IN ADDITION

Office of the Attorney General

Texas Health and Safety Code and Texas Water Code Settlement Notice

The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code and Texas Health and Safety Code. Before the State may enter into a voluntary settlement agreement, pursuant to section 7.110 of the Texas Water Code the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.

Case Title and Court: State of Texas v. Jose Flores Cabazos a/k/a Jose Flores Cavazos d/b/a Cabazos Homes; Cause No. D-1-GN-18-006881; in the 353rd Judicial District Court, Travis County, Texas.

Background: The State initiated the suit on behalf of the Texas Commission on Environmental Quality ("TCEQ"), involving a public drinking water system owned by Defendant Jose Flores Cabazos a/k/a Jose Flores Cavazos d/b/a Cabazos Homes. The suit alleged violations of the requirements applicable to suppliers of public drinking water, including ensuring that safe and adequate drinking water was provided to the customers. In addition, the State claimed that Defendant failed to prevent the dumping or disposal of municipal solid waste, and allowed unauthorized emissions of an air contaminant. These acts are in violation of the state drinking water regulations, regulations of the public water system, the Texas Solid Waste Disposal Act, the Texas Clean Air Act, TCEQ rules, and TCEQ administrative orders.

Proposed Settlement: The parties propose an Agreed Final Judgment which provides for an award of unpaid administrative penalties in the amount of $16,768.75, civil penalties in the amount of $13,000.00, plus attorney's fees and court costs to the State in the amount of $6,231.25.

For a complete description of the proposed settlement, the Agreed Final Judgment should be reviewed in its entirety. The proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas 78701, and copies may be obtained in person or by mail for the cost of copying. A copy is also lodged with the Travis County District Court. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Tyler J. Ryska, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, MC 066, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-202001206

Ryan L. Bangert

Deputy Attorney General for Legal Counsel

Office of the Attorney General

Filed: March 20, 2020


Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil - February 2020

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 February 2020 is $43.48 per barrel for the three-month period beginning on November 1, 2019, and ending January 31, 2020. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of February 2020, from a qualified low-producing oil lease, is not eligible for a credit on the oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period February 2020 is $1.26 per mcf for the three-month period beginning on November 1, 2019, and ending January 31, 2020. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of February 2020, 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 February 2020 is $50.66 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 February 2020, 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 February 2020 is $1.84 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 February 2020, from a qualified low-producing gas well.

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

TRD-202001235

William Hamner

Special Counsel for Tax Administration

Comptroller of Public Accounts

Filed: March 24, 2020


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/30/20 - 04/05/20 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/30/20 - 04/05/20 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-202001231

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 24, 2020


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 Everman Parkway Credit Union (Fort Worth) seeking approval to merge with America's Credit Union (Garland), with America's 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-202001201

John J. Kolhoff

Commissioner

Credit Union Department

Filed: March 19, 2020


Texas Council for Developmental Disabilities

Request for Applications: Leadership and Advocacy Training by Local Self-Advocacy Organization

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for one local self-advocacy organization to provide leadership and advocacy training to individuals with disabilities, students with developmental disabilities, individuals living in institutions, family members of people with disabilities, and other interested community members who do not fall into any of these categories.

Eligible applicants for this Request for Applications (RFA) are limited to local self-advocacy groups and organizations; however, applicants that do not have the capacity to receive funds can partner with an organization that can perform fiscal and administrative functions. Regardless of the involvement of a partner organization, self-advocates will take the lead on the project and conduct the training.

The funding amount for this RFA is open-ended based on activities proposed, but typical TCDD projects that address leadership and advocacy range from $25,000 to $150,000 per year. A maximum of one project will be funded for up to five years.

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

Additional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfps/funding-available-for-grants/. All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.

Deadline: Applications must be submitted by 1:00 p.m. CT on Tuesday, June 30, 2020. Applications will not be accepted after the due date.

TRD-202001246

Beth Stalvey

Executive Director

Texas Council for Developmental Disabilities

Filed: March 25, 2020


Request for Applications: Sexual Assault Prevention & Response Projects

The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for organizations to develop projects that will help reduce the number of people with intellectual and developmental disabilities (IDD) who are victims of sexual assault. Projects will work to increase the number of people who understand and can identify instances of sexual assault, as well as know how to report the crimes. Also, projects will ensure survivors have access to the appropriate formal and informal supports and services. Outcomes will be achieved through education, trainings, information sharing, and raising awareness. Groups that will be included in project activities will include people with IDD; their families, friends, and allies; and community stakeholders and organizations that provide services and supports.

TCDD has approved funding for up to 5 projects for up to $150,000 per year. Funds available for these projects are provided to TCDD by the U.S. Department of Health and Human Services, Administration on Disabilities, pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 10% of the total project costs are required for projects in federally designated poverty areas. Non-federal matching funds of at least 25% of total project costs are required for projects in other areas.

Additional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfps/funding-available-for-grants/. All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.

Deadline: Applications must be submitted by 1:00 p.m. CT on Tuesday, June 30, 2020. Applications will not be accepted after the due date.

TRD-202001247

Beth Stalvey

Executive Director

Texas Council for Developmental Disabilities

Filed: March 25, 2020


Texas Education Agency

Public Notice: Extension of Public Comment Periods for Commissioner Rule Proposals

Texas Education Agency (TEA) published Proposed New 19 TAC Chapter 129, Student Attendance, Subchapter BB, Commissioner's Rules Concerning Truancy Prevention Measures and Sanctions, §129.1049, Truancy Reporting Requirements, in the February 21, 2020 issue of the Texas Register (45 TexReg 1166). TEA is extending the end date of the public comment period on proposed new 19 TAC §129.1049 from March 23, 2020, to April 17, 2020.

TEA published Proposed Amendment to 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments, Division 1, Assessments of English Language Proficiency and Academic Content for English Language Learners, §101.1003, English Language Proficiency Assessments, in the February 28, 2020 issue of the Texas Register (45 TexReg 1295). TEA is extending the end date of the public comment period on the proposed amendment to 19 TAC §101.1003 from March 30, 2020, to April 17, 2020.

TEA published Proposed Amendment to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter DD, Instructional Materials Portal, §66.1403, Instructional Materials to be Included in the Instructional Materials Portal, in the March 6, 2020 issue of the Texas Register (45 TexReg 1530). TEA is extending the end date of the public comment period on the proposed amendment to 19 TAC §66.1403 from April 6, 2020, to April 17, 2020.

A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/. Comments on the proposal may also be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

Further Information. For clarifying information about this notice, contact Rulemaking, TEA, (512) 475-1497.

