IN ADDITION

Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil March 2021

The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of oil for reporting period March 2021 is $37.78 per barrel for the three-month period beginning on December 1, 2020, and ending February 28, 2021. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of March 2021, from a qualified low-producing oil lease, is not eligible for credit on the oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period March 2021 is $1.58 per mcf for the three-month period beginning on December 1, 2020, and ending February 28, 2021. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of March 2021, from a qualified low-producing well, is eligible for a 100% credit on the natural gas production tax imposed by Tax Code, Chapter 201.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of March 2021 is $62.36 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of March 2021, from a qualified low-producing oil well.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of March 2021 is $2.62 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of March 2021, from a qualified low-producing gas well.

TRD-202101547

William Hamner

Special Counsel for Tax Administration

Comptroller of Public Accounts

Filed: April 14, 2021


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 04/26/21 - 05/02/21 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 04/26/21 - 05/02/21 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 05/01/21 - 05/31/21 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 05/01/21 - 05/31/21 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-202101568

Leslie L Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 20, 2021


Credit Union Department

Application for a Merger or Consolidation

Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration.

An application was received from Texas Trust Credit Union (Mansfield) seeking approval to merge with Texas Federal Credit Union (Dallas), with Texas Trust Credit Union being the surviving credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-202101582

John J. Kolhoff

Commissioner

Credit Union Department

Filed: April 21, 2021


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code, (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 1, 2021. 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 June 1, 2021. 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: Abubaker Yusuf dba Texaco Station; DOCKET NUMBER: 2020-1383-PST-E; IDENTIFIER: RN102339405; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; and 30 TAC §334.606, by failing to maintain required operator training certification documentation on-site and make them available for inspection upon request by agency personnel; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Hailey Johnson, (512) 239-1756; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Agrium U.S. Incorporated; DOCKET NUMBER: 2020-1379-AIR-E; IDENTIFIER: RN101865715; LOCATION: Borger, Hutchinson County; TYPE OF FACILITY: fertilizer manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), New Source Review Permit Numbers 19778 and PSDTX1326, Special Conditions Number 1, Federal Operating Permit Number O1689, General Terms and Conditions and Special Terms and Conditions Numbers 8 and 10, and Texas Health and Safety Code, §382.085(b), by failing to comply with the maximum allowable emissions rate; PENALTY: $94,125; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(3) COMPANY: Air Tractor, Incorporated; DOCKET NUMBER: 2020-1360-WQ-E; IDENTIFIER: RN101290682; LOCATION: Olney, Young County; TYPE OF FACILITY: small aircraft manufacturer; RULES VIOLATED: 30 TAC §315.1 and 40 Code of Federal Regulations (CFR) §403.12(e)(1), by failing to submit periodic compliance reports to the TCEQ; 30 TAC §315.1 and 40 CFR §403.12(g)(1), by failing to collect and analyze pretreatment samples; 30 TAC §315.1 and 40 CFR §403.12(g)(2), by failing to notify the TCEQ within 24 hours of becoming aware of a sampling violation, and failing to conduct resampling within 30 days of becoming aware of an exceedance; 30 TAC §315.1 and 40 CFR §433.12(a), by failing to conduct required monitoring to measure compliance with the Total Toxic Organics effluent standard; and 30 TAC §315.1 and 40 CFR §433.15(a), by failing to comply with categorical pretreatment standards; PENALTY: $71,925; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(4) COMPANY: ANUALI CORPORATION INC dba Mr Kwik; DOCKET NUMBER: 2020-1196-PST-E; IDENTIFIER: RN101737203; LOCATION: Longview, Gregg County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(2)(C) and (4)(C) and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure the rectifier and other system components are operating properly, and failing to inspect and test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; and 30 TAC §334.50(b)(1)(A) and (2)(B)(i)(I) and TWC, §26.3475(b) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases in a manner which will detect a release at a frequency of at least once every 30 days, and failing to provide release detection for the suction piping associated with the UST system; PENALTY: $6,989; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(5) COMPANY: AZINO PROPERTY MANAGEMENT LLC dba Payless Food Mart; DOCKET NUMBER: 2019-1498-PST-E; IDENTIFIER: RN103026241; LOCATION: Frankston, Anderson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; 30 TAC §334.72, by failing to report suspected releases within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate suspected release within 30 days of discovery; PENALTY: $57,454; ENFORCEMENT COORDINATOR: Berenice Munoz, (915) 834-4976; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(6) COMPANY: City of Lacy Lakeview; DOCKET NUMBER: 2020-1420-PWS-E; IDENTIFIER: RN101388650; LOCATION: Lacy Lakeview, McLennan County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(z), by failing to create a nitrification action plan for all systems distributing chloraminated water; and 30 TAC §290.110(c)(5), by failing to conduct chloramine effectiveness sampling to ensure that monochloramine is the prevailing chloramine species and that nitrification is controlled; PENALTY: $1,080; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: Enterprise Products Operating LLC; DOCKET NUMBER: 2020-1050-AIR-E; IDENTIFIER: RN100543107; LOCATION: Mont Belvieu, Chambers County; TYPE OF FACILITY: natural gas liquid storage facility; RULES VIOLATED: 30 TAC §106.6(b), Permit by Rule Registration Number 110027, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $1,313; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $525; ENFORCEMENT COORDINATOR: Amanda Diaz, (713) 422-8912; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(8) COMPANY: F. & H. Water Service, L.L.C.; DOCKET NUMBER: 2020-1322-PWS-E; IDENTIFIER: RN106320989; LOCATION: Oakville, Live Oak County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(c) and (e), by failing to collect and report the results of nitrate sampling to the executive director for the January 1, 2019 - December 31, 2019, monitoring period; and 30 TAC §312.9 and TWC, §5.702, by failing to pay TCEQ Waste Management Sludge Haulers fee and/or any associated late fees for the TCEQ Financial Administration Account Number 0804331H for Fiscal Year 2020; PENALTY: $825; ENFORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(9) COMPANY: Freeport LNG Development, L.P.; DOCKET NUMBER: 2020-1417-AIR-E; IDENTIFIER: RN106481500; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: natural gas treating plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review (NSR) Permit Numbers 104840 and N170, Special Conditions (SC) Number 1, Federal Operating Permit (FOP) Number O3958, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 8, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §116.115(c) and §122.143(4), NSR Permit Numbers 104840 and N170, SC Number 7.H, FOP Number O3958, GTC and STC Number 8, and THSC, §382.085(b), by failing to maintain the net heating value of the flare vent gas combustion zone greater than or equal to 800 British thermal units per standard cubic foot or the combustion zone gas lower flammability limit less than or equal to 6.5% by