IN ADDITION

IN ADDITION

Notice of Public Hearing on Proposed Amendments to 4 TAC Chapter 9, Concerning Seed Quality

Date of Meeting: January 13, 2023

Time of Meeting: 10:00 a.m.

Hearing: The Texas Department of Agriculture (Department) will hold a public hearing on January 13, 2023, at 10:00 a.m., to receive public comment on the Department's proposed amendments to its Seed Quality Program (Program) rules, Texas Administrative Code, Title 4, Part 1, Chapter 9 (Seed Quality), §§9.1 - 9.5, 9.7, 9.9, 9.11, and 9.12. The proposed amendments were published in the December 16, 2022, issue of the Texas Register (47 TexReg 8177).

The proposed amendments can also be accessed through the Program's webpage at https://www.texasagriculture.gov/Regulatory-Programs/Seed-Quality. The hearing is being held in compliance with Section 61.002 of the Texas Agriculture Code, which requires the Department to conduct a public hearing on proposed new rules and amendments for this chapter.

This public hearing will be held online via the Microsoft TEAMS application only at https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzI4YjE1MDctZDdjMy00YTU5LThkNTctMWEwNzNlOTlmZmEz%40thread.v2/0?context=%7b%22Tid%22%3a%220d16d504-d03a-4e2e-8316-8408747d7c7f%22%2c%22Oid%22%3a%226d7dd33a-1c80-4c77-8cfe-972745d6226b%22%7d.

The meeting ID is 298 250 010 341. There is no physical location for this hearing.

Members of the public who would like to attend the hearing may also join telephonically by calling +1 512-910-3546 and entering conference code 119857302#.

Agenda:

1. Call to Order

2. Public hearing to receive comments from interested persons concerning proposed amendments to the Texas Administrative Code, Title 4, Part 1, Chapter 9 (Seed Quality). Any interested person may appear and offer comments or statements, either orally or in writing; however, questioning commenters will be reserved exclusively for Department staff as may be necessary to ensure a complete record. While any person with pertinent comments or statements will be granted an opportunity to present them during the course of the hearing, the Department reserves the right to restrict statements in terms of time or repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views or similar comments through a representative member when possible.

3. Adjourn

Comments:

Public Comment or Testimony. The Department welcomes public comments pertaining to the proposed amendments. Members of the public who would like to provide public comment may choose from the following options:

Oral Comments. Each public comment is limited to five minutes. The Department may extend this time period if it considers the circumstances appropriate to do so. Speakers must state their name and on whose behalf they are speaking (if anyone).

Written Comments. Written comments regarding the proposed rule amendments may be submitted instead of, or in addition to, oral comments until January 16, 2023 at 5:00 p.m. Written comments may be sent to Morris Karam, Assistant General Counsel, Texas Department of Agriculture, at P.O. Box 12847, Austin, Texas 78711, or Morris.Karam@TexasAgriculture.gov.

Auxiliary Aids or Services for Persons with a Disability. If you would like to attend the meeting and require auxiliary aids or services, please notify the Texas Department of Agriculture at least 72 hours before the meeting, so that appropriate arrangements can be made. Requests may be made by telephone to Morris Karam, at (512) 463-3620 or by email to Morris.Karam@TexasAgriculture.gov.

For more information regarding this public hearing, please contact Morris Karam, Assistant General Counsel, Texas Department of Agriculture, at P.O. Box 12847, Austin, Texas 78711, (512) 463-3620, or Morris.Karam@TexasAgriculture.gov.

TRD-202205160

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: December 21, 2022

Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil - November 2022

The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of oil for reporting period November 2022 is $58.59 per barrel for the three-month period beginning on August 1, 2022, and ending October 31, 2022. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of November 2022, from a qualified low-producing oil lease, is not eligible for credit on the oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period November 2022 is $5.14 per mcf for the three-month period beginning on August 1, 2022, and ending October 31, 2022. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of November 2022, from a qualified low-producing well, is not eligible for credit on the natural gas production tax imposed by Tax Code, Chapter 201.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of November 2022 is $84.39 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of November 2022, from a qualified low-producing oil well.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of November 2022 is $6.43 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from gas produced during the month of November 2022, from a qualified low-producing gas well.

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

TRD-202205134

Jenny Burleson

Director, Tax Policy

Comptroller of Public Accounts

Filed: December 20, 2022

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 12/26/22 - 01/01/23 is 18% for Consumer^¹/Agricultural/Commercial^² credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 12/26/22 - 01/01/23 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 01/01/23 - 01/31/23 is 7.50% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 01/01/23 - 01/31/23 is 7.50% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

TRD-202205139

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: December 20, 2022

Credit Union Department

Application for a Merger or Consolidation

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

An application was received from CTECU (Houston) seeking approval to merge with Chevron Federal Credit Union (Concord, CA), with the latter being the surviving credit union.

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

TRD-202205151

Michael S. Riepen

Commissioner

Credit Union Department

Filed: December 21, 2022

Application to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration.

An application was received from Cabot Community Credit Union #1, Pampa, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in, businesses and other legal entities located within Gray County, Texas, to be eligible for membership in the credit union.

An application was received from Cabot Community Credit Union #2, Pampa, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in, businesses and other legal entities located within Roberts County, Texas, to be eligible for membership in the credit union.

An application was received from Matagorda County Credit Union, Bay City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in, businesses and other legal entities located in Matagorda, Wharton and Brazoria Counties, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union #1, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in, businesses and other legal entities located in Jefferson County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union #2, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in, businesses and other legal entities located in Hardin County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union #3, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in, businesses and other legal entities located in Orange County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union #4, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in, businesses and other legal entities located in San Jacinto County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union #5, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in, businesses and other legal entities located in Polk County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union #6, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship or attend school in, businesses and other legal entities located in Tyler County, Texas, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.cud.texas.gov/page/bylaw-charter-applications. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-202205143

Michael S. Riepen

Commissioner

Credit Union Department

Filed: December 21, 2022

Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final actions taken on the following applications:

Field of Membership - Approved

Energy Capital Credit Union (Houston) - See Texas Register dated on July 29, 2022.

Eastex Credit Union (Evadale) - See Texas Register dated on October 28, 2022.

TRD-202205142

Michael S. Riepen

Commissioner

Credit Union Department

Filed: December 21, 2022

Texas Education Agency

Request for Prekindergarten Progress Monitoring Instrument Submissions

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figures cited in this miscellaneous document are not included in the print version of the Texas Register. The figures are available in the on-line version of the December 30, 2022, issue of the Texas Register.)

Filing Authority. Texas Education Code, §29.169(c)

Description. The Texas Education Agency (TEA) is notifying publishers, school districts, and charter schools that prekindergarten student progress monitoring tools (English and Spanish) may be submitted for review for inclusion on the 2023-2027 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments. The 2023-2027 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments will be available in spring 2023 so that school districts and open-enrollment charter schools may order instruments for implementation starting in the 2023-2024 school year. Instruments selected for the commissioner's list will remain on the list for a minimum of four school years. Inclusion on the 2023-2027 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments will be evaluated in terms of psychometric properties, administrative features, scoring, and efficiency (e.g., cost, time to administer). TEA will only accept assessments that assess all the following domains: social and emotional development (a.k.a. health and wellness), emergent literacy - language and communication, emergent literacy - reading, emergent literacy - writing, and mathematics. In addition, all submitted instruments must, minimally, address the required skills within each domain as outlined in Table 1. Required domains and skills.

