Proposals (RFP) #303-3-20732

The Texas Facilities Commission (TFC), on behalf of the Texas Department of Public Safety (DPS) announces the issuance of Request for Proposals (RFP) 303-3-20732. TFC seeks a five (5) or ten (10) year lease of approximately 12,916 square feet of usable office space and 195 square feet of outdoor lounge area within the city limits of League City, Texas.

The deadline for questions is April 19, 2022, and the deadline for proposals is May 12, 2022, at 3:00 p.m. The award date is June 16, 2022. 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 Heather Goll at heather.goll@tfc.texas.gov. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://www.txsmartbuy.com/esbddetails/view/303-3-20732.

TRD-202201019

Rico Gamino

Director of Procurement

Texas Facilities Commission

Filed: March 23, 2022


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 March 14, 2022 to March 18, 2022. 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, March 25, 2022. The public comment period for this project will close at 5:00 p.m. on Sunday, April 24, 2022.

FEDERAL AGENCY ACTIONS:

Applicant: Peninsula Marine

Location: The project site is located in Gulf Intracoastal Waterway (GIWW), at Lighthouse Mooring Facility East, 1501 Rankin Road, in Port Bolivar, Galveston County, Texas.

Latitude & Longitude (NAD 83): 29.385379, -94.767648

Project Description: The applicant proposes to perform dredging activity, discharge dredged material into GIWW, and rehabilitate a deteriorating bulkhead for the purpose of bank stabilization and erosion protection at mooring facility. Such activities include the mechanical dredging of 1,930 cubic yards of material from 0.28-acre area, discharge of dredged material into GIWW, and install a 437-linear-foot section of concrete or metal sheet pile bulkhead.

Type of Application: U.S. Army Corps of Engineers permit application # SWG-2004-00388. 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. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

CMP Project No: 22-1221-F1

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov.

TRD-202200991

Mark Havens

Deputy Land Commissioner and Chief Clerk

General Land Office

Filed: March 22, 2022


Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Temporary Rate Add-ons for American Rescue Plan Act (ARPA) Home and Community-Based Services (HCBS) Provider Retention Payments

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a virtual public hearing on April 11, 2022, from 9:00 a.m. to 10:30 a.m. to receive public comments on the proposed temporary add-on rates for American Rescue Plan Act (ARPA) Home and Community-Based Services (HCBS) Provider Retention Payments.

Section 9817 of the ARPA temporarily increases the Federal Medical Assistance Percentage by 10 percentage points, up to 95 percent, for certain allowable HCBS medical assistance expenditures under the Medicaid program beginning April 1, 2021 and ending March 31, 2022. HHSC submitted an initial spending plan and narrative to the Centers for Medicare and Medicaid Services on July 12, 2021 and received partial approval on August 19, 2021. HHSC is providing time-limited reimbursement increases to agency providers and consumer-directed services employers to support recruitment and retention efforts for direct care staff delivering HCBS personal attendant and nursing services. Temporary rate increases will be made on eligible HCBS service claims with dates of service between March 1, 2022 and August 31, 2022.

This hearing will be available online. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:

https://attendee.gotowebinar.com/register/8108388503240692240, webinar ID: 675-569-211. After registering, you will receive a confirmation email containing information about joining the hearing. You can also dial in using your phone at (415) 930-5321, access code: 696-048-941.

If you are new to GoToWebinar, please download the GoToMeeting app at https://global.gotomeeting.com/install/626873213 before the hearing starts.

The hearing will be held in compliance with Texas Human Resources Code Section 32.0282, which requires public notice of hearings on proposed Medicaid reimbursements. HHSC will archive the public hearing; the archive can be accessed on-demand after the hearing ends at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings.

Proposal. HHSC proposes to increase payment rates for HCBS personal attendant and nursing services delivered between March 1, 2022 and August 31, 2022, to support provider retention payments.

Methodology and Justification. The increased temporary payment rate add-ons for HCBS ARPA provider retention payments are specified under proposed Title 1 of the Texas Administrative Code (1 TAC) Section 355.207, concerning American Rescue Plan Act Home and Community-Based Services Provider Retention Payment.

Briefing Packet. A briefing packet describing the proposed payment rates will be available at https://pfd.hhs.texas.gov/rate-packets no later than March 25, 2022. Interested parties may also obtain a copy of the briefing packet prior to the hearing by contacting the HHSC Provider Finance Department by telephone at (512) 424-6637, by fax at (512) 730-7475, or by email at PFD-LTSS@hhs.texas.gov.