volume; PENALTY: $12,375; ENFORCEMENT COORDINATOR: Toni Red, (512) 239-1704; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Harris County Municipal Utility District 304; DOCKET NUMBER: 2020-1419-PWS-E; IDENTIFIER: RN102975877; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(l), by failing to maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; and 30 TAC §290.46(n)(2), by failing to make available an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; PENALTY: $573; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(11) COMPANY: HINESCLIFF, INCORPORATED dba Arena Mart; DOCKET NUMBER: 2020-1404-PST-E; IDENTIFIER: RN103025078; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days, and failing to conduct reconciliation of detailed inventory control records at least once every 30 days in a manner sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through period plus 130 gallons; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Courtney Atkins, (512) 534-6862; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Lone Star NGL Fractionators LLC; DOCKET NUMBER: 2020-1416-AIR-E; IDENTIFIER: RN109902494; LOCATION: Mont Belvieu, Chambers County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §101.201(a)(1)(B) and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit an initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event; and 30 TAC §116.115(c) and §116.615(2), Standard Permit Registration Number 148115, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $5,188; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(13) COMPANY: Lyondell Chemical Company; DOCKET NUMBER: 2020-1432-AIR-E; IDENTIFIER: RN100633650; LOCATION: Channelview, Harris County; TYPE OF FACILITY: petrochemical plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Number 3346, Special Conditions Number 1, Federal Operating Permit Number O1387, General Terms and Conditions and Special Terms and Conditions Number 25, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $7,500; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $3,000; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: M - COMPANY TRANSPORT INCORPORATED; DOCKET NUMBER: 2020-1406-MSW-E; IDENTIFIER: RN111058566; LOCATION: Floresville, Wilson County; TYPE OF FACILITY: freight shipping and trucking company; RULES VIOLATED: 30 TAC §327.5(a) and TWC, §26.266(a), by failing to immediately abate and contain a discharge or spill of municipal solid waste and begin reasonable response actions; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Alain Elegbe, (512) 239-6924; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: Navarro Midstream Services, LLC; DOCKET NUMBER: 2020-1238-AIR-E; IDENTIFIER: RN106484413; LOCATION: Laredo, Webb County; TYPE OF FACILITY: oil and gas compressor station; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(A), (B), and (C), Federal Operating Permit (FOP) Number O3870/General Operating Permit (GOP) Number 514, Site-wide Requirements (b)(3), and Texas Health and Safety Code (THSC), §382.085(b), by failing to report all instances of deviations, failing to submit a deviation report for at least each six-month period after permit issuance, and failing to submit the deviation report no later than 30 days after the end of each reporting period; and 30 TAC §122.143(4) and §122.146(1) and (2), FOP Number O3870/GOP Number 514, Site-wide Requirements (b)(2) and (3), and THSC, §382.085(b), by failing to certify compliance with the terms and conditions of the permit for at least each 12-month period following initial permit issuance, and failing to submit a permit compliance certification within 30 days of any certification period; PENALTY: $7,650; ENFORCEMENT COORDINATOR: Toni Red, (512) 239-1704; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(16) COMPANY: Patriot Rental & Investment LLC; DOCKET NUMBER: 2020-1386-PWS-E; IDENTIFIER: RN109935031; LOCATION: Hallsville, Harrison County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.107(e), by failing to provide the results of synthetic organic chemical contaminants sampling and volatile organic chemical contaminants sampling to the executive director (ED) for the April 1, 2020 - June 30, 2020, monitoring period; and 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfection Level Quarterly Operating Report to the ED by the tenth day of the month following the end of each quarter for the first and second quarters of 2020; PENALTY: $2,337; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(17) COMPANY: Renda Environmental, Incorporated and the Trinity River Authority of Texas; DOCKET NUMBER: 2020-0631-WQ-E; IDENTIFIER: RN110743671; LOCATION: Paradise, Wise County; TYPE OF FACILITY: biosolids application field; RULES VIOLATED: 30 TAC §312.44(h) and TWC, §26.121(a)(2) and (c), by failing to prevent an unauthorized discharge of waste into or adjacent to any water in the state; PENALTY: $11,250; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: River Magic Inc dba Quality Mart 1; DOCKET NUMBER: 2020-1393-PST-E; IDENTIFIER: RN104524343; LOCATION: Garland, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) in a manner which will detect a release at a frequency of at least once every 30 days, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $2,438; ENFORCEMENT COORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Riviera Water Control and Improvement District; DOCKET NUMBER: 2019-1494-MWD-E; IDENTIFIER: RN105377535; LOCATION: Riviera, Kleberg County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §30.350(j) and §305.125(1) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013374002, Other Requirements Number 1, by failing to operate a domestic wastewater treatment facility a minimum of five days a week by the licensed chief operator or an operator holding the required level of license or higher; 30 TAC §305.125(1), TWC, §26.121(a)(1), and TPDES Permit Number WQ0013374002, Effluent Limitations and Monitoring Requirements Number 2, by failing to comply with permitted effluent limitations; 30 TAC §305.125(1) and (5) and TPDES Permit Number WQ0013374002, Operational Requirements Number 1, by failing to ensure the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §305.125(1) and (4), TWC, §26.121(a)(1), and TPDES Permit Number WQ0013374002, Permit Conditions Number 2.d, by failing to take all reasonable steps to minimize or prevent any discharge or sludge use or disposal or other permit violation that has a reasonable likelihood of adversely affecting human health or the environment; and 30 TAC §305.125(1) and (5) and §317.4(g)(4)(A), and TPDES Permit Number WQ0013374002, Operational Requirements Number 1, by failing to ensure the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; PENALTY: $38,688; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $38,688; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(20) COMPANY: S-Cow-10 Dairy, LLC; Nova Darlene Schouten; and Peter Henry Schouten, Sr.; DOCKET NUMBER: 2020-0869-AGR-E; IDENTIFIER: RN102362647; LOCATION: Stephenville, Erath County; TYPE OF FACILITY: dairy farm; RULES VIOLATED: 30 TAC §305.125(1) and §321.36(b) and Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXG920755, Part III.A(6)(c)(1) and (2), by failing to minimize entry of uncontaminated runoff and stormwater runoff into the retention control structures (RCSs); 30 TAC §§305.125(1), 321.39(b)(5), and 321.46(d)(5) and TPDES General Permit Number TXG920755, Part III.A(10)(f)(3), by failing to remove any tree such that the root zone would intrude or compromise the structure of the liner or embankment of the RCS 1; 30 TAC §305.125(1) and §321.39(c)(1) and TPDES General Permit Number TXG920755, Part III.A(10)(e), by failing to remove sludge from the RCS in accordance with the design schedule for cleanout to prevent the accumulation of sludge from encroaching on the volumes reserved for minimum treatment; and 30 TAC §305.125(1) and §321.39(g)(3) and TPDES General Permit Number TXG920755, Part III.A(11)(c), by failing to collect carcasses within 24 hours of death and properly dispose of them within three days of death; PENALTY: $7,250; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 580-D West Lingleville Road, Stephenville, Texas 76401-2209, (817) 588-5800.