Prekindergarten. Texas Education Code (TEC), §29.169, authorizes the commissioner of education to develop a recommended list of student progress monitoring tools for school districts and charter schools to measure the progress of students in meeting the recommended prekindergarten learning outcomes. In accordance with TEC, §29.169, a school district shall select and implement appropriate methods for evaluating the district's program classes by measuring student progress and shall make data from the results of program evaluations available to parents. A school district may administer diagnostic assessments to students in a program class to evaluate student progress but may not administer a state standardized assessment instrument. An assessment instrument administered to a prekindergarten program class must be selected from a list of appropriate prekindergarten assessment instruments identified by the commissioner.

At the beginning and end of the school year, the progress of each student in meeting the recommended end of prekindergarten year outcomes must be assessed, using a progress monitoring tool included on the commissioner's list of approved prekindergarten instruments that measures: (A) social and emotional development, which may be referred to as "health and wellness" in a progress monitoring tool; (B) emergent literacy - language and communication; (C) emergent literacy - reading; (D) emergent literacy - writing; and (E) mathematics (19 TAC §102.1003(c)).

Each district or charter school must select a progress monitoring instrument from the 2023-2027 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments to measure each of the five domains and required skills listed in Table 1. Required domains and skills. Specific details regarding the end of prekindergarten year outcomes associated with each domain and all skills within each domain may be found in the Texas Prekindergarten Guidelines (2022).

Table 1. Required domains and skills. (.pdf)

See the Guidelines for the Implementation of TEA Criteria for the Evaluation of English and Spanish Prekindergarten Progress Monitoring Instruments section of this notice for additional information. Submissions must include a concise summary of the evidence base for each requested component in this request, along with a brief discussion of how the instrument aligns with the cited research. Submissions must include supporting documentation.

Guidelines for the Implementation of TEA Criteria for the Evaluation of English and Spanish Prekindergarten Progress Monitoring Instruments (.pdf)

General

1. The instrument must be intended for progress monitoring use in prekindergarten. Progress monitoring refers to relatively brief measures that are conducted on a routine basis to provide information on what children are learning and rates of improvement across the prekindergarten year. Results of progress monitoring measures should be predictive of lengthier (e.g., comprehensive) standardized measures. As progress monitoring measures are relatively brief, teachers can conduct them at least three times across a school year and learn which students are or are not demonstrating adequate progress. This knowledge should allow teachers to determine what children are learning and adapt their curricular activities and instructional approaches to be more responsive to children's needs. All submitted instruments must allow for assessment a minimum of three times across the school year (i.e., beginning, middle and end of year).

2. Submitted instruments must be considered standardized assessments. This means the instrument measures skills using common sets of questions, tasks, and materials that are administered and scored in a consistent manner. The instrument must also be reliable and valid and meet all applicable psychometric requirements outlined below.

3. Submitted instruments must consist of both English and Spanish versions. English and Spanish versions must assess the same domains and skills within each domain. In addition, the psychometric requirements listed below must be provided for both English and Spanish versions of the instrument.

4. The length of time needed to administer each domain must be appropriate for a prekindergarten student.

5. Some criteria may be measured through observation, informal assessments, reflection, collection of children's work in portfolios, or checklists. However, informal assessments may not be the primary method for monitoring children's progress.

Domains and Skills

6. To be considered for review, prekindergarten progress monitoring instruments must be multidimensional, meaning they must: a) directly assess all five domains (i.e., social and emotional development, emergent literacy - language and communication, emergent literacy - reading, emergent literacy - writing, and mathematics) as specified in the 2022 Texas Prekindergarten Guidelines; and b) directly assess all required skills listed for each domain in Table 1. Required domains and skills.

7. The instrument must have a scoring structure that yields a separate score for each of the five required domains. An instrument will only be considered to "assess" a domain if it provides a separate score for that domain.

8. The instrument must provide a separate score for each of the skills measured within each of the five domains. An instrument will only be considered to "assess" a skill within a domain if it provides a separate score for that skill.

9. The instrument must be individually administered.

10. Administration and interpretation of the instrument by a classroom teacher must be allowable and feasible. Specifically, the qualifications for those who administer and interpret the instrument (as specified in publisher's guidelines) should be within the coursework and/or licenses typically completed by certified teachers in Texas public schools. Administration procedures requiring extensive timing, the establishment of a basal and ceiling, complex judgments, and/or subjective ratings that require the special training of a diagnostician are not considered feasible for teacher administration.

Psychometric Requirements

11. If the instrument is norm-referenced, it must have a representative norming sample in terms of the sample size and the groups represented. Norm-referenced tests must be representative of the population of students in the grade(s) or at the age(s) for which the instrument is intended. Criterion-referenced decisions about criterion mastery, non-mastery, risk, and impairment have special requirements for reliability and validity (see guidelines 12 and 13 below).

12. At a minimum, an instrument must possess adequate reliability as demonstrated by independent research. For instruments built using classical test theory, reliability data/information should include, minimally, internal consistency (e.g., alpha coefficients) and alternate form and/or test-retest reliability data as appropriate for the instrument's purpose and intended use. For instruments developed using item response models, suitable psychometric data from the test development process should be submitted, including, but not limited to, the standard error of measurement, indices of item discrimination and difficulty, and total test information. Classifications resulting from criterion-referenced tests (e.g., mastery, non-mastery, risk, impairment, etc.) must be shown to be reliable. Instruments that depend on examiner ratings must demonstrate appropriate forms of inter-rater reliability.

13. Decisions based on test results must be supported by validity evidence established by independent research. Evidence of concurrent or predictive construct, content, and criterion validity (e.g., correlations with measures of similar and/or dissimilar constructs, results of confirmatory factor analyses, etc.), and discriminant and convergent validity are appropriate, depending on the purpose and intended uses of the measure. Classifications resulting from criterion-referenced tests (e.g., mastery, non-mastery, risk, impairment, etc.) must be shown to be valid and demonstrate both sensitivity and specificity. Evidence of predictive validity should be submitted for measures that claim to predict future status or the likelihood of subsequent success.

14. Normative and technical data for the instrument must be no more than 15 years old (2008 or later).

Additional Requirements/Preferences 15. Instruments must allow for the generation of parent reports. 16. Instruments that have the following are preferred: a. Instructional resources for teachers that are aligned to/support the instrument (e.g., teacher grouping support, instructional activities targeting specific student or student group instructional needs, etc.). b. Instructional resources for families that are aligned to/support the instrument (e.g., family activities aligned to student needs, etc.).

Prekindergarten Submission Instructions

1. Complete the following Prekindergarten Submission Form. Provide written responses to all inquiries and attach any supporting technical evidence using the prompts provided in each section. Email the completed form with all attachments embedded to klsanti@uh.edu. This email must be received no later than 3:00 p.m. (Central Time) on Tuesday, January 31, 2023.

Prekindergarten Submission Form (.pdf)

Any submissions received after this date and time will not be accepted. The email must include the following information: name of submitting agency, date of submission, primary contact name, primary contact phone number, and primary contact email address. The primary contact should be the individual who can be contacted in the event reviewers need to ask questions or request more information pertaining to the submission. Delays in responding to reviewers' questions may result in an incomplete review; submissions with incomplete reviews will not be considered for inclusion on the 2023-2027 Commissioner's List of Approved Prekindergarten Progress Monitoring Instruments.