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: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by email to PFD-LTSS@hhs.texas.gov. In addition, written comments may be sent by overnight mail or hand-delivered to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex Building, 4601 W Guadalupe St., Austin, Texas 78751.

Preferred Communication. During the current state of disaster due to COVID-19, physical forms of communication are checked with less frequency than during normal business operations. For quickest response, and to help curb the possible transmission of infection, please use e-mail or phone if possible, for communication with HHSC related to this rate hearing.

Persons with disabilities who wish to participate in the hearing and require auxiliary aids or services should contact Provider Finance at (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.

TRD-202200990

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: March 22, 2022


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-202200974

Cynthia Hernandez

General Counsel

Department of State Health Services

Filed: March 22, 2022


Texas Higher Education Coordinating Board

Notice of Intent to Engage in Negotiated Rulemaking--Texas College Work Study Program (Texas Institutions of Higher Education)

The Texas Higher Education Coordinating Board ("THECB") intends to engage in negotiated rulemaking to amend Chapter 22, Subchapter G, §§22.128, 22.133, and 22.134 rules for the Texas College Work Study Grant Program trusteed funds allocation methodology for Texas institutions of higher education. This is in accordance with the provisions of Senate Bill 215 passed by the 83rd Texas Legislature, Regular Session.

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

From this effort, 24 individuals responded (out of approximately 188 affected entities) and expressed an interest to participate or nominated a representative from their institution to participate on the negotiated rulemaking committee for Texas College Work Study. The positions held by the volunteers and nominees indicate 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 Texas College Work Study:

1. Public community colleges;

2. Public health-related institutions;

3. Public universities;

4. Public state colleges;

5. Public technical colleges;

6. Independent colleges and universities; and

7. Texas Higher Education Coordinating Board.

The THECB proposes to appoint the following 17 individuals to the negotiated rulemaking committee for Texas College Work Study to represent affected parties and the agency:

Public Community Colleges

Leanne Johnson, Director of Financial Aid, Blinn College

Ron Clinton, President, Northeast Texas Community College

Robert Merino, Dean of Financial Aid Services, San Jacinto College

Mary Daniel, Director of Financial Aid, Temple College

Leslie Kolojaco, Director of Financial Aid, Wharton County Junior College

Public Health-Related Institutions

Robin L. Dankovich, Vice President of Student Services and Engagement, Texas Tech University Health Sciences Center-El Paso (Texas Tech University System)

Public Universities

Matthew Miller, Financial Aid Counselor, Stephen F. Austin State University

Laura Elizondo, Director of Financial Aid, Texas A&M International University (Texas A&M University System)

Christopher D. Murr, Assistant Vice President of Financial Aid and Scholarships, Texas State University (Texas State University System)

Christina Montecillo, Interim Director of Financial Aid and Scholarships, Texas Tech University (Texas Tech University System)

Loren J. Blanchard, President, University of Houston Downtown (University of Houston System)

Susana Hernandez, Assistant Director of Financial Aid, The University of Texas Rio Grande Valley (The University of Texas System)

Public State Colleges

Mary Wickland, Vice President of Finance and Operations, Lamar State College Orange (Texas State University System)

Independent Colleges and Universities

Cecelia K. Jones, Director of Financial Aid, Jarvis Christian College

Amy Hardesty, Director of Financial Assistance, Lubbock Christian University

Arthur Ortiz, Vice President of Enrollment Management and Student Engagement, University of St. Thomas-Houston

Texas Higher Education Coordinating Board

Charles W. Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs

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 person is 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 Texas College Work Study. Comments and applications for membership on the committee must be submitted by April 10, 2022, to Laurie A. Frederick, Convener, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, or via email at Laurie.Frederick@highered.texas.gov.

TRD-202201026

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Filed: March 23, 2022


Texas Department of Insurance

Company Licensing

Application for Sunset Life Insurance Company of America, a foreign life, accident and/or health company, to change its name to Ibexis Life & Annuity Insurance Company. The home office is in Jefferson City, Missouri.

Application for Associated Indemnity Corporation, a foreign fire and/or casualty company, to change its name to WCF Select Insurance Company. The home office is in Sandy, Utah.