(21) COMPANY: Spade Water Supply Corporation; DOCKET NUMBER: 2020-1421-PWS-E; IDENTIFIER: RN101458578; LOCATION: Spade, Lamb County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(m), by failing to provide an intruder-resistant fence around each water treatment plant and related appurtenances that remains locked during periods of darkness and when the facility is unattended, or a locked building in the fence line which may satisfy this requirement or serve as a gate; 30 TAC §290.43(d)(3), by failing to equip air injection lines with filters or other devices to prevent compressor lubricants and other contaminants from entering the facility's pressure tank; 30 TAC §290.46(f)(2) and (3)(A)(ii)(III), 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(s)(1), by failing to calibrate the facility's two well meters at least once every three years; PENALTY: $2,940; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(22) COMPANY: Total Petrochemicals & Refining USA, Incorporated; DOCKET NUMBER: 2020-1414-IWD-E; IDENTIFIER: RN102457520; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: a petroleum refinery; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0000491000, Effluent Limitations and Monitoring Requirements Number 1, Outfall Numbers 004 and 007, by failing to comply with permitted effluent limitations; and 30 TAC §305.125(1) and (5) and §319.5(b), and TPDES Permit Number WQ0000491000, Effluent Limitations and Monitoring Requirements Number 1, Outfall 001, by failing to collect and analyze effluent samples at the intervals specified in the permit; PENALTY: $21,669; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $8,668; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(23) COMPANY: University of Texas Medical Branch at Galveston; DOCKET NUMBER: 2020-1217-AIR-E; IDENTIFIER: RN101921138; LOCATION: Galveston, Galveston County; TYPE OF FACILITY: medical research facility and hospital; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(c), and 122.143(4), New Source Review Permit Numbers 56653 and PSDTX1376, Special Conditions Numbers 5 and 33, Federal Operating Permit Number O1531, General Terms and Conditions and Special Terms and Conditions Number 11, and Texas Health and Safety Code, §382.085(b), by failing to comply with the concentration limit; PENALTY: $9,676; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(24) COMPANY: Victoria County Water Control and Improvement District Number 1; DOCKET NUMBER: 2019-0979-MWD-E; IDENTIFIER: RN101516714; LOCATION: Bloomington, Victoria County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and (5), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010513002, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, by failing to comply with permitted effluent limitations; PENALTY: $33,000; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $33,000; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

TRD-202101565

Charmaine Backens

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: April 20, 2021


Cancellation of Public Meeting - Bell Concrete, Inc., Proposed Registration No. 164044

The public meeting previously scheduled for May 4, 2021, has been cancelled. This application has been withdrawn by the applicant. If you have any questions, please contact Mr. Brad Patterson, Section Manager, Office of the Chief Clerk, at (512) 239-1201.

TRD-202101587

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 21, 2021


Enforcement Orders

An agreed order was adopted regarding ANNAPURNA BUSINESS LLC dba Huntington Travel Center, Docket No. 2018‑1001‑PST‑E on April 20, 2021, assessing $4,120 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Alice Duncan, Docket No. 2019‑0433‑PST‑E on April 20, 2021, assessing $3,375 in administrative penalties with $2,175 deferred. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202101580

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 21, 2021


Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls: Proposed Air Quality Registration Number 81298

APPLICATION. Ratliff Ready-Mix LP has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 81298 to authorize the operation of a permanent concrete batch plant with enhanced controls. The facility is proposed to be located at 1900 Taylors Valley Drive, Belton, Bell County, Texas 76513. This application is being processed in an expedited manner, as allowed by the commission's rules in 30 Texas Administrative Code, Chapter 101, Subchapter J. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f8168250f&marker=-97.442694%2C31.053996&level=12.This application was submitted to the TCEQ on April 1, 2021. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on April 16, 2021.

PUBLIC COMMENT / PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at 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.

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

The Public Hearing is to be held:

Wednesday, May 26, 2021, at 6:00 p.m.

Members of the public who would like to ask questions or provide comments during the hearing may access the hearing via webcast by following this link: https://www.gotomeeting.com/webinar/join-webinar and entering Webinar ID 415-905-603. It is recommended that you join the webinar and register for the public hearing at least 15 minutes before the hearing begins. You will be given the option to use your computer audio or to use your phone for participating in the webinar.

Those without internet access may call (512) 239-1201 at least one day prior to the hearing for assistance in accessing the hearing and participating telephonically. Members of the public who wish to only listen to the hearing may call, toll free, (562) 247-8422 and enter access code 582-763-562.

Additional information will be available on the agency calendar of events at the following link:

https://www.tceq.texas.gov/agency/decisions/hearings/calendar.html.

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

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

CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Waco Regional Office, located at 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning the first day of publication of this notice.

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

Further information may also be obtained from Ratliff Ready-Mix, LP, 1503 LBJ Freeway, Suite 400, Dallas, Texas 75234-6007, or by calling Ms. Shannon Bennett, Environmental Engineer at (254) 227-2773.

Notice Issuance Date: April 19, 2021

TRD-202101578

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 20, 2021


Notice of District Petition

Notice issued April 20, 2021

TCEQ Internal Control No. D-11132020-024; Rasor Family Ranch LP, a Texas limited partnership (Petitioner) filed a petition for creation of Grayson County Municipal Utility District No. 6 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 273.7 acres located within Grayson County, Texas; and (4) all of the land within the proposed District is within the extraterritorial jurisdiction of the City of Gunter, Texas. By Resolution No. 2020-10-15-1, passed and adopted on October 15, 2020, the City of Gunter, Texas, gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. The petition further states that the proposed District will: (1) purchase, design, construct, acquire, maintain, own, operate, repair, improve, and extend a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the proposed District; (3) control, abate, and amend local storm waters or other harmful excesses of water; and (4) purchase, construct, acquire, maintain, own, operate, repair, improve, and extend such additional facilities, including roads, systems, plants, and enterprises as shall be consonant with all of the purposes for which the proposed District is created.

According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $48,475,000 ($33,050,000 for water, wastewater, and drainage plus $15,425,000 for roads).

INFORMATION SECTION

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

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.texas.gov.

TRD-202101577

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 20, 2021


Notice of Hearing El Paso Electric Company: SOAH Docket No. 582-21-1740; TCEQ Docket No. 2021-0314-AIR; Proposed Permit Nos. 1467, PSDTX1090M1, N284, and GHGPSDTX199

APPLICATION.

El Paso Electric Company, P.O. Box 982, El Paso, Texas 79960-0982, has applied to the Texas Commission on Environmental Quality (TCEQ) for amendment of Air Quality Permit 1467, modification to Prevention of Significant Deterioration (PSD) Air Quality Permit PSDTX1090M1, issuance of Nonattainment Permit Number N284, and issuance of Greenhouse Gas (GHG) PSD Air Quality Permit GHGPSDTX199 for emissions of GHGs, which would authorize modification of the Newman Power Station located at 4900 Stan Roberts Senior Avenue, El Paso, El Paso County, Texas 79934. 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=-106.430555%2C31.982222&level=12. For the exact location, refer to the application. The existing facility will emit the following air contaminants in a significant amount to require a Nonattainment Review: particulate matter with diameters of 10 microns or less. The facility will emit the following air contaminants in a significant amount: carbon monoxide, nitrogen oxides, organic compounds, particulate matter including particulate matter with diameters of 2.5 microns or less, and greenhouse gases. In addition, the facility will emit: ammonia, hazardous air pollutants, sulfur dioxide and sulfuric acid mist. No other pollutant emission increase will result from this facility.

