IN ADDITION

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005 and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/10/20 - 08/16/20 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 08/10/20 - 08/16/20 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and 303.0093 for the period of 08/01/20 - 08/31/20 is 18% or Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 and 303.009 for the period of 08/01/20 - 08/31/20 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.

3 For variable rate commercial transactions only.

TRD-202003138

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: August 4, 2020


Texas Education Agency

Public Notice: Revised Public Comment Period for State Board of Education Rule Proposals

Texas Education Agency (TEA) published the following proposals in the July 31, 2020 issue of the Texas Register: Proposed New 19 TAC Chapter 61, School Districts, Subchapter B, Special Purpose School Districts, §61.101, Applicability of State Law for Special Purpose School Districts (45 TexReg 5287); Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.1, Essential Knowledge and Skills, and §74.3, Description of a Required Secondary Curriculum (45 TexReg 5290); and Proposed New 19 TAC Chapter 120, Other Texas Essential Knowledge and Skills, Subchapter A, Character Traits (45 TexReg 5293).

TEA is revising the end date of the public comment period to August 31, 2020, to allow the State Board of Education to consider the proposals for second reading and final adoption at its September 1-2, 2020 meeting.

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

Issued in Austin, Texas, on July 31, 2020.

TRD-202003117

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: July 31, 2020


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 15, 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 commissions 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 commissions 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 September 15, 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: Arcosa LWS, LLC fka TRNLWS, LLC; DOCKET NUMBER: 2019-0684-AIR-E; IDENTIFIER: RN100211283; LOCATION: Streetman, Navarro County; TYPE OF FACILITY: expanded shale and clay lightweight aggregate production; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Number 49047, General Conditions Number 12 and Special Conditions Number 7, Federal Operating Permit (FOP) Number O1117, General Terms and Conditions (GTC) and Special Terms and Conditions Number 10, and Texas Health and Safety Code (THSC), §382.085(b), by failing to cover the top and sides of all conveyor belts and enclose all conveyor belt transfer points; 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O1117, GTC, and THSC, §382.085(b), by failing to report all instances of deviations; and 30 TAC §122.143(4) and §122.145(2)(C), FOP Number O1117, GTC, and THSC, §382.085(b), by failing to submit a deviation report no later than 30 days after the end of each reporting period; PENALTY: $39,535; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $15,814; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: City of Bellaire; DOCKET NUMBER: 2019-0042-MWD-E; IDENTIFIER: RN101721538; LOCATION: Bellaire, Harris County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §30.350(k) and §305.125(1) and Texas Pollutant Discharge Elimination System Permit Number WQ0010550001, Operational Requirements Number 9 and Other Requirements Number 1, by failing to ensure that each shift is operated by an operator-in-charge who is licensed at not less than one level below the category of the facility; PENALTY: $2,813; ENFORCEMENT COORDINATOR: Had Darling, (512) 239-2520; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Eagle Sindh Incorporated dba Ross 2; DOCKET NUMBER: 2020-0582-PST-E; IDENTIFIER: RN102035151; LOCATION: Palestine, Anderson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank system; PENALTY: $4,125; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: Enterprise Products Operating LLC; DOCKET NUMBER: 2020-0751-AIR-E; IDENTIFIER: RN106102569; LOCATION: Pearsall, Frio County; TYPE OF FACILITY: natural gas compression station; RULES VIOLATED: 30 TAC §106.6(b), Permit by Rule Registration Number 95313, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $938; ENFORCEMENT COORDINATOR: Toni Red, (512) 239-1704; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Harris County Fresh Water Supply District 45; DOCKET NUMBER: 2020-0404-PWS-E; IDENTIFIER: RN102944055; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined by 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; 30 TAC §290.46(s)(1), by failing to calibrate the facility's two well meters at least once every three years; 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 P0181 for the 2019 calendar year; PENALTY: $200; ENFORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: Joe Young; DOCKET NUMBER: 2020-0765-WR-E; IDENTIFIER: RN111008322; LOCATION: Millsap, Parker County; TYPE OF FACILITY: operator; RULES VIOLATED: 30 TAC §297.11 and TWC, §11.081 and §11.121, by failing to obtain prior authorization prior to diverting, storing, importing, and using state water, or beginning construction of any work designed for the storage, taking or diversion of water; PENALTY: $875; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Jose Alaniz; DOCKET NUMBER: 2020-0704-WOC-E; IDENTIFIER: RN108316712; LOCATION: Manvel, Brazoria County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(8) COMPANY: LUCKEY2 BUSINESS LLC dba Stop-N-Pik; DOCKET NUMBER: 2020-0491-PST-E; IDENTIFIER: RN102345774; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; and 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; PENALTY: $2,645; ENFORCEMENT COORDINATOR: Alain Elegbe, (512) 239-6924; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: MightyWash Operations, L.L.C.; DOCKET NUMBER: 2020-0682-SLG-E; IDENTIFIER: RN110854213; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: car wash; RULES VIOLATED: 30 TAC §312.142(a), by failing to apply for and obtain a registration prior to transporting grit trap waste; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(10) COMPANY: OILTON RURAL WATER SUPPLY CORPORATION THE STATE OF TEXAS; DOCKET NUMBER: 2020-0522-PWS-E; IDENTIFIER: RN101195683; LOCATION: Oilton, Webb County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites (taps) that were tested, and failed to mail a copy of the consumer notification of tap results to the executive director (ED) along with certification that the consumer notification has been distributed in a manner consistent with TCEQ requirements for the January 1, 2016 - December 31, 2016, and January 1, 2017 - December 31, 2019, monitoring periods; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2012 - December 31, 2014, and January 1, 2015 - December 31, 2015, monitoring periods and regarding the failure to submit a Disinfectant Level Quarterly Operating Report for the second quarter of 2016; and 30 TAC §290.272 and §290.274(a), by failing to meet the adequacy, availability, and/or content requirements for the Consumer Confidence Report for the calendar year 2018; PENALTY: $635; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(11) COMPANY: OXY USA Incorporated; DOCKET NUMBER: 2020-0205-AIR-E; IDENTIFIER: RN103758470; LOCATION: Seminole, Gaines County; TYPE OF FACILITY: oil and gas plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(c), and 122.143(4), New Source Review Permit Numbers 8414, PSDTX328M3, and PSDTX485M1, Special Conditions Number 1, Federal Operating Permit Number O627, General Terms and Conditions and Special Terms and Conditions Number 9, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $7,800; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(12) COMPANY: Quik-Way Operating, LLC dba Texan 2 Valero; DOCKET NUMBER: 2020-0356-PST-E; IDENTIFIER: RN102823598; LOCATION: Stephenville, Erath County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $2,934; ENFORCEMENT COORDINATOR: Tyler Smith, (512) 239-3421; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Scott W. Gray dba Iwanda Mobile Home Park; DOCKET NUMBER: 2020-0228-PWS-E; IDENTIFIER: RN101245751; LOCATION: Vidor, Orange County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfection Level Quarterly Operating Report to the executive director (ED) by the tenth day of the month following the end of each quarter for the first and second quarters of 2019; 30 TAC §290.122(b)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to comply with the maximum contaminant level for arsenic during the third quarter of 2016; and 30 TAC §290.271(b) and §290.274(a) and (c) and TCEQ Agreed Order Docket Number 2018-0352-PWS-E, Ordering Provision Numbers 2.a.ii and 2.b.ii, by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year, and failing to submit to the TCEQ by July 1st for each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information on the CCR is correct and consistent with compliance monitoring data for calendar year 2018; PENALTY: $443; ENFORCEMENT COORDINATOR: Julianne Dewar, (817) 588-5861; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(14) COMPANY: SOUTHWESTERN MOTOR TRANSPORT, Incorporated; DOCKET NUMBER: 2020-0686-PST-E; IDENTIFIER: RN102431798; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Berenice Munoz, (915) 834-4976; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: ST. ELIAS ANTIOCHIAN ORTHODOX CHURCH; DOCKET NUMBER: 2020-0671-EAQ-E; IDENTIFIER: RN110407129; LOCATION: Austin, Williamson County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §213.4(j) and Edwards Aquifer Protection Plan Number 11001132, Standard Conditions Number 6, by failing to obtain approval of a modification to an approved Water Pollution Abatement Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $938; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL OFFICE: P.O. Box 13087 Austin, Texas 78711-3087, (512) 339-2929.

(16) COMPANY: Sunoco, LLC dba Ozona Fuellock; DOCKET NUMBER: 2020-0587-PST-E; IDENTIFIER: RN102036654; LOCATION: Ozona, Crockett County; TYPE OF FACILITY: fleet refueling; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(17) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2020-0520-PST-E; IDENTIFIER: RN101790137; LOCATION: Fredericksburg, Gillespie County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every 30 days; PENALTY: $3,750; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $3,000; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(18) COMPANY: TRISHUL BUSINESS GROUP LLC dba Navy Food Mart; DOCKET NUMBER: 2020-0680-PST-E; IDENTIFIER: RN102892643; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: WTG Jameson, LP; DOCKET NUMBER: 2020-0493-AIR-E; IDENTIFIER: RN101246478; LOCATION: Silver, Coke County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(c), and 122.143(4), New Source Review Permit Numbers 9941 and PSDTX687, Special Conditions Number 1, Federal Operating Permit (FOP) Number O865, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 9, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and §122.143(4), FOP Number O865, GTC and STC Number 2.F, and THSC, §382.085(b), by failing to submit an initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event; and PENALTY: $7,563; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(20) COMPANY: Xochitl Garcia Chio; DOCKET NUMBER: 2019-1163-PST-E; IDENTIFIER: RN102959632; LOCATION: Eagle Pass, Maverick County; TYPE OF FACILITY: retail fueling facility and convenience store; RULES VIOLATED: 30 TAC §334.7(d)(1)(B) and (3), by failing to notify the agency of any change or additional information regarding the underground storage tank (UST) system within 30 days from the date of the occurrence of the change or addition; 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; 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: $6,250; ENFORCEMENT COORDINATOR: Alain Elegbe, (512) 239-6924; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

TRD-202003135

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 4, 2020


Combined Notice of Public Meeting and Notice of Application and Preliminary Decision for an Air Quality Permit: Air Quality Permit Numbers 8996 and PSDTX454M4

APPLICATION AND PRELIMINARY DECISION. Holcim (US) Inc., 1800 Dove Lane, Midlothian, Texas 76065-4435, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Air Quality Permit 8996 and Prevention of Significant Deterioration (PSD) Air Quality Permit PSDTX454M4, which would authorize modification to the Portland Cement Plant at 1800 Dove Lane, Midlothian, Ellis County, Texas 76065. This application was processed in an expedited manner, as allowed by the commission's rules in 30 Texas Administrative Code, Chapter 101, Subchapter J. This application was submitted to the TCEQ on June 3, 2019. The existing facility will emit the following air contaminants in a significant amount: carbon monoxide and particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less. In addition, the facility will emit the following air contaminants: hazardous air pollutants, nitrogen oxides, organic compounds, sulfuric acid, and sulfur dioxide.