Application to do business in the state of Texas for Obsidian Pacific Insurance Company, a foreign fire and/or casualty company. The home office is in Edina, Minnesota.

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 John Carter, 333 Guadalupe Street, MC 103-CL, Austin, Texas 78701.

TRD-202201015

Justin Beam

General Counsel

Texas Department of Insurance

Filed: March 23, 2022


Correction of Error

The Texas Department of Insurance proposed amendments to 28 TAC §10.60 in the February 4, 2022, issue of the Texas Register (47 TexReg 473). Due to an error by the Texas Register, the text for paragraph (4) of subsection (j) was incorrectly listed as new language. Only the paragraph number should have been listed as new language. Paragraph (4) should have been published as follows:

(4) the date or dates of delivery.

TRD-202200942


Notice of Public Hearing

WORKERS' COMPENSATION HEALTH CARE NETWORKS

DOCKET NO. 2831

The Texas Department of Insurance (TDI) will have a public hearing to consider the proposed amendments to 28 TAC Chapter 10, concerning workers' compensation health care networks, including the proposed repeal of §10.102 and §10.103; proposed new §10.3; and proposed amendments to Subchapter A, §10.1 and §10.2; Subchapter B, §§10.20 - 10.27; Subchapter C, §§10.40 - 10.42; Subchapter D, §§10.60 - 10.63; Subchapter E, §§10.80 - 10.86; Subchapter F, §§10.100, 10.101, and 10.104; Subchapter G, §§10.120 - 10.122; and Subchapter H, §10.200, published in the Texas Register on February 4, 2022 (47 TexReg 457). The hearing will be in person and begin at 3:00 p.m., central time, April 13, 2022, in the David Mattax Hearing Room, Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas.

You may submit written comments and make oral comments on this rulemaking at the hearing, or you may submit your written comments to TDI on or before 5:00 p.m., central time, April 18, 2022. Send your comments to ChiefClerk@tdi.texas.gov or to the Office of the Chief Clerk, MC-GC-CCO, Texas Department of Insurance, P.O. Box 12030, Austin, Texas 78711-2030. Please include the docket number on any written or emailed comments.

TRD-202201023

James Person

General Counsel

Texas Department of Insurance

Filed: March 23, 2022


Texas Department of Licensing and Regulation Committee

Notice of Vacancies on Licensed Breeders Advisory Committee

The Texas Department of Licensing and Regulation (Department) announces two vacancies on the Licensed Breeders Advisory Committee (Committee) established by Texas Occupations Code, Chapter 802. The purpose of the Committee is to provide advice and recommendations to the Texas Commission of Licensing and Regulation (Commission) and the Department on matters related to the administration and enforcement of Chapter 802, including licensing fees and standards adopted under Subchapter E. This announcement is for:

-- one veterinarian; and

-- one licensed breeder.

The Committee is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. Members of the committee serve staggered four-year terms. The terms of four or five members expire on February 1 of each odd-numbered year.

The committee consists of the following members:

-- two members who are licensed breeders;

-- two members who are veterinarians;

-- two members who represent animal welfare organizations, each of which has an office based in this state;

-- two members who represent the public; and

-- one member who is an animal control officer as defined in Section 829.001, Health and Safety Code.

Interested persons should submit an application on the Department website at: https://www.tdlr.texas.gov/AdvisoryBoard/login.aspx. Applicants can also request an application via e-mail at advisory.boards@tdlr.texas.gov.

These are not paid positions and there is no compensation or reimbursement for serving on the board.

TRD-202200975

Mike Arismendez

Executive Director

Texas Department of Licensing and Regulation

Filed: March 22, 2022


Texas Lottery Commission

Scratch Ticket Game Number 2394 "$5,000 FRENZY"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2394 is "$5,000 FRENZY". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 2394 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2394.

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, 03, 04, 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, 2X SYMBOL, 5X SYMBOL, $1.00, $2.00, $3.00, $5.00, $10.00, $50.00 and $5,000.

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. 2394 - 1.2D (.pdf)

E. Serial Number - A unique thirteen (13) 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 twenty-four (24) 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 Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2394), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 2394-0000001-001.

H. Pack - A Pack of "$5,000 FRENZY" Scratch Ticket Game contains 150 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Ticket 001 to 005 will be on the top page; Tickets 006 to 010 on the next page etc.; and Tickets 146 to 150 will be on the last page. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack.