The degree of PSD increment predicted to be consumed by the proposed facility and other increment-consuming sources in the area is as follows:

Degree of PSD Increment (.pdf)

This application was submitted to the TCEQ on November 16, 2019. The Executive Director has determined that the emissions of air contaminants from the existing facility which are subject to PSD review will not violate any state or federal air quality regulations and will not have any significant adverse impact on soils, vegetation, or visibility. All air contaminants have been evaluated, and "best available control technology" will be used for the control of these contaminants.

El Paso County has been designated nonattainment for PM10 because Continuous Ambient Air Monitoring Stations have shown that ambient concentrations of PM10 exceed the National Ambient Air Quality Standards (NAAQS) for PM10. The Federal Clean Air Act (FCAA) requires that new major stationary sources and major modifications at sources in designated nonattainment areas must satisfy nonattainment new source review prior to commencement of construction.

As required by the nonattainment review, all air contaminants have been evaluated and the "lowest achievable emission rate" has been addressed for the control of these contaminants. The emission increases from this project will be offset with emission reductions by a ratio of 1 to 1. Furthermore, the applicant has demonstrated that the benefits of the existing facility significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. Finally, the applicant has certified that all major stationary sources owned or operated by the applicant in the state are in compliance or on a schedule for compliance with all applicable state and federal emission limitations and standards. The Executive Director, therefore, has made the preliminary determination to issue this permit.

The TCEQ Executive Director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The permit application, executive director's preliminary decision, draft permit, and the executive director's preliminary determination summary and executive director's air quality analysis, is available for viewing and copying at the TCEQ central office, the TCEQ El Paso regional office, and online at https://www.epelectric.com/company/public-notices/newman-generating-station-proposed-air-quality-permit-amendment. The facility's compliance file, if any exists, is available for public review at the TCEQ El Paso Regional Office, 401 East Franklin Avenue Suite 560, El Paso, Texas.

DIRECT REFERRAL.

The Notice of Application and Preliminary Decision was published in English and Spanish on September 1, 2020. On February 22, 2021, the Applicant filed a request for direct referral to the State Office of Administrative Hearings (SOAH). Therefore, the chief clerk has referred this application directly to SOAH for a hearing on whether the portions of the application for Air Quality Permit Number 1467, for PSD Air Quality Permit Number PSDTX1090M1, and for Nonattainment Permit Number N284 comply with all applicable statutory and regulatory requirements. A contested case hearing is not applicable to the portion of the application for GHG PSD Air Quality Permit Number GHGPSDTX199, and the Executive Director may issue final approval of the application for the portion of the application for GHG PSD Air Quality Permit Number GHGPSDTX199.

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. - June 3, 2021

To join the Zoom meeting via computer:

https://soah-texas.zoomgov.com/j/1617061786?pwd=dDBtU2hiakJzakMrMUZ3dmdCUUFZQT09

Meeting ID: 161 706 1786

Password: PAzjv8

or

To join the Zoom meeting via telephone:

(346) 248-7799

Meeting ID: 161 706 1786

Password: 550112

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 be conducted in accordance with the Chapter 2001, Texas Government Code; Chapter 382, Texas Health and Safety Code; TCEQ rules including 30 Texas Administrative Code (TAC) Chapter 116, Subchapters A and B; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155.

To request to be a party, you must attend the hearing and show you would be affected by the application in a way not common to 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.

MAILING LIST.

You may ask to be placed on a mailing list to obtain additional information on this application by sending a request to the Office of the Chief Clerk at the address below.

AGENCY CONTACTS AND INFORMATION.

Public comments and requests must be submitted either electronically at www.tceq.texas.gov/agency/decisions/cc/comments.html, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency's public record. For more information about this permit application, the permitting process, or the contested case hearing process, please call the Public Education Program toll free at (800) 687‑4040. Si desea información en español, puede llamar al (800) 687-4040. General information regarding the TCEQ may be obtained electronically at www.tceq.texas.gov

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 regarding the TCEQ can be found at www.tceq.texas.gov.

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.

Further information may also be obtained from El Paso Electric Company at the address stated above or by calling Mr. Daniel Perez, Supervisor - Environmental Compliance at (915) 543-4166.

Issued: April 14, 2021

TRD-202101555

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 15, 2021


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 1, 2021. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on June 1, 2021. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: MORENO'S QUICK STOP INC dba Moreno's Grocery; DOCKET NUMBER: 2019-0032-PST-E; TCEQ ID NUMBER: RN101835411; LOCATION: 4103 Commercial Avenue, San Antonio, Bexar County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every 30 days; PENALTY: $3.375; STAFF ATTORNEY: Ben Warms, Litigation, MC 175, (512) 239-5144; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: SASSOON PROPERTIES INVESTMENT GROUP, INC.; DOCKET NUMBER: 2020-0278-PWS-E; TCEQ ID NUMBER: RN101264174; LOCATION: 1633 Old Greens Road, Houston, Harris County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.43(d)(1), by failing to provide a pressure tank of 1,000 gallons capacity or larger that meets the American Society of Mechanical Engineers (ASME) Section VIII, Division I Codes and Construction Regulations - specifically, there was no ASME name plate on the pressure tank; 30 TAC §290.45(h)(1)(D), by failing to provide the use of portable generators capable of serving multiple facilities equipped with quick-connect systems in accordance with the affected utility's approved Emergency Preparedness Plan (EPP) - specifically, the necessary water plant equipment was not equipped with the quick-connect system to facilitate the implementation of the EPP; and 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data - specifically, well completion data for Well Numbers 1 and 2 were not available; PENALTY: $550; STAFF ATTORNEY: Casey Kurnath, Litigation, MC 175, (512) 239-5932; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: William Templeton; DOCKET NUMBER: 2019-0618-MSW-E; TCEQ ID NUMBER: RN110435245; LOCATION: 415 South Eye Street, Harlingen, Cameron County; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of municipal solid waste; PENALTY: $4,312; STAFF ATTORNEY: Clayton Smith, Litigation, MC 175, (512) 239-6224; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-202101566