TRD-202001242

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: March 25, 2020


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 4, 2020. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 4, 2020. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: Aqua Texas, Incorporated; DOCKET NUMBER: 2019-1711-PWS-E; IDENTIFIER: RN101199495; LOCATION: Huffman, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.108(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 15 picoCuries per liter for gross alpha particle activity based on the running annual average; PENALTY: $405; ENFORCEMENT COORDINATOR: Amanda Conner, (512) 239-2521; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: Aqua Utilities, Incorporated; DOCKET NUMBER: 2019-1503-PWS-E; IDENTIFIER: RN101271922; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(3)(P), by failing to provide an all-weather access road to the well site; 30 TAC §290.45(b)(1)(C)(i) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a well capacity of 0.6 gallons per minute (gpm) per connection; 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps with a total capacity of 2.0 gpm per connection at each pump station or pressure plane; 30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; and 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition and free of excessive solids; PENALTY: $3,370; ENFORCEMENT COORDINATOR: Marla Waters, (512) 239-4712; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Aqua Utilities, Incorporated; DOCKET NUMBER: 2019-1500-PWS-E; IDENTIFIER: RN102688090; LOCATION: Denton, Denton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315, by failing to maintain a disinfectant residual of at least 0.2 milligrams per liter of free chlorine throughout the distribution system at all times; PENALTY: $325; ENFORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Asphalt Incorporated, LLC; DOCKET NUMBER: 2019-1626-AIR-E; IDENTIFIER: RN110255965; LOCATION: Center Point, Kerr County; TYPE OF FACILITY: asphalt plant; RULES VIOLATED: 30 TAC §101.20(1) and §116.115(c), 40 Code of Federal Regulations §60.92(a)(1), Standard Permit Registration Number 150643, Air Quality Standard Permit for Hot Mix Asphalt Plants, Special Conditions Number (1)(K)(ii), and Texas Health and Safety Code, §382.085(b), by failing to comply with the outlet grain loading limits; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 14250 Judson Road San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Bell County Water Control and Improvement District 2; DOCKET NUMBER: 2019-1788-PWS-E; IDENTIFIER: RN101425106; LOCATION: Little River-Academy, Bell County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.5 milligram per liter of chloramine (measured as total chlorine) throughout the distribution system at all times; PENALTY: $205; ENFORCEMENT COORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(6) COMPANY: COOK THE PAINTER, LLC.; DOCKET NUMBER: 2019-1604-MSW-E; IDENTIFIER: RN106872443; LOCATION: Houston, Harris County; TYPE OF FACILITY: tire transporter; RULES VIOLATED: 30 TAC §328.60(a) and Texas Health and Safety Code (THSC), §361.112(a), by failing to obtain a scrap tire storage site registration for the facility, prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in enclosed and lockable container; and 30 TAC §328.71(g) and §37.3011, by failing to demonstrate financial assurance for the closure, post closure, and corrective action for the facility; PENALTY: $16,946; ENFORCEMENT COORDINATOR: Hailey Johnson, (512) 239-1756; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: East Newton Water Supply Corporation; DOCKET NUMBER: 2019-1358-PWS-E; IDENTIFIER: RN101270130; LOCATION: Newton, Newton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay annual Public Health Service fees and/or any associated late fees for TCEQ Financial Administration Account Number 91760004 for Fiscal Years 2018 and 2019; 30 TAC §290.106(e) and §290.107(e), by failing to provide the results of nitrate and volatile organic chemical contaminants sampling to the executive director (ED) for the January 1, 2018 - December 31, 2018, monitoring period; 30 TAC §§290.106(e), 290.107(e), and 290.108(e), by failing to provide the results of metals and minerals, synthetic organic chemicals contaminants (Method 504, 515, and 531), and radionuclides sampling to the ED for the January 1, 2016 - December 31, 2018, monitoring period; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to submit a Disinfection Level Quarterly Operating Report for the second quarter of 2017 through the first quarter of 2018 monitoring periods, and regarding the failure to collect lead and copper tap samples for the January 1, 2015 - December 31, 2017, monitoring period; and 30 TAC §291.76 and TWC, §5.702, by failing to pay regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 11338 for calendar years 2017 and 2018; PENALTY: $850; ENFORCEMENT COORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(8) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2019-1072-AIR-E; IDENTIFIER: RN100216761; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§115.722(c)(1), 116.115(c), and 122.143(4), New Source Review (NSR) Permit Numbers 9423 and N202, Special Conditions (SC) Number 1, Federal Operating Permit (FOP) Number O1419, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 15, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions and failing to limit highly reactive volatile organic compounds emissions to 1,200 lbs or less per one-hour block period; 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), NSR Permit Numbers 9423 and N202, SC Number 1, FOP Number O1419, GTC and STC Number 15, and THSC, §382.085(b), by failing to comply with the maximum allowable emissions rate; and 30 TAC §116.115(c) and §122.143(4), NSR Permit Numbers 9423 and N202, SC Number 1, FOP Number O1419, GTC and STC Number 15, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $35,363; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $14,145; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2019-1306-AIR-E; IDENTIFIER: RN102579307; LOCATION: Baytown, Harris County; TYPE OF FACILITY: petroleum refinery plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.715(a), and 122.143(4), Flexible Permit Numbers 1828 and PSDTX730M4, Consent Decree Requirements Number 31, Federal Operating Permit (FOP) Number O1229, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 32, and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the emissions limit; and 30 TAC §115.764(a)(6) and §122.143(4), FOP Number O1229, GTC and STC Number 1.A, and THSC, §382.085(b), by failing to perform manual sampling of the cooling tower water for total and speciated highly reactive volatile organic compounds (HRVOC) analysis during out-of-order periods of the on-line HRVOC monitor of 24 hours or greater; PENALTY: $19,938; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $7,975; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Felix Energy Holdings II, LLC; DOCKET NUMBER: 2019-1189-AIR-E; IDENTIFIER: RN110608072; LOCATION: Pyote, Ward County; TYPE OF FACILITY: oil and gas tank battery; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to constructing or modifying a source of air contaminants; PENALTY: $50,000; ENFORCEMENT COORDINATOR: Amanda Diaz, (512) 239-2601; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(11) COMPANY: Forestar (USA) Real Estate Group Incorporated; DOCKET NUMBER: 2019-1510-EAQ-E; IDENTIFIER: RN105301543; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: residential development; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(12) COMPANY: HAMPTON COMMERCIAL, INC dba Hampton Food Mart; DOCKET NUMBER: 2019-1651-PST-E; IDENTIFIER: RN100586163; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(4) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (USTs) system; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once every 30 days; PENALTY: $13,500; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 239-4872; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Kingsville Independent School District; DOCKET NUMBER: 2019-1555-PST-E; IDENTIFIER: RN101873024; LOCATION: Kingsville, Kleberg County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.7(e)(2), by failing to completely and accurately fill out an underground storage tank (UST) registration form; 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to inspect and test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; and 30 TAC §334.602(a), by failing to designate, train, and certify at least one named individual for each class of operator, Class A, Class B, and Class C for the facility; PENALTY: $11,350; ENFORCEMENT COORDINATOR: Hailey Johnson, (512) 239-1756; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200 Corpus Christi, Texas 78412-5839, (361) 825-3100.