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 "$5,000 FRENZY" Scratch Ticket Game No. 2394.

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, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "$5,000 FRENZY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose eleven (11) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to the WINNING NUMBER Play Symbol, the player wins the prize for that number. If the player reveals a "2X" Play Symbol, the player wins DOUBLE the prize for that symbol. If the player reveals a "5X" Play Symbol, the player wins 5 TIMES 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 eleven (11) 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 and Game-Pack-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 and Game-Pack-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 eleven (11) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-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 eleven (11) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the eleven (11) 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 Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.

B. A Ticket can win as indicated by the prize structure.

C. A Ticket can win up to five (5) times.

D. On winning and Non-Winning Tickets, the top cash prize of $5,000 will appear at least once, except on Tickets winning five (5) times, with respect to other parameters, play action or prize structure.

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

F. Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.

G. All YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., $1 and 01, $3 and 03 and $10 and 10).

H. On all Tickets, a Prize Symbol will not appear more than one (1) time, except as required by the prize structure to create multiple wins.

I. On Non-Winning Tickets, the WINNING NUMBER Play Symbol will never match a YOUR NUMBERS Play Symbol.

J. The "2X" (DBL) Play Symbol will never appear as the WINNING NUMBER Play Symbol.

K. The "2X" (DBL) Play Symbol will win DOUBLE the prize for that Play Symbol and will win as per the prize structure.

L. The "2X" (DBL) Play Symbol will never appear more than once on a Ticket.

M. The "2X" (DBL) Play Symbol will never appear on a Non-Winning Ticket.

N. The "5X" (WINX5) Play Symbol will never appear as the WINNING NUMBER Play Symbol.

O. The "5X" (WINX5) Play Symbol will win 5 TIMES the prize for that Play Symbol and will win as per the prize structure.

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

Q. The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

R. The "2X" (DBL) and "5X" (WINX5) Play Symbols will never appear on the same Ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "$5,000 FRENZY" Scratch Ticket Game prize of $1.00, $2.00, $3.00, $5.00, $10.00, $20.00 or $50.00, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may 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 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 "$5,000 FRENZY" Scratch Ticket Game prize of $5,000, the claimant must sign the winning Scratch Ticket and may 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 "$5,000 FRENZY" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all 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 the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:

1. 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;

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

3. in default on a loan guaranteed under Chapter 57, Education Code; or

4. delinquent in child support payments in the amount 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.

F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 14 days of notification or the prize will be awarded to an Alternate.

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 "$5,000 FRENZY" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "$5,000 FRENZY" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Scratch Ticket Claim Period. All Scratch Ticket Game 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.

2.9 Promotional Second-Chance Drawings. Any Non-Winning "$5,000 FRENZY" Scratch Ticket may be entered into one (1) of five (5) promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements.

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 19,080,000 Scratch Tickets in the Scratch Ticket Game No. 2394. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2394 - 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. 2394 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 Scratch Ticket 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. 2394, 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-202200993

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 22, 2022


Scratch Ticket Game Number 2395 "$200,000 FRENZY"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2395 is "$200,000 FRENZY". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 2395 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2395.

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, 03, 04, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 2X SYMBOL, 5X SYMBOL, $5.00, $10.00, $15.00, $25.00, $50.00, $100, $200, $1,000, $5,000 and $200,000.

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. 2395 - 1.2D (.pdf)

E. Serial Number - A unique thirteen (13) 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 twenty-four (24) 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 Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2395), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2395-0000001-001.

H. Pack - A Pack of "$200,000 FRENZY" Scratch Ticket Game contains 075 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 075 will be revealed on the back of the Pack. All packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse; i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 075 will be shown on the back of the Pack.

I. Non-Winning 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 "$200,000 FRENZY" Scratch Ticket Game No. 2395.

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, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "$200,000 FRENZY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose fifty-five (55) Play Symbols. 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 the player reveals a "2X" Play Symbol, the player wins DOUBLE the prize for that symbol. If the player reveals a "5X" Play Symbol, the player wins 5 TIMES 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 fifty-five (55) 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 and Game-Pack-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 and Game-Pack-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 fifty-five (55) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-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 fifty-five (55) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the fifty-five (55) 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 Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.