Charmaine Backens

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: April 20, 2021


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 1, 2021. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on June 1, 2021. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Christian Wilson; DOCKET NUMBER: 2019-0999-MLM-E; TCEQ ID NUMBER: RN110776945; LOCATION: Parcel 8017, north of the end of Seashore Lane near Robert Lee, Coke County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing or permitting the unauthorized disposal of MSW; Texas Health and Safety Code, §382.085(b) and 30 TAC §111.201, by causing, suffering, allowing, or permitting outdoor burning within the state of Texas; and 30 TAC §328.57(c)(1), by failing to obtain a tire transporter registration prior to transporting used and/or scrap tires; PENALTY: $7,515; STAFF ATTORNEY: John S. Merculief II, Litigation, MC 175, (512) 239-6944; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(2) COMPANY: Elizabeth K. Flores dba A & J Drive Thru; DOCKET NUMBER: 2020-0430-PST-E; TCEQ ID NUMBER: RN105834113; LOCATION: 614 Mira Flores Avenue, Zapata, Zapata County; TYPE OF FACILITY: underground storage tank (UST) system and a property that was formerly a service station; RULES VIOLATED: 30 TAC §334.602(a), by failing to identify and designate for the UST facility at least one named individual for each class of operator - Class A and B; and TWC, §26.3475(c)(1) and 30 TAC §334.50(a) and §334.54(c)(1), by failing to provide a release detection method capable of detecting any release from a temporarily out-of-service UST system that has not been emptied of all regulated substances; PENALTY: $5,148; STAFF ATTORNEY: John S. Merculief II, Litigation, MC 175, (512) 239-6944; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(3) COMPANY: Felipe Zavala, Sr. dba Legacy Customs SS; DOCKET NUMBER: 2019-0594-MLM-E; TCEQ ID NUMBER: RN110442811; LOCATION: 1017 Ritchie Road, Eagle Pass, Maverick County; TYPE OF FACILITY: auto body refinishing facility; RULES VIOLATED: Texas Health and Safety Code, §382.0518(a) and §382.085(b) and 30 TAC §116.110(a), by failing to obtain authorization prior to constructing or modifying a source of air contaminants; 30 TAC §328.56(c), by failing to use manifests, work orders, invoices, or other records to document the removal and management of all scrap tires generated on-site; 40 Code of Federal Regulations (CFR) §279.22(c)(1) and 30 TAC §324.6, by failing to clearly mark or label used oil storage containers with the words "used oil"; and 40 CFR §279.22(d) and 30 TAC §324.15, by failing to perform response actions upon detection of a release of used oil; PENALTY: $3,675; STAFF ATTORNEY: Clayton Smith, Litigation, MC 175, (512) 239-6224; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(4) COMPANY: RALSTON ACRES WATER SUPPLY CORPORATION; DOCKET NUMBER: 2019-1028-PWS-E; TCEQ ID NUMBER: RN101280865; LOCATION: 7206 Heather Row Lane near Houston, Harris County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.45(h)(1), by failing to provide sufficient power to meet the capacity requirements; 30 TAC §290.46(n)(2), by failing to provide an accurate and up-to-date map of the distribution system, so that valves and mains can easily be located during emergencies; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.42(m), by failing to provide an intruder-resistant fence around each treatment plan and related appurtenances that remains locked during periods of darkness and when the facility is unattended; 30 TAC §290.44(h)(1)(A) and (B), by failing to implement an adequate internal cross-connection control program that includes annual inspection and testing by a backflow prevention assembly tester on all backflow prevention assemblies used for health hazard protection; 30 TAC §290.46(f)(2) and (3)(A)(iv), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director (ED) upon request; 30 TAC §290.46(q)(1), by failing to provide a copy of the boil water notice (BWN) to the ED within 24 hours after issuance by the facility and a signed Certificate of Delivery to the ED within ten days after issuance of the BWN; and TWC, §5.702 and 30 TAC §291.76, by failing to pay regulatory assessment fees for TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 13062 for the calendar year of 2018; PENALTY: $1,622; STAFF ATTORNEY: Jim Sallans, Litigation, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-202101567

Charmaine Backens

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: April 20, 2021


Notice of Water Quality Application

The following notices were issued on April 8, 2021 and April 14, 2021.

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

INFORMATION SECTION

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 182 has applied for a major amendment to Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014758001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 600,000 gallons per day to an annual average flow not to exceed 1,500,000 gallons per day and to authorize a change in the discharge route. The facility is located at approximately 1.25 miles southwest of the intersection of Farm-to-Market Road 1463 and Fulshear Katy Road, in Fort Bend County, Texas 77441.

INFORMATION SECTION

DEER TRAIL WATER DISTRICT, LLC has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015815001 to authorize the addition of two interim phases. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 112,000 gallons per day. The facility is located approximately 1.85 miles southeast of the intersection of Farm-to-Market Road 1484 and Farm-to-Market Road 2432, in Montgomery County, Texas 77303.

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

TRD-202101581

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 21, 2021


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 April 5, 2021 to April 16, 2021. 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, April 23, 2021. The public comment period for this project will close at 5:00 p.m. on Sunday, May 23, 2021.

FEDERAL AGENCY ACTIONS:

Applicant: Matagorda County - Palacios Seawall Commission

Location: The project site is in Tres Palacios Bay, immediately south of South Bay Boulevard at South Bay Park Beach, in Palacios, Matagorda County, Texas.

Latitude & Longitude (NAD 83): 28.698400, -96.216294

Project Description: The applicant proposes to discharge 4,800 cubic yards of clean beach sand along a 0.67-acre area of Tres Palacios Bay shoreline at South Bay Park Beach. The sand will be obtained from commercial sand sources and hauled to the site via truck. The beach nourishment is intended to increase the area available to the public for recreational activities.

Type of Application: U.S. Army Corps of Engineers permit application # SWG-2014-00870. 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. 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: 21-1267-F1

Applicant: The Kansas City Southern Railway Company

Location: The project site is located in the Sabine-Neches Canal, at DD 7 Levee Road, in Port Arthur, Jefferson County, Texas.

Latitude & Longitude (NAD 83): 29.942325, -93.876129

Project Description The applicant proposes to modify an existing permit to remove previously authorized impacts to 2.39 acres of palustrine forested (PFO) wetlands and add impacts to 0.84 acre of PFO wetlands during the construction of a track and loop facility at the Port Arthur Terminal. The rail spur located near State Highway 73 in the northwestern portion of the project site was originally included in the permit as permanent PFO impacts (2.39 acres). The original design called for this area to be cleared and filled to accommodate future track expansion options. The applicant has determined that this portion of the project design will not be constructed at this time. The 0.84-acre area of wetlands within the southwest corner of the facility, referenced as PFO 3 (sheet 4 of 4 in the attached plans), will now be adversely impacted due to grading and drainage improvements between the lead track and the loop track. This change in project design results in an overall net decrease in permanent PFO wetland impacts from 13.99 acres to 12.44 acres, but the new proposed impacts to 0.84 acres of PFO would be in an area that was to be previously avoided.

Type of Application: U.S. Army Corps of Engineers permit application # SWG-2013-00399. This application will be reviewed pursuant to Section 404 of the Clean Water Act. 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: 21-1266-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-202101586

Mark A. Havens

Chief Clerk

General Land Office

Filed: April 21, 2021


Official Notice to Vessel Owner/Operator

(Pursuant to §40.254, Tex Nat. Res. Code)

PRELIMINARY REPORT

Authority

This preliminary report and notice of violation was issued by the Deputy Director, Oil Spill Prevention and Response Division (OSPR), Texas General Land Office, on April 12, 2021.