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

Degree of PSD Increment Predicted (.pdf)

The executive director has determined that the emissions of air contaminants from the proposed facility which are subject to PSD review will not violate any state or federal air quality regulations and will not have any significant adverse impact on soils, vegetation, or visibility. All air contaminants have been evaluated, and "best available control technology" will be used for the control of these contaminants.

The executive director has completed the technical review of the application and prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The permit application, executive director's preliminary decision, draft permit, and the executive director's preliminary determination summary and executive director's air quality analysis, will be available for viewing and copying at the TCEQ central office, the TCEQ Dallas/Fort Worth regional office, and at the A H Meadows Public Library, 922 South 9th Street, Midlothian, Texas 76065, beginning the first day of publication of this notice. The facility's compliance file, if any exists, is available for public review at the TCEQ Dallas/Fort Worth Regional Office, 2309 Gravel Dr, Fort Worth, Texas.

INFORMATION AVAILABLE ONLINE. These documents are accessible through the Commission's Web site at www.tceq.texas.gov/goto/cid: the executive director's preliminary decision which includes the draft permit, the executive director's preliminary determination summary, the air quality analysis, and, once available, the executive director's response to comments and the final decision on this application. Access the Commissioners' Integrated Database (CID) using the above link and enter the permit number for this application. The public location mentioned above provides public access to the internet. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.511111&lng=-96.973611&zoom=13&type=r.

PUBLIC COMMENT/PUBLIC MEETING. The TCEQ will hold a public meeting for this application. You may submit public comments on this application or request a contested case hearing to the TCEQ Office of the Chief Clerk at the address below. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. A public meeting is not a contested case hearing. The TCEQ will consider all public comments in developing a final decision on the application. The public meeting will consist of two parts, an Informal Discussion Period and a Formal Comment Period. During the Informal Discussion Period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application. However, informal comments made during the Informal Discussion Period will not be considered by the TCEQ Commissioners before reaching a decision on the permit and no formal response will be made to the informal comments. During the Formal Comment Period, members of the public may state their formal comments into the official record. A written response to all formal comments will be prepared by the Executive Director and considered by the Commissioners before they reach a decision on the permit. A copy of the response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this application and who provides a mailing address. Only relevant and material issues raised during the formal comment period can be considered if a contested case hearing is granted.

The Public Meeting is to be held:

Thursday, August 27, 2020 at 7:00 p.m.

Members of the public who would like to ask questions or provide comments during the meeting may access the meeting via webcast by following this link: https://www.gotomeeting.com/webinar/join-webinar and entering Webinar ID 371-675-299. It is recommended that you join the webinar and register for the public meeting at least 15 minutes before the meeting begins. You will be given the option to use your computer audio or to use your phone for participating in the webinar.

Those without internet access may call (512) 239-1201 at least one day prior to the meeting for assistance in accessing the meeting and participating telephonically. Members of the public who wish to only listen to the meeting may call, toll free, (415) 655-0060 and enter access code 682-351-930. Additional information will be available on the agency calendar of events at the following link:

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

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

You may submit additional written public comments within 30 days of the date of newspaper publication of this notice in the manner set forth in the AGENCY CONTACTS AND INFORMATION paragraph below. After the deadline for public comment, the executive director will consider the comments and prepare a response to all public comment. The response to comments, along with the executive director's decision on the application will be mailed to everyone who submitted public comments or is on a mailing list for this application.

OPPORTUNITY FOR A CONTESTED CASE HEARING. A contested case hearing is a legal proceeding similar to a civil trial in a state district court. A person who may be affected by emissions of air contaminants from the facility is entitled to request a hearing. A contested case hearing request must include the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number; (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" (4) a specific description of how you would be adversely affected by the application and air emissions from the facility in a way not common to the general public; (5) the location and distance of your property relative to the facility; (6) a description of how you use the property which may be impacted by the facility; and (7) a list of all disputed issues of fact that you submit during the comment period. If the request is made by a group or association, one or more members who have standing to request a hearing must be identified by name and physical address. The interests the group or association seeks to protect must also be identified. You may also submit your proposed adjustments to the application/permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing within 30 days following this notice to the Office of the Chief Clerk, at the address provided in the information section below.

A contested case hearing will only be granted based on disputed issues of fact or mixed questions of fact and law that are relevant and material to the Commission's decisions on the application. The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. Issues that are not submitted in public comments may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. If a timely contested case hearing request is not received or if all timely contested case hearing requests are withdrawn, the executive director may issue final approval of the application. The response to comments, along with the executive director's decision on the application will be mailed to everyone who submitted public comments or is on a mailing list for this application, and will be posted electronically to the CID. If any timely hearing requests are received and not withdrawn, the executive director will not issue final approval of the permit and will forward the application and requests to the Commissioners for their consideration at a scheduled commission meeting.

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

AGENCY CONTACTS AND INFORMATION. Public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record. For more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687‑4040. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from Holcim (US) Inc. at the address stated above or by calling Mr. Daniel Carnes, Environmental Manager at (972) 923-5830.

Notice Issuance Date: August 3, 2020

TRD-202003168

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 5, 2020


Enforcement Orders

An agreed order was adopted regarding AHRS ENTERPRISES, INC., Docket No. 2018‑0844‑PST‑E on August 4, 2020, assessing $7,442 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kevin R. Bartz, 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 Cuvee Coffee, LLC, Docket No. 2018‑1625‑WQ‑E on August 4, 2020, assessing $563 in administrative penalties with $112 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 Abdulhai Majid dba Joes Food Mart, Docket No. 2019‑1014‑PST‑E on August 4, 2020, assessing $6,617 in administrative penalties with $1,323 deferred. Information concerning any aspect of this order may be obtained by contacting Berenice Munoz, 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 PLAINS BAPTIST ASSEMBLY, Docket No. 2019‑1142‑PWS‑E on August 4, 2020, assessing $1,410 in administrative penalties with $282 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Double Diamond Utilities Co., Docket No. 2019‑1178‑IWD‑E on August 4, 2020, assessing $4,388 in administrative penalties with $877 deferred. 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.

An agreed order was adopted regarding SR-KRUPA, INC. dba Lucky Mart 1, Docket No. 2019‑1230‑PST‑E on August 4, 2020, assessing $3,563 in administrative penalties with $712 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding G4J Materials LLC, Docket No. 2019‑1273‑WQ‑E on August 4, 2020, assessing $4,125 in administrative penalties with $825 deferred. 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.

An agreed order was adopted regarding D.R. Horton - Texas, Ltd., Docket No. 2019‑1350‑WQ‑E on August 4, 2020, assessing $2,625 in administrative penalties with $525 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 Aqua Texas, Inc., Docket No. 2019‑1400‑MWD‑E on August 4, 2020, assessing $4,125 in administrative penalties with $825 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 DG RV Properties, LLC, Docket No. 2019‑1468‑PWS‑E on August 4, 2020, assessing $3,674 in administrative penalties with $734 deferred. 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.

A field citation was adopted regarding COBRA WATER WELL DRILLING LLC, Docket No. 2019‑1489‑WR‑E on August 4, 2020, assessing $350 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Katelyn Tubbs, 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 David T. Hindman dba Canyon Cove RV Park and Debra J. Hindman dba Canyon Cove RV Park, Docket No. 2019‑1505‑PWS‑E on August 4, 2020, assessing $900 in administrative penalties with $180 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 Texas Department of Transportation, Docket No. 2019‑1520‑MWD‑E on August 4, 2020, assessing $7,000 in administrative penalties with $1,400 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding EP SHARP INVESTMENTS, LLC, Docket No. 2019‑1619‑MLM‑E on August 4, 2020, assessing $2,825 in administrative penalties with $565 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 Lake Livingston Water Supply Corporation, Docket No. 2019‑1757‑PWS‑E on August 4, 2020, assessing $1,897 in administrative penalties with $379 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Conner, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding City of Wills Point, Docket No. 2020‑0099‑PWS‑E on August 4, 2020, assessing $600 in administrative penalties with $120 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 Medina Children's Home, Docket No. 2020‑0141‑PWS‑E on August 4, 2020, assessing $6,300 in administrative penalties with $1,260 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 Blue Bell Manor Utility Co., Inc., Docket No. 2020‑0195‑PWS‑E on August 4, 2020, assessing $50 in administrative penalties with $10 deferred. Information concerning any aspect of this order may be obtained by contacting Jée Willis, 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 Galveston County, Docket No. 2020‑0200‑PST‑E on August 4, 2020, assessing $5,512 in administrative penalties with $1,102 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 Town of Lakewood Village, Docket No. 2020‑0201‑PWS‑E on August 4, 2020, assessing $105 in administrative penalties with $21 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Erling Johnson, LLC, Docket No. 2020‑0207‑PWS‑E on August 4, 2020, assessing $1,735 in administrative penalties with $1,151 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 MarkWest Oklahoma Gas Company, L.L.C., Docket No. 2020‑0211‑AIR‑E on August 4, 2020, assessing $2,438 in administrative penalties with $487 deferred. Information concerning any aspect of this order may be obtained by contacting Toni Red, 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 Valero Partners Lucas, LLC, Docket No. 2020‑0232‑AIR‑E on August 4, 2020, assessing $1,000 in administrative penalties with $200 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 Undine Texas Environmental, LLC, Docket No. 2020‑0233‑MWD‑E on August 4, 2020, assessing $3,125 in administrative penalties with $625 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie Frederick, 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 Charles Johnson, Docket No. 2020‑0251‑WQ‑E on August 4, 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.