2. The following (2.1 and 2.2) must be submitted to and received by the University of Houston no later than 3:00 p.m. (Central Time) on Tuesday, January 31, 2023. Any submissions received after this date and time will not be accepted.

2.1. Two thumb drives including electronic versions of the submission form and all supporting documentation.

2.2. Online or electronic instruments must include online access information (e.g., web address, login, password) and/or an installable copy of the software.

2.3. Items 2.1 and 2.2 above must be submitted in clearly marked packages with the following information: name of submitting agency, date of submission, primary contact name, primary contact phone number, and primary contact email address.

2.4. All required submission information must be submitted to: University of Houston, College of Education, Attn: Kristi L. Santi, Ph.D., Farish Hall 318D, 3657 Cullen Blvd., Houston, Texas 77204-5023.

3. A confirmation of receipt of all required materials will be emailed to the contact email address provided.

4. Submissions that do not include all required and supporting materials (i.e., emailed form and attachments, three paper copies of form and attachments, two thumb drives with form and attachments, and access information or software for online/electronic instruments) or submissions that are not received by the deadline will not be reviewed.

Please note that all submissions will be reviewed using the Guidelines for the Implementation of TEA Criteria fort he Evaluation of English and Spanish Prekindergarten Progress Monitoring Instruments and responses to the questions provided in the prekindergarten submission form. A rolling review will be implemented, and instruments will be reviewed in the order they are received.

Further Information. For clarifying information, contact the TEA Early Childhood Education Division at (512) 463-8886.

TRD-202205158

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: December 21, 2022

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is January 31, 2023. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on January 31, 2023. 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: 2020 Landmark Capital, LLC; DOCKET NUMBER: 2022-0084-PWS-E; IDENTIFIER: RN111387411; LOCATION: Weatherford, Parker County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(e)(4)(A) and Texas Health and Safety Code, §341.033(a), by failing to operate the facility under the direct supervision of a water works operator who holds a Class D or higher license; 30 TAC §290.46(n)(1), by failing to maintain at the public water system accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; and 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; PENALTY: $1,563; ENFORCEMENT COORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Barnett Gathering, LLC; DOCKET NUMBER: 2017-1487-AIR-E; IDENTIFIER: RN105010714; LOCATION: Rendon, Tarrant County; TYPE OF FACILITY: compressor station; RULES VIOLATED: 30 TAC §116.110(a) and §116.604(2) and Texas Health and Safety Code (THSC), §382.0518(a) and §382.085(b), by failing to renew the registration to use a standard permit by the date the registration expires; and 30 TAC §122.143(4) and §122.145(2)(C), Federal Operating Permit Number O3114/General Operating Permit Number 511, Site-wide Requirements Number (b)(2), and THSC, §382.085(b), by failing to submit a deviation report no later than 30 days after the end of the reporting period; PENALTY: $49,875; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Carla Jane Karl; DOCKET NUMBER: 2022-1358-WOC-E; IDENTIFIER: RN111538872; LOCATION: Bowie, Montague County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Devin Mendoza, (512) 239-1832; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(4) COMPANY: Carr Land Development LLC; DOCKET NUMBER: 2022-1638-WQ-E; IDENTIFIER: RN111577516; LOCATION: Mineola, Wood County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit (stormwater); PENALTY: $875; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(5) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2020-0850-AIR-E; IDENTIFIER: RN100215615; LOCATION: Orange, Orange County; TYPE OF FACILITY: polyethylene manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(1), 116.115(c), and 122.143(4), 40 Code of Federal Regulations §60.560(g) and §60.564(d), New Source Review Permit Number 19394, Special Conditions Number 2.B, Federal Operating Permit Number O1310, General Terms and Conditions and Special Terms and Conditions Numbers 1.A and 9, and Texas Health and Safety Code, §382.085(b), by failing to comply with the exemption limits for individual vent streams that emit continuous emissions; PENALTY: $13,200; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $5,280; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: City of Earth; DOCKET NUMBER: 2022-1417-UTL-E; IDENTIFIER: RN101187995; LOCATION: Earth, Lamb County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $530; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(7) COMPANY: City of La Grulla; DOCKET NUMBER: 2022-1457-UTL-E; IDENTIFIER: RN101417335; LOCATION: La Grulla, Starr County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $1,120; ENFORCEMENT COORDINATOR: Amanda Conner, (512) 239-2521; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(8) COMPANY: City of Rotan; DOCKET NUMBER: 2022-1268-UTL-E; IDENTIFIER: RN101440659; LOCATION: Rotan, Fisher County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $650; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(9) COMPANY: CYPRESS VALLEY WATER SUPPLY CORPORATION; DOCKET NUMBER: 2022-1429-UTL-E; IDENTIFIER: RN101184745; LOCATION: Woodlawn, Harrison County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $625; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(10) COMPANY: CYPRESS VALLEY WATER SUPPLY CORPORATION; DOCKET NUMBER: 2022-1439-UTL-E; IDENTIFIER: RN101436616; LOCATION: Woodlawn, Harrison County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $600; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(11) COMPANY: ETC Texas Pipeline, Ltd.; DOCKET NUMBER: 2017-0562-AIR-E; IDENTIFIER: RN106225436; LOCATION: Ganago, Jackson County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §§101.20(2) and (3), 113.1090, 116.115(c), and 122.143(4), 40 Code of Federal Regulations (CFR) §63.7(b)(1) and §63.6645(g), Federal Operating Permit (FOP) Number O3587, Special Terms and Conditions (STC) Numbers 1.A and 7, New Source Review (NSR) Permit Numbers 98529 and PSDTX1264, Special Conditions (SC) Number 4.B, and Texas Health and Safety Code (THSC), §382.085(b), by failing to timely submit a stack test notification at least 60 days prior to the date testing was scheduled as required by 40 CFR Part 63 Subparts A and ZZZZ; 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), FOP Number O3587, STC Number 7, NSR Permit Numbers 98529 and PSDTX1264, SC Number 1, and THSC, §382.085(b), by failing to comply with the maximum allowable emissions rates; 30 TAC §§101.20(3), 116.115(c), and 122.143(4), FOP Number O3587, STC Number. 7, NSR Permit Number 98529 and PSDTX1264, SC Number 24.A, and THSC, §382.085(b), by failing to timely submit a stack test notification at least 45 days in advance of testing as required by NSR Permit Numbers 98529 and PSDTX1264; 30 TAC §116.110(a) and §116.116(b)(1) and THSC, §382.0518(a) and §382.085(b), by failing to comply with the representations with regards to construction plans and operation procedures in a permit application; and 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O3587, General Terms and Conditions, and THSC, §382.085(b), by failing to report all instances of deviations; PENALTY: $209,360; ENFORCEMENT COORDINATOR: Amanda Diaz, (713) 422-8921; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.