Facts

Based on an investigation conducted by Texas General Land Office-Region 2 staff on March 10,2021, the Commissioner of the General Land Office (GLO), has determined that a 38' sailboat, vessel identified as GLO Vessel Tracking Number 2-85207 is in a wrecked, derelict and substantially dismantled condition without the consent of the commissioner. The vessel is located at Old Brazos River at old Western Seafood Dock. There are no names, markings or identification numbers on the vessel, consequently, it is impossible to determine the vessel's owner of record. The GLO determined that pursuant to OSPRA §40.254(b)(2)(B), that the vessel does not have. Finally, the GLO determined that, because of the vessel's location and condition, the vessel poses an unreasonable threat to public health & safety and welfare.

Violation

YOU ARE HEREBY GIVEN NOTICE, pursuant to the provisions of § 40.254 of the Texas Natural Resources Code, (OSPRA) that you are in violation of OSPRA §40.108(a) that prohibits a person from leaving, abandoning, or maintaining any structure or vessel in or on coastal waters, on public or private lands, or at a public or private port or dock if the structure or vessel is in a wrecked, derelict, or substantially dismantled condition, and the Commissioner determines the vessel is involved in an actual or threatened unauthorized discharge of oil; a threat to the public health, safety, and welfare; a threat to the environment; or a navigational hazard. The Commissioner is authorized by OSPRA §40.108(b) to dispose of or contract for the disposal of any vessel described in §40.108(a).

Recommendation

The Commissioner recommends that the vessel be removed from Texas coastal waters and disposed of in accordance with OSPRA §40.108.

The owner or operator of this vessel can request a hearing to contest the violation and the removal and disposal of the vessel. If the owner or operator wants to request a hearing, a request in writing must be made within ten (10) days of this notice being posted on the vessel. The request for a hearing must be sent to: Texas General Land Office, Oil Spill Prevention and Response Division, P.O. Box 12873, Austin, Texas 78711. Failure to request a hearing may result in the removal and disposal of the vessel by the GLO. If the GLO removes and disposes of the vessel, the GLO has authority under TNRC §40.108(b) to recover the costs of removal and disposal from the vessel's owner or operator. For additional information contact our office at (512) 463-2613.

TRD-202101572

Mark A. Havens

Chief Clerk

General Land Office

Filed: April 20, 2021


Official Notice to Vessel Owner/Operator

(Pursuant to §40.254, Tex Nat. Res.Code)

PRELIMINARY REPORT

Authority

This preliminary report and notice of violation was issued by the Deputy Director, Oil Spill Prevention and Response Division (OSPR), Texas General Land Office, on April 12, 2021.

Facts

Based on an investigation conducted by Texas General Land Office-Region 2 staff on March 10, 2021, the Commissioner of the General Land Office (GLO), has determined that a 32' sailboat identified as GLO Vessel Tracking Number 2-85208 is in a wrecked, derelict and substantially dismantled condition without the consent of the commissioner. The vessel is located at Old Brazos River and Veslasco Blvd in Brazoria County, TX.

The GLO determined that pursuant to OSPRA §40.254(b)(2)(B), that the vessel does have intrinsic value. The GLO has also determined that, because of the vessel's location and condition, the vessel poses a THREAT TO PUBLIC HEATH, SAFETY, OR WELFARE.

Violation

YOU ARE HEREBY GIVEN NOTICE, pursuant to the provisions of §40.254 of the Texas Natural Resources Code, (OSPRA) that you are in violation of OSPRA §40.108(a) that prohibits a person from leaving, abandoning, or maintaining any structure or vessel in or on coastal waters, on public or private lands, or at a public or private port or dock if the structure or vessel is in a wrecked, derelict, or substantially dismantled condition, and the Commissioner determines the vessel is involved in an actual or threatened unauthorized discharge of oil; a threat to the public health, safety, and welfare; a threat to the environment; or a navigational hazard. The Commissioner is authorized by OSPRA §40.108(b) to dispose of or contract for the disposal of any vessel described in §40.108(a).

Recommendation

The Deputy Director has determined the person responsible for abandoning this vessel (GLO Tracking Number 2-85208) and recommends that the Commissioner order the abandoned vessel be disposed of in accordance with OSPRA §40.108.

The owner or operator of this vessel can request a hearing to contest the violation and the removal and disposal of the vessel. If the owner or operator wants to request a hearing, a request in writing must be made within twenty (20) days of this notice being posted on the vessel. The request for a hearing must be sent to: Texas General Land Office, Oil Spill Prevention and Response Division, P.O. Box 12873, Austin, Texas 78711. Failure to request a hearing may result in the removal and disposal of the vessel by the GLO. If the GLO removes and disposes of the vessel, the GLO has authority under TNRC §40.108(b) to recover the costs of removal and disposal from the vessel's owner or operator. For additional information contact our office at (512) 463-2613.

TRD-202101585

Mark A. Havens

Chief Clerk

General Land Office

Filed: April 21, 2021


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-202101591

Barbara L. Klein

General Counsel

Department of State Health Services

Filed: April 21, 2021


Licensing Actions for Radioactive Materials (.pdf)

TRD-202101592

Barbara L. Klein

General Counsel

Department of State Health Services

Filed: April 21, 2021


Texas Department of Insurance

Company Licensing

Application to do business in the state of Texas for Technology Benefits Trust, a domestic Multiple Employer Welfare Arrangement (MEWA). The home office is in Austin, Texas.

Application for Imperial Insurance Companies, Inc., a domestic Health Maintenance Organization (HMO), DBA Imperial Health. The home office is in Dallas, Texas.

Application for incorporation in the state of Texas for Worth Insurance Company, a domestic fire and/or casualty company. The home office is in Fort Worth, Texas.

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 Robert Rudnai, 333 Guadalupe Street, MC 103-CL, Austin, Texas 78701.

TRD-202101579

James Person

General Counsel

Texas Department of Insurance

Filed: April 30, 2021


Texas Department of Licensing and Regulation

Course of Organized Instruction (COI) for Driving Safety

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in this document is not included in the print version of the Texas Register. The figure is available in the on-line version of the April 30, 2021, issue of the Texas Register.)

The Texas Department of Licensing and Regulation publishes the Course of Organized Instruction (COI) for Driving Safety. The COI for Driving Safety is incorporated by reference and to be considered with the proposed new rule at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.3; and proposed amendments to existing rules at Subchapter C, §84.44 and §84.45; Subchapter D, §84.50; Subchapter L, §84.400; Subchapter M, §§84.500 - 84.506; and Subchapter N, §84.600, regarding the Driver Education and Safety Program. The proposed amendments and new rule were published in the April 23, 2021, issue of the Texas Register (46 TexReg 2641).

Figure: Course of Organized Instruction (COI) for Driving Safety (.pdf)

TRD-202101589

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: April 21, 2021


Course of Organized Instruction (COI) for Specialized Driving Safety

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in this document is not included in the print version of the Texas Register. The figure is available in the on-line version of the April 30, 2021, issue of the Texas Register.)

The Texas Department of Licensing and Regulation publishes the Course of Organized Instruction (COI) for Specialized Driving Safety. The COI for Specialized Driving Safety is incorporated by reference and to be considered with the proposed new rule at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.3; and proposed amendments to existing rules at Subchapter C, §84.44 and §84.45; Subchapter D, §84.50; Subchapter L, §84.400; Subchapter M, §§84.500 - 84.506; and Subchapter N, §84.600, regarding the Driver Education and Safety Program. The proposed amendments and new rule were published in the April 23, 2021, issue of the Texas Register (46 TexReg 2641).