A field citation was adopted regarding Pedro Guity, Docket No. 2020‑0257‑WOC‑E on August 4, 2020, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Gene Hayman, Docket No. 2020‑0264‑WOC‑E on August 4, 2020, assessing $175 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding City of Mason, Docket No. 2020‑0266‑MWD‑E on August 4, 2020, assessing $3,500 in administrative penalties with $700 deferred. Information concerning any aspect of this order may be obtained by contacting Christopher Moreno, 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 ETC Texas Pipeline, Ltd., Docket No. 2020‑0270‑AIR‑E on August 4, 2020, assessing $7,500 in administrative penalties with $1,500 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 V A V Investments, LLC, Docket No. 2020‑0302‑PWS‑E on August 4, 2020, assessing $100 in administrative penalties with $20 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 Trend Gathering & Treating, LLC, Docket No. 2020‑0313‑AIR‑E on August 4, 2020, assessing $2,438 in administrative penalties with $487 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding RIVER OAKS WATER SUPPLY CORPORATION, Docket No. 2020‑0314‑PWS‑E on August 4, 2020, assessing $52 in administrative penalties with $10 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Conner, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202003169

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 5, 2020


Notice of Application and Opportunity to Request a Public Meeting for a New Municipal Solid Waste Facility: Registration Application No. 40315

Application. City of Dalhart, P.O. Box 2005, Dalhart, Texas 79022-2005 has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40315, to construct and operate a Type V municipal solid waste transfer station. The proposed facility, City of Dalhart Municipal Solid Waste Landfill Transfer Station, will be located Macky Rd. (Nortex Rd.) & U.S. HWY. 87 North (3.9 Miles NW of Dalhart) 79022, in Dallam County. The Applicant is requesting authorization to transfer municipal solid waste that includes household waste, yard waste, commercial waste, industrial waste (non-hazardous Class 2 and Class 3), construction demolition waste, and some special wastes. The registration application is available for viewing and copying at the Dalhart City Hall, 205 Rock Island Avenue, Dalhart, Texas 79022, Dallam County and may be viewed online at http://www.dalharttx.gov/page/Sanitation. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice https://arcg.is/08aimG. For the exact location, refer to application.

Public Comment/Public Meeting. You may submit public comments or request a public meeting on this application. Written public comments or written requests for a public meeting must be submitted to the Office of the Chief Clerk at the address included in the information section below. If a public meeting is held, comments may be made orally at the meeting or submitted in writing by the close of the public meeting. A public meeting will be held by the executive director if requested by a member of the legislature who represents the general area where the development is to be located, or if there is a substantial public interest in the proposed development. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing. The executive director will review and consider public comments and written requests for a public meeting submitted during the comment period. The comment period shall begin on the date this notice is published and end 30 calendar days after this notice is published. The comment period shall be extended to the close of any public meeting. The executive director is not required to file a response to comments.

Executive Director Action. The executive director shall, after review of an application for registration, determine if the application will be approved or denied in whole or in part. If the executive director acts on an application, the chief clerk shall mail or otherwise transmit notice of the action and an explanation of the opportunity to file a motion to overturn the executive director's decision. The chief clerk shall mail this notice to the owner and operator, the public interest counsel, to adjacent landowners as shown on the required land ownership map and landowners list, and to other persons who timely filed public comment in response to public notice. Not all persons on the mailing list for this notice will receive the notice letter from the Office of the Chief Clerk.

Information Available Online. For details about the status of the application, visit the Commissioners' Integrated Database (CID) at www.tceq.texas.gov/goto/cid. Once you have access to the CID using the above link, enter the registration number for this application, which is provided at the top of this notice.

Mailing List. If you submit public comments, you will be added to the mailing list for this application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. To be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

Agency Contacts and Information. All public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/ or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record. For more information about this registration application or the registration process, please call the TCEQ's Public Education Program, Toll Free, at (800) 687-4040 or visit their webpage, www.tceq.texas.gov/goto/pep. General information regarding the TCEQ can be found on our website at www.tceq.texas.gov/. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from City of Dalhart at the address stated above or by calling Mr. James Stroud at (806) 244-5511.

TRD-202003160

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 5, 2020


Notice of Correction - Notice of Public Comment on Proposed Amendments to 30 TAC Chapter 30

In the July 31, 2020, issue of the Texas Register (45 TexReg 5429), the Texas Commission on Environmental Quality (commission) published a Notice of Public Comment on Proposed Amendments to 30 TAC Chapter 30. The notice was missing §30.34 in the list of amended sections. The error is as submitted by the commission.

On page 5429, first paragraph, first sentence should be corrected to read as, "The Texas Commission on Environmental Quality (commission) is accepting written comments regarding proposed amendments to §§30.20, 30.24, 30.33, 30.34, 30.36, 30.81, 30.95, 30.129, and 30.402, and the proposal of new §30.29 of 30 Texas Administrative Code (TAC) Chapter 30, Occupational Licenses and Registration."

For questions concerning this error, please contact Gwen Ricco at (512) 239-2678.

TRD-202003156

Patricia Duron

Program Supervisor, Texas Register Rule Development Team

Texas Commission on Environmental Quality

Filed: August 4, 2020


Notice of Correction to Agreed Order Number 5

In the June 5, 2020, issue of the Texas Register (45 TexReg 3897), the Texas Commission on Environmental Quality (commission) published notice of Agreed Orders, specifically Item Number 5, for DG RV Properties, LLC, Docket Number 2020-0226-PWS-E. The error is as submitted by the commission.

The reference to the penalty should be corrected to read: "$300."

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

TRD-202003136

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 4, 2020


Notice of District Petition: TCEQ Internal Control No. D-03092020-012

Notice issued July 31, 2020

HIJO, LTD., a Texas limited partnership, and Sutton Field Investments, LLC, a Texas limited liability company (Petitioners) filed a petition for creation of Decherd Ranch Municipal Utility District No. 1 of Denton County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners hold title to a majority in value of the land in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 349.490 acres located within Denton County, Texas; and (4) the proposed District is not within the corporate limits or extraterritorial jurisdiction of any city, town or village in Texas. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve inside or outside of its boundaries any and all works, improvements, facilities, plants, equipment, and appliances necessary or helpful to supply and distribute water for municipal, domestic, and commercial purposes; (2) collect, transport, process, dispose of and control domestic, and commercial waste; (3) gather, conduct, divert, abate, amend, and control local storm water or other local harmful excesses of water in the District; (4) design, acquire, construct, finance, improve, operate, and maintain macadamized, graveled, or paved roads and turnpikes, or improvements in aid of those roads; (5) purchase, construct, acquire, improve, or extend inside or outside of its boundaries such additional facilities, systems, plants, and enterprises as shall be consonant with the purposes for which the District is created. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners, from the information available at this time, that the cost of said project will be approximately $27,580,000 (including $17,800,000 for utilities plus $9,780,000 for roads).

INFORMATION SECTION

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

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

TRD-202003164

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 5, 2020


Notice of District Petition: TCEQ Internal Control No. D-05222020-049

Notice issued July 31, 2020

Poetry Road, LLC, a Texas limited liability company (Petitioner) filed a petition for creation of Poetry Road Municipal Utility District No. 1 of Rockwall County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners hold title to a majority in value of the land in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 79.655 acres located within Rockwall County, Texas; and (4) none of the land within the proposed district within the corporate limits or extraterritorial jurisdiction of any city, town or village in Texas. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, or extend inside or outside of the boundaries any and all works, improvements, facilities, plants, equipment, and appliances necessary or helpful to supply and distribute water for municipal, domestic, and commercial purposes; (2) collect, transport, process, dispose of and control domestic, and commercial wastes; (3) gather, conduct, divert, abate, amend, and control local storm water or other local harmful excesses of water in the District; (4) design, acquire, construct, finance, improve, operate, and maintain macadamized, graveled, or paved roads and turnpikes, or improvements in aid of those roads; (5) purchase, construct, acquire, improve, or extend inside or outside of its boundaries such additional facilities, systems, plants, and enterprises as shall be consonant with the purposes for which the District is created. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners, from the information available at this time, that the cost of said project will be approximately $12,810,000 (including $8,180,000 for water, wastewater, and drainage plus $4,630,000 for roads).

INFORMATION SECTION

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

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition.

Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.texas.gov.

TRD-202003159

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 5, 2020


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 15, 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 A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on September 15, 2020. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: Billy R. Hamrick; DOCKET NUMBER: 2017-0960-MSW-E; TCEQ ID NUMBER: RN109124099; LOCATION: 159 Private Road, Aquilla, Hill County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) site; RULE VIOLATED: 30 TAC §330.15, 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: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Epic Renewables, Inc. and William Michael Bruce; DOCKET NUMBER: 2018-0032-MLM-E; TCEQ ID NUMBER: RN106330459; LOCATION: 345 County Road 792, Warehouse Number 3, Suite C, Evadale, Jasper County; TYPE OF FACILITY: industrial and hazardous waste facility; RULES VIOLATED: TWC, §26.121(a)(1) and 30 TAC §335.4(1), by failing to prevent the unauthorized discharge of industrial waste into or adjacent to water in the state; and 30 TAC §327.3(b), by failing to notify the TCEQ within 24 hours of becoming aware of a reportable discharge or spill of a hazardous substance into the environment in a quantity equal to or greater than the reportable quantity in any 24-hour period; PENALTY: $9,850; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: LAM DAO LLC dba A & D Discount; DOCKET NUMBER: 2018-0931-PST-E; TCEQ ID NUMBER: RN101435097; LOCATION: 801 North Taylor Street, Amarillo, Potter County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; and TWC, §26.3475(c)(1) and 30 TAC §334.