(14) COMPANY: Motiva Enterprises LLC; DOCKET NUMBER: 2019-0491-AIR-E; IDENTIFIER: RN100519651; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: bulk fuel terminal; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), New Source Review Permit Number 1285, Special Conditions Number 1, Federal Operating Permit Number O2713, General Terms and Conditions and Special Terms and Conditions Number 13, and Texas Health and Safety Code, §382.085(b), by failing to comply with the maximum allowable emissions rates; PENALTY: $35,550; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $14,220; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Port Comfort Power LLC; DOCKET NUMBER: 2019-1726-AIR-E; IDENTIFIER: RN108462102; LOCATION: Port Comfort, Calhoun County; TYPE OF FACILITY: electric generation plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Federal Operating Permit Number O3917, General Terms and Conditions, and Texas Health and Safety Code, §382.085(b), by failing to submit a deviation report no later than 30 days after the end of each reporting period; PENALTY: $1,375; ENFORCEMENT COORDINATOR: Richard Garza, (512) 239-2697; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(16) COMPANY: PRINTPACK, INCORPORATED; DOCKET NUMBER: 2019-1639-IWD-E; IDENTIFIER: RN102076163; LOCATION: Orange, Orange County; TYPE OF FACILITY: plastic film extrusion plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0002858000, Effluent Limitations and Monitoring Requirements Number 1, Outfall Number 001 and 101, by failing to comply with permitted effluent limitations; PENALTY: $16,312; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $6,525; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(17) COMPANY: Shintech Incorporated; DOCKET NUMBER: 2019-1664-AIR-E; IDENTIFIER: RN100213198; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(c), and 122.143(4), New Source Review Permit Numbers 9347 and PSDTX285M5, Special Conditions Number 1, Federal Operating Permit Number O1361, General Terms and Conditions and Special Terms and Conditions Number 11, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $6,263; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: South Texas Mining Venture L.L.P. dba Hobson Mining Project; DOCKET NUMBER: 2019-1251-WDW-E; IDENTIFIER: RN102342995; LOCATION: Hobson, Karnes County; TYPE OF FACILITY: uranium mining and refinement; RULES VIOLATED: 30 TAC §305.125(1) and §331.67(a)(1)(B), 40 Code of Federal Regulations §146.67(f), and Underground Injection Control (UIC) Permit Number Waste Disposal Well (WDW) 168, Permit Provision (PP) IX. Recordkeeping Requirements, by failing to keep complete and accurate records of all monitoring according to permit requirements; 30 TAC §331.4 and §331.64(d)(4)(A) and UIC Permit Number WDW168, PP VII.F, Operating Parameters, by failing to cease injection of waste fluids when monitoring indicates a loss of mechanical integrity has been detected; and 30 TAC §331.64(g) and UIC Permit Number WDW168, PP VIII.H, Monitoring and Testing Requirements, by failing to conduct corrosion monitoring of well materials on a quarterly basis; PENALTY: $11,581; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(19) COMPANY: Targa Midstream Services LLC; DOCKET NUMBER: 2019-1700-AIR-E; IDENTIFIER: RN109347666; LOCATION: Garden City, Reagan County; TYPE OF FACILITY: compressor station; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Federal Operating Permit Number O4047/General Operating Permit Number 514, Site-wide Requirements Number (b)(2), and Texas Health and Safety Code, §382.085(b), by failing to submit a deviation report no later than 30 days after the end of each reporting period; PENALTY: $2,888; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(20) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2019-1485-IWD-E; IDENTIFIER: RN100225945; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: industrial chemical plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0000007000, Outfall Number 002, Effluent Limitations and Monitoring Requirements (ELMR) Number 1, Outfall Number 004, ELMR Number 2, Outfall Number 301, ELMR Number 1, Outfall Number 501, ELMR Number 1, Outfall Number 701, and ELMR Number 1; by failing to comply with permitted effluent limitations; PENALTY: $20,250; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $8,100; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(21) COMPANY: Total Petrochemicals & Refining USA, Incorporated; DOCKET NUMBER: 2019-1792-AIR-E; IDENTIFIER: RN104751169; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(c), New Source Review Permit Number 76852, Special Conditions Number 1, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(22) COMPANY: voestalpine Texas LLC; DOCKET NUMBER: 2018-1266-MLM-E; IDENTIFIER: RN106597875; LOCATION: Portland, San Patricio County; TYPE OF FACILITY: direct reduced iron/hot briquetting iron production plant; RULES VIOLATED: 30 TAC §101.4 and Texas Health and Safety Code (THSC), §382.085(a) and (b), by failing to prevent nuisance conditions; 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c), New Source Review (NSR) Permit Numbers 108113 and PSDTX1344M1, General Conditions (GC) Numbers 1, 8, and 14 and Special Conditions (SC) Number 1, and THSC, §382.085(b), by failing to comply with the maximum allowable emissions rate (MAER); 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), NSR Permit Numbers 108113 and PSDTX1344M1, GC Numbers 1, 8, and 14 and SC Number 1, Federal Operating Permit Number O3903, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 7, and THSC, §382.085(b), by failing to comply with the MAER; 30 TAC §101.20(3) and §116.115(c), NSR Permit Numbers 108113 and PSDTX1344M1, SC Numbers 6 and 7, and THSC, §382.085(b), by failing to conduct quarterly visible emissions observations; 30 TAC §101.20(3) and §116.115(c), NSR Permit Numbers 108113 and PSDTX1344M1, SC Number 17, and THSC, §382.085(b), by failing to store iron ore pellets in enclosed storage; 30 TAC §101.20(3) and §116.115(c), NSR Permit Numbers 108113 and PSDTX1344M1, SC Number 25A, and THSC, §382.085(b), by failing to sample the cooling water once a day for conductivity or monitor the cooling water continuously for conductivity; 30 TAC §101.20(3) and §116.115(c), NSR Permit Numbers 108113 and PSDTX1344M1, SC Number 25A, and THSC, §382.085(b), by failing to sample the cooling water for the concentration of total dissolved solids once a week; 30 TAC §101.20(3) and §116.115(c), NSR Permit Numbers 108113 and PSDTX1344M1, SC Number 30, and THSC, §382.085(b), by failing to conduct daily visible emissions observations for the wet scrubbers; 30 TAC §101.20(3) and §116.115(c), NSR Permit Numbers 108113 and PSDTX1344M1, SC Number 42D, and THSC, §382.085(b), by failing to maintain records for the quarterly inspections; 30 TAC §101.20(3) and §116.115(c), TWC, §26.121(a)(1), NSR Permit Numbers 108113 and PSDTX1344M1, SC Number 7, and THSC, §382.085(b), by failing to prevent fugitive emissions from leaving the property from process buildings or fugitive sources resulting in the unauthorized discharge of industrial waste into or adjacent to any water in the state; 30 TAC §106.6(c) and §106.261, Permit By Rule Registration Number 147082, and THSC, §382.085(b), by failing to comply with the certified emissions rate; 30 TAC §116.110(a) and §116.116(b)(1) and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit amendment prior to constructing and operating additional sources of air contaminants; 30 TAC §281.25(a)(4) and §305.125(1), 40 Code of Federal Regulations (CFR) §122.26(c), and Texas Pollutant Discharge Elimination System (TPDES) Multi-Sector General Permit (MSGP) Number TXR05CR67, Part III, Section A.3(d)(1), by failing to identify all stormwater outfalls at the plant; 30 TAC §281.25(a)(4) and §305.125(1), 40 CFR §122.26(c), and TPDES MSGP Number TXR05CR67, Part III, Section A.4(f)(1), by failing to conduct employee training at least once per year; 30 TAC §281.25(a)(4) and §305.125(1), 40 CFR §122.26(c), and TPDES MSGP Number TXR05CR67, Part III, Section B.1(c), by failing to certify that the plant's stormwater system has been evaluated and that discharges of non-stormwater and non-permitted flows do not occur; and 30 TAC §281.25(a)(4) and §305.125(1), 40 CFR §122.26(c), and TPDES MSGP Number TXR05CR67, Part IV, Section B.1(a), by failing to conduct benchmark monitoring once every six months (January - June or July - December), following permit issuance and then once each subsequent semiannual period; PENALTY: $658,926; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $263,570; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(23) COMPANY: West Harris County Municipal Utility District Number 9; DOCKET NUMBER: 2019-1450-PWS-E; IDENTIFIER: RN101397552; LOCATION: Houston, Texas, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.108(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 15 picoCuries per liter for gross alpha particle activity based on the running annual average; PENALTY: $345; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (361) 825-3425; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-202001227

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 24, 2020


Cancellation Notice of Public Meeting on Proposed Remedial Action

The Texas Commission on Environmental Quality (TCEQ), published Notice of Public Meeting on Proposed Remedial Action in the March 20, 2020, issue of the Texas Register (45 TexReg 2071) in accordance with Texas Health and Safety Code (THSC), §361.187 and 30 Texas Administrative Code, §335.349(a).

The public meeting concerning the proposed remedy for the Ballard Pits Proposed State Superfund Site (the site), scheduled for April 23, 2020, in Corpus Christi, Nueces County, Texas has been cancelled until further notice. Statutory time periods prompted by the public meeting, such as the good faith offer time period prescribed under THSC, §361.187(d), are postponed until the public meeting is rescheduled.