(12) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2022-0232-AIR-E; IDENTIFIER: RN102501020; LOCATION: Mont Belvieu, Chambers County; TYPE OF FACILITY: petrochemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Number 19016, Special Conditions Number 1, Federal Operating Permit Number O2276, General Terms and Conditions and Special Terms and Conditions Number 18, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $7,500; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $3,000; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(13) COMPANY: Goldking Minerals Management, L.L.C.; DOCKET NUMBER: 2022-1369-AIR-E; IDENTIFIER: RN103904959; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: crude oil production facility; RULES VIOLATED: 30 TAC §101.10(b)(2) and (e) and Texas Health and Safety Code, §382.085(b), by failing to submit an annual emissions inventory update for the previous calendar year by March 31st of each year or as directed by the commission; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: Gomez, Eric S; DOCKET NUMBER: 2022-1640-WOC-E; IDENTIFIER: RN106020878; LOCATION: Hearne, Robertson County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Devin Mendoza, (512) 239-1832; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: Juan Grimaldo; DOCKET NUMBER: 2022-1657-WOC-E; IDENTIFIER: RN105378772; LOCATION: Houston, Harris County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Devin Mendoza, (512) 239-1832; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: LAKEVIEW WATER SUPPLY and SEWER SERVICE CORPORATION; DOCKET NUMBER: 2022-1224-UTL-E; IDENTIFIER: RN101278307; LOCATION: Lakeview, Hall County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $625; ENFORCEMENT COORDINATOR: Daniel Brill, (512) 239-2564; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(17) COMPANY: MIDFIELD WATER SUPPLY CORPORATION; DOCKET NUMBER: 2022-1463-UTL-E; IDENTIFIER: RN102676780; LOCATION: Midfield, Matagorda County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $460; ENFORCEMENT COORDINATOR: Amanda Conner, (512) 239-2521; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: MIDWAY WATER UTILITIES, INCORPORATED; DOCKET NUMBER: 2022-0927-PWS-E; IDENTIFIER: RN101233120; LOCATION: Huron, Hill County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.43(c)(6), by failing to ensure that clearwells and potable water storage tanks, including associated appurtenances such as valves, pipes, and fittings, are thoroughly tight against leakage; and 30 TAC §290.43(c)(8), by failing to ensure that all clearwells, ground storage tanks, standpipes, and elevated storage tanks are painted, disinfected, and maintained in strict accordance with current American Water Works Association standards; PENALTY: $1,575; ENFORCEMENT COORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(19) COMPANY: Samuel Klaerner dba Chaparral Water System; DOCKET NUMBER: 2022-1199-UTL-E; IDENTIFIER: RN101227270; LOCATION: Gillespie, Gillespie County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $600; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(20) COMPANY: SIMPLY AQUATICS, INCORPORATED; DOCKET NUMBER: 2022-0868-PWS-E; IDENTIFIER: RN101651925; LOCATION: Montgomery, Montgomery County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.2 milligrams per liter of free chlorine throughout the distribution system at all times; 30 TAC §290.46(f)(2) and (3)(A)(iv), (B)(iii), and (D)(i), 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 §290.42(m), by failing to enclose the treatment plant and related appurtenances by an intruder-resistant fence with gates that shall be locked during periods of darkness and when the facility is unattended; and 30 TAC §290.46(v), by failing to ensure that the electrical wiring is securely installed in compliance with a local or national electrical code; PENALTY: $4,595; ENFORCEMENT COORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(21) COMPANY: SIMPLY AQUATICS, INCORPORATED; DOCKET NUMBER: 2022-1307-UTL-E; IDENTIFIER: RN102675303; LOCATION: Broaddus, San Augustine County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $700; ENFORCEMENT COORDINATOR: Ashley Lemke, (512) 239-1118; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(22) COMPANY: SIMPLY AQUATICS, INCORPORATED; DOCKET NUMBER: 2022-1308-UTL-E; IDENTIFIER: RN101247815; LOCATION: Broaddus, San Augustine County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $765; ENFORCEMENT COORDINATOR: Ashley Lemke, (512) 239-1118; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(23) COMPANY: TIGER POWER, INCORPORATED dba Tiger Power; DOCKET NUMBER: 2022-0121-PST-E; IDENTIFIER: RN101800712; LOCATION: Pearland, Brazoria County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tank (UST) system for releases at a frequency of at least once every 30 days, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $3,512; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(24) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2021-1206-AIR-E; IDENTIFIER: RN100214386; LOCATION: Corpus Christi, Nueces County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), New Source Review Permit Numbers 38754 and PSDTX324M14, Special Conditions Number 1, Federal Operating Permit Number O1458, General Terms and Conditions and Special Terms and Conditions Number 22, and Texas Health and Safety Code, §382.085(b), by failing to comply with the maximum allowable emissions rate; PENALTY: $44,250; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $17,700; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.

(25) COMPANY: WOODLAND HILLS WATER, LLC; DOCKET NUMBER: 2022-0057-PWS-E; IDENTIFIER: RN101200483; LOCATION: Dayton, Liberty County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of 2.0 gallons per minute per connection; and 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Ecko Beggs, (915) 834-4968; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-202205130

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: December 20, 2022

Enforcement Orders

An agreed order was adopted regarding Brighton Manor Apartments, L.P., Docket No. 2019‑1204‑PWS‑E on December 20, 2022 assessing $2,627 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jim Sallans, 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 City of Moody, Docket No. 2020‑0298‑MLM‑E on December 20, 2022 assessing $2,179 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Benjamin Pence, 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 UVM INVESTMENT INC dba Conoco Express, Docket No. 2020‑0570‑PST‑E on December 20, 2022 assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, 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 AIZA, INC. dba Hondo Shell, Docket No. 2021‑0166‑PST‑E on December 20, 2022 assessing $1,350 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Megan L. Grace, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202205145

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 21, 2022

Notice of District Petition

Notice issued December 21, 2022

TCEQ Internal Control No. D-10212022-034; HMH Caddo Mills Land, LP, a Texas limited partnership, (Petitioner) filed a petition for creation of Hunt County Municipal Utility District No. 5 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District (3) the proposed District will contain approximately 128 acres located within Hunt County, Texas; and (4) all of the land within the proposed District is wholly within the extraterritorial jurisdiction of the City of Caddo Mills. The petition further states that the proposed District will: (1) construct, maintain, and operate a waterworks system, including the purchase and sale of water for domestic and commercial purposes; (2) construct, maintain, and operate a sanitary sewer collection, treatment, and disposal system for domestic and commercial purposes; construct, install, maintain, purchase, and operate drainage and roadway facilities and improvements; and (3) construct, install, maintain, purchase, and operate facilities, systems, plants, and enterprises of such additional facilities as shall be consonant with all of the purposes for which the proposed District is created. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner that the cost of said project will be approximately $23,785,000 ($15,860,000 for water, wastewater, and drainage and $7,925,000 for roads). The Property is located wholly within the extraterritorial jurisdiction of the City of Caddo Mills, Hunt County, Texas (the "City"). In accordance with Local Government Code §42.042 and Texas Water Code §54.016, the Petitioner submitted a petition to the City, requesting the City’s consent to the creation of the District. After more than 90 days passed without receiving consent, the Petitioner submitted a petition to the City to provide water and sewer services to the proposed District. The 120-day period for reaching a mutually agreeable contract as established by the Texas Water Code §54.016(c) expired and the information provided indicates that the Petitioner and the City have not executed a mutually agreeable contract for service. Pursuant to Texas Water Code §54.016(d), failure to execute such an agreement constitutes authorization for the Petitioner to initiate proceedings to include the land within the proposed District.