TRD-202003139

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 4, 2020


Notice of Opportunity to Comment on a 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 Default Order (DO). 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 September 15, 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 the 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 September 15, 2020. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.

(1) COMPANY: Traveling Tiger Centers LLC; DOCKET NUMBER: 2019-1237-PWS-E; TCEQ ID NUMBER: RN101180529; LOCATION: intersection of United States Interstate Highway 10 East and Highway 34 near Fort Hancock, Hudspeth County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.42(j), by failing to use all chemicals and any additional or replacement process media for treatment of water supplied by the facility that conforms to the American National Standards Institute/National Sanitation Foundation standards; 30 TAC §290.42(f)(2) and (3)(A)(i)(III), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.46(m)(1)(A), by failing to conduct an annual inspection of the facility's three ground storage tanks; and 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the facility's four pressure tanks; PENALTY: $1,447; STAFF ATTORNEY: Taylor Pearson, Litigation Division, MC 175, (512) 239-5937; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

TRD-202003140

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 4, 2020


Notice of Public Comment on Proposed Revisions to 30 TAC Chapters 39, 50, 55, and 331

The Texas Commission on Environmental Quality (commission) is accepting written comments regarding proposed amendments to §§39.403, 50.113, 55.101, 55.201, 331.2, 331.5, 331.7, 331.47, 331.64, and 331.121, and repealed §331.17 and §331.18 of 30 Texas Administrative Code (TAC) Chapter 39, Public Notice, Chapter 50, Action on Applications and Other Authorizations, Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment, and Chapter 331, Underground Injection Control.

Consistent with other commission rules and the United States Environmental Protection Agency's regulations, the proposed rulemaking would amend and repeal rules for pre-injection units associated with nonhazardous, noncommercial injection wells to remove the requirements to permit or register pre-injection units under Chapter 331 and would result in a streamlined underground injection control permit application process.

Written comments may be submitted to Gwen Ricco, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2016-022-331-WS. The comment period closes September 15, 2020. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Tamara Young, Underground Injection Control Permits Section, (512) 239-6582.

TRD-202003107

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 31, 2020


Notice of Public Meeting for TPDES Permit for Municipal Wastewater: New Permit No. WQ0015821001

APPLICATION. City of Granbury, P.O. Box 969, Granbury, Texas 76048, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015821001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day.

The facility will be located at 3121 Old Granbury Road, Granbury, in Hood County, Texas 76049. The treated effluent will be discharged to an unnamed tributary of Rucker Creek; thence to Rucker Creek; thence to Lake Granbury in Segment No. 1205 of the Brazos River Basin. The unclassified receiving water uses are limited aquatic life use for unnamed tributary of Rucker Creek, and high aquatic life use for Rucker Creek. The designated uses for Segment No. 1205 are primary contact recreation, public water supply, and high aquatic life use. In accordance with 30 Texas Administrative Code §307.5 and the TCEQ implementation procedures (June 2010) for the Texas Surface Water Quality Standards, an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Rucker Creek or Lake Granbury, which have been identified as having high aquatic life uses. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received. This link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice. For the exact location, refer to the application.

https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f8168250f&marker=-97.739444%2C32.452777&level=12

The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments about this application. The TCEQ will hold a public meeting on this application because it was requested by a local legislator.

The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. A written response to all timely, relevant and material, or significant comments will be prepared by the Executive Director. All formal comments will be considered before a decision is reached on the permit application. A copy of the written response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.

The Public Meeting is to be held:

Thursday, September 10, 2020 at 7:00 p.m.

Members of the public who would like to ask questions or provide comments during the meeting may access the meeting via webcast by following this link: https://www.gotomeeting.com/webinar/join-webinar and entering Webinar ID 850-659-499. It is recommended that you join the webinar and register for the public meeting at least 15 minutes before the meeting begins. You will be given the option to use your computer audio or to use your phone for participating in the webinar.

Those without internet access may call (512) 239-1201 at least one day prior to the meeting for assistance in accessing the meeting and participating telephonically. Members of the public who wish to only listen to the meeting may call, toll free, (415) 655-0052 and enter access code 455-162-111. Additional information will be available on the agency calendar of events at the following link: https://www.tceq.texas.gov/agency/decisions/hearings/calendar.html.

INFORMATION. Citizens are encouraged to submit written comments anytime during the meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at http://www14.tceq.texas.gov/epic/eComment/. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. Si desea información en español, puede llamar (800) 687-4040. General information about the TCEQ can be found at our web site at www.tceq.texas.gov.

The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Granbury City Hall, 116 West Bridge Street, Granbury, Texas. Further information may also be obtained from City of Granbury at the address stated above or by calling Mr. Rick Crownover at (817) 573-7030, Ext. 1699.

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

Issuance Date: July 29, 2020

TRD-202003166

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 5, 2020


Notice of Public Meeting on an Application for a Water Use Permit: Application No. 13631

RR 417, LLC, has applied for a water use permit to authorize the maintenance of two existing reservoirs on Commissioners Creek, Nueces River Basin for recreational purposes in Bandera County. RR 417, LLC, also seeks authorization to use the bed and banks of Commissioners Creek to convey 40 acre-feet of groundwater per year for subsequent diversion of 10 acre-feet of groundwater for agricultural and recreational purposes in Bandera County and to maintain the reservoirs with groundwater. The application does not request a new appropriation of water. More information on the application and how to participate in the permitting process is given below.

APPLICATION. RR 417, LLC, 9 South Cheska Lane, Houston, Texas 77024, Applicant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Water Use Permit pursuant to Texas Water Code (TWC) §§11.121, 11.042, 11.143 and TCEQ Rules Title 30 Texas Administrative Code (TAC) §§295.1, et seq. Notice is being published and mailed to the water rights holders of record in the Nueces River Basin pursuant to 30 TAC §295.151, and mailed to the Bandera County River Authority & Groundwater District pursuant to 30 TAC §295.153(b)(3).

RR 417, LLC, seeks a water use permit to maintain two existing dams and reservoirs on Commissioners Creek, tributary of Hondo Creek, tributary of the Frio River, Nueces River Basin with a combined normal operating capacity of 29 acre-feet of water for recreational purposes in Bandera County.

Reservoir No. 1 (Waterfront Pond) has a point on the centerline of the dam located at Latitude 29.667189° N, Longitude 99.231489° W, and Reservoir No. 2 (Canoe Pond) has a point on the centerline of the dam located at Latitude 29.668342° N, Longitude 99.229550° W in Bandera County.

Applicant provided evidence of an alternate source to maintain the reservoirs being groundwater from the Trinity Aquifer.

Applicant also seeks authorization to use the bed and banks of Commissioners Creek to convey 40 acre-feet of groundwater.

Applicant seeks to discharge the 40 acre-feet per year of groundwater at a maximum rate of 0.089 cfs (40 gpm) into the reservoirs and subsequently divert 10 acre-feet of the discharged groundwater from the reservoirs at a maximum diversion rate of 0.133 cfs (50 gpm) for agricultural purposes to irrigate 10 acres of land in Bandera County and for recreational purposes.

Ownership of the lands to be inundated and irrigated is evidenced by Special Warranty Deeds recorded as Document No. 00217978, Vol. 1068, pp. 176-184 in the official records of Bandera County.

The Applicant indicates all reservoirs, diversion points, and discharge points are located within ZIP code 78883.

The application and partial fees were received on September 5, 2019. Additional information and fees were received on September 17, and October 7, 2019. The application was declared administratively complete and filed with the Office of the Chief Clerk on October 8, 2019.

The Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would contain special conditions including, but not limited to, maintaining an alternate source of water. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F, Austin, Texas 78753.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments to the Office of the Chief Clerk at the address below. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the permit application and the Executive Director's recommendations, but the comments and questions submitted orally during the Informal Discussion Period will not be considered by the Commissioners and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period, members of the public may state their formal comments orally into the official record. The Executive Director will subsequently summarize the formal comments and prepare a written response which will be considered by the Commissioners before they reach a decision on the application. The Executive Director's written response will be available to the public online or upon request. The public comment period on this application concludes at the close of the public meeting.

The Public Meeting is to be held:

Thursday, September 3, 2020 at 7:00 p.m.

Members of the public who would like to ask questions or provide comments during the meeting may access the meeting via webcast by following this link: https://www.gotomeeting.com/webinar/join-webinar and entering Webinar ID 610-648-323. It is recommended that you join the webinar and register for the public meeting at least 15 minutes before the meeting begins. You will be given the option to use your computer audio or to use your phone for participating in the webinar.

Those without internet access may call (512) 239-1201 at least one day prior to the meeting for assistance in accessing the meeting and participating telephonically. Members of the public who wish to only listen to the meeting may call, toll free, (914) 614-3221 and enter access code 822-638-021. Additional information will be available on the agency calendar of events at the following link: https://www.tceq.texas.gov/agency/decisions/hearings/calendar.html.

INFORMATION. Citizens are encouraged to submit written comments anytime during the public meeting. Citizens may mail their comments to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or submit them electronically at http://www14.tceq.texas.gov/epic/eComment/ by entering WRPERM 13631 in the search field before the public comment period closes. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040. General information can be found at our Web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

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

Issued: July 31, 2020

TRD-202003161

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 5, 2020


Notice of Receipt of Application and Intent to Obtain a Municipal Solid Waste Permit Major Amendment: Proposed Permit No. 420B

Application. City of Colorado City, P.O. Box 912, Colorado City, Mitchell County, Texas 79512, a municipal solid waste processing and disposal landfill, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major permit amendment to authorize a lateral expansion of the Colorado City Municipal Landfill. The facility is located at 222 East County Road 141, Colorado City, Texas 79512 in Mitchell County, Texas. The TCEQ received this application on June 26, 2020. The permit application is available for viewing and copying at the Colorado City Hall, 180 West 3rd, Colorado City, Texas 79512. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: https://arcg.is/1ufTje0. For exact location, refer to application.

Additional Notice. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.

Public Comment/Public Meeting. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

Opportunity for a Contested Case Hearing. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director's decision and for requesting a contested case hearing. A person who may be affected by the facility is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in state district court.