For further information about the site or the public meeting, please call Crystal Taylor, TCEQ Community Relations Liaison, at (800) 633-9363.

TRD-202001187

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 18, 2020


Cancellation Notice of Public Meeting on Proposed Remedial Action

The Texas Commission on Environmental Quality (TCEQ) published Notice of Public Meeting on Proposed Remedial Action in the March 6, 2020, issue of the Texas Register (45 TexReg 1736) in accordance with Texas Health and Safety Code (THSC), §361.187 and 30 Texas Administrative Code §335.349(a). This notice was also published in the Grapeland Messenger and the Houston County Courier on March 5, 2020.

The public meeting concerning the proposed remedy for the McBay Oil and Gas State Superfund Site (the site), scheduled for April 9, 2020, in Grapeland, Houston County, Texas has been cancelled until further notice. Statutory time periods prompted by the public meeting, such as the good faith offer time period prescribed under THSC, §361.187(d), are postponed until the public meeting is rescheduled.

For further information about the site or the public meeting, please call John Flores, TCEQ Community Relations Liaison, at (800) 633-9363.

TRD-202001222

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 24, 2020


Enforcement Orders

An agreed order was adopted regarding RZ Traders Inc dba Pride Food Store, Docket No. 2018‑1311‑PST‑E on March 24, 2020, assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting John S. Merculief II, 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 the City of Shiner, Docket No. 2018‑1330‑PWS‑E on March 24, 2020, assessing $315 in administrative penalties with $63 deferred. Information concerning any aspect of this order may be obtained by contacting Marla Waters, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Lewis Eugene Roland, Docket No. 2018‑1391‑MSW‑E on March 24, 2020, assessing $3,375 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Vas Manthos, 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 the City of Orange, Docket No. 2018‑1631‑PWS‑E on March 24, 2020, assessing $360 in administrative penalties with $72 deferred. Information concerning any aspect of this order may be obtained by contacting Julianne Dewar, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding ILP College Station LLC, Docket No. 2019‑0088‑PWS‑E on March 24, 2020, assessing $389 in administrative penalties with $77 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding S & Y Inc., Docket No. 2019‑0099‑PST‑E on March 24, 2020, assessing $6,250 in administrative penalties with $1,250 deferred. Information concerning any aspect of this order may be obtained by contacting Alain Elegbe, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Albemarle Corporation, Docket No. 2019‑0115‑AIR‑E on March 24, 2020, assessing $3,075 in administrative penalties with $615 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Diaz, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding AMN Business Group Inc. dba AAA 2, Docket No. 2019‑0213‑PST‑E on March 24, 2020, assessing $4,718 in administrative penalties with $943 deferred. Information concerning any aspect of this order may be obtained by contacting Hailey Johnson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Saad & Sidra, LLC dba Huggy Bear Corner Store, Docket No. 2019‑0243‑PST‑E on March 24, 2020, assessing $3,833 in administrative penalties with $766 deferred. Information concerning any aspect of this order may be obtained by contacting Hailey Johnson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding J & T TRANSPORT, INC., Docket No. 2019‑0466‑PST‑E on March 24, 2020, assessing $2,515 in administrative penalties with $503 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler Richardson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding WDL, LLC, Docket No. 2019‑0496‑PWS‑E on March 24, 2020, assessing $607 in administrative penalties with $121 deferred. Information concerning any aspect of this order may be obtained by contacting Marla Waters, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Taft, Docket No. 2019‑0512‑PWS‑E on March 24, 2020, assessing $3,428 in administrative penalties with $685 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Weatherford Aerospace, LLC, Docket No. 2019‑0564‑AIR‑E on March 24, 2020, assessing $5,437 in administrative penalties with $1,087 deferred. Information concerning any aspect of this order may be obtained by contacting Richard Garza, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding J & J'S PROPERTY INVESTMENT, LLC and John Son Le dba J & J'S PROPERTY INVESTMENT, LLC, Docket No. 2019‑0565‑PWS‑E on March 24, 2020, assessing $2,378 in administrative penalties with $475 deferred. Information concerning any aspect of this order may be obtained by contacting Marla Waters, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Lone Star Ranch Stores, LLC dba Lone Star Ranch 2, Docket No. 2019‑0616‑PST‑E on March 24, 2020, assessing $4,875 in administrative penalties with $975 deferred. Information concerning any aspect of this order may be obtained by contacting Hailey Johnson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Clegg Industries, Inc., Docket No. 2019‑0817‑AIR‑E on March 24, 2020, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Johnnie Wu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Stonetown Pleasant Oaks, LLC, Docket No. 2019‑0868‑MWD‑E on March 24, 2020, assessing $5,300 in administrative penalties with $1,060 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding J W Heidelberg Jr., Docket No. 2019‑0968‑MSW‑E on March 24, 2020, assessing $1,250 in administrative penalties with $250 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler Richardson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Pine Lake Water Supply Corporation, Docket No. 2019‑1029‑PWS‑E on March 24, 2020, assessing $112 in administrative penalties with $22 deferred. Information concerning any aspect of this order may be obtained by contacting Marla Waters, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Colorado County Water Control and Improvement District 2, Docket No. 2019‑1150‑PWS‑E on March 24, 2020, assessing $357 in administrative penalties with $71 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Masco Cabinetry LLC, Docket No. 2019‑1199‑AIR‑E on March 24, 2020, assessing $4,313 in administrative penalties with $862 deferred. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Monarch Utilities I L.P., Docket No. 2019‑1209‑PWS‑E on March 24, 2020, assessing $575 in administrative penalties with $115 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding REXCO, INC., Docket No. 2019‑1218‑WQ‑E on March 24, 2020, assessing $5,000 in administrative penalties with $1,000 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Chevron Phillips Chemical Company LP, Docket No. 2019‑1336‑AIR‑E on March 24, 2020, assessing $4,163 in administrative penalties with $832 deferred. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding PENTA OPERATING, LLC dba Penta Petro, Docket No. 2019‑1382‑PST‑E on March 24, 2020, assessing $1,505 in administrative penalties with $301 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler Smith, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Clay D. Mathis dba Big Daddys RV Park, Docket No. 2019‑1434‑PWS‑E on March 24, 2020, assessing $484 in administrative penalties with $96 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Duncan, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Coby Allen De La Garza, Docket No. 2019‑1459‑OSI‑E on March 24, 2020, assessing $175 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Lowell Underwood, Docket No. 2019‑1487‑WR‑E on March 24, 2020, assessing $275 in administrative penalties with $55 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Joseph T. Vick, Sr., Docket No. 2019‑1612‑WOC‑E on March 24, 2020, assessing $175 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Aaron Vincent, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202001238