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-202205147

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 21, 2022

Notice of District Petition

Notice issued December 21, 2022

TCEQ Internal Control No. D-09272022-056; 500 Choctaw Partners, LLC, a Texas limited liability company (Petitioner) filed a petition for creation of Choctaw Ranch Municipal Utility District of Grayson County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 and Article III, §52 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 544 acres located within Grayson County, Texas; and (4) some of the land within the proposed District is partially within the extraterritorial jurisdiction of the City of Tom Bean. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, or extend inside or outside of it 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 harmful excesses of water in the proposed District; (4) design, acquire, construct, finance, improve, operate, and maintain macadamized, graveled, or paved roads and turnpikes, or improvements in aid of those roads; and (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 all of the purposes for which the proposed District is created. Additionally, the proposed District will be granted road powers. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $81,275,000 ($56,880,000 for water, wastewater, and drainage and $24,395,000 for roads). The Property is located partially within the extraterritorial jurisdiction of the City of Tom Bean, Grayson County, Texas (the "City"). In accordance with Local Government Code §42.042 and Texas Water Code §54.016, the Petitioner submitted a petition to the City, requesting the City's consent to the creation of the District. After more than 90 days passed without receiving consent, the Petitioner submitted a petition to the City to provide water and sewer services to the proposed District. The 120-day period for reaching a mutually agreeable contract as established by the Texas Water Code §54.016(c) expired and the information provided indicates that the Petitioner and the City have not executed a mutually agreeable contract for service. Pursuant to Texas Water Code §54.016(d), failure to execute such an agreement constitutes authorization for the Petitioner to initiate proceedings to include the land within the proposed District.

INFORMATION SECTION

TRD-202205149

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 21, 2022

Notice of District Petition

Notice issued December 21, 2022

TCEQ Internal Control No. D-09122022-024; Cedar Creek East LP, a Texas limited partnership and NEU Community Creekside LLC, a Texas limited liability company, (the "Petitioners") filed an amended petition (petition) for creation of Bastrop County Municipal Utility District No. 4 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, § 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners hold title to a majority in value of the land in the proposed District; (2) there are three lienholders, Stallion Texas Real Estate Fund, LLC, Stallion Texas Real Estate Fund II-REIT, LLC, and Austerra Stable Income Fund, L.P., on the property to be included in the proposed District and the aforementioned entities have consented to the creation of the District; (3) the proposed District will contain approximately 575.264 acres located within Bastrop County, Texas; and (4) all of the land within the proposed district is located within the extraterritorial jurisdiction of the City of Bastrop (City). The petition further states that the work proposed to be done by the District at the present time is the purchase, design, construction, acquisition, maintenance, ownership, operation, repair, improvement and extension of a waterworks and sanitary sewer system for residential and commercial purposes, and the construction, acquisition, improvement, extension, maintenance and operation of works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the District, and to control, abate and amend local storm waters or other harmful excesses of waters, all as more particularly described in an engineer's report filed simultaneously with the filing of this petition, to which reference is hereby made for more detailed description, and such other purchase, construction, acquisition, maintenance, ownership, operation, repair, improvement and extension of such additional facilities, including roads, parks and recreation facilities, systems, plants and enterprises as shall be consistent with all of 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 that the cost of said project will be approximately $125,685,000 (including $102,940,000 for water, wastewater, and drainage plus $13,425,000 for roads and $9,320,000 for recreational facilities). In accordance with Local Government Code § 42.042 and Texas Water Code § 54.016, a petition was submitted to the City, requesting the City's consent to the creation of the District. After more than 90 days passed without receiving consent, a petition was submitted to the City to provide water and sewer services to the District. The 120-day period for reaching a mutually agreeable contract as established by the Texas Water Code § 54.016(c) expired and information provided indicates that the Petitioners and the City have not executed a mutually agreeable contract for service. Pursuant to Texas Water Code § 54.016(d), failure to execute such an agreement constitutes authorization for the Petitioners to proceed to the TCEQ for inclusion of the land into the District.

INFORMATION SECTION

TRD-202205150

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 21, 2022

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 January 31, 2023. 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 January 31, 2023 . 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: FOOTHILLS MOBILE HOME RANCH, INC.; DOCKET NUMBER: 2021-0276-PWS-E; TCEQ ID NUMBER: RN102687563; LOCATION: 402 July Lane near Boerne, Kendall County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.0315(c) and 30 TAC §290.106(f)(3)(C), by failing to comply with the maximum contaminant level of 4.0 milligrams per liter for fluoride based on the running annual average; and 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfection Level Quarterly Operating Report to the executive director by the tenth day of the month following the end of each quarter for the first through third quarters of 2020; PENALTY: $2,243; STAFF ATTORNEY: Benjamin Pence, Litigation, MC 175, (512) 239-2157; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: GEO SPECIALTY CHEMICALS, INC.; DOCKET NUMBER: 2019-1322-IWD-E; TCEQ ID NUMBER: RN100219070; LOCATION: 739 Independence Parkway South, on the west side of Independence Parkway South, approximately one mile north of the intersection of Independence Parkway South and State Highway 225 (Pasadena Highway) near Deer Park, Harris County; TYPE OF FACILITY: organic chemical manufacturing plant; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1) and (4), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0002558000, Permit Conditions Numbers 2.(d) and 2.(g), by failing to prevent an unauthorized discharge of industrial wastewater into or adjacent to any water in the state; TWC, §26.121(a)(1), 30 TAC §305.125(1) and (4), and TPDES Permit Number WQ0002558000, Permit Conditions Numbers 2.(d) and 2.(g), by failing to prevent an unauthorized discharge of industrial wastewater into or adjacent to any water in the state; TWC, §26.121(a)(1), 30 TAC §305.125(1) and (4), and TPDES Permit Number WQ0002558000, Permit Conditions Numbers 2.(d) and 2.(g), by failing to prevent an unauthorized discharge of industrial wastewater into or adjacent to any water in the state; TWC, §26.121(a)(1), 30 TAC §305.125(1), (4), and (5), and TPDES Permit Number WQ0002558000, Operational Requirements Number 4 and Permit Conditions Numbers 2.(d) and 2.(g), by failing to install adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures by means of alternate power sources, standby generators, and/or retention; TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ0002558000, Effluent Limitations and Monitoring Requirements (Outfall Number 002) Number 1, by failing to comply with permitted effluent limitations; 30 TAC §305.125(1) and (9), and TPDES Permit Number WQ0002558000, Monitoring and Reporting Requirement Number 7, by failing to report an unauthorized discharge orally to the Regional Office within 24 hours of becoming aware of the noncompliance, and in writing to the Regional Office and the Enforcement Division within five working days of becoming aware of the noncompliance; and TWC, §26.121(a)(2), 30 TAC §305.125(1) and (4), and TPDES Permit Number WQ0002558000, Permit Conditions Numbers 2.(d) and 2.(g) and Other Requirements Number 4, by failing to prevent an unauthorized discharge of other waste into or adjacent to any water in the state; PENALTY: $145,412; SUPPLEMENTAL ENVIRONMENTAL PROJECT: $72,706; STAFF ATTORNEY: David Keagle, Litigation, MC 175, (512) 239-3923; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-202205135