To Request a Contested Case Hearing, You Must Include The Following Items in Your Request: your name, address, phone number; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; a list of all disputed issues of fact that you submit during the comment period, and the statement "(I/we) request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify by name and physical address an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose.

Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn.

If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law that are relevant and material to the Commission's decision on the application submitted during the comment period.

Mailing List. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. To be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

Information Available Online. For details about the status of the application, visit the Commissioners' Integrated Database (CID) at www.tceq.texas.gov/goto/cid. Once you have access to the CID using the above link, enter the permit number for this application, which is provided at the top of this notice.

Agency Contacts and Information. All public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/ or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record. For more information about this permit application or the permitting process, please call the TCEQ's Public Education Program, Toll Free, at (800) 687-4040 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from the City of Colorado City at the address stated above or by calling Mr. Dave Hoover, City Manager at (325) 728-3464.

TRD-202003165

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 5, 2020


Notice of Water Quality Application

The following notice was issued on July 27, 2020.

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

INFORMATION SECTION

The Texas Commission on Environmental Quality has initiated a minor amendment of the Texas Pollutant Discharge Elimination System Permit No. WQ0013355001 to correct typographical errors in the effluent concentrations for the 24-hour acute biomonitoring requirements in the permit. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,350,000 gallons per day. The facility is located at 902 Tara Boulevard, Richmond in Fort Bend, County, Texas 77469.

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

TRD-202003162

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 5, 2020


Notice of Water Rights Application

Notices issued July 29, 2020

APPLICATION NO. 13498; WBCCI, LLC, Applicant, P.O. Box 66428, Houston, Texas 77266, has applied for a Temporary Water Use Permit to authorize the diversion and use of not to exceed 10 acre-feet of water within a three-year period from a point on an unnamed tributary of Mill Creek, San Jacinto River Basin for industrial purposes in Montgomery County. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on June 25, 2018. Additional information and fees were received on September 4, 2018. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on March 21, 2019. The Executive Director has completed the technical review of the application and prepared a draft temporary water use permit. The temporary draft permit, if granted, would include special conditions, including, but not limited to stream flow restrictions. The application, technical memoranda, and Executive Director's draft temporary permit are available for viewing on the TCEQ web page at: www.tceq.texas.gov/permitting/water_rights/wr-permitting/wr-apps-pub-notice. Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below, by August 17, 2020.

To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results. A public meeting is intended for the taking of public comment, and is not a contested case hearing. The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement [I/we] request a contested case hearing; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns.

Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

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

TRD-202003163

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 5, 2020


Texas Ethics Commission

List of Late Filers

Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report, or filing a late report, in reference to the specified filing deadline. If you have any questions, you may contact Sue Edwards at (512) 463-5800.

Deadline: Semiannual Report due January 15, 2019

Clinton A. Bedsole, 8449 Plymouth Lane, Frisco, Texas 75034

Deadline: 8 Day Pre-Election Report due February 24, 2020

Jorge Artalejo, 2914 Lebanon, El Paso, Texas 79930

Carey F. Lashley Jr., 7810 Candle Ln., Houston, Texas 77071

Jenifer Rene Pool, P.O. Box 572211, Houston, Texas 77257

TRD-202003143

Anne Peters

Executive Director

Texas Ethics Commission

Filed: August 4, 2020


General Land Office

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of July 20, 2020 to July 31, 2020. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, August 7, 2020. The public comment period for this project will close at 5:00 p.m. on Sunday, September 6, 2020.

FEDERAL AGENCY ACTIONS:

Applicant: Targa Downstream, LLC

Location: The project site is located in Buffalo Bayou (Houston Ship Channel (HSC), at Targa Galena Park Facility, 12510 American Petroleum Road, in Galena Park, Harris County Texas.

Latitude & Longitude (NAD 83): 29.740925, -95.207850

Project Description: The applicant requests to modify an existing Department of the Army Permit. The applicant proposes to remove and replace an existing Barge Dock, designated Barge Dock 3. The project includes the demolition and removal of the existing Barge Dock 3 and associated support piles, removal of 6 existing mooring dolphins, relocation of an existing mooring dolphin, installation of 8 new 48-inch-diameter mooring dolphins, construction of the proposed Barge Dock 3 including a 50-foot-wide by 100-foot-long platform and a 12-foot-wide by 20-foot-long approach trestle, supported by twenty-seven 18-inch-square concrete piles, installation of two 16-inch-diameter pipe rack support piles, and the installation of approximately 439 linear feet of bulkhead wall including the discharge of approximately 50 cubic yards of material located below the mean high tide (MHT) line to backfill behind the bulkhead.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-1993-01995. This application will be reviewed pursuant to Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act.

CMP Project No: 20-1288-F1

Applicant: City of Port Aransas

Location: The project site is located at the site of the former Brundrett Memorial Pier in the Corpus Christi Ship Channel at the north end of Station Street in Port Aransas, Nueces County, Texas.

Latitude & Longitude (NAD 83): 27.841881, - 97.058330

Project Description: The applicant proposes to construct a 185-foot-long by 11-foot-wide pier with a 128- by 11-foot T-head to replace a pier originally permitted for this location on 12 January 1966 (Permit 6701). The pier would be for public use. The original pier was removed in its entirety under a Nationwide Permit 3 verification dated 3 July 2019 due to damage sustained during Hurricane Harvey. The pier would be reconstructed utilizing a slightly larger footprint than what was detailed in Permit 6701, and an updated design that would better withstand future storm surge events. The proposed pier would be constructed with the following: 20 concrete pilings (14-inch by 14-inch by 60-foot), 22 concrete pilings (14-inch by 14-inch by 40-foot), 21 concrete pile caps, 185 Type A panels (5-foot by 4-foot dimensions), 56 Type B1 beams (626 linear feet), 28 Type B2 beams (313 linear feet), 626 feet of guard/hand railing; and Various lighting and electrical fixtures.

Pier reconstruction activities would initially begin by installing the 42 concrete pilings via a crane-barge with an approximate 40-foot lead. Piles measuring 60 feet in length would be driven to a depth of approximately 55 feet below an assumed water line elevation of +65 feet mean high tide (MHT) while piles measuring 40 feet in length would be driven to a depth of approximately 35 feet below the same assumed water line elevation. Once complete, pile caps would be installed followed by type B1 and B2 beams to frame out the approach and pier. Type A panels along with the guard/hand railing and various electrical fixtures would then be installed to complete construction of the project.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-2019-00348. This application will be reviewed pursuant to Section 10 of the Rivers and Harbor Act.

CMP Project No: 20-1335-F1

Applicant: City of Port Aransas

Location: The project site is located at the site of the former Roberts Point Pier location in the Corpus Christi Ship Channel at Roberts Point Park in Port Aransas, Nueces County, Texas.

Latitude & Longitude (NAD 83): 27.841435, -97.064432

Project Description: The applicant proposes to construct a pier consisting of a 100-foot-long by 5-foot-wide approach with a 140- by 11-foot platform (L-head) to replace a pier originally permitted for this location on 18 February 1981 (Permit 15193), and removed in its entirety under a Nationwide Permit 3 verification dated 3 July 2019 due to damage sustained during Hurricane Harvey. The pier would be for public use. The pier would be reconstructed utilizing a slightly smaller footprint than what was detailed in Permit 15193 and an updated design that would better withstand future storm surge events. The proposed pier would be constructed with the following: 29 concrete pilings (14-inch by 14-inch by 40-foot), 15 concrete pile caps, 100 Type A panels (5-foot by 4-foot dimensions)

26 Type B1 beams (498 linear feet), 13 Type B2 beams (249 linear feet), 498 feet of guard/handrailing; and Various lighting and electrical fixtures.

Pier reconstruction activities would initially begin by installing the 29 concrete pilings via a crane-barge with an approximate 40-foot lead. Piles would be driven to a depth of approximately 35 feet below an assumed water line elevation of +65 feet mean high tide (MHT). Once complete, pile caps would be installed followed by type B1 and B2 beams to frame out the approach and pier. Type A panels along with the guard/hand railing and various electrical fixtures would then be installed to complete construction of the project.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-2019-00349. This application will be reviewed pursuant to Section 10 of the Rivers and Harbor Act.

CMP Project No: 20-1336-F1

Applicant: City of Port Aransas

Location: The project site is located at the former Charlie's Pasture Pier location in the Corpus Christi Ship Channel along Port Street at Charlie's Pasture Park in Port Aransas, Nueces County, Texas.

Latitude & Longitude (NAD 83): 27.838919, - 97.076363

Project Description: The applicant proposes to construct a 260-foot-long by 8-foot-wide pier with a 92- by 8-foot T-head to replace a pier originally permitted for this location on 8 October 1953 (Permit 2510), and removed in its entirety under a Nationwide Permit 3 verification dated 3 July 2019 due to damage sustained during Hurricane Harvey. The pier would be for public use. The pier would be reconstructed utilizing a slightly longer footprint than what was detailed in Permit 2510, and an updated design that would better withstand future storm surge events. The proposed pier would be constructed with the following: 22 concrete pilings (14-inch by 14-inch by 60-foot), 28 concrete pilings (14-inch by 14-inch by 40-foot), 25 concrete pile caps, 146 Type A panels (5-foot by 4-foot dimensions), 8 Type B panels (5.5-foot by 4-foot dimensions), 38 Type B1 beams (728 linear feet)

19 Type B2 beams (364 linear feet), 739 feet of guard/hand railing; and Various lighting and electrical fixtures.

Pier reconstruction activities would initially begin by installing the 50 concrete pilings via a crane-barge with an approximate 40-foot lead. Piles measuring 60 feet in length would be driven to a depth of approximately 55 feet below an assumed water line elevation of +65 feet mean high tide (MHT) while piles measuring 40 feet in length would be driven to a depth of approximately 35 feet below the same assumed water line elevation. Once complete, pile caps would be installed followed by type B1 and B2 beams to frame out the approach and pier. Type A and B panels along with the guard/hand railing and various electrical fixtures would then be installed to complete construction of the project.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-2019-00350. This application will be reviewed pursuant to Section 10 of the Rivers and Harbor Act.