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 25, 2020


Enforcement Orders

A default order was adopted regarding JIMBO'S ROAD HOUSE, LLC, Docket No. 2018‑1112‑PWS‑E on March 25, 2020, assessing $180 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ian Groetsch, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Robert Lee, Docket No. 2018‑1223‑MWD‑E on March 25, 2020, assessing $27,125 in administrative penalties with $5,425 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding BuckSaver, LLC, Docket No. 2018‑1241‑PST‑E on March 25, 2020, assessing $18,775 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting John Merculief, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding TEXAS NEW HORIZON, INC. dba Merito Food Mart, Docket No. 2018‑1370‑PST‑E on March 25, 2020, assessing $18,775 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, 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 OXY USA Inc., Docket No. 2018‑1470‑PWS‑E on March 25, 2020, assessing $159 in administrative penalties with $159 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Brighton Manor Apartments, L. P., Docket No. 2018‑1606‑PWS‑E on March 25, 2020, assessing $340 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Blanchard Refining Company LLC, Docket No. 2019‑0232‑AIR‑E on March 25, 2020, assessing $125,563 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding BASF Corporation, Docket No. 2019‑0301‑AIR‑E on March 25, 2020, assessing $22,500 in administrative penalties with $4,500 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Diaz, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Laredo Petroleum, Inc., Docket No. 2019‑0420‑AIR‑E on March 25, 2020, assessing $60,000 in administrative penalties with $12,000 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Sunoco LLC dba Sunoco Energy Services Nacogdoches, Docket No. 2019‑0472‑PST‑E on March 25, 2020, assessing $30,811 in administrative penalties with $6,162 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler Smith, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A default order was adopted regarding LAKESHORE UTILITY COMPANY, Docket No. 2019‑0531‑PWS‑E on March 25, 2020, assessing $1,736 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jaime Garcia, 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 COMBINE RETAIL LLC dba Beaumont Chevron, Docket No. 2019‑0573‑PST‑E on March 25, 2020, assessing $13,178 in administrative penalties with $2,635 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler Smith, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Exxon Mobil Corporation, Docket No. 2019‑0641‑AIR‑E on March 25, 2020, assessing $42,935 in administrative penalties with $8,587 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding TEDA TPCO America Corporation, Docket No. 2019‑0873‑AIR‑E on March 25, 2020, assessing $10,500 in administrative penalties with $2,100 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Blanco, Docket No. 2019‑0882‑PWS‑E on March 25, 2020, assessing $514 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Marla Waters, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Idalou, Docket No. 2019‑0885‑PWS‑E on March 25, 2020, assessing $160 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Miles Wehner, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202001244

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 25, 2020


Notice of Correction to Agreed Order Number 11

In the November 16, 2018, issue of the Texas Register (43 TexReg 7564), the Texas Commission on Environmental Quality (commission) published notice of Agreed Orders, specifically Item Number 11, for LCY Elastomers LP, Docket Number 2018-1104-IWD-E. The error is as submitted by the commission.

The reference to the Docket Number should be corrected to read: "PENALTY: $30,000; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $12,000."

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

TRD-202001229

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 24, 2020


Notice of Opportunity to Comment on an Agreed Order of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Order (AO) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. TWC, §7.075, requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 4, 2020. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of the proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on May 4, 2020. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: SAI JBA dba Tijuana Grocery; DOCKET NUMBER: 2018-1272-PST-E; TCEQ ID NUMBER: RN102443538; LOCATION: 3401 Decatur Avenue, Fort Worth, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (B) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date. Specifically, the delivery certificate expired on October 31, 2016; TWC, §26.3467(a) and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST. Specifically, five fuel deliveries were accepted at the facility on August 18, 2017, September 21, 2017, November 16, 2017, February 8, 2018, and June 29, 2018 without a delivery certificate; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system. Specifically, respondent did not conduct the annual line leak detector test on UST Number 1, Compartment B; and 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met. Specifically, overfill prevention records were not available for review; PENALTY: $10,751; STAFF ATTORNEY: Taylor Pearson, Litigation Division, MC 175, (512) 239-5937; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-202001224

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 24, 2020


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Order (S/DO). Texas Water Code (TWC), §26.3475, authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 4, 2020. The commission will consider any written comments received and the commission may withdraw or withhold approval of an S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on May 4, 2020. Written comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission attorney is available to discuss the S/DO and/or the comment procedure at the listed phone number; however, comments on the S/DO shall be submitted to the commission in writing.

(1) COMPANY: IDRIS INVESTMENTS, INC. dba AFG Food Mart; DOCKET NUMBER: 2019-0844-PST-E; TCEQ ID NUMBER: RN104004197; LOCATION: 1500 Everman Parkway, Fort Worth, Tarrant County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every 30 days; and 30 TAC §334.605(a) and (b), by failing to ensure that a certified Class A, B, and C operator is re-trained within three years of the last training date; PENALTY: $5,650; STAFF ATTORNEY: Kevin Bartz, Litigation Division, MC 175, (512) 239-6225; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-202001223

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 24, 2020


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 May 4, 2020. 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 May 4, 2020. 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: Felipe Guajardo; DOCKET NUMBER: 2018-1449-MSW-E; TCEQ ID NUMBER: RN110024684; LOCATION: Mile 12.5 Road and North Western Road, Mission, Hidalgo County (Hidalgo County Appraisal District Legal Description: TEXAN GARDENS LT 7 BLK 40 10.00 AC); TYPE OF FACILITY: unauthorized municipal solid waste (MSW) site; RULES VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW; PENALTY: $2,625; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: Glendale Water Supply Corporation; DOCKET NUMBER: 2018-1399-PWS-E; TCEQ ID NUMBER: RN101436319; LOCATION: State Highway 94 approximately five miles northeast of Trinity, Trinity County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.0315(c) and 30 TAC §290.115(f)(1), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes (TTHM) based on the locational running annual average; 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required 20 sample sites, have the samples analyzed, and submit the results to the executive director (ED); 30 TAC §290.117(i)(6) and (j), by failing to provide consumer notification of lead tap water monitoring results to persons served at the sites (taps) that were tested, and failing to mail a sample copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to collect water quality parameter samples; and 30 TAC §290.115(e)(2), by failing to conduct an operation evaluation and submit a written operation evaluation report to the ED within 90 days after being notified of the analytical result that caused the exceedance of the operational evaluation level for TTHM for Stage 2 Disinfection Byproducts at Site 2 during the fourth quarter of 2017; PENALTY: $1,110; STAFF ATTORNEY: Kevin Bartz, Litigation Division, MC 175, (512) 239-6225; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: Serapio Lara and Lydia Lara; DOCKET NUMBER: 2019-0828-MSW-E; TCEQ ID NUMBER: RN110396421; LOCATION: 2650 Farm-to-Market Road 3175, Lytle, Atascosa County; TYPE OF FACILITY: residential property with an unauthorized municipal solid waste (MSW) site; RULES VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW; PENALTY: $1,312; STAFF ATTORNEY: Taylor Pearson, Litigation Division, MC 175, (512) 239-5937; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: TANK WORKS, INC. dba Brazos Bend Home & Ranch; DOCKET NUMBER: 2018-1611-PWS-E; TCEQ ID NUMBER: RN101176592; LOCATION: 22930 Farm-to-Market Road 1462 near Needville, Fort Bend County; TYPE OF FACILITY: public water system; RULES VIOLATED: TCEQ DO Docket Number 2016-1743-PWS-E, Ordering Provision Number 3.a.iii., by failing to issue public notification and submit a copy of the notification to the executive director (ED) regarding the failure to conduct routine coliform monitoring; TCEQ DO Docket Number 2016-1743-PWS-E, Ordering Provision Numbers 3.a.iii. and 3.a.iv., by failing to report the results of nitrate sampling to the ED and failing to issue public notification and submit a copy of the notification to the ED regarding the failure to report the results of nitrate sampling; TCEQ DO Docket Number 2016-1743-PWS-E, Ordering Provision Numbers 3.a.iii. and 3.a.iv., by failing to report the results of secondary constituent sampling to the ED, and failing to issue public notification and submit a copy of the notification to the ED regarding the failure to report the results of secondary constituent sampling; TCEQ DO Docket Number 2016-1743-PWS-E, Ordering Provision Number 3.a.iii., by failing to issue public notification and submit a copy of the notification to the ED regarding the failure to conduct repeat coliform monitoring; PENALTY: $1,659; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Houston Regional Office, 5424 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-202001225

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 24, 2020


Texas Health and Human Services Commission

Criminal History Requirements for Child Care Operations

26 TAC §745.661 (relating to What types of criminal convictions may affect a person's ability to be present at an operation?) states that the three charts listed in subsection (a) of this section are updated annually and published every January in the Texas Register as an "In Addition" document. The three charts are entitled: (1) Licensed or Certified Child Care Operations: Criminal History Requirements; (2) Foster or Adoptive Placements: Criminal History Requirements; and (3) Registered Child Care Homes and Listed Family Homes: Criminal History Requirements. On February 7, 2020, the charts and the proposed changes to these charts were published and made available for written public comment in the Texas Register (45 TexReg 492). The written public comment period closed on March 8, 2020. No comments were received. As a result, the three Criminal History Requirements charts have been adopted as proposed.