Figure: Course of Organized Instruction (COI) for Specialized Driving Safety (.pdf)

TRD-202101595

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: April 21, 2021


Program of Organized Instruction (POI) for Driver Education and Traffic Safety

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in this document is not included in the print version of the Texas Register. The figure is available in the on-line version of the April 30, 2021, issue of the Texas Register.)

The Texas Department of Licensing and Regulation publishes the Program of Organized Instruction (POI) for Driver Education and Traffic Safety. The POI for Driver Education and Traffic Safety is incorporated by reference and to be considered with the proposed new rule at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.3; and proposed amendments to existing rules at Subchapter C, §84.44 and §84.45; Subchapter D, §84.50; Subchapter L, §84.400; Subchapter M, §§84.500 - 84.506; and Subchapter N, §84.600, regarding the Driver Education and Safety Program. The proposed amendments and new rule were published in the April 23, 2021, issue of the Texas Register (46 TexReg 2641).

Figure: Program of Organized Instruction (POI) for Driver Education and Traffic Safety (.pdf)

TRD-202101593

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: April 21, 2021


Program of Organized Instruction (POI) for Driver Education and Traffic Safety (Adult Six-Hour)

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in this document is not included in the print version of the Texas Register. The figure is available in the on-line version of the April 30, 2021, issue of the Texas Register.)

The Texas Department of Licensing and Regulation publishes the Program of Organized Instruction (POI) for Driver Education and Traffic Safety (Adult Six-Hour). The POI for Driver Education and Traffic Safety (Adult Six-Hour) is incorporated by reference and to be considered with the proposed new rule at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.3; and proposed amendments to existing rules at Subchapter C, §84.44 and §84.45; Subchapter D, §84.50; Subchapter L, §84.400; Subchapter M, §§84.500 - 84.506; and Subchapter N, §84.600, regarding the Driver Education and Safety Program. The proposed amendments and new rule were published in the April 23, 2021, issue of the Texas Register (46 TexReg 2641).

Figure: Program of Organized Instruction (POI) for Driver Education and Traffic Safety (Adult Six-Hour) (.pdf)

TRD-202101594

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: April 21, 2021


Program of Organized Instruction (POI) for Drug and Alcohol Driving Awareness Programs (DADAP)

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in this document is not included in the print version of the Texas Register. The figure is available in the on-line version of the April 30, 2021, issue of the Texas Register.)

The Texas Department of Licensing and Regulation publishes the Program of Organized Instruction (POI) for Drug and Alcohol Driving Awareness Programs (DADAP). The POI-DADAP is incorporated by reference and to be considered with the proposed new rule at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.3; and proposed amendments to existing rules at Subchapter C, §84.44 and §84.45; Subchapter D, §84.50; Subchapter L, §84.400; Subchapter M, §§84.500 - 84.506; and Subchapter N, §84.600, regarding the Driver Education and Safety Program. The proposed amendments and new rule were published April 23, 2021, issue of the Texas Register (46 TexReg 2641).

Figure: Program of Organized Instruction (POI) for Drug and Alcohol Driving Awareness Programs (DADAP) (.pdf)

TRD-202101588

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: April 21, 2021


Texas Lottery Commission

Scratch Ticket Game Number 2294 "LUCKY 3"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2294 is "LUCKY 3". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2294 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2294.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 3X SYMBOL, $2.00, $3.00, $6.00, $9.00, $10.00, $20.00, $30.00, $60.00, $100, $1,000 and $30,000.

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

Figure 1: GAME NO. 2294 - 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 (2294), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 2294-0000001-001.

H. Pack - A Pack of the "LUCKY 3" Scratch Ticket Game contains 125 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One Ticket will be folded over to expose a front and back of one Ticket on each Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "LUCKY 3" Scratch Ticket Game No. 2294.

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 "LUCKY 3" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose twenty-three (23) 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 "3X " Play Symbol, the player wins TRIPLE 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 twenty-three (23) 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 twenty-three (23) 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 twenty-three (23) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the twenty-three (23) 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 ten (10) times.

D. On winning and Non-Winning Tickets, the top cash prizes of $1,000 and $30,000 will each appear at least once, except on Tickets winning ten (10) 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. 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.

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

H. All YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., $2 and 02, $6 and 06, $9 and 09, $10 and 10 and $20 and 20).

I. 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.

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

K. The "3X" (TRP) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

L. The "3X" (TRP) Play Symbol will never appear on a Non-Winning Ticket.

M. The "3X" (TRP) Play Symbol will never appear more than once on a Ticket.

N. The "3X" (TRP) Play Symbol will win TRIPLE the PRIZE for that Play Symbol and will win as per the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY 3" Scratch Ticket Game prize of $2.00, $3.00, $6.00, $9.00, $10.00, $18.00, $20.00, $30.00, $60.00 or $100, 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, $60.00 or $100 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "LUCKY 3" Scratch Ticket Game prize of $1,000 or $30,000, 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 "LUCKY 3" 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.

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 "LUCKY 3" 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 "LUCKY 3" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Prizes. There will be approximately 9,120,000 Scratch Tickets in Scratch Ticket Game No. 2294. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2294 - 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. 2294 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the 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. 2294, 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-202101575

Bob Biard

General Counsel

Texas Lottery Commission

Filed: April 20, 2021


Scratch Ticket Game Number 2349 "500X"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2349 is "500X". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2349 shall be $20.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2349.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 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, 56, 57, 58, 59, 60, 10X SYMBOL, 20X SYMBOL, 500X SYMBOL, $20.00, $30.00, $50.00, $100, $200, $500, $5,000, $25,000, $100,000 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. 2349 - 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 (2349), 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: 2349-0000001-001.

H. Pack - A Pack of the "500X" Scratch Ticket Game contains 025 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 025 while the other fold will show the back of Ticket 001 and front of 025.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "500X" Scratch Ticket Game No. 2349.

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 "500X" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose seventy-four (74) Play Symbols. BONUS PLAY INSTRUCTIONS: If a player reveals 2 matching prize amounts in the same BONUS, the player wins that amount. 500X PLAY INSTRUCTIONS: 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 "10X" Play Symbol, the player wins 10 TIMES the prize for that symbol. If the player reveals a "20X" Play Symbol, the player wins 20 TIMES the prize for that symbol. If the player reveals a "500X" Play Symbol, the player wins 500 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 seventy-four (74) 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 seventy-four (74) 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 seventy-four (74) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the seventy-four (74) 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. GENERAL: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.

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

C. BONUS: A non-winning Prize Symbol in a BONUS play area will never match a winning Prize Symbol in the other BONUS play area.