B. A Ticket can win as indicated by the prize structure.

C. A Ticket can win up to twenty-five (25) times.

D. On winning and Non-Winning Tickets, the top cash prizes of $1,000, $5,000 and $200,000 will appear at least once, except on Tickets winning twenty-five (25) times, with respect to other parameters, play action or prize structure.

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

F. Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.

G. No matching WINNING NUMBERS Play Symbols will appear on a Ticket.

H. Tickets winning more than one (1) time will use as many WINNING NUMBERS Play Symbols as possible to create matches, unless restricted by other parameters, play action or prize structure.

I. All YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., $10 and 10, $15 and 15 and $25 and 25).

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

K. On Non-Winning Tickets, the WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

L. The "2X" (DBL) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

M. The "2X" (DBL) Play Symbol will win DOUBLE the prize for that Play Symbol and will win as per the prize structure.

N. The "2X" (DBL) Play Symbol will never appear more than once on a Ticket.

O. The "2X" (DBL) Play Symbol will never appear on a Non-Winning Ticket.

P. The "5X" (WINX5) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

Q. The "5X" (WINX5) Play Symbol will win 5 TIMES the prize for that Play Symbol and will win as per the prize structure.

R. The "5X" (WINX5) Play Symbol will never appear more than twice on a Ticket.

S. The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

T. The "2X" (DBL) and "5X" (WINX5) Play Symbols will never appear on the same Ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "$200,000 FRENZY" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $25.00, $50.00, $100 or $200, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $50.00, $100 or $200 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 "$200,000 FRENZY" Scratch Ticket Game prize of $1,000, $5,000 or $200,000, the claimant must sign the winning Scratch Ticket and may 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 "$200,000 FRENZY" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all 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 the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:

1. 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;

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

3. in default on a loan guaranteed under Chapter 57, Education Code; or

4. delinquent in child support payments in the amount 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.

F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 14 days of notification or the prize will be awarded to an Alternate.

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 "$200,000 FRENZY" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "$200,000 FRENZY" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Scratch Ticket Claim Period. All Scratch Ticket Game 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.

2.9 Promotional Second-Chance Drawings. Any Non-Winning "$200,000 FRENZY" Scratch Ticket may be entered into one (1) of five (5) promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements.

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 18,000,000 Scratch Tickets in the Scratch Ticket Game No. 2395. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2395 - 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. 2395 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 Scratch Ticket 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. 2395, 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-202200994

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 22, 2022


Scratch Ticket Game Number 2396 "$500,000 FRENZY"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2396 is "$500,000 FRENZY". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 2396 shall be $10.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2396.

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, 03, 04, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 2X SYMBOL, 5X SYMBOL, 10X SYMBOL, $10.00, $20.00, $30.00, $50.00, $100, $200, $2,000, $20,000 and $500,000.

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. 2396 - 1.2D (.pdf)

E. Serial Number - A unique thirteen (13) 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 twenty-four (24) 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 Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2396), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 050 within each Pack. The format will be: 2396-0000001-001.

H. Pack - A Pack of "$500,000 FRENZY" Scratch Ticket Game contains 050 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The back of Ticket 001 will be shown on the front of the Pack; the back of Ticket 050 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.

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 "$500,000 FRENZY" Scratch Ticket Game No. 2396.

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, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "$500,000 FRENZY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose sixty-six (66) Play Symbols. 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 the player reveals a "2X" Play Symbol, the player wins DOUBLE the prize for that symbol. If the player reveals a "5X" Play Symbol, the player wins 5 TIMES the prize for that symbol. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES 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 sixty-six (66) 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 and Game-Pack-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 and Game-Pack-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 sixty-six (66) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-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 sixty-six (66) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the sixty-six (66) 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 Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.

B. A Ticket can win as indicated by the prize structure.

C. A Ticket can win up to thirty (30) times.

D. On winning and Non-Winning Tickets, the top cash prizes of $2,000, $20,000 and $500,000 will appear at least once, except on Tickets winning thirty (30) times, with respect to other parameters, play action or prize structure.

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

F. Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.

G. No matching WINNING NUMBERS Play Symbols will appear on a Ticket.

H. Tickets winning more than one (1) time will use as many WINNING NUMBERS Play Symbols as possible to create matches, unless restricted by other parameters, play action or prize structure.

I. All YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., $20 and 20, $30 and 30 and $50 and 50).

J. On all Tickets, a Prize Symbol will not appear more than five (5) times, except as required by the prize structure to create multiple wins.