TRD-202001212

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: March 23, 2020


Texas Department of Housing and Community Affairs

Notice of Public Hearings and Public Comment Period on the Draft 2020 - 2024 State of Texas Consolidated Plan

The Texas Department of Housing and Community Affairs (TDHCA) will hold one public hearing during a 32-day Public Comment period to accept public comment on the draft 2020 - 2024 State of Texas Consolidated Plan (Consolidated Plan or the Plan). The Public Comment period for the draft Consolidated Plan will be held Monday, April 6 - Wednesday, May 6. TDHCA will provide updates via listserv and on our website for any potential additions to the hearing schedule, including additional Virtual Public Hearings via webinar due to the ongoing public health concern related to COVID-19.

The one public hearing for the Consolidated Plan is scheduled to take place as follows:

Thursday, April 16, 2020 - 2:00 p.m.

Via GoToWebinar

https://attendee.gotowebinar.com/register/8678557833869544717

Dial-in number: +1 (213) 929-4232, access code 712-038-180 (persons who use the dial-in number and access code without registering online will only be able to hear the public hearing and will not be able to ask questions or provide comments)

TDHCA, Texas Department of Agriculture (TDA), and Texas Department of State Health Services (DSHS) prepared the draft 2020 - 2024 State of Texas Consolidated Plan in accordance with 24 CFR §91 Subpart D. TDHCA coordinates the preparation of the Consolidated Plan documents. The Consolidated Plan covers the State's administration of the Community Development Block Grant Program (CDBG) by TDA, the Housing Opportunities for Persons with AIDS Program (HOPWA) by DSHS, and the Emergency Solutions Grants (ESG) Program, the HOME Investment Partnerships (HOME) Program, and the National Housing Trust Fund (NHTF) by TDHCA.

The Consolidated Plan analyzes the housing needs in the State of Texas, as well as, how the market is currently filling those needs. The Consolidated Plan illustrates the State's strategies in addressing the priority needs and specific goals and objectives that the State aims to accomplish throughout the 2020 - 2024 Plan. In addition, the Consolidated Plan states the intended uses of funds from HUD for the 2020 Program Year. The Program Year begins on September 1, 2020, and ends on August 31, 2021, and then repeats for each year of the Plan thereafter.

A Public Hearing and 30-day Public Comment period to allow comment for the National Housing Trust Fund (NHTF) Rehabilitation Standards will be held after the April 23 TDHCA Board Meeting. Information on the NHTF Rehabilitation Standards in this draft Consolidated Plan are preliminary and will be adjusted to address any necessary comment received during the public comment period for NHTF Rehabilitation Standards.

The draft Plan may be accessed from TDHCA's Public Comment Web page at: http://www.tdhca.state.tx.us/public-comment.htm.

The 32-day public comment period for the Plan will be open from Monday, April 6, 2020, through Wednesday, May 6, 2020. Anyone may submit comments on the Plan in written form or oral testimony at the public hearing. In addition, written comments concerning the Plan may be submitted by email to info@tdhca.state.tx.us or mail to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, Texas 78711-3941, or by fax to (512) 475-0070 anytime during the comment period. Comments must be received no later than Wednesday, May 6, 2020, at 6:00 p.m. Austin local time.

Individuals who require auxiliary aids or services at the public hearing should contact Elizabeth Yevich, at (512) 475-3959 or Relay Texas at (800) 735-2989 at least three (3) days before the meeting so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters at the public hearings should contact Elena Peinado by phone at (512) 475-3814 or by email at elena.peinado@tdhca.state.tx.us at least three (3) days before the meeting so that appropriate arrangements can be made.

Personas que hablan español y requieren un intérprete, favor de llamar a Elena Peinado al siguiente número (512) 475-3814 o enviarle un correo electrónico a elena.peinado@tdhca.state.tx.us por lo menos tres días antes de la junta para hacer los preparativos apropiados.

TRD-202001251

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 25, 2020


Texas Department of Insurance

Company Licensing

Application for Equitable Life & Casualty Insurance Company, a foreign life, accident and/or health company, to change its name to Sterling Annuity Insurance Company. The home office is in Salt Lake City, Utah.

Application for Equitable National Life Insurance Company, Inc., a foreign life, accident and/or health company, to change its name to Sterling National Life Insurance Company, Inc. The home office is in Salt Lake City, Utah.

Application to do business in the state of Texas for MidSouth Mutual Insurance Company, a foreign fire and/or casualty company. The home office is in Brentwood, Tennessee.

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-202001245

James Person

General Counsel

Texas Department of Insurance

Filed: March 25, 2020


Texas Lottery Commission

Correction of Error

The Texas Lottery Commission published notice of the game procedures for Scratch Ticket Game Number 2214 "LUCHA LIBRE LOOT" and Scratch Ticket Game Number 2221 "SPACE INVADERS™ $50,000 CASH INVASION" in the March 20, 2020, issue of the Texas Register (45 TexReg 2073 - 2082). Due to an error by the Texas Register, two captions in the Texas Lottery Commission "Play Symbol" tables were printed incorrectly. The play symbol table for Scratch Ticket Game Number 2214 "LUCHA LIBRE LOOT" should have been printed as follows:

Figure 1: GAME NO. 2214 - 1.2D (.pdf)

The play symbol table for Scratch Ticket Game Number 2221 "SPACE INVADERS™ $50,000 CASH INVASION" should have been printed as follows:

Figure 1: GAME NO. 2221 - 1.2D (.pdf)

TRD-202001211


Scratch Ticket Game Number 2215 "ROUTE 66™ ROAD TO $1,000,000!"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2215 is "ROUTE 66™ ROAD TO $1,000,000!". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2215 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2215.

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, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 3X SYMBOL, $5.00, $10.00, $15.00, $30.00, $50.00, $100, $300, $1,000 and $66,000.

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. 2215 - 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 (2215), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2215-0000001-001.

H. Pack - A Pack of the "ROUTE 66™ ROAD TO $1,000,000!" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "ROUTE 66™ ROAD TO $1,000,000!" Scratch Ticket Game No. 2215.

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 "ROUTE 66™ ROAD TO $1,000,000!" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose forty-five (45) 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 forty-five (45) 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 forty-five (45) 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 forty-five (45) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the forty-five (45) 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. The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.

C. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 05 and $5).

D. No matching non-winning YOUR NUMBERS Play Symbols on a Ticket, unless restricted by other parameters, play action or prize structure.

E. No matching WINNING NUMBERS Play Symbols on a Ticket, unless restricted by other parameters, play action or prize structure.

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

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

H. The "3X" (TRP) 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 "ROUTE 66™ ROAD TO $1,000,000!" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $30.00, $50.00, $100 or $300, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $50.00, $100 or $300 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 "ROUTE 66™ ROAD TO $1,000,000!" Scratch Ticket Game prize of $1,000 or $66,000, 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 "ROUTE 66™ ROAD TO $1,000,000!" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:

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

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

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

4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.

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

F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 30 days of notification or the prize will be awarded to an Alternate.

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "ROUTE 66™ ROAD TO $1,000,000!" 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 "ROUTE 66™ ROAD TO $1,000,000!" 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.