CMP Project No: 20-1337-F1

Applicant: City of South Padre Island

Location: The project site is located on a 107-acre parcel of land, wind tidal flats, and salt marsh contiguous with the Laguna Madre, approximately 0.32 mile north of Beach Access Road 4 along Ocean Boulevard (Park Road 100), South Padre Island, Cameron County, Texas.

Latitude & Longitude (NAD 83):

Project Description: The applicant proposes to place approximately 13,423 cubic yards of "Geoweb" stabilizing material and crushed stone into 2.332 acres of tidal flats (0.16 acre), estuarine marsh (1.98 acres) and palustrine wetlands (0.192 acre) in order to construct a permeable vehicular path from Park Road 100 to the Laguna Madre in order to improve recreational access for non-motorized wind and water-based activities (wind surfing, kayaking, fishing, etc.). Four permeable parking areas would be constructed, one of which would also include a permeable vehicle unloading zone and two equipment set-up/rigging areas. The four parking areas would provide parking for up to 309 vehicles both within and outside of jurisdictional waters. A "Green Flush" restroom facility would be constructed in an upland area to avoid direct impacts.

The applicant has stated that a draft mitigation plan is under development and would be submitted for review at a later time. This draft mitigation plan would include approximately 80.5 acres of tidal flats to be preserved onsite from further degradation as a result of unrestricted vehicular traffic. In addition, 0.28 acre of salt marsh habitat and 0.23 acre of brackish marsh habitat would be planted on the slopes of the vehicular access path and parking areas, as mitigation for impacts to 0.53 acre of salt marsh habitat and 0.05 acre of brackish marsh habitat.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-2018-00232. This application will be reviewed pursuant to Section 10 of the Rivers and Harbor Act and Section 404 of the Clean Water Act.

CMP Project No: 20-1338-F1

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

TRD-202003173

Mark A. Havens

Chief Clerk and Deputy Land Commissioner

General Land Office

Filed: August 5, 2020


Texas Health and Human Services Commission

Amendment to the Youth Empowerment Services (YES) Waiver

Public Notice

Because of the public health emergency resulting from COVID-19, the Health and Human Services Commission (HHSC) submitted a request to the Centers for Medicare & Medicaid Services (CMS) for an amendment to the Youth Empowerment Services (YES) waiver administered under §1915(c) of the Social Security Act through an Appendix K.

HHSC has requested approval to implement the following changes until no later than the end of the public health emergency. Because the situation is evolving, HHSC will determine the most appropriate timeframe for ending each change, which may be before the public health emergency ends. The proposed effective date for this amendment is March 13, 2020.

The request proposes to amend the waiver by making the following changes:

Allow CPR and First Aid certification of existing service providers to extend past the date the certification expires until in-person CPR and First Aid classes are available for the service providers to attend. Allowing this flexibility will help ensure a sufficient number of service providers and continuity of care for the individuals in the YES waiver.

Additionally, the state is working under the authority of the blanket waivers given by CMS. https://www.cms.gov/files/document/summary-covid-19-emergency-declaration-waivers.pdf

CMS has determined that public notice requirements normally applicable under 1915(c) do not apply to information contained in an Appendix K. Therefore, states applying for COVID-19 §1915 (c) Appendix K amendments are not required to conduct a public notice and input process.

If you want to obtain a free copy of the proposed request to amend the waiver or if you have questions, or need additional information regarding this amendment you may contact Luis Solorio by email or telephone as follows:

Telephone

(512) 487-3449

Email

TX_Medicaid_Waivers@hhsc.state.tx.us

TRD-202003170

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: August 5, 2020


COVID-19 Section 1115 - Texas Healthcare Transformation Quality Improvement Program Waiver

Public Notice

Due to the public health emergency resulting from the impact of COVID-19 on the State of Texas, the state requests, via submission of the COVID-19 Section 1115 (a) Demonstration Application Template, waiver or modification of certain requirements outlined in the Texas Healthcare Transformation Quality Improvement Program Waiver (THTQIP-11-W-00278-6) and the Texas Medicaid State Plan. HHSC requests approval from the Centers for Medicare & Medicaid Services (CMS) to implement the following flexibilities related to the inpatient hospital spell of illness limitation.

For inpatient hospital stays related to COVID-19, the state requests to extend the 30-day spell of illness limitation in STAR+PLUS for an additional 30 days, allowing an individual to stay up to 60 days in a hospital.

For inpatient hospital stays related to COVID-19, the state also requests to extend the 30-day spell of illness limitation described in the State Plan for an additional 30 days to allow an individual to stay up to 60 days in a hospital. Additionally, for COVID-19 related stays, the state requests to allow an individual to exceed the $200,000 inpatient hospital benefit limitation outlined in the State Plan.

Additionally, the state is working under the authority of the blanket waivers given by CMS. HHSC is requesting that these waivers and modifications become effective at the earliest possible date and be retroactive in Texas to the date of March 13, 2020.

Pursuant to 42 CFR 431.416(g), CMS has determined that the existence of unforeseen circumstances resulting from the COVID-19 public health emergency warrants an exception to the normal state and federal public notice procedures to expedite a decision on a proposed COVID-19 section 1115 demonstration. States applying for a COVID-19 section 1115 demonstration are not required to conduct a public notice and input process.

An individual may obtain a free copy of the proposed waiver amendment, ask questions, or obtain additional information regarding this amendment by contacting Luis Solario at TX_Medicaid_Waivers@hhsc.state.tx.us.

TRD-202003152

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: August 4, 2020


Texas Department of Insurance

Company Licensing

Application to do business in the state of Texas for Versant Casualty Insurance Company, a foreign fire and/or casualty company. The home office is in Baton Rouge, Louisiana.

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-202003172

James Person

General Counsel

Texas Department of Insurance

Filed: August 5, 2020


Texas Department of Licensing and Regulation

Correction of Error

The Texas Department of Licensing and Regulation (TDLR) adopted amendments to 16 TAC §121.75 in the July 24, 2020, issue of the Texas Register (45 TexReg 5192). The amendments were noted as being adopted without changes from the proposed rulemaking that was published in the February 21, 2020, issue of the Texas Register (45 TexReg 1161). Due to an error by TDLR, the existing text of subsection (a) paragraphs (1) and (2) was omitted from both the proposed rulemaking as well as the adopted rulemaking.

The complete text of subsection (a) should include paragraphs (1) and (2) and should read as follows:

(a) Individuals certified by the BACB are required to comply with the BACB Professional and Ethical Compliance Code for Behavior Analysts.

(1) The department may consult the requirements of the certifying entity or the BACB Professional and Ethical Compliance Code for Behavior Analysts in the application and enforcement of the ethical standards included in this section.

(2) The department will apply the requirements of this section consistent with the requirements, guidance, and interpretations of the certifying entity unless an alternate interpretation is reasonably necessary or required.

TRD-202003129


Texas Lottery Commission

Scratch Ticket Game Number 2234 "$50,000 BONUS CASHWORD"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2234 is "$50,000 BONUS CASHWORD". The play style is "crossword".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2234 shall be $3.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2234.

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: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y and Z.

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. Crossword and Bingo style games do not typically have Play Symbol Captions. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 2234 - 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 (2234), 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: 2234-0000001-001.

H. Pack - A Pack of the "$50,000 BONUS CASHWORD" Scratch Ticket Game contains 125 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be 2 fanfold configurations for this game. Configuration A will show the front of Ticket 001 and the back of Ticket 125. Configuration B will show the back of Ticket 001 and the front of Ticket 125.

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 "$50,000 BONUS CASHWORD" Scratch Ticket Game No. 2234.

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 "$50,000 BONUS CASHWORD" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose one hundred one (101) Play Symbols. A prize winner in the $50,000 BONUS CASHWORD Scratch Ticket Game is determined once the latex on the Scratch Ticket is completely scratched off to expose all of the YOUR 20 LETTERS and the two BONUS LETTERS. The player then scratches all the letters found in the $50,0000 BONUS CASHWORD puzzle that exactly match the YOUR 20 LETTERS and BONUS LETTERS. If the player has scratched at least 3 complete WORDS, the player wins the prize found in the PRIZE LEGEND. Only one prize paid per Ticket. Only letters within the $50,000 BONUS CASHWORD puzzle that are matched with the YOUR 20 LETTERS and BONUS LETTERS can be used to form a complete WORD. Every letter within an unbroken horizontal (left to right) or vertical (top to bottom) sequence must be matched with the player's YOUR 20 LETTERS and BONUS LETTERS to be considered a complete WORD. Words revealed in a diagonal sequence are not considered valid WORDS. Words within WORDS are not eligible for a prize. Words that are spelled from right to left or bottom to top are not eligible for a prize. A complete WORD must contain at least three letters. 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 one hundred one (101) 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; Crossword and Bingo style games do not typically have Play Symbol Captions;

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 one hundred one (101) 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 one hundred one (101) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the one hundred one (101) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. GENERAL: There is no correlation between any exposed data on a Ticket and its status as a winner or non-winner.

C. CROSSWORD GAMES: The grid on each Ticket will contain exactly the same number of letters.

D. CROSSWORD GAMES: The grid on each Ticket will contain exactly the same number of words.

E. CROSSWORD GAMES: No matching words on a Ticket.

F. CROSSWORD GAMES: All words used will be from the TEXAS APPROVED WORD LIST CASHWORD/CROSSWORD v.2.0, dated January 31, 2019.

G. CROSSWORD GAMES: All words will contain a minimum of three (3) letters.

H. CROSSWORD GAMES: All words will contain a maximum of nine (9) letters.

I. CROSSWORD GAMES: There will be a minimum of three (3) vowels in the YOUR 20 LETTERS and the BONUS LETTERS play areas. Vowels are considered to be A,E,I,O,U.

J. CROSSWORD GAMES: No consonant will appear more than nine (9) times, and no vowel will appear more than fourteen (14) times in the grid.

K. CROSSWORD GAMES: No matching Play Symbols in the YOUR 20 LETTERS play area.

L. CROSSWORD GAMES: At least fifteen (15) of the letters in the YOUR 20 LETTERS and BONUS LETTERS play areas will open at least one (1) letter in the grid.