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: December 20, 2022

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is January 31, 2023. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on January 31, 2023. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Amanda Hahn; DOCKET NUMBER: 2019-1401-MSW-E; TCEQ ID NUMBER: RN110491065; LOCATION: Trinity Cove Section 02, Block 2 Lot 09 (Property ID Number 18319), Trinity County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW; PENALTY: $1,250; STAFF ATTORNEY: Taylor Pearson, Litigation, MC 175, (512) 239-5937; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Michael Hughes formerly doing business as Superior Tire & Service; DOCKET NUMBER: 2021-0961-MLM-E; TCEQ ID NUMBER: RN111197240; LOCATION: 1175 North Main Street, Vidor, Orange County; TYPE OF FACILITY: automotive mechanic shop; RULES VIOLATED: Texas Health and Safety Code, §361.112(a), and 30 TAC §§328.56(d)(2), 328.59(b)(1), and 328.60(a), by failing to obtain a scrap tire storage site registration for the facility prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in enclosed and lockable containers; 30 TAC §328.56(d)(4), by failing to monitor tires stored outside for vectors and utilize appropriate vector control measures at least once every two weeks; 30 TAC §328.58(f), by failing to retain all manifests, work orders, invoices, or other records to support activities related to the accumulation, handling, and shipment of used or scrap tires or scrap tire pieces at the facility; 30 TAC §328.61(g), by failing to maintain an adequate fire protection system using fire hydrants or a firewater storage pond or tank at the facility; 30 TAC §§328.59(b)(6), 328.62(d), and 328.63(d)(6), by failing to submit, to the executive director, an annual summary of the facility activities from January 1 - December 31 of each calendar year, showing the number and disposition of used or scrap tires or tire pieces received and the number of used or scrap tires or tire pieces removed from the facility no later than March 1 of the year following the end of the reporting period; 30 TAC §328.63(c), by failing to obtain a registration to process scrap tires; 30 TAC §324.6 and 40 Code of Federal Regulations §279.22(c)(1), by failing to label or clearly mark containers used to store used oil with the words "Used Oil"; 30 TAC §328.25(b), by failing to maintain a copy of the bill of lading for each shipment of used oil filters for at least three years after the date the filters were transported, stored, or processed at the facility; 30 TAC §324.7(3)(A), by failing to post and maintain a durable and legible sign identifying the facility as a household used-oil collection center; 30 TAC §324.4 and §328.23(c), by failing to secure the bulk used oil filter container in a closed, waterproof manner; and 30 TAC §335.4, by causing, suffering, allowing, or permitting the unauthorized disposal of industrial and hazardous waste; PENALTY: $37,430; STAFF ATTORNEY: Taylor Pearson, Litigation, MC 175, (512) 239-5937; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: Vernon Session and Ruby Session; DOCKET NUMBER: 2021-0621-PST-E; TCEQ ID NUMBER: RN101294189; LOCATION: 201 North Avenue East, Haskell, Haskell County; TYPE OF FACILITY: temporarily out-of-service underground storage tank (UST) system and a former retail refueling station; RULES VIOLATED: 30 TAC §334.602(a), by failing to identify and designate for the UST facility at least one named individual for each class of operator - Class A, B, and C; and 30 TAC §334.10(b)(2), by failing to provide UST records immediately upon request by TCEQ personnel; PENALTY: $1,575; STAFF ATTORNEY: Cynthia Sirois, Litigation, MC 175, (512) 239-3392; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

TRD-202205136

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: December 20, 2022

Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 285

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 285, On-Site Sewage Facilities, §§285.2, 285.3, 285.7, 285.32 - 285.34, 285.38, 285.39, 285.64, and 285.91, under the requirements of Texas Health and Safety Code (THSC), §363.062(f) and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would amend Chapter 285 in response to petitions approved at Commissioner's Agenda, as well as implement House Bill 1680, which took effect September 1, 2021. The proposed rules would clarify requirements, update language to be more consistent with industry standards, require technical changes to provide easier access for maintenance, and incorporate language that allows separately leased individual parts of federal lands to be considered as separate tracts for the purposes of Chapter 285. In addition to these changes, several typos and incorrect references would be corrected.

Announcement of Hearing

The commission will hold a hybrid virtual and in-person public hearing on this proposal in Austin on January 30, 2023, at 10:00 a.m. in Building E, Room 201S at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Individuals who plan to attend the hearing virtually and want to provide oral comments and/or want their attendance on record must register by Thursday, January 26, 2023. To register for the hearing, please email Rules@tceq.texas.gov and provide the following information: your name, your affiliation, your email address, your phone number, and whether or not you plan to provide oral comments during the hearing. Instructions for participating in the hearing will be sent on Friday, January 27, 2023, to those who register for the hearing.

For the public who do not wish to provide oral comments but would like to view the hearing may do so at no cost at:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTY1YzE1NTMtN2UzZC00ZDVmLWEwMWQtYTBjYTBkMjQ0ZTJk%40thread.v2/0?context=%7b%22Tid%22%3a%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2c%22Oid%22%3a%22e74a40ea-69d4-469d-a8ef-06f2c9ac2a80%22%2c%22IsBroadcastMeeting%22%3atrue%7d

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or 1-800-RELAY-TX (TDD). Requests should be made as far in advance as possible.

Submittal of Comments

Written comments may be submitted to Cecilia Mena, 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://tceq.commentinput.com/. File size restrictions may apply to comments being submitted via the TCEQ Public Comment system. All comments should reference Rule Project Number 2021-030-285-CE. The comment period closes on January 31, 2023. Please choose one of the methods provided to submit your written comments.

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 Donna Cosper, Program Support Section, at (512) 239-1324 or donna.cosper@tceq.texas.gov.

TRD-202205074

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 16, 2022

Notice of Request for Public Comment and Notice of Public Meetings on Four Draft Total Maximum Daily Loads for Indicator Bacteria in Neches River Tidal

The Texas Commission on Environmental Quality (TCEQ) has made available for public comment the four draft Total Maximum Daily Loads (TMDLs) for indicator bacteria in Neches River Tidal, of the Neches River Basin, within Jasper, Jefferson, and Orange counties.

The purpose of the meeting is to provide the public an opportunity to comment on the draft TMDLs in four assessment units: Neches River Tidal 0601_04, 0601_03, 0601_02, and 0601_01.

A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses. The commission requests comments on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, linkage analysis, margin of safety, pollutant load allocation, seasonal variation, public participation, and implementation and reasonable assurance.

After the public comment period, TCEQ may revise the draft TMDLs if appropriate. The final TMDLs will then be considered by the commission for adoption. Upon adoption, the final TMDLs and a response to all comments received will be made available on TCEQ’s website. The TMDLs will then be submitted to the United States Environmental Protection Agency (EPA) Region 6 office for final action. Upon approval by EPA, the TMDLs will be certified as an update to the State of Texas Water Quality Management Plan.

Public Meeting and Testimony. The public meeting for the draft TMDLs will be held at Lower Neches Valley Authority Administrative Office, 7850 Eastex Freeway, Beaumont, Texas 77708 on January 18, 2023, at 6:00 p.m.

Please periodically check https://www.tceq.texas.gov/waterquality/tmdl/nav/118-nechestidal-bacteria before the meeting date for meeting related updates.

During this meeting, individuals will have the opportunity to present oral statements. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all oral statements have been received.

Written Comments. Please choose one of the methods provided to submit your written comments. Written comments on the draft TMDLs may be submitted to Jason Leifester, Water Quality Planning Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted electronically to https://tceq.commentinput.com/. File size restrictions may apply to comments submitted via the TCEQ Public Comments system. All written comments must be received at TCEQ by midnight on January 30, 2023, and should reference Four Total Maximum Daily Loads for Indicator Bacteria in Neches River Tidal.

For further information regarding the draft TMDLs, please contact Jason Leifester at Jason.Leifester@tceq.texas.gov. The draft TMDLs can be obtained via TCEQ’s website at https://www.tceq.texas.gov/waterquality/tmdl/nav/118-nechestidal-bacteria.