2.9 Promotional Second-Chance Drawings. Any Non-Winning "ROUTE 66™ ROAD TO $1,000,000!" Scratch Ticket may be entered into one (1) of five (5) promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements.

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2215. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2215 - 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. 2215 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. 2215, 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-202001218

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 24, 2020


Scratch Ticket Game Number 2220 "EMERALD 8s"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2220 is "EMERALD 8s". The play style is "find symbol".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2220 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2220.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 1, 2, 3, 4, 5, 6, 7, 9, 8 SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $1,000 and $30,000. The possible green Play Symbols are: 1, 2, 3, 4, 5, 6, 7, 9 and 8 SYMBOL.

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. 2220 - 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 (2220), 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: 2220-0000001-001.

H. Pack - A Pack of the "EMERALD 8s" 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. Please note the Packs will be in an A, B, C and D configuration.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "EMERALD 8s" Scratch Ticket Game No. 2220.

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 "EMERALD 8s" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose twenty (20) Play Symbols. If a player reveals a BLACK "8" Play Symbol, the player wins the PRIZE for that symbol. If a player reveals a GREEN "8" Play Symbol, the player wins DOUBLE the PRIZE for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly twenty (20) 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 (20) 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 (20) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the twenty (20) 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. A Ticket can win up to ten (10) times in accordance with the approved prize structure.

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

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

D. The BLACK "8" (WIN$) Play Symbol may appear multiple times on intended winning Tickets, unless restricted by other parameters, play action or prize structure.

E. The GREEN "8" (DBL) Play Symbol will only appear on winning Tickets as dictated by the prize structure.

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

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

H. No Prize Symbol in a non-winning spot will correspond with the Play Symbol (i.e., 4 and $4).

2.3 Procedure for Claiming Prizes.

A. To claim a "EMERALD 8s" Scratch Ticket Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $100, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00 or $100 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "EMERALD 8s" Scratch Ticket Game prize of $1,000 or $30,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "EMERALD 8s" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct 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 "EMERALD 8s" 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 "EMERALD 8s" 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 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2220. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2220 - 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. 2220 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. 2220, 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-202001220

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 24, 2020


Scratch Ticket Game Number 2222 "MATCH 2 WIN"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2222 is "MATCH 2 WIN". The play style is "other".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2222 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2222.

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: BANK SYMBOL, STACK OF CASH SYMBOL, CASHIER SYMBOL, CHEST SYMBOL, CLOVER SYMBOL, COINS SYMBOL, DIAMOND SYMBOL, GOLD BAR SYMBOL, HORSESHOE SYMBOL, MONEY BAG SYMBOL, SAFE SYMBOL, WISHBONE SYMBOL, $1.00, $2.00, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $200, $500 and $1,000.

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

Figure 1: GAME NO. 2222 - 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 (2222), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 2222-0000001-001.

H. Pack - A Pack of the "MATCH 2 WIN" Scratch Ticket Game contains 150 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; Tickets 006 to 010 on the next page; etc.; and Tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "MATCH 2 WIN" Scratch Ticket Game No. 2222

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 "MATCH 2 WIN" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose nine (9) Play Symbols. If a player reveals 2 matching Play Symbols in the same GAME, the player wins the PRIZE for that GAME. 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 nine (9) 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 nine (9) 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 nine (9) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the nine (9) 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. A Ticket can win up to three (3) times in accordance with the approved prize structure.

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

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

D. Non-winning Play Symbols from one (1) GAME will not match winning Play Symbols from another GAME.

E. Non-winning Play Symbols will never appear more than two (2) times on a Ticket.

F. Non-winning Play Symbols in the same GAME will never be matching.

G. Winning Play Symbols will not appear more than two (2) times on a Ticket.

H. If a Play Symbol appears in one (1) GAME, it will not appear in another GAME on the Ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "MATCH 2 WIN" Scratch Ticket Game prize of $1.00, $2.00, $5.00, $10.00, $20.00, $25.00, $40.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $40.00, $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 "MATCH 2 WIN" Scratch Ticket Game prize of $1,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "MATCH 2 WIN" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct 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 "MATCH 2 WIN" 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 "MATCH 2 WIN" 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. 2222. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2222 - 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. 2222 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. 2222, 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-202001221

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 24, 2020


Scratch Ticket Game Number 2240 "BREAK THE BANK"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2240 is "BREAK THE BANK". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2240 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2240.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, MONEY STACK SYMBOL, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200, $1,000, $3,000 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. 2240 - 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 (2240), 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: 2240-0000001-001.

H. Pack - A Pack of the "BREAK THE BANK" 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. Please note the Packs will be in an A, B, C and D configuration.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "BREAK THE BANK" Scratch Ticket Game No. 2240.

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 "BREAK THE BANK" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose nineteen (19) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to any of the 3 LUCKY NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "MONEY STACK" Play Symbol, the player wins the prize for that symbol instantly. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly nineteen (19) 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 nineteen (19) 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 nineteen (19) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the nineteen (19) 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. The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.

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

D. No matching LUCKY NUMBERS Play Symbols on a Ticket.

E. There will be no correlation between the matching Play Symbols and the prize amount.

F. The "MONEY STACK" (WIN$) Play Symbol will never appear more than once on a Ticket.

G. No matching non-winning YOUR NUMBERS Play Symbols on a Ticket.

H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 02 and $2).

2.3 Procedure for Claiming Prizes.

A. To claim a "BREAK THE BANK" Scratch Ticket Game prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00, $20.00, $50.00 or $200, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00 or $200 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "BREAK THE BANK" Scratch Ticket Game prize of $1,000, $3,000 or $30,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct 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 "Break the Bank" 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 "Break the Bank" 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 40,080,000 Scratch Tickets in Scratch Ticket Game No. 2240. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2240 - 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. 2240 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. 2240, 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-202001219

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 24, 2020


Texas Parks and Wildlife Department

Notice of a Public Comment Hearing on an Application for a Sand and Gravel Permit

Uvalde County has applied to the Texas Parks and Wildlife Department (TPWD) for a General Permit pursuant to Texas Parks and Wildlife Code, Chapter 86, to remove or disturb 980 cubic yards of sedimentary material within the Nueces River in Uvalde County. The purpose is to construct a temporary low-water crossing at the site of the County Road 416 crossing that was damaged by floods. The location is approximately 5.5 miles downstream of the Highway 55 Arnold Crossing and 2.3 miles upstream of the Uvalde County Road 414 crossing. Notice is being published pursuant to 31 TAC §69.105(d).

TPWD will hold a public comment hearing regarding the application at 11:00 a.m. on April 17, 2020, at TPWD headquarters, 4200 Smith School Road, Austin, TX 78744. Due to COVID-19 transmission concerns with travelling and person-to-person gatherings, remote participation is required for the public comment hearing. Potential attendees should contact Tom Heger at (512) 389-4583 or at tom.heger@tpwd.texas.gov for information on how to participate in the hearing remotely. The hearing is not a contested case hearing under the Texas Administrative Procedure Act. Oral and written public comment will be accepted during the hearing.

Written comments may be submitted directly to TPWD and must be received no later than 30 days after the date of publication of this notice in the Texas Register or a newspaper, whichever is later. A written request for a contested case hearing from an applicant or a person with a justiciable interest may also be submitted and must be received by TPWD prior to the close of the public comment period. Timely hearing requests shall be referred to the State Office of Administrative Hearings. Submit written comments, questions, requests to review the application, or requests for a contested case hearing to: Tom Heger, TPWD, by mail: 4200 Smith School Road, Austin, TX 78744; fax (512) 389-4405; or e-mail tom.heger@tpwd.texas.gov.

TRD-202001233

Robert D. Sweeney, Jr.