K. On Non-Winning Tickets, the WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

L. The "2X" (DBL) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

M. The "2X" (DBL) Play Symbol will win DOUBLE the prize for that Play Symbol and will win as per the prize structure.

N. The "2X" (DBL) Play Symbol will never appear more than once on a Ticket.

O. The "2X" (DBL) Play Symbol will never appear on a Non-Winning Ticket.

P. The "5X" (WINX5) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

Q. The "5X" (WINX5) Play Symbol will win 5 TIMES the prize for that Play Symbol and will win as per the prize structure.

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

S. The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

T. The "10X" (WINX10) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

U. The "10X" (WINX10) Play Symbol will win 10 TIMES the prize for that Play Symbol and will win as per the prize structure.

V. The "10X" (WINX10) Play Symbol will never appear more than once on a Ticket.

W. The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.

X. No two (2) different multiplier Play Symbols can appear on the same Ticket, with the exception of the "2X" (DBL) and "5X" (WINX5) Play Symbols, which can only appear together as per the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "$500,000 FRENZY" Scratch Ticket Game prize of $10.00, $20.00, $30.00, $50.00, $100 or $200, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $50.00, $100 or $200 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 "$500,000 FRENZY" Scratch Ticket Game prize of $2,000, $20,000 or $500,000, the claimant must sign the winning Scratch Ticket and may 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 "$500,000 FRENZY" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all 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 the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:

1. 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;

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

3. in default on a loan guaranteed under Chapter 57, Education Code; or

4. delinquent in child support payments in the amount 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.

F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 14 days of notification or the prize will be awarded to an Alternate.

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "$500,000 FRENZY" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "$500,000 FRENZY" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Scratch Ticket Claim Period. All Scratch Ticket Game 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.

2.9 Promotional Second-Chance Drawings. Any Non-Winning "$500,000 FRENZY" Scratch Ticket may be entered into one (1) of five (5) promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements.

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 11,280,000 Scratch Tickets in the Scratch Ticket Game No. 2396. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2396 - 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. 2396 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 Scratch Ticket 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. 2396, 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-202200995

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 22, 2022


Scratch Ticket Game Number 2397 "$1,000,000 FRENZY"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2397 is "$1,000,000 FRENZY". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 2397 shall be $20.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2397.

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, 03, 04, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 2X SYMBOL, 5X SYMBOL, 10X SYMBOL, $20.00, $40.00, $50.00, $100, $200, $400, $40,000 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. 2397 - 1.2D (.pdf)

E. Serial Number - A unique thirteen (13) 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 twenty-four (24) 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 Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2397), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 025 within each Pack. The format will be: 2397-0000001-001.

H. Pack - A Pack of "$1,000,000 FRENZY" Scratch Ticket Game contains 025 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). 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 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 "$1,000,000 FRENZY" Scratch Ticket Game No. 2397.

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, Scratch Ticket 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 FRENZY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose sixty-six (66) Play Symbols. 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 the player reveals a "2X" Play Symbol, the player wins DOUBLE the prize for that symbol. If the player reveals a "5X" Play Symbol, the player wins 5 TIMES the prize for that symbol. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES 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 sixty-six (66) 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 and Game-Pack-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 and Game-Pack-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 sixty-six (66) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-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 sixty-six (66) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the sixty-six (66) 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 Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.

B. A Ticket can win as indicated by the prize structure.

C. A Ticket can win up to thirty (30) times.

D. On winning and Non-Winning Tickets, the top cash prizes of $40,000 and $1,000,000 will appear at least once, except on Tickets winning thirty (30) times, with respect to other parameters, play action or prize structure.

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

F. No matching WINNING NUMBERS Play Symbols will appear on a Ticket.

G. Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.

H. Tickets winning more than one (1) time will use as many WINNING NUMBERS Play Symbols as possible to create matches, unless restricted by other parameters, play action or prize structure.

I. All YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., $20 and 20, $40 and 40 and $50 and 50).

J. On all Tickets, a Prize Symbol will not appear more than five (5) times, except as required by the prize structure to create multiple wins.