Persons with disabilities who have special communication or other accommodation needs who are planning to participate in the meeting should contact Jason Leifester at Jason.Leifester@tceq.texas.gov. Requests should be made as far in advance as possible.

TRD-202205066

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 16, 2022

Notice of Water Quality Application

The following notice was issued on December 14, 2022:

The following notice 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 FROM THE NOTICE ISSUANCE DATE.

INFORMATION SECTION

Fulshear Municipal Utility District No. 3B, has applied for a minor amendment to the Texas Pollutant Discharge Elimination System Permit No. WQ0015443001 to authorize an increase in the Interim II Phase flow from 240,000 gallons per day to 720,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 960,000 gallons per day. The facility is approximately 1.46 miles southeast of the intersection of Interstate Highway 10 and Woods Road, in Waller County, Texas 77423.

TRD-202205146

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 21, 2022

Notice of Water Rights Application

Notice Issued December 20, 2022

APPLICATION NO. 12-3642A

Natural Dairy Grower Land, LP, 600 County Road 252, Gustine, Texas 76455, Applicant, seeks to amend Certificate of Adjudication No. 12-3642 to add a place of use in Comanche County and add seven diversion reaches located on Indian Creek, an unnamed tributary of the South Leon River, the South Leon River, the Leon River, and an unnamed tributary of Walnut Creek, Brazos River Basin in Comanche 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 15, 2020. Additional information and fees were received on November 12, 2020. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on December 9, 2020. The Executive Director completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include special conditions including, but not limited to, streamflow restrictions. The application, technical memoranda, and Executive Director's draft amendment are available for viewing on the TCEQ web page at: https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps. 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 January 09, 2023. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by January 09, 2023. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed by January 09, 2023.

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;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. 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.

If a hearing request is filed, the Executive Director will not issue the permit and will 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 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering ADJ 3642 in the search field. 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 o por el internet al http://www.tceq.texas.gov.

TRD-202205148

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 21, 2022

Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-202205069

Cynthia Hernandez

General Counsel

Department of State Health Services

Filed: December 16, 2022

Licensing Actions for Radioactive Materials (.pdf)

TRD-202205070

Cynthia Hernandez

General Counsel

Department of State Health Services

Filed: December 16, 2022

Texas Higher Education Coordinating Board

Notice of Intent to Engage in Negotiated Rulemaking--Data Request Reevaluation (Texas Institutions of Higher Education)

Texas Education Code (TEC) Section 51.406 directs the Texas Higher Education Coordinating Board ("THECB" or "Board") to reevaluate its rules and policies to ensure the need for the data requests it imposes on institutions of higher education and to consult with the institutions to identify any unnecessary data request(s) that are appropriate for removal from Board Rules. The THECB intends to engage in negotiated rulemaking in accordance with the provisions of TEC 61.0331 which requires the THECB to employ the negotiated rulemaking process when adopting a policy, procedure, or rule relating to the reevaluation of data requests. This is in accordance with the provisions of Senate Bill 215 passed by the 83rd Texas Legislature, Regular Session.

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

From this effort, 38 individuals responded (out of approximately 188 affected entities) and expressed an interest to participate or nominated a representative from their system/institution to participate on the negotiated rulemaking committee for data request reevaluation. The positions held by the volunteers and nominees indicate a probable willingness and authority of the affected interests to negotiate in good faith and a reasonable probability that a negotiated rulemaking process can result in a unanimous or, if the committee so chooses, a suitable general consensus on the proposed data request reevaluation.

The following is a list of the stakeholders who are significantly affected by this reevaluation and will be represented on the negotiated rulemaking committee for data request reevaluation:

1. Public community colleges;

2. Public health-related institutions;

3. Public State colleges;

4. Public Technical colleges;

5. Public universities;

6. Independent colleges and universities; and

7. Texas Higher Education Coordinating Board.

The THECB proposes to appoint the following 24 individuals to the negotiated rulemaking committee for data request reevaluation to represent affected parties and the agency:

Public Community Colleges

Kelly Steelman, Director, Financial Aid, Amarillo College

David Malone, Director, Business Intelligence and Data Warehousing, Collin County Community College

Staci Martin, Vice President, Student Services, Kilgore College

Cesar Vela, Vice President, Finance and Administration, Laredo College

Cortni Haralson, Senior Manager, Texas State Reporting, Lone Star College

Lindy Matthews, Vice President, Administrative Services, Ranger College

Carin Hutchins, Associate Vice Chancellor, Finance, San Jacinto Community College

Brad Beauchamp, Director, Institutional Planning, Assessment and Effectiveness, Vernon College

Public Health-Related Institutions

Christiane Herber-Valdez, Assistant Vice President, Academic Affairs, Texas Tech University Health Sciences Center-El Paso (Texas Tech University System)

John C. McKee, Vice President, Interprofessional Education, Institutional Effectiveness, and the Health Education Center, ad interim; Associate Vice President, Institutional Effectiveness, The University of Texas Medical Branch at Galveston (The University of Texas System)

Public State Colleges

Petra Uzoruo, Coordinator, Institutional Research, Lamar State College-Port Arthur (Texas State University System)

Public Universities

Erin Mulligan-Nguyen, Associate Vice President, Planning, Analytics, Institutional Research and Strategic Initiatives, Texas A&M University-Corpus Christi (Texas A&M University System)

Jarvis Hampton, Assistant Vice President, Institutional Research and Effectiveness, West Texas A&M University (Texas A&M University System)

Raijanel Crockem, Associate Vice President, Institutional Assessment, Planning and Effectiveness, Texas Southern University

Brandon Hennington, Chief Data Management Officer, Texas Tech University (Texas Tech University System)

Kyle Boudreaux, Institutional Research Officer, Lamar University (Texas State University System)

Tami Rice, Director, System Data and Analysis, Texas State University System

Carol Tucker, Director, Institutional Research, University of Houston-Downtown (University of Houston System)

Jason F. Simon, Associate Vice President, Data, Analytics, and Institutional Research, University of North Texas (University of North Texas System)

Steve Wilkerson, Associate Vice Provost, Institutional Research and Analysis; Chief Analytic Officer, The University of Texas at San Antonio (The University of Texas System)

Susan Brown, Assistant Vice President, Strategic Analysis and Institutional Reporting, The University of Texas Rio Grande Valley (The University of Texas System)

Independent Colleges and Universities

Kathleen Morley, Assistant Vice Provost, Baylor University

Glenn James, Vice Provost, University of the Incarnate Word

Texas Higher Education Coordinating Board

Kara Larkan-Skinner, Assistant Commissioner, Data Management and Research

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

1. Name and contact information of the person submitting the application;

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

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

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

The THECB requests comments on the Notice of Intent to engage in negotiated rulemaking and on the membership of the negotiated rulemaking committee. Comments and applications for membership on the committee must be submitted by January 8, 2023, to Laurie A. Frederick, Convener, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788, or via email at Laurie.Frederick@highered.texas.gov.

TRD-202205140

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Filed: December 20, 2022

Texas Department of Housing and Community Affairs

Correction of Error

The Texas Department of Housing and Community Affairs (the Department) adopted new 10 TAC §11.9 in the December 23, 2022, issue of the Texas Register (47 TexReg 8531). Due to an error by the Department, the text for subsection (c)(6)(F) was published incorrectly. The text should read as follows:

(F) The Development Site is located entirely within a census tract that is located wholly within the perimeter formed by the outermost boundaries of an incorporated area and the census tract itself and all of its contiguous census tracts do not have another Development that was awarded 10 or fewer years ago according to the Department's property inventory tab of the Site Demographic Characteristics Report. This item will apply to Development Sites located entirely in Places with a population of 100,000 or more, and will not apply in the At-Risk Set-Aside; (5 points)

(i) The presence of unincorporated enclaves within the census tract will not make an Application ineligible for these points so long as the tract is wholly within the outer boundaries of an incorporated area.