M. CROSSWORD GAMES: The presence or absence of any letter or combination of letters in the YOUR 20 LETTERS and the BONUS LETTERS play areas will not be indicative of a winning or Non-Winning Ticket.

N. CROSSWORD GAMES: Words from the TEXAS REJECTED WORD LIST v.2.3, dated December 4, 2017, will not appear horizontally in the YOUR 20 LETTERS play area when read left to right or right to left.

O. CROSSWORD GAMES: On Non-Winning Tickets, there will be two (2) completed words in the grid.

P. CROSSWORD GAMES: There will be a random distribution of all Play Symbols on the Ticket, unless restricted by other parameters, play action or prize structure.

Q. CROSSWORD GAMES: There will be no more than twelve (12) complete words in the grid.

R. CROSSWORD GAMES: A Ticket can only win one (1) time.

S. CROSSWORD GAMES: The two (2) BONUS LETTERS Play Symbols will not match any of the YOUR 20 LETTERS Play Symbols on a Ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "$50,000 BONUS CASHWORD" Scratch Ticket Game prize of $3.00, $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$50,000 BONUS CASHWORD" Scratch Ticket Game prize of $5,000 or $50,000, 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 "$50,000 BONUS CASHWORD" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "$50,000 BONUS CASHWORD" 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 "$50,000 BONUS CASHWORD" 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 35,760,000 Scratch Tickets in Scratch Ticket Game No. 2234. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2234 - 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. 2234 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. 2234, 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-202003153

Bob Biard

General Counsel

Texas Lottery Commission

Filed: August 4, 2020


Scratch Ticket Game Number 2263 "MONEY MULTIPLIER"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2263 is "MONEY MULTIPLIER". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2263 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2263.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 03, 04, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 2X SYMBOL, 5X SYMBOL, 10X SYMBOL, STACK OF CASH SYMBOL, $5.00, $10.00, $20.00, $50.00, $100, $250, $500, $1,000 and $100,000.

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

Figure 1: GAME NO. 2263 - 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 (2263), 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: 2263-0000001-001.

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

I. Non-Winning 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 "MONEY MULTIPLIER" Scratch Ticket Game No. 2263.

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 "MONEY MULTIPLIER" 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 "STACK OF CASH" Play Symbol, the player wins the prize for that symbol instantly. If the player reveals a "2X" Play Symbol, the player wins DOUBLE the prize for that symbol. If the player reveals a "5X" Play Symbol, the player wins 5 TIMES the prize for that symbol. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 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. A Ticket can win as indicated by the prize structure.

C. A Ticket can win up to twenty (20) times.

D. On winning and Non-Winning Tickets, the top cash prizes of $1,000 and $100,000 will each appear at least once, except on Tickets winning twenty (20) times, with respect to other parameters, play action or prize structure.

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

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

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

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

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

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

K. The "STACK OF CASH" (WIN$) Play Symbol will never appear on the same Ticket as the "2X" (DBL), "5X" (WINX5) or "10X" (WINX10) Play Symbols.

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

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

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

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

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

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

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

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

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

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

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

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

X. The "STACK OF CASH" (WIN$) Play Symbol will win the prize for that Play Symbol.

Y. The "STACK OF CASH" (WIN$) Play Symbol will never appear more than once on a Ticket.

Z. The "STACK OF CASH" (WIN$) Play Symbol will never appear on a Non-Winning Ticket.

AA. The "STACK OF CASH" (WIN$) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "MONEY MULTIPLIER" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $25.00, $50.00, $100, $250 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $50.00, $100, $250 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 "MONEY MULTIPLIER" Scratch Ticket Game prize of $1,000 or $100,000, 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 "MONEY MULTIPLIER" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "MONEY MULTIPLIER" 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 "MONEY MULTIPLIER" 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. 2263. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2263 - 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. 2263 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. 2263, 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-202003145

Bob Biard

General Counsel

Texas Lottery Commission

Filed: August 4, 2020


Public Utility Commission of Texas

Public Notice of Second Request for Comments Review of Issues Relating to Electric Vehicles

The staff of the Public Utility Commission of Texas (commission) requests comments on questions regarding Project No. 49125, Review of Issues Relating to Electric Vehicles. Written comments may be filed through the Interchange on the commission's website as long as the commission's Order filed in Docket No. 50664, Issues Related to the State of Disaster for Coronavirus Disease 2019, is in effect. A copy of all comments received may be viewed by accessing the Interchange at: https://interchange.puc.texas.gov. Should the commission's Order entered in Docket No. 50664 no longer be in effect, then parties may file written comments by submitting 16 copies of such comments to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin Texas 78711-3326. All comments should reference Project No. 49125. Comments are due by August 28, 2020. No replies are requested at this time.

Questions concerning this notice should be referred to Kristin Abbott at (512) 936-7459 or kristin.abbott@puc.texas.gov. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1.

1. As a matter of policy, which entity or entities should be permitted to own or operate an electric vehicle charging station in the Texas competitive electric market? Is a different ownership structure appropriate for service areas not open to retail competition?

2. Is the operation of an electric vehicle charging station a retail sale of electricity?

3. As a matter of policy, how should the cost of the distribution system infrastructure associated with an electric vehicle charging station be recovered in the Texas competitive electric market?

4. Is the answer to Question 3 different for an electric vehicle charging station located in a remote area, primarily for use by long-distance rather than local motorists?

TRD-202003133

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: August 4, 2020


Texas State Soil and Water Conservation Board

Request for Proposals for the Fiscal Year 2021 Clean Water Act §319(h) Nonpoint Source Grant Program

PROPOSALS DUE: September 25, 2020

INTRODUCTION

This request for proposals (RFP) provides instructions and guidance for applicants seeking funding from the Texas State Soil and Water Conservation Board (TSSWCB) under the Clean Water Act (CWA) §319(h) Nonpoint Source (NPS) Grant Program. The U.S. Environmental Protection Agency (EPA) distributes funds appropriated by Congress annually to the TSSWCB under the authorization of CWA §319(h). TSSWCB then administers/awards these federal funds as grants to cooperating entities for activities that address the goals, objectives, and priorities stated in the Texas NPS Management Program. The Texas NPS Management Program is the State's comprehensive strategy to protect and restore water quality in waterbodies impacted by NPS water pollution. This document can be accessed online at https://www.tsswcb.texas.gov/programs/texas-nonpoint-source-management-program.

The types of agricultural and silvicultural NPS pollution prevention and abatement activities that can be funded with §319(h) grants include the following: (1) implementation of nine-element watershed protection plans (WPPs) and the agricultural and silvicultural NPS portion of Total Maximum Daily Load (TMDL) Implementation Plans (I-Plans); (2) surface water quality monitoring, data analysis and modeling, demonstration of innovative best management practices (BMPs); (3) technical assistance to landowners for conservation planning; (4) public outreach/education, development of nine-element WPPs including the formation and facilitation of stakeholder groups; and (5) monitoring activities to determine the effectiveness of specific pollution prevention methods. Strictly research activities are not eligible for §319(h) grant funding.

Proposals Requested

The TSSWCB is requesting proposals for watershed assessment, planning, implementation, demonstration, and education projects within the boundaries of impaired or threatened watersheds. The Texas Integrated Report of Surface Water Quality (https://www.tceq.texas.gov/waterquality/assessment) describes the water quality conditions for waterbodies in the state. All proposals must focus on the restoration and protection of water quality consistent with the goals, objectives, and priority watersheds and aquifers identified in Appendix C and D of the Texas NPS Management Program. Up to $1 million of the TSSWCB's FY2021 CWA §319(h) grant will be eligible for award under this RFP. No more than 10% of these funds may be utilized for groundwater projects. A competitive proposal process will be used so that the most appropriate and effective projects are selected for available funding.

Applicants that submit project proposals should, where applicable, focus on interagency coordination, demonstrate new or innovative technologies, use comprehensive strategies that have statewide applicability, and highlight public participation. Examples of project proposals previously funded by TSSWCB are available at:

https://www.tsswcb.texas.gov/index.php/programs/texas-nonpoint-source-management-program/active-nonpoint-source-grant-projects.

Additionally, applicants are encouraged to review EPA's Grant Guidelines for the NPS Program available at https://www.epa.gov/nps/319-grant-program-states-and-territories.

Individual Award Amounts

This RFP does not set a maximum or minimum award amount for individual projects; however, project funding generally ranges between $100,000 and $400,000 for a two to three-year project.

Reimbursement and Matching Requirements

The TSSWCB CWA §319(h) NPS Grant Program has a 60/40% match requirement, however proposals that do not meet the minimum matching requirement will still be considered. The cooperating entity will be reimbursed up to 60% from federal funds and must contribute a minimum of 40% of the total costs to conduct the project. The match must be from non-federal sources (may be cash or in-kind services) and must be described in the budget justification. Reimbursable indirect costs are limited to no more than 15% of total federal direct costs.

Required Reporting and QAPP

Quarterly progress and final reports are the minimum project reporting requirements. All projects that include an environmental data collection, generation or compilation component (e.g., water quality monitoring, modeling, bacterial source tracking) must have a Quality Assurance Project Plan (QAPP), to be reviewed and approved by TSSWCB and the EPA. Project budgets and timelines should account for the development and review of QAPPs, final reports, and watershed protection plans. More information on QAPPs and the TSSWCB Environmental Data Quality Management Plan is available at https://www.tsswcb.texas.gov/programs/texas-nonpoint-source-management-program/environmental-data-quality-management.

TSSWCB PRIORITIES

For this FY2021 RFP, the following project priorities have been identified. Proposals that do not focus on these priorities are still welcomed but may score lower than those that focus on the priorities.

Priority Project Activities

Implement WPPs and TMDL I-Plans (see priority areas listed below).

WPP development initiatives (see Appendix C in Texas NPS Management Program), which include activities such as the formation of watershed groups or water quality data collection and analysis.

Implement components of the Texas Coastal NPS Pollution Control Program in the Coastal Management Zone (https://www.tsswcb.texas.gov/programs/texas-nonpoint-source-management-program/coastal-nonpoint-source-pollution-control-program).

Support use of federal Farm Bill Programs and Initiatives (National Water Quality Initiative (NWQI)).