K. On Non-Winning Tickets, the WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

L. The "2X" (DBL) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

M. The "2X" (DBL) Play Symbol will win DOUBLE the prize for that Play Symbol and will win as per the prize structure.

N. The "2X" (DBL) Play Symbol will never appear more than once on a Ticket.

O. The "2X" (DBL) Play Symbol will never appear on a Non-Winning Ticket.

P. The "5X" (WINX5) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

Q. The "5X" (WINX5) Play Symbol will win 5 TIMES the prize for that Play Symbol and will win as per the prize structure.

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

S. The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

T. The "10X" (WINX10) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

U. The "10X" (WINX10) Play Symbol will win 10 TIMES the prize for that Play Symbol and will win as per the prize structure.

V. The "10X" (WINX10) Play Symbol will never appear more than once on a Ticket.

W. The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.

X. The "2X" (DBL) and "5X" (WINX5) Play Symbols can appear on the same Ticket as per the prize structure.

Y. The "2X" (DBL), "5X" (WINX5) and "10X" (WINX10) Play Symbols can appear on the same Ticket as per the prize structure.

Z. The "5X" (WINX5) and "10X" (WINX10) Play Symbols can only appear on the same Ticket when the "2X" (DBL) also appears as per the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "$1,000,000 FRENZY" Scratch Ticket Game prize of $20.00, $40.00, $50.00, $100, $200 or $400, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $40.00, $50.00, $100, $200 or $400 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 FRENZY" Scratch Ticket Game prize of $4,000, $40,000 or $1,000,000, the claimant must sign the winning Scratch Ticket and may 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 FRENZY" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all 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 the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:

1. 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;

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

3. in default on a loan guaranteed under Chapter 57, Education Code; or

4. delinquent in child support payments in the amount 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.

F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 14 days of notification or the prize will be awarded to an Alternate.

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 FRENZY" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "$1,000,000 FRENZY" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Scratch Ticket Claim Period. All Scratch Ticket Game 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.

2.9 Promotional Second-Chance Drawings. Any Non-Winning "$1,000,000 FRENZY" Scratch Ticket may be entered into one (1) of five (5) promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements.

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 6,600,000 Scratch Tickets in the Scratch Ticket Game No. 2397. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2397 - 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. 2397 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 Scratch Ticket 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. 2397, 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-202200996

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 22, 2022


Public Utility Commission of Texas

Notice of Application to Adjust High Cost Support Under 16 TAC §26.407(h)

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on March 17, 2022, to adjust the high-cost support it receives from the Small and Rural Incumbent Local Exchange Company Universal Service Plan without effect to its current rates.

Docket Title and Number: Application of Southwest Texas Telephone Company to Adjust High Cost Support under 16 Texas Administrative Code §26.407(h), Docket Number 53368.

Southwest Texas Telephone requests a high-cost support adjustment increase of $471,236. The requested adjustment complies with the cap of 140% of the annualized support the provider received in the previous 12 months, as required by 16 Texas Administrative Code §26.407(g)(1).

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 as a deadline to intervene may be imposed. 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 53368.

TRD-202200969

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2022


Workforce Solutions Deep East Texas

Request for Qualifications #22-412 Independent Auditing Services

Workforce Solutions Deep East Texas (WSDET) is soliciting this Request for Qualifications from qualified and experienced public accounting firms, whose principal officers are independent for fiscal year audits of federal and state grants and all other programs administered by WSDET for the twelve (12) month period beginning October 1, 2020, through September 30, 2021. The contract resulting from this procurement will be for six (6) months. The contract may be renewed for up to four (4) additional twelve (12) month periods at the Board's discretion based on satisfactory performance and Board approval. Audits should begin as soon as possible after April 12, 2022, and final audit reports are due no later than June 30, 2022.

A copy of the RFQ # 22-412 is available on the Board's website at www.detwork.org.

Issue Date: March 11, 2022

End of Question Period: March 22, 2022, 10:00 a.m. (CST)

Proposal Due Date and Time: April 4, 2022, 4:00 p.m. (CST)

Proposals will only be accepted via email and must be submitted to: procurement@detwork.org

Requests for copies and/or any questions regarding this RFQ can be made to:

Kim Moulder, Accounting Tech II

Workforce Solutions Deep East Texas

415 South First Street, Suite 110B

Lufkin, Texas 75901

Phone: (936) 639-8898

Fax: (936) 633-7491

Email: procurement@detwork.org

TRD-202200941

Mark Durand

Executive Director

Workforce Solutions Deep East Texas

Filed: March 17, 2022