(ii) The perimeter of incorporated area may be composed of boundaries from multiple municipalities so long as the boundaries, when taken as a whole, form a complete perimeter.

(iii) The Development Site may intersect the boundaries of multiple Places so long as each has a population of 100,000 or more.

(iv) To accommodate for mapping inaccuracies, for purposes of this scoring item only, any overlap of boundaries that is 300 or fewer feet, measured outward from the incorporated area boundary, will be disregarded when determining that a census tract is located within an incorporated area so long as the determination is in the Application's favor.

(v) Contiguous census tracts include those that touch at a point.

TRD-202205137

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 20, 2022

Texas Department of Insurance

Company Licensing

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

Application to do business in the state of Texas for Pulsar Title Insurance Company, Inc., a foreign title 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 John Carter, 1601 Congress Ave., Suite 6.900, Austin, Texas 78711.

TRD-202205154

Justin Beam

Chief Clerk

Texas Department of Insurance

Filed: December 21, 2022

Texas Lottery Commission

Scratch Ticket Game Number 2468 "VIP CLUB"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2468 is "VIP CLUB". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2468 shall be $30.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2468.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 03, 04, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 2X SYMBOL, 5X SYMBOL, 10X SYMBOL, $30.00, $50.00, $75.00, $100, $150, $200, $300, $500, $3,000, $30,000 and $1,000,000.

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

Figure 1: GAME NO. 2468 - 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 (2468), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 025 within each Pack. The format will be: 2468-0000001-001.

H. Pack - A Pack of the "VIP CLUB" Scratch Ticket Game contains 025 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The front of Ticket 001 will be shown on the front of the Pack; the back of Ticket 025 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 025 will be shown on the back of the Pack.

I. Non-Winning 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 "VIP CLUB" Scratch Ticket Game No. 2468.

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 "VIP CLUB" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose eighty-one (81) Play Symbols. BONUS PLAY INSTRUCTIONS: If a player reveals 2 matching prize amounts in the same BONUS, the player wins that amount. VIP CLUB PLAY INSTRUCTIONS: If the player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "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 eighty-one (81) 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 eighty-one (81) 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 eighty-one (81) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the eighty-one (81) 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 either Play Symbols or Prize Symbols.

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

C. GENERAL: A Ticket can win up to thirty-seven (37) times.

D. GENERAL: Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.

E. GENERAL: The "2X" (DBL), "5X" (WINX5) and "10X" (WINX10) Play Symbols will never appear in either of the two (2) BONUS play areas.

F. BONUS: A Ticket can win up to one (1) time in each of the two (2) BONUS play areas.

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

H. BONUS: Non-winning Prize Symbols in a BONUS play area will not be the same as winning Prize Symbols from another BONUS play area.

I. BONUS: A non-winning BONUS play area will have two (2) different Prize Symbols.

J. VIP CLUB: A Ticket can win up to thirty (35) times in the main play area.

K. VIP CLUB: All non-winning YOUR NUMBERS Play Symbols will be different.

L. VIP CLUB: All WINNING NUMBERS Play Symbols will be different.

M. VIP CLUB: 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.

N. VIP CLUB: On all Tickets, a Prize Symbol will not appear more than six (6) times, except as required by the prize structure to create multiple wins.

O. VIP CLUB: On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

P. VIP CLUB: All YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., $30 and 30 and $50 and 50).

Q. VIP CLUB: On winning and Non-Winning Tickets, the top cash prizes of $3,000, $30,000 and $1,000,000 will each appear at least once, with respect to other parameters, play action or prize structure.

R. VIP CLUB: The "2X" (DBL) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

S. VIP CLUB: The "2X" (DBL) Play Symbol will never appear on a Non-Winning Ticket.

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

U. VIP CLUB: The "2X" (DBL) Play Symbol will never appear more than one (1) time on a Ticket.

V. VIP CLUB: The "5X" (WINX5) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

W. VIP CLUB: The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

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

Y. VIP CLUB: The "5X" (WINX5) Play Symbol will never appear more than one (1) time on a Ticket.

Z. VIP CLUB: The "10X" (WINX10) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

AA. VIP CLUB: The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.

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

CC. VIP CLUB: The "10X" (WINX10) Play Symbol will never appear more than one (1) time on a Ticket.

DD. VIP CLUB: The "2X" (DBL), "5X" (WINX5) and "10X" (WINX10) Play Symbols can only appear together on the same winning Ticket, as indicated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "VIP CLUB" Scratch Ticket Game prize of $50.00, $75.00, $100, $150, $200, $300 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, $75.00, $100, $150, $200, $300 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 "VIP CLUB" Scratch Ticket Game prize of $3,000, $30,000 or $1,000,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "VIP CLUB" 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 "VIP CLUB" 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 "VIP CLUB" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Prizes. There will be approximately 8,400,000 Scratch Tickets in Scratch Ticket Game No. 2468. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2468 - 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. 2468 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. 2468, 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-202205131

Bob Biard

General Counsel

Texas Lottery Commission

Filed: December 20, 2022

Scratch Ticket Game Number 2497 "COOL CASH"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2497 is "COOL CASH". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2497 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2497.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 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, 5X SYMBOL, 10X SYMBOL, GOLD BAR SYMBOL, BELL SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, STAR SYMBOL, POT OF GOLD SYMBOL, HORSESHOE SYMBOL, CHERRY SYMBOL, HAT SYMBOL, COINS SYMBOL, CACTUS SYMBOL, RING SYMBOL, GRAPE SYMBOL, PEPPER SYMBOL, STRAWBERRY SYMBOL, BANANA SYMBOL, $5.00, $10.00, $20.00, $50.00, $100, $500, $1,000, $5,000 and $100,000.

Figure 1: GAME NO. 2497 - 1.2D (.pdf)

G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2497), 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: 2497-0000001-001.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "COOL CASH" Scratch Ticket Game No. 2497.

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 "COOL CASH" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose forty-eight (48) Play Symbols. BONUS: If a player reveals 2 matching symbols in the BONUS, the player wins the PRIZE. COOL CASH (KEY NUMBER MATCH): If the player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "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-eight (48) 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-eight (48) 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;

15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the forty-eight (48) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the forty-eight (48) 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.

2.2 Programmed Game Parameters.

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

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

C. COOL CASH (Key Number Match): No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 20 and $20).

D. COOL CASH (Key Number Match): No matching non-winning YOUR NUMBERS Play Symbols on a Ticket.

E. COOL CASH (Key Number Match): No matching WINNING NUMBERS Play Symbols on a Ticket.

F. COOL CASH (Key Number Match): A non-winning Prize Symbol will never match a winning Prize Symbol.

G. COOL CASH (Key Number Match): A Ticket may have up to four (4) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.

H. COOL CASH (Key Number Match): The "5X" (WINX5) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.

I. COOL CASH (Key Number Match): The "10X" (WINX10) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "COOL CASH" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $25.00, $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 $25.00, $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 "COOL CASH" Scratch Ticket Game prize of $1,000, $5,000 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 "COOL CASH" 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.