Demonstration projects and/or development/delivery of education programs.

Priority Areas for WPP Implementation Projects

WPPs

Leon River

Geronimo and Alligator Creeks

Lake Lavon

Plum Creek (Segment 1810)

Lampasas River

Double Bayou

Navasota River

Attoyac Bayou

Mid and Lower Cibolo

ELIGIBLE ORGANIZATIONS

Grants will be available to public and private entities such as local municipal and county governments and other political subdivisions of the State (e.g., soil and water conservation districts), educational institutions, non-profit organizations, and state and federal agencies. Private organizations (for profit), may participate in projects as partners or contractors but may not apply directly for funding.

SELECTION PROCESS AND AWARD

Review Process

TSSWCB will review each proposal that is submitted by the deadline by an eligible organization.

At any time during the review process, a TSSWCB staff member may contact the applicant for additional information.

All areas of the budget are subject to review and approval by TSSWCB.

Scoring

Reviewed proposals will be scored and ranked based on the evaluation and ranking criteria included in this RFP on pp. 19-20. A minimum scoring requirement (70%) is necessary for proposals to be eligible for consideration.

All applicants, unsuccessful and successful, will be notified. Those applicants whose proposals are recommended for funding will be contacted, and then TSSWCB will work with the applicant to revise and finalize the proposal prior to submittal to EPA. EPA must review and approve all proposals prior to TSSWCB awarding grant funds. All grant awards will be contingent on the selected applicant's return of a grant contract provided by TSSWCB which will incorporate all applicable state and federal contracting requirements.

Grant Award Decisions

During the grant review and award process, the TSSWCB may take into consideration other factors including whether the applicant has demonstrated acceptable past performance as a grantee in areas related to programmatic and financial stewardship of grant funds.

TSSWCB may choose to award a grant contract from a different TSSWCB funding source than that for which the applicant applied.

TSSWCB is not obligated to award a grant at the total amount requested and/or within the budget categories requested. TSWCB reserves the right to make awards at amounts above and/or below the stated funding levels. All grant decisions including, but not limited to, eligibility, evaluation and review, and funding rest completely within the discretionary authority of the TSSWCB. The decisions made by the TSSWCB are final and are not subject to appeal.

Funding Priority

TSSWCB reserves the right to consider all other appropriations or funding an applicant currently receives when making funding decisions.

Grant Award Notification

All applicants, unsuccessful and successful, will be notified. Those applicants whose proposals are recommended for funding will be contacted, and then TSSWCB will work with the applicant to revise and finalize the proposal prior to submittal to EPA. EPA must review and approve all proposals prior to TSSWCB awarding grant funds. TSSWCB may utilize a grant contract document and/or a notice of grant document once a decision is made to award a grant. The applicant will be given a deadline to accept the grant award and to return the appropriate document to the TSSWCB within the time prescribed by the TSSWCB. An applicant's failure to return the signed document to the TSSWCB within the prescribed time period will be construed as a rejection of the grant award, and the TSSWCB may de-obligate funds.

Special Conditions

The TSSWCB may assign special conditions at the time of the award. Until satisfied, these special conditions may affect the applicant's ability to receive funds. If special conditions are not resolved, the TSSWCB may de-obligate funds up to the entire amount of the grant award.

ELIGIBLE BUDGET CATEGORIES

Personnel

Fringe Benefits

Travel

Equipment

Supplies

Contractual

Construction

Other

Indirect

INELIGIBLE COSTS

Ineligible costs include, but are not limited to:

Contracting for grant activities that would otherwise be provided by employees of the grantee's organization

Payment for lobbying

Purchasing food and beverages except as allowed under Texas State Travel Guidelines

Purchasing or leasing vehicles

Purchasing promotional items or recreational activities

Paying for travel that is unrelated to the direct delivery of services that supports the project funded under this RFP

Paying consultants or vendors who participate directly in writing a grant application

Paying any portion of the salary or any other compensation for an elected government official

Payment of bad debt, fines or penalties

Purchasing any other products or services the TSSWCB identifies as inappropriate or unallowable.

Any unallowable costs set forth in state or federal cost principles

Any unallowable costs set forth in the NPS Grant Program.

STATE AND FEDERAL REQUIREMENTS

All applicants should review and be familiar with the TSSWCB administrative rules governing Nonpoint Source Grant Program. These rules are published in Texas Administrative Code, Title 31, Chapter 523.1(b)(2):

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=31&pt=17&ch=523&rl=1

In addition to the TSSWCB's administrative rules, applicants should be familiar with the Uniform Grant Management Standards (UGMS) and relevant Code of Federal Regulations (CFR) that relate to state, and if applicable, federal grant funding. UGMS can be found at: https://comptroller.texas.gov/purchasing/grant-management/. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200 can be found at: http://www.ecfr.gov.

SUBMISSION PROCESS

To obtain a complete copy of TSSWCB's RFP and proposal submission packet, please visit https://www.tsswcb.texas.gov/programs/texas-nonpoint-source-management-program or contact Jana Lloyd at (254) 231-2491. All proposals must be submitted electronically (MS® Word) using the workplan template provided in this RFP; otherwise, proposals will be considered administratively incomplete and not considered for funding. All letters of support for the proposal, including letters from Project Partners confirming their role, must be received by the proposal due date to be considered. Submit proposals to jlloyd@tsswcb.texas.gov. Proposals must be received electronically by 5:00 p.m. CDT, September 25, 2020, to be considered.

FY2021 GRANT TIMELINE

Issuance of RFP August 14, 2020

Deadline for Submission of Proposals September 25, 2020

Proposal Evaluation by TSSWCB October-November 2020

Notification of Selected Proposals/Unsuccessful applicants December 2020

Work with applicants to Finalize Selected Proposals November- December 2020

Review of Selected Proposals by EPA January 2021

Submit Grant Application to EPA May 2021

Contract Award August 2021

Anticipated Project Start Date September 1, 2021

TRD-202003142

Liza Parker

Legislative Liaison / Policy Analyst

Texas State Soil and Water Conservation Board

Filed: August 4, 2020


Texas Workforce Commission

Notice of Correction of Error

The Texas Workforce Commission proposed revisions to 40 TAC Chapter 815, Unemployment Insurance, in the July 31, 2020, issue of the Texas Register (45 TexReg 5325). Due to a submittal error, the proposed language approved by the Commission for new §815.181 was not published.

The corrected Explanation of Individual Provisions and proposed rule language for new §815.181 are included in this notice.

On page 5328, the Explanation of Individual Provisions for new §815.181 is corrected to read as follows:

§815.181. Coordination of CARES Act Programs.

New §815.181 describes how CARES Act programs will be integrated into existing benefit programs.

New subsection (a) provides for the program order in which a claimant can claim benefits. That order is as follows:

For a claimant who is eligible for regular compensation, including Unemployment Compensation for Federal Employees (UCFE) and Unemployment Compensation for Ex-servicemembers (UCX), the following order of payment applies:

--The claimant must first apply for and receive regular compensation. The amount and duration of these benefits are as defined by the Act;

--if the claimant exhausts regular compensation, the claimant may then be eligible to receive PEUC;

--if the claimant exhausts PEUC and the state has "triggered on" to EB under Chapter 209 of the Act, the claimant may then be eligible to receive EB;

--if the State is not "triggered on" to EB or the claimant exhausts EB, the claimant may then be eligible to receive PUA. If the State "triggers on" to EB during the period in which the claimant is collecting PUA and the claimant has not previously exhausted entitlement to EB for the respective benefit year, then the claimant must stop collecting PUA and file for EB; and

--if the claimant meets the qualifications to receive Trade Readjustment Allowances (TRA), such benefits will be payable after regular compensation, PEUC, and EB if "triggered on", but prior to PUA.

New subsection (b) describes that for a claimant who is not eligible for regular compensation, PEUC, EB, or TRA, and who meets the federal requirements, the claimant may be eligible to collect PUA.

New subsection (c) addresses the additional compensation provided by FPUC. FPUC provides for additional compensation to a claimant collecting regular compensation, PEUC, PUA, EB, a Shared Work program under Chapter 215 of the Act, TRA, and Disaster Unemployment Assistance (DUA). Claimants will receive FPUC payments concurrently with the respective underlying program for which the claimant is eligible. This applies for the benefit week ending April 4, 2020, through the benefit week ending July 25, 2020 unless subsequently amended by federal law.

On page 5334, the proposed new language for §815.181 is corrected to read as follows:

§815.181. Coordination of CARES Act Programs.

(a) For a claimant who is eligible for regular compensation, including Unemployment Compensation for Federal Employees (UCFE) and Unemployment Compensation for Ex-servicemembers (UCX), the following order of payment applies:

(1) The claimant must first apply for and receive regular compensation. The amount and duration of these benefits are as defined by the Act;

(2) if the claimant exhausts regular compensation, the claimant may then be eligible to receive PEUC;

(3) if the claimant exhausts PEUC and the state has "triggered on" to Extended Benefits (EB) under Chapter 209 of the Act, the claimant may then be eligible to receive EB;

(4) if the State is not "triggered on" to EB or the claimant exhausts EB, the claimant may then be eligible to receive PUA. If the State "triggers on" to EB during the period in which the claimant is collecting PUA and the claimant has not previously exhausted entitlement to EB for the respective benefit year, then the claimant must stop collecting PUA and file for EB; and

(5) if the claimant meets the qualifications to receive Trade Readjustment Allowances (TRA), such benefits will be payable after regular compensation, PEUC, and EB if "triggered on", but prior to PUA.

(b) For a claimant who is not eligible for regular compensation, PEUC, EB, or TRA, and who meets the federal requirements, the claimant may be eligible to collect PUA.

(c) FPUC provides for additional compensation to a claimant collecting regular compensation, PEUC, PUA, EB, a Shared Work program under Chapter 215 of the Act, TRA, and Disaster Unemployment Assistance (DUA). Claimants will receive FPUC payments concurrently with payments under these programs. This applies for the benefit week ending April 4, 2020 through the benefit week ending July 25, 2020 unless subsequently amended by federal law.

TRD-202003174