General Counsel

Texas Parks and Wildlife Department

Filed: March 24, 2020


Public Utility Commission of Texas

Notice of Application for True-Up of 2017 Federal Universal Service Fund Impacts to the Texas Universal Service Fund

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on February 20, 2020, for true-up of 2017 Federal Universal Service Fund (FUSF) Impacts to the Texas Universal Service Fund (TUSF).

Docket Style and Number: Application of Santa Rosa Telephone Cooperative, Inc. for True Up of 2017 Federal Universal Service Fund Impacts to the Texas Universal Service Fund, Docket Number 50572.

The Application: Santa Rosa Telephone Cooperative, Inc. filed a true-up in accordance with finding of fact numbers 17 and 18 of the final Order in Docket No. 48906. In that docket, the Commission determined that the Federal Communications Commission's actions were reasonably projected to reduce the amount that Santa Rosa received in FUSF revenue by $266,436 for calendar year 2017. Based on the data, calculations, supporting documentation and affidavits included with the application, the actual impact in the FUSF revenue reductions to Santa Rosa for calendar year 2017 was $225,482. Therefore, Santa Rosa will return to the TUSF a total amount of $40,954 that was over-recovered for calendar year 2017.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 50572.

TRD-202001215

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: March 23, 2020


East Texas Regional Water Planning Group (Region I)

Notice of Public Hearing for the East Texas Regional Water Planning Group 2021 Initially Prepared Regional Water Plan

Notice is hereby given that the East Texas Regional Water Planning Group (ETRWPG) is taking comment on and holding a public hearing for the East Texas Regional Water Planning Group (Region I) 2021 Initially Prepared Plan (IPP). The public hearing for the IPP will include a public comment period and will be held as follows:

5:30 p.m. Thursday May 14, 2020 - C.L. Simon Recreation/Library 1112 North Street, Nacogdoches, Texas 75961

The ETRWPG was established under provisions of Texas Senate Bill 1 (7th Texas Legislature) to develop a regional water plan for the ETRWPG which includes the following counties: Anderson, Angelina, Cherokee, Hardin, Henderson, Houston, Jasper, Jefferson, Nacogdoches, Newton, Orange, Panola, Polk, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity, and Tyler.

Copies of the IPP are available for review at the following County Clerk offices:

Anderson County, Angelina County, Cherokee County, Hardin County, Henderson County, Houston County, Jasper County, Jefferson County, Nacogdoches County, Newton County, Orange County, Panola County, Polk County, Rusk County, Sabine County, San Augustine County, Shelby County, Smith County, Trinity County, and Tyler County.

Copies of the IPP are also available for review at the following public libraries:

Kurth Memorial Library, 706 S. Raguet, Lufkin, Texas 75904

Palestine Public Library, 2000 S. Loop 256, Ste #42, Palestine Texas 75801

Singleton Memorial Library, 207 E. 6th Street, Rusk, Texas 75785

Kountze Public Library, 800 Redwood, Kountze, Texas 77625

Henderson County Library - Clint W. Murchison Memorial Library, 121 S. Prairieville Street, Athens, Texas 75751

J.H. Wooters Crockett Public Library, 709 E. Houston, Crockett, Texas 75835

Jasper Public Library, 175 E Water Street, Jasper, Texas 75951

Beaumont Public Library, 801 Pearl Street, Beaumont, Texas 77701

Nacogdoches Public Library, 1112 North Street, Nacogdoches, Texas 75961

Newton County Library, 212 High Street, Newton, Texas 75966

Orange Public Library, 220 N. 5th Street, Orange, Texas 77630

Sammy Brown Public Library, 319 S. Market Street, Carthage, Texas 75633

Livingston Municipal Library, 707 N. Tyler Avenue, Livingston, Texas 77351

Rusk County Library, 106 E. Main Street, Henderson, Texas 75652

J.R. Huffman Public Library, 375 Sabine Street, Hemphill, Texas 75948

San Augustine Public Library, 413 E. Columbia, San Augustine, Texas 75972

Fannie Brown Booth Memorial Library, 619 Tenaha Street, Center, Texas 75935

Tyler Public Library, 201 S. College Ave, Tyler, Texas 75702

Groveton Public Library, 126 W. First Street, Groveton, Texas 75845

Allan Shivers Library, 302 N. Charlton, Woodville, Texas 75979

Copies of the IPP are available for review on the Texas Water Development Board Website at http://www.twdb.texas.gov/waterplanning/rwp/plans/2021/IPP.asp; on the East Texas Regional Water Planning Group website at www.etexwaterplan.org, and at the City of Nacogdoches, Office of the Region I Administrative Contact Stacy Corley, 202 E Pilar Street, Room 343 Nacogdoches, Texas 75961. Written and oral comments will be accepted at the public hearing. The ETRWPG will also accept written comments from April 14, 2020, through July 13, 2020, and may be emailed or mailed to the address below:

Questions and comments may be submitted to:

Rex H. Hunt, P.E.

Alan Plummer Associates, Inc.

6300 La Calma, Suite 400

Austin, Texas 78752

Phone: (512) 452-5905

rhunt@plummer.com

TRD-202001240

Stacy Corley

Region I Administration Contact

East Texas Regional Water Planning Group (Region I)

Filed: March 25, 2020


Supreme Court of Texas

Order Amending Articles II and IV of the State Bar Rules (.pdf)

TRD-202001236

Jaclyn Daumerie

Rules Attorney

Supreme Court of Texas

Filed: March 24, 2020


Texas Department of Transportation

Revised Public Hearing Notice - Unified Transportation Program

The public hearing originally scheduled for April 7, 2020, to receive comments regarding the proposed updates to the 2020 Unified Transportation Program (UTP), has been postponed due to public health precautions surrounding COVID-19. The Texas Department of Transportation (department) will hold the public hearing on Friday, April 24, 2020 at 10:00 a.m. Central Standard Time (CST) via electronic means. Instructions for accessing the hearing will be published on the department's website at: https://www.txdot.gov/inside-txdot/get-involved/unified-transportation-program.html.

Transportation Code, §201.991 provides that the department shall develop a UTP covering a period of 10 years to guide the development and authorize construction of transportation projects. The Texas Transportation Commission has adopted rules located in Title 43, Texas Administrative Code, Chapter 16, governing the planning and development of transportation projects, which include guidance regarding public involvement related to the adoption of the UTP and approval of any updates to the program.

Information regarding the proposed updates to the 2020 UTP is available on the department's website at: https://www.txdot.gov/inside-txdot/get-involved/unified-transportation-program.html.

Persons wishing to speak at the hearing may register in advance by notifying the Transportation Planning and Programming Division, at (800) 687-8108 no later than 12:00 p.m. CST on Thursday, April 23, 2020. Speakers will be taken in the order registered and will be limited to three minutes. Speakers who do not register in advance will be taken at the end of the hearing. Any interested person may offer comments or testimony; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony.

The public hearing will be conducted in English. Persons who have special communication or accommodation needs are encouraged to contact the Transportation Planning and Programming Division at (800) 687-8108. Requests should be made at least three working days prior to the public hearing. Every reasonable effort will be made to accommodate these needs.

Interested parties who are unable to attend the hearing may submit comments regarding the proposed updates to the 2020 UTP to Peter Smith, Director of the Transportation Planning and Programming Division, P.O. Box 149217, Austin, Texas 78714-9217. Interested parties may also submit comments regarding the proposed updates to the 2020 UTP by email at UTP-PublicComments@txdot.gov, online at https://www.txdot.gov/inside-txdot/get-involved/unified-transportation-program.html or phone at (800) 687-8108. In order to be considered, all comments must be received at the Transportation Planning and Programming office by 4:00 p.m. CST on Friday, April 24, 2020.

TRD-202001248

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Filed: March 25, 2020