D. BONUS: A Ticket will not have matching non-winning Prize Symbols across the two (2) BONUS play areas.

E. KEY NUMBER MATCH: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 30 and $30).

F. KEY NUMBER MATCH: No matching non-winning YOUR NUMBERS Play Symbols on a Ticket.

G. KEY NUMBER MATCH: No matching WINNING NUMBERS Play Symbols on a Ticket.

H. KEY NUMBER MATCH: A non-winning Prize Symbol will never match a winning Prize Symbol.

I. KEY NUMBER MATCH: A Ticket may have up to five (5) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.

J. KEY NUMBER MATCH: The "10X" (WINX10) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.

K. KEY NUMBER MATCH: The "20X" (WINX20) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.

L. KEY NUMBER MATCH: The "500X" (WINX500) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "500X" Scratch Ticket Game prize of $20.00, $30.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and 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, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "500X" Scratch Ticket Game prize of $5,000, $25,000, $100,000 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 "500X" 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.

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

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Prizes. There will be approximately 8,040,000 Scratch Tickets in Scratch Ticket Game No. 2349. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2349 - 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. 2349 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the 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. 2349, 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-202101563

Bob Biard

General Counsel

Texas Lottery Commission

Filed: April 19, 2021


North Central Texas Council of Governments

Notice of Contract Award - Regional Rail Integration and Analytics System

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of contract award. The request appeared in the November 13, 2020, issue of the Texas Register (45 TexReg 8201). The selected entity will perform technical and professional work to Develop a Regional Rail Integration and Analytics System.

The entity selected for this project is Railinc Corporation, 7001 Weston Parkway, Suite 200, Cary, NC 27601. The amount of the contract is not to exceed $13,000,000. Phase I in an amount not to exceed $10,000,000 and Phase II in an amount not to exceed $3,000,000 is contingent on additional RTC funding allocations.

Issued in Arlington, Texas on April 20, 2021

TRD-202101576

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: April 20, 2021


Panhandle Regional Planning Commission

Legal Notice

The Panhandle Regional Planning Commission (PRPC) is soliciting proposals from qualified entities to operate an integrated One-stop Service Delivery System to deliver Workforce Development and Child Care program services in the 26 counties of the Texas Panhandle Workforce Development Area under a single contract.

Workforce Development and Child Care program services provided through the Service Delivery System include, but are not be limited to, those funded and governed by the Workforce Innovation and Opportunity Act, Wagner-Peyser Employment Services, Temporary Assistance for Needy Families and Noncustodial Parent/CHOICES, Supplemental Nutrition Assistance Program Employment and Training, and Child Care grants.

Proposers will be expected to demonstrate the capability to conduct workforce service delivery for all customers groups at the current level and also effectively incorporate the Panhandle Workforce Development Board's stated priorities. The initial term for any award resulting from this solicitation will be one year with the possibility for renewal for up to three additional years.

The proposal schedule is expected to be as follows:

Release Request for Proposals (RFP) - April 30, 2021

Proposers' Conference - May 12, 2021 at 10:00 a.m.

Questions may be submitted in writing to wdrfpquestions@theprpc.org

- no later than May 19, 2021 at 3:00 p.m.

Deadline for Submission - June 7, 2021 at 3:00 p.m.

A copy of the Request for Proposals (RFP) can be obtained Monday through Friday, 8:00 a.m. to 5:00 p.m., at 415 Southwest Eighth Ave., Amarillo, Texas 79101 or by download from the Workforce Development section of the Panhandle Regional Planning Commission website at http://www.theprpc.org/Programs/WorkforceDevelopment/wfprocurement.html

An Equal Opportunity Employer / Program Auxiliary aids and services are available upon request to individuals with disabilities

Relay Texas: 711

TRD-202101590

Leslie Hardin

Workforce Development Program Manager

Panhandle Regional Planning Commission

Filed: April 21, 2021


Permian Basin Regional Planning Commission

Request for Proposals - Permian Basin Economic Resiliency Plan

The Permian Basin Regional Planning Commission proposes to contract the services of a professional planner or entity to complete an economic development study and identify the opportunities for resiliency and diversification of the transportation industry in the Permian Basin region of Texas. The project will involve gathering data and identify the rural communities' most beneficial connective routes to the urban areas of Midland and Odessa, Interstate-20, Interstate-10, and the potential Interstate-27 corridor system. The research will also identify local assets available for development in communities. See complete RFP package at PBRPC.org. PBRPC is an EEO and LEP service provider.

TRD-202101562

Virginia Belew

Executive Director

Permian Basin Regional Planning Commission

Filed: April 16, 2021


Public Utility Commission of Texas

Notice of Application for Designation as an Eligible Telecommunications Carrier

Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 15, 2021, for designation as an eligible telecommunications carrier (ETC) in the State of Texas under 47 U.S.C. § 214(e) and 16 Texas Administrative Code §26.418.

Docket Title and Number: Application of Windstream Communications, LLC for Designation as an Eligible Telecommunications Carrier, Docket Number 52030.

The Application: Windstream seeks designation as an eligible telecommunications carrier (ETC) under 47 U.S.C. § 214(e) and 16 Texas Administrative Code §26.418.

Windstream seeks an ETC designation for the purpose of qualifying to receive federal support covering 55 census block groups in 327 eligible census blocks located in Angelina, Fort Bend, Harris, Jack, Liberty, Marion, Orange, Polk, Sabine, Winkler and Walker counties.

The proposed effective date is May 31, 2021, or 30 days after notice is published, whichever is later.

Persons wishing to file a motion to intervene or comments on the application should contact the commission no later than May 24, 2021, by mail at P.O. Box 13326, Austin, Texas 78711‑3326, or by phone at (512) 936‑7120 or toll-free at (888) 782-8477. Hearing and speech‑impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 52030.

TRD-202101564

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: April 19, 2021


Red River Authority of Texas

Request for Statement of Qualifications to Prepare a Regional Water Plan for the Regional Water Planning Group - Area B

The Red River Authority of Texas is the designated administrative agency for the Regional Water Planning Group - Area B. In this capacity, the Authority is requesting Statements of Qualifications (SOQ) from consulting engineers interested in preparing the 2026 Regional B Regional Water Plan, consistent with the requirements set forth in 31 TAC Chapters 355, 356, and 357. The deadline for submittal of SOQ's is 1:00 P.M. on Friday, May 14, 2021, with the final selection occurring by the Regional Water Planning Group - Area B at its meeting scheduled for May 26, 2021. At a minimum, the proposed project management shall possess professional engineering registration in the State of Texas. Additional information on the RFQ can be found at http://rra.texas.gov/RFQs/RWPGB-RFQ2021.pdf.

Respondents must submit one (1) electronic copy and ten (10) hard copies of their Statement of Qualifications by 1:00 P.M. on Friday, May 14, 2021. All responses should be submitted to:

Mr. Randy Whiteman, General Manager

Red River Authority of Texas

Chair, Regional Water Planning Group - Area B

Mailing: P.O. Box 240

Wichita Falls, Texas 76307

Physical: 3000 Hammon Road

Wichita Falls, Texas 76310

Email: info@rra.texas.gov

TRD-202101546

Randy Whiteman

General Manager

Red River Authority of Texas

Filed: April 14